Download or read book Fairness in Criminal Appeal written by Helena Morão and published by Springer Nature. This book was released on 2023-02-10 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence.

Download or read book One Country Two Systems Three Legal Orders Perspectives of Evolution written by Jorge Oliveira and published by Springer Science & Business Media. This book was released on 2009-07-21 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

Download or read book Introduction to Brazilian Law written by Fabiano Deffenti and published by Kluwer Law International B.V.. This book was released on 2016-11-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the only full-scale book in English on the law of a country that in recent years has emerged as a leading player on the world’s stage. Brazil’s markets have flourished as courts, legislators and a sophisticated legal elite have continuously adapted foreign rules to the country’s realities, giving Brazil a formidable edge in attracting foreign investors. Sixteen notable Brazilian authorities describe and analyse the laws, regulations and jurisprudence in all the major fields of legal practice and administration, paying detailed attention to such elements as the following: - the multiple interwoven sources of Brazilian law; - administrative agencies and procedures; - Brazil’s unique ‘social function of contracts’ principle; - corporate and related structures; - the new Brazilian civil procedure code and arbitration rules; - constitutional principles and judicial review; - fiduciary transfers and insolvency issues; - complex rules of criminal procedure; - mandatory succession rules; - labour law compliance; - private international law; and - taxation. Each chapter is followed by an up-to-date reference list of works both in English and in Portuguese. This book provides practitioners with information more than sufficient to navigate through any area of Brazilian law. Lawyers and scholars will find here an overview that will continue to be useful as a resource in facing and overcoming the challenges inherent in engaging with Brazil’s economy and legal realities.

Download or read book Rio as Method written by Paul Amar and published by Duke University Press. This book was released on 2024-10-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rio as Method provides a new set of lenses for apprehending and transforming the world at critical junctures. Challenging trends that position Global South scholars as research informants or objects, this Rio de Janeiro-based network of scholars, activists, attorneys, and political leaders center their Brazilian megacity as a globally relevant source for transformational world-making insights. Presenting this volume as a handbook and manifesto for energizing public engagement and direct action, more than forty contributors reconceive method as a politics of knowledge production that animates new ways of being, seeing, and doing politics. They draw on lessons from the city’s intersecting religious, feminist, queer, Black, Indigenous, and urbanist movements to examine issues ranging from state violence, urban marginalization, and moral panic to anticorruption efforts, paramilitary policing, sex work, and mutual aid. Rethinking theoretical and collaborative research methods, Rio as Method models theories of decolonial analysis and concepts of collective resistance that can be taken up by scholar-activists anywhere. Contributors. Rosiane Rodrigues de Almeida, José Claudio Souza Alves, Tamires Maria Alves, Paul Amar, Marcelo Caetano Andreoli, Beatriz Bissio, Thaddeus Gregory Blanchette, Fernando Brancoli, Thayane Brêtas, Victoria Broadus, Fatima Cecchetto, Leonard Cortana, Marcos Coutinho, Monica Cunha, Luiz Henrique Eloy Amado, Marielle Franco, Cristiane Gomes Julião, Benjamin Lessing, Roberto Kant de Lima, Amanda De Lisio, Bryan McCann, Flávia Medeiros, Ana Paula Mendes de Miranda, Sean T. Mitchell, Rodrigo Monteiro, Vitória Moreira, Jacqueline de Oliveira Muniz, Laura Rebecca Murray, Cesar Pinheiro Teixeira, Osmundo Pinho, Paulo Pinto, María Victoria Pita, João Gabriel Rabello Sodré, Luciane Rocha, Marcos Alexandre dos Santos Albuquerque, Ana Paula da Silva, Denise Ferreira da Silva, Soraya Simões, Indianare Siqueira, Antonio Carlos de Souza Lima, Leonardo Vieira Silva

Download or read book Toward a Prosecutor for the European Union Volume 1 written by Katalin Ligeti and published by Bloomsbury Publishing. This book was released on 2012-12-17 with total page 1313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.

