Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. poli
Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 171 is devoted to the United Kingdom Supreme Court judgment of 24 January 2017 in R (Miller) v. Secretary of State for Exiting the European Union (together with judgment of the High Court), The Arctic Sunrise Arbitration (2014 award on jurisdiction and 2015 award on the merits) and the WTO Peru-Additional Duty on Imports of Certain Agricultural Products (Complainant: Guatemala).
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
In theory, at least, the United States is constitutionally designed as a republic with a limited executive balanced by equal branches of government represented by the Congress and the courts. In pract
This volume honours the work and writings of Professor Sir John Baker over the past fifty years, presenting a collection of essays by leading scholars on topics relating to the sources of English legal history, the study of which Sir John has so much advanced. The essays range from the twelfth century to the nineteenth, considering courts (central and local), the professions (both common law and civilian), legal doctrine, learning, practice, and language, and the cataloguing of legal manuscripts. The sources addressed include court records, reports of litigation (in print and in manuscript), abridgements, fee books and accounts, conveyances and legal images. The volume advances understanding of the history of the common law and its sources, and by bringing together essays on a range of topics, approaches and periods, underlines the richness of material available for the study of the history of English law and indicates avenues for future research.
The phrase 'sanctity of contracts' implies that contracts should always be strictly enforced. But when this objective is relentlessly implemented ruinous burdens are sometimes imposed on one party and extravagant enrichments conferred on the other. Despite recognition of the need to control highly unreasonable contracts in various particular contexts, there remain many instances in which the courts have refused to modify unreasonable contracts, sometimes with extravagant results that are avowedly 'grotesque'. In the computer age assent may be inferred from a click on a screen in the absence of any real agreement to the terms, which are often very burdensome to the user. In this book, arguments are advanced in favour of recognition of a general judicial power to relieve against highly unreasonable contracts, not only for the benefit of the disadvantaged party, but for the avoidance of unjust enrichment, and for the avoidance of anomalous gaps in the law.
This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
This study examines cases of fornication, bastardy, and paternity cases brought before the courts in Essex County, Massachusetts between 1640 and 1692. Prosecution and conviction rates, sentencing pat
The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
In popular tradition witches were either practitioners of magic or people who were objectionable in some way, but for early European courts witches were heretics and worshippers of the Devil. This stu
Islamophobia and the Law is a foundational volume of critical scholarship on the emerging form of bigotry widely known as Islamophobia. This book brings together leading legal scholars to explore the emergence and rise of Islamophobia after the 9/11 terror attacks, particularly how the law brings about state-sponsored Islamophobia and acts as a dynamic catalyst of private Islamophobia and vigilante violence against Muslims. The first book of its kind, it is a critical read for scholars and practitioners, advocates and students interested in deepening their knowledge of the subject matter. This collection addresses Islamophobia in race, immigration and citizenship, criminal law and national security, in the use of courts to advance anti-Muslim projects and in law and society.
The state is legally required to be neutral towards religion, but in many countries it is increasingly anything but. This book conducts a comparative legal analysis of the church–state relationship within and between western countries – including the USA, France and Israel – that are key players in international and domestic dynamics in which religion and religious conflict take centre stage. It analyses how government accommodates diversity, how policies of multiculturalism and pluralism translate into legislation, the extent to which they address matters of religion and belief and what pattern of related issues then come before the courts. Finally, it considers how civil society and democracy in general can maintain a balance between the interests of those of different religions and beliefs and those of none. In this illuminating study, Kerry O'Halloran shows how the relationship between religion and government affects civil society and the functioning of democracy in North America a
Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law
Some of today’s top legal thinkers consider the ways that legal thinking has bolstered―rather than corrected―injustice.Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice. Contributors describe how constitutional law supported a system of economic inequality; how we might reth
Examine the ways in which expertise, reason, and manners are continually under attack in our institutions, courts, political arenas, and social venues with this collection from the Pulitzer Prize-winning conservative columnist. George F. Will has been one of this country’s leading columnists since 1974. He won the Pulitzer Prize for it in 1977. The Wall Street Journal once called him “perhaps the most powerful journalist in America.” In new collection, he examines a remarkably unsettling thirteen years in our nation’s experience, from 2008 to 2020. Included are a number of columns about court cases, mostly from the Supreme Court, that illuminate why the composition of the federal judiciary has become such a contentious subject. Other topics addressed include the American Revolutionary War, historical figures from Frederick Douglass to JFK, as well as a scathing assessment of how State of the Union Addresses are delivered in the modern day. Mr. Will also offers his perspective on Americ
A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration. Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
