Law as a Means to an End

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1139459228
Format: PDF, ePub, Docs
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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Lawfare

Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263571
Format: PDF, ePub
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"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--

Private Regulation and the Internal Market

Author: Mislav Mataija
Publisher: Oxford University Press
ISBN: 0191063576
Format: PDF, ePub
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How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.

The Common European Sales Law in Context

Author: Gerhard Dannemann
Publisher: OUP Oxford
ISBN: 0191668184
Format: PDF, ePub, Docs
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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Political Discourse

Author: L. H. LaRue
Publisher: University of Georgia Press
ISBN: 0820336270
Format: PDF
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Watergate has already told us much about the political dynamics of the presidency. In Political Discourse, L. H. LaRue shows that it can also reveal much about Congress, the men and women we elect to be our collective voice in Washington. Retracing the debates in the House Judiciary Committee as it voted on the articles of impeachment, LaRue shows that our representatives—all of them lawyers—chose to center their discussions largely on the president's violation of the law. Yet, LaRue suggests, far greater matters than simple lawlessness were at stake. By choosing to organize their discussions predominantly around the concept of “rule of law,” our representatives sidestepped the crucial issues of government ethics, the public trust, and democracy itself that Watergate raised. In this way, they failed in their role as representatives and misstated the deepest concerns of their constituents. LaRue proposes that breach of trust, not rule of law, should have been the focus of the discussions. Such a metaphor would have been less legalistic, closer to most Americans' true concerns. It would have created a more wide-ranging debate that better encompassed the crucial issues that surrounded Watergate—one that spoke for our determination as a people to resist tyrants who threaten our democracy.

The Future of the Public Domain

Author: Lucie M. C. R. Guibault
Publisher: Kluwer Law International B.V.
ISBN: 9041124357
Format: PDF, Mobi
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The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

Constituting Democracy

Author: Heinz Klug
Publisher: Cambridge University Press
ISBN: 9780521786430
Format: PDF, Mobi
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Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.

Documents on the Law of UN Peace Operations

Author: Bruce Oswald
Publisher: Oxford University Press, USA
ISBN: 0199571260
Format: PDF, Kindle
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United Nations peacekeepers currently play a crucial role in international responses to threats to peace and security across the globe. Since 1948 the UN has been involved in over 60 peacekeeping operations. However in the current environment of complex and rapidly changing threats to peace, there has been a dramatic increase in the use of UN peacekeepers to deal with situations of instability. In 2009 alone over 100,000 individuals are deployed on such missions. This situation has resulted in a range of new and pressing challenges to the legal framework applicable during such collective international action. This book provides, for the first time, a comprehensive account of the legal framework regulating this area of collective international action. The book contains key documents in the areas of privileges and immunities, human rights law, international humanitarian law, and international criminal law. Types of documents featured include foundational treaties, international rules and regulations, memoranda, judgments of the International Court of Justice, and some mission specific documents. Before each document a prefatory note is included, outlining the historical development of the document as well as its relevance to UN peace operations. To further assist scholars and practitioners in their work, the work concludes with a guide on undertaking further legal research on the laws relevant to peace operations, a list of all UN peace operations and relevant enabling resolutions, and a suggested approach to interpreting Security Council mandates. From scholars and students to policy makers, representatives in the military, police and humanitarian organizations - this book will be an invaluable resource in the development of a better understanding of the legal framework surrounding the establishment, management, and conduct of peace operations that are mandated and controlled by the UN.

Arresting Language

Author: Peter David Fenves
Publisher: Stanford University Press
ISBN: 9780804739603
Format: PDF, ePub, Mobi
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Concentrating on both widely known and seldom-read texts from a variety of philosophers, writers, and critics—from Leibniz and Mendelssohn, through Kleist and Hebel, to Benjamin and Irigaray—the book analyzes the genesis and structure of interruption, a topic of growing interest to contemporary literary studies, continental philosophy, legal studies, and theological reflection.