The Lochner Court Myth and Reality

Author: Michael J. Phillips
Publisher: Greenwood Publishing Group
ISBN: 9780275969301
Format: PDF, Kindle
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Examining the Supreme Court's 1897-1937 substantive due process cases, Phillips attacks long-held beliefs about the so-called Lochner Court.

Online Dispute Resolution bei grenz berschreitenden Verbrauchervertr gen

Author: Simon Johannes Heetkamp
Publisher: Vandenhoeck & Ruprecht
ISBN: 3847007777
Format: PDF, ePub
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Die außergerichtliche Streitbeilegung unter Nutzung moderner Informations- und Telekommunikationstechniken wird unter dem Schlagwort der Online Dispute Resolution (ODR) seit Mitte der 1990er Jahre diskutiert. In den vergangenen Jahren haben sowohl die Europäische Union als auch die UN-Kommission für internationales Handelsrecht (United Nations Commission on International Trade Law, UNCITRAL) Regelungsinitiativen zu Online-Streitbeilegungsverfahren angestoßen. In der vorliegenden Arbeit werden wesentliche Strukturelemente und Verfahrensgrundsätze des europäischen Modells (bestehend aus der europäischen ADR-Richtlinie 2013/11/ EU und der ODR-Verordnung Nr. 524/2013) mit den UNCITRAL-Entwürfen zu Verfahrensvorschriften verglichen. Ein Schlaglicht wird des Weiteren auf die zur Streitbeilegung zulässigen Sacherwägungen geworfen. The use of modern information and telecommunication technology in extrajudicial dispute resolution has been discussed under the slogan of the Online Dispute Resolution (ODR) since the mid-1990s. In recent years, both the European Union and the United Nations Commission on International Trade Law (UNCITRAL) have launched regulatory initiatives for online dispute resolution. The present work compares the key structural elements and procedural principles of the European model (consisting of the European ADR Directive 2013/11/ EU and ODR Regulation No. 524/2013) with the UNCITRAL draft procedural rules. Considerations that are permitted within dispute resolution are also placed under the spotlight.

Constitutional Law for a Changing America

Author: Lee Epstein
Publisher: CQ Press
ISBN: 154431793X
Format: PDF, Mobi
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A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. The Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.

Liberty and Union

Author: Edgar J. McManus
Publisher: Routledge
ISBN: 1136756604
Format: PDF, Kindle
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This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation. Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations. Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works – avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading. Useful features include: Full glossary of legal terminology Recommended reading A table of cases Extensive supporting artwork Companion website Useful documents provided: Declaration of Independence Articles of Confederation Constitution of the United States of America Chronological list of Supreme Court justices

The Oxford Handbook of Economic and Institutional Transparency

Author: Jens Forssbaeck
Publisher: Oxford University Press
ISBN: 0199394830
Format: PDF, Kindle
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In recent years, the term 'transparency' has emerged as one of the most popular and keenly-touted concepts around. In the economic-political debate, the principle of transparency is often advocated as a prerequisite for accountability, legitimacy, policy efficiency, and good governance, as well as a universal remedy against corruption, corporate and political scandals, financial crises, and a host of other problems. But transparency is more than a mere catch-phrase. Increased transparency is a bearing ideal behind regulatory reform in many areas, including financial reporting and banking regulation. Individual governments as well as multilateral bodies have launched broad-based initiatives to enhance transparency in both economic and other policy domains. Parallel to these developments, the concept of transparency has seeped its way into academic research in a wide range of social science disciplines, including the economic sciences. This increased importance of transparency in economics and business studies has called for a reference work that surveys existing research on transparency and explores its meaning and significance in different areas. The Oxford Handbook of Economic and Institutional Transparency is such a reference. Comprised of authoritative yet accessible contributions by leading scholars, this Handbook addresses questions such as: What is transparency? What is the rationale for transparency? What are the determinants and the effects of transparency? And is transparency always beneficial, or can it also be detrimental (if so, when)? The chapters are presented in three sections that correspond to three broad themes. The first section addresses transparency in different areas of economic policy. The second section covers institutional transparency and explores the role of transparency in market integration and regulation. Finally, the third section focuses on corporate transparency. Taken together, this volume offers an up-to-date account of existing work on and approaches to transparency in economic research, discusses open questions, and provides guidance for future research, all from a blend of disciplinary perspectives.

Due process of law

Author: John V. Orth
Publisher: Univ Pr of Kansas
Format: PDF, ePub
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Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made wayfor an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understa

The Supreme Court of the United States

Author: John J. Patrick
Publisher: Oxford University Press, USA
ISBN: 9780195150087
Format: PDF, Kindle
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An alphabetically arranged, illustrated guide to the Supreme Court, including biographical articles on all the justices, summaries and analysis of key decisions and major cases, and definitions of legal terms.