Download or read book National Socialist Criminal Law written by Kai Ambos and published by Nomos Verlag. This book was released on 2019-09-27 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.

Download or read book Judicial Protection in Transnational Criminal Proceedings written by Martin Böse and published by Springer Nature. This book was released on 2020-10-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

Download or read book Admissibility of Evidence in EU Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.

Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1976 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Library of Congress Catalog written by Library of Congress and published by . This book was released on 1970 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Download or read book Cross Border Cooperation CBC Strategies for Sustainable Development written by Castanho, Rui Alexandre and published by IGI Global. This book was released on 2020-02-14 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the importance of sustainability in strategy and development grows, so does the importance of cross-border cooperation (CBC) to facilitate green projects. Border territories, however, are complex and fragile areas, and thus, their planning through CBC projects should be deeply analyzed and studied. It has become crucial to understand this issue across many different disciplines. Cross-Border Cooperation (CBC) Strategies for Sustainable Development is a pivotal reference source that provides relevant theoretical frameworks and trends in border area dynamics as well as cross-border cooperation’s influence on sustainable development. Highlighting topics such as CBC in insular territories, biodiversity policy, and sustainable planning and development, this book is ideally designed for culture analysts, sustainability specialists, policymakers, researchers, academicians, and students.

Download or read book National Union Catalog written by and published by . This book was released on 1978 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.

Download or read book Subject Catalog written by Library of Congress and published by . This book was released on 1982 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Handbook of Latin American Studies written by and published by . This book was released on 1961 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains scholarly evaluations of books and book chapters as well as conference papers and articles published worldwide in the field of Latin American studies. Covers social sciences and the humanities in alternate years.

Download or read book Towards a Four Tiered Model of Mediation written by Hugo Luz dos Santos and published by Springer Nature. This book was released on 2023-02-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynamics of mediation. The fourth tier is the cross-border and cross-cultural dynamics of mediation. Taken together, the four tiers that premise the four-tiered model of mediation seek to unlock the finding in view of which law and social reality are tightly interlocked. In this vein, it is the underlying social reality of a given jurisdiction that should dictate the design of a pre-suit court-connected mandatory mediation with an easy opt-out, a central claim of both social dynamics of mediation (the first tier of the four-tiered model of mediation) and legal dynamics of mediation (the third tier of the four-tiered model of mediation).

Download or read book Modern Insights and Strategies in Victimology written by Borges, Gabriela Mesquita and published by IGI Global. This book was released on 2024-03-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of victimization is experiencing profound changes with the introduction of new challenges and demands. From emerging forms of victimization to the continuous evolution of perpetrators’ methods, these shifts necessitate critical adjustments of the study at theoretical and practical levels. The scientific community, as well as public communities and institutions of justice grapple with the intricate connections between crime victims and the justice system. Amidst this urgency, there is a distinctive need for a comprehensive resource that not only delves into the complexities of victimology but also addresses the evolving theoretical and practical frameworks shaping the field. Victimization has transformed into unprecedented forms, impacting individuals, communities, and institutions. These changes create a demand for innovative solutions at multiple levels. The scientific community faces the challenge of adapting theoretical approaches, prevention, and intervention strategies to keep pace with evolving victimization methods. Communities and organizations require new protection strategies, particularly in the face of collective victimization. Within justice systems, constant vigilance and adaptation are essential to navigate the complexities of these transformations. Modern Insights and Strategies in Victimology serves as the definitive solution to the pressing challenges presented by the evolving landscape of victimology. Exclusively featuring qualitative studies, the book offers a unique perspective by delving deeply into the lived experiences, narratives, and emotions within the justice system. Through its contemporary and systematic approach, the handbook integrates theoretical approaches with recent empirical studies, emphasizing qualitative methodologies. The book is a testament to its commitment to enriching academic scholarship while providing invaluable insights to victim assistance professionals, policymakers, and decision-makers.