American Civil Procedure

Author: John Bilyeu Oakley
Publisher: Kluwer Law International B.V.
ISBN: 9041128727
Format: PDF, Kindle
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This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.

Europ ische Kollektivklage

Author: Eva-Maria Kowollik
Publisher: Nomos Verlag
ISBN: 3845286431
Format: PDF, ePub, Docs
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Der europäische Gesetzgeber beschäftigt sich bereits seit einigen Jahren mit der Einführung von Kollektivklagen. Alle bisherigen unionsrechtlichen Initiativen wurden bisweilen kritisch beäugt, da man mit Einführung derartiger Verfahren amerikanische Verhältnisse befürchtete. Dennoch hat die EU-Kommission 2013 ein Maßnahmenpaket zur Harmonisierung von kollektiven Schadensersatzansprüchen vorgestellt. Aber ist die Zeit wirklich reif für eine europäische Kollektivklage? Im Rahmen der Analyse kommt die Autorin zu dem Ergebnis, dass eine europäische Kollektivklage aktuell nicht umsetzbar erscheint, im Zuge einer Vereinheitlichung des Unionsrechts aber durchaus sinnvoll sein könnte. Vor diesem Hintergrund wurde ein kohärenter europäischer Referenzrahmen für Kollektivklagen erarbeitet, der die prozessrechtliche Ausgestaltung einer Kollektivklage justiert und einen Interessenausgleich zwischen Verbraucher- und Wirtschaftsseite schafft.

Failures of American Civil Justice in International Perspective

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1139504894
Format: PDF, Kindle
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Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Civil Procedure

Author: Stephen C. Yeazell
Publisher: Aspen Law & Business
ISBN: 9780735569256
Format: PDF, Kindle
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The famously teachable casebook, Civil Procedure, by Stephen C. Yeazell, features a flexible organization, expertly selected and edited cases, a manageable length, and eminently readable introductions and notes. The leading casebook for Civil Procedure features: a clear and straightforward writing style a helpful overview of the procedural system techniques for statutory analysis explained in plain English a manageable overall length a flexible organization that adapts to a variety of teaching approaches a comprehensive Teacher's Manual with detailed teaching guidance, case analyses, and sample syllabi a companion CD with complete text of all of the cases in the book an Annual Statutory and Case Supplement available for adoption a Companion Website with additional teaching materials, including the full text of every case discussed in the book Updated throughout, the Seventh Edition incorporates the restyled rules from the December 2007 Amendments to the FRCP, as well as material on recent developments, including: contemporary pleading systems and problems, incorporating recent Supreme Court pleading cases discovery: spoliation of evidence, E-discovery, sanctions resolution without trial: emerging trends in judicial regulation of arbitration former adjudication: preclusion & arbitration Always a pleasure to teach from, Civil Procedure gives you perfect teaching flexibility, even providing a complimentary CD with the complete text of the cases. At the same time, you know you are totally supported by a Teacher's Manual that provides day-to-day guidance for structuring each class, instructions and analyses of every case, and a selection of sample syllabi to choose among.

Supreme Courts in Transition in China and the West

Author: Cornelis Hendrik (Remco) van Rhee
Publisher: Springer
ISBN: 3319523449
Format: PDF, ePub, Mobi
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This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.

The Challenge of Democracy American Government in Global Politics

Author: Kenneth Janda
Publisher: Cengage Learning
ISBN: 1305537432
Format: PDF, Docs
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This best-selling American government text is highly acclaimed for the non-ideological framework it uses to explore three themes: freedom, order, and equality as political values; the majoritarianism versus pluralism debate; and globalization's effect on American politics. Extensively updated, this edition includes new examples, figures, data, and current discussions. It also features an increased concentration on Learning Outcomes, which are integrated throughout each chapter and tied to chapter quizzes. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

A Guide to Federal Agency Adjudication

Author: Michael Asimow
Publisher: American Bar Association
ISBN: 9781590311288
Format: PDF, Kindle
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Flash MX developers who need instant on-the job reminders about the ActionScript language should find O'Reilly's new ActionScript for Flash MX Pocket Reference useful. This concise reference is the portable companion to the Flash coder's essential resource, ActionScript for Flash MX: The Definitive Guide by Colin Moock.

The Journalist s Guide to American Law

Author: John T. Nockleby
Publisher: Routledge
ISBN: 1136895337
Format: PDF, ePub
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This easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.

Refugee Roulette

Author: Philip G. Schrag
Publisher: NYU Press
ISBN: 9780814741054
Format: PDF, ePub
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Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors’ research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.