Download or read book The 1958 New York Convention in Action written by Marike Paulsson and published by Kluwer Law International B.V.. This book was released on 2016-02-24 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1958 New York Convention has been called the most effective instance of international legislation in the entire history of commercial law. However, the succinct text of the Convention leaves open a host of significant and complex questions, which may be, and have been, answered in a variety of ways; as difficult cases arise and demand solutions, they generate inconsistent outcomes. For all its remarkable success, the Convention has on occasion proved itself to be unreliable and unpredictable. This book simultaneously exposes the difficulties of the Convention and explores potential solutions. It examines each substantive article of the New York Convention in accordance with the following outline: • the text and its issues; • original intent; • the prism of the rules of interpretation of the Vienna Convention; • judicial outcomes; and • appraisal. By drawing on the Convention's drafting history in great detail, the book presents a coherent account of how the most frequently recurring interrogations about the text are reflected (or not) in judicial practice. The author studied more than 1,700 decisions rendered under the Convention since its inception in 1958 in order to provide a succinct selection of landmark cases per article. With its intense investigation of the complex reality underlying contracting States' commitment in principle and judicial application in fact, the author's judicial understanding of the Convention provides a clear conceptual framework that will help avoid outcomes at odds with the purposes of this important instrument. Lawyers and judges will rely on this book not only to situate the Convention in the national legal orders where it is intended to produce its effects, but also discover practical ways to respond to distinct questions of application.

Download or read book The Mob and the City written by C. Alexander Hortis and published by Prometheus Books. This book was released on 2014-05-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forget what you think you know about the Mafia. After reading this book, even life-long mob aficionados will have a new perspective on organized crime. Informative, authoritative, and eye-opening, this is the first full-length book devoted exclusively to uncovering the hidden history of how the Mafia came to dominate organized crime in New York City during the 1930s through 1950s. Based on exhaustive research of archives and secret files obtained through the Freedom of Information Act, author and attorney C. Alexander Hortis draws on the deepest collection of primary sources, many newly discovered, of any history of the modern mob. Shattering myths, Hortis reveals how Cosa Nostra actually obtained power at the inception. The author goes beyond conventional who-shot-who mob stories, providing answers to fresh questions such as: * Why did the Sicilian gangs come out on top of the criminal underworld? * Can economics explain how the Mafia families operated? * What was the Mafia's real role in the drug trade? * Why was Cosa Nostra involved in gay bars in New York since the 1930s? Drawing on an unprecedented array of primary sources, The Mob and the City is the most thorough and authentic history of the Mafia's rise to power in the early-to-mid twentieth century.

Download or read book The McGraw Hill Guide written by Duane H. Roen and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social Psychology of Inclusion and Exclusion written by Dominic Abrams and published by Psychology Press. This book was released on 2004-06-02 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the social psychological dynamics and phenomenology of social inclusion and exclusion. The editors take as their starting point the assumption that social life is conducted in a framework of relationships in which individuals seek inclusion and belongingness. Relationships necessarily include others, but equally they have boundaries that exclude. Frequently these boundaries are challenged or crossed. The book will draw together research on individual motivation, small group processes, stigmatization and intergroup relations, to provide a comprehensive social psychological account of social inclusion and exclusion.

Download or read book The Legalist Reformation written by William E. Nelson and published by Univ of North Carolina Press. This book was released on 2003-01-14 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today.

Download or read book Enforcement of Foreign Arbitral Awards and Judgments in New York written by Andreas A. Frischknecht and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

Download or read book Rescuing Socrates written by Roosevelt Montas and published by Princeton University Press. This book was released on 2023-03-21 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Dominican-born academic tells the story of how the Great Books transformed his life—and why they have the power to speak to people of all backgrounds What is the value of a liberal education? Traditionally characterized by a rigorous engagement with the classics of Western thought and literature, this approach to education is all but extinct in American universities, replaced by flexible distribution requirements and ever-narrower academic specialization. Many academics attack the very idea of a Western canon as chauvinistic, while the general public increasingly doubts the value of the humanities. In Rescuing Socrates, Dominican-born American academic Roosevelt Montás tells the story of how a liberal education transformed his life, and offers an intimate account of the relevance of the Great Books today, especially to members of historically marginalized communities. Montás emigrated from the Dominican Republic to Queens, New York, when he was twelve and encountered the Western classics as an undergraduate in Columbia University’s renowned Core Curriculum, one of America’s last remaining Great Books programs. The experience changed his life and determined his career—he went on to earn a PhD in English and comparative literature, serve as director of Columbia’s Center for the Core Curriculum, and start a Great Books program for low-income high school students who aspire to be the first in their families to attend college. Weaving together memoir and literary reflection, Rescuing Socrates describes how four authors—Plato, Augustine, Freud, and Gandhi—had a profound impact on Montás’s life. In doing so, the book drives home what it’s like to experience a liberal education—and why it can still remake lives.

Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |

Download or read book Law Without Justice written by Paul H. Robinson and published by Oxford University Press. This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.

Download or read book Dostoevsky s Crime and Punishment written by Deborah A. Martinsen and published by Academic Studies PRess. This book was released on 2022-02-22 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime and Punishment: A Reader’s Guide focuses on narrative strategy, psychology, and ideology. Martinsen demonstrates how Dostoevsky first plunges the reader into Raskolnikov’s fevered brain, creating sympathy for him, and she explains why most readers root for him to get away from the scene of the crime. Dostoevsky subsequently provides outsider perspectives on Raskolnikov’s thinking, effecting a conversion in reader sympathy. By examining the multiple justifications for murder Raskolnikov gives as he confesses to Sonya, Dostoevsky debunks rationality-based theories. Finally, the question of why Raskolnikov and others, including the reader, focus on the murder of the pawnbroker and forget the unintended murder of Lizaveta reveals a narrative strategy based on shame and guilt.

Download or read book The Singapore Convention on Mediation written by Nadja Alexander and published by Kluwer Law International B.V.. This book was released on 2022-08-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.

Download or read book Surprised by Shame written by Deborah A. Martinsen and published by Ohio State University Press. This book was released on 2003 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines shame studies and literary criticism to uncover new perspectives on Dostoevsky as writer and psychologist, with his lying characters as case studies.

Download or read book The Passport as Home written by Andrei S. Markovits and published by Central European University Press. This book was released on 2021-08-10 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the story of an illustrious Romanian-born, Hungarian-speaking, Vienna-schooled, Columbia-educated and Harvard-formed, middle-class Jewish professor of politics and other subjects. Markovits revels in a rootlessness that offers him comfort, succor, and the inspiration for his life’s work. As we follow his quest to find a home, we encounter his engagement with the important political, social, and cultural developments of five decades on two continents. We also learn about his musical preferences, from classical to rock; his love of team sports such as soccer, baseball, basketball, and American football; and his devotion to dogs and their rescue. Above all, the book analyzes the travails of emigration the author experienced twice, moving from Romania to Vienna and then from Vienna to New York. Markovits’s Candide-like travels through the ups and downs of post-1945 Europe and America offer a panoramic view of key currents that shaped the second half of the twentieth century. By shedding light on the cultural similarities and differences between both continents, the book shows why America fascinated Europeans like Markovits and offered them a home that Europe never did: academic excellence, intellectual openness, cultural diversity and religious tolerance. America for Markovits was indeed the “beacon on the hill,” despite the ugliness of its racism, the prominence of its everyday bigotry, the severity of its growing economic inequality, and the presence of other aspects that mar this worthy experiment’s daily existence.

Download or read book Queens 2009 written by Jane Pirone and published by Not for Tourists. This book was released on 2008-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book WWII NYC written by Kenneth T. Jackson and published by Scala Arts Publishers Incorporated. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in conjunction with the ground breaking exhibition WWII & NYC at the New-York Historical Society, this fascinating book captures the little-told but epic story of New York in the years 1939-1945, the war's impact on the metropolis, and the challenges New Yorkers faced in a city mobilised for war.

Download or read book Medieval Epics and Sagas written by and published by . This book was released on 2005-06-01 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The thousand year gap between the fall of Rome and the dawn of the Renaissance is sometimes dismissed as a cultural wasteland, a benighted period aptly called the Dark Ages. While it's true the arts and sciences didn't ... thrive during this time, the gift of literacy brought by Christian missionaries to the various tribes of Europe kept one literary form alive: the epic. Part poetry, part adventure story, the epic celebrated the deeds of heroes and dramatized a nation's cultural and religious ideals..."--Preface.