Toward a North American Legal System

Author: J. McHugh
Publisher: Springer
ISBN: 1137269502
Format: PDF, Mobi
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Toward a North American Legal System is a collection of scholarship that looks at a timely issue in public policy. Two decades after NAFTA, the team assembled by James T. McHugh works through both philosophical and practical questions related to a possibly more integrated legal system on the North American continent.

Commonwealth Caribbean Law and Legal Systems

Author: Rose-Marie Belle Antoine
Publisher: Routledge
ISBN: 1135333858
Format: PDF, Kindle
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Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

Treatment of Foreign Law Dynamics towards Convergence

Author: Yuko Nishitani
Publisher: Springer
ISBN: 3319565745
Format: PDF
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This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

The Common Law in Colonial America

Author: William E. Nelson
Publisher: Oxford University Press
ISBN: 0190465077
Format: PDF, ePub, Mobi
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In a projected four-volume series, The Common Law in Colonial America, William E. Nelson will show how the legal systems of Britain's thirteen North American colonies, which were initially established in response to divergent political, economic, and religious initiatives, slowly converged until it became possible by the 1770s to imagine that all thirteen participated in a common American legal order, which diverged in its details but differed far more substantially from English common law. Volume three, The Chesapeake and New England, 1660-1750, reveals how Virginia, which was founded to earn profit, and Massachusetts, which was founded for Puritan religious ends, had both adopted the common law by the mid-eighteenth century and begun to converge toward a common American legal model. The law in the other New England colonies, Nelson argues, although it was distinctive in some respects, gravitated toward the Massachusetts model, while Maryland's law gravitated toward that of Virginia.

Social Justice Criminal Justice

Author: Cyndy Caravelis
Publisher: Routledge
ISBN: 1317297997
Format: PDF, Docs
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Social Justice, Criminal Justice is a thought-provoking examination of the U.S. legal system, focusing on how criminal justice and social justice are related. The book provides a solid foundation of key philosophical and theoretical issues and goes on to examine the function of the law as it relates to social justice issues. The authors present and explain the foundational legal documents of the United States, and critically examine how those same documents, which espoused the rhetoric of equality for all, contribute toward the perpetuation and maintenance of a system of exclusion for groups with minority status, such as racial and ethnic minorities, the poor, women, and the LGBT (lesbian, gay, bisexual, transgender) community. Succinct but comprehensive, this text offers a careful examination of possible relationships between social justice theory and criminal justice practice and illuminates the role that the legal system has played in both preventing and assisting social change and power dynamics. For each identified group, important landmark court decisions are used to demonstrate the plight of the powerless and the quest for equal rights. The book provides an important perspective and understanding of the relationships among criminal justice, social justice, and the law. Suitable for undergraduate and early graduate courses in Social Justice, Justice Studies, Critical Issues, Ethics, and American Government and Law, this text provides easily digestible content for those interested in thinking critically about the U.S. legal system.

Towards a Global Polity

Author: Richard Higgott
Publisher: Routledge
ISBN: 1134472048
Format: PDF, ePub, Docs
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While 'one world government' is not on the cards, the globalization of political life has progressed significantly over the last decades. Rather than adding to existing theoretical frameworks such as the realist picture of international anarchy or the English School's ‘international society’, this volume starts out from the idea of the world as one interconnected political system and explores ways and perspectives in which to analyse it as such. Subjects discussed include national sovereignty, law, public management, networks, economic governance, institutions and Europe. The contributors examine central aspects of this emerging global polity such as the role of law, of networks and of civil society. They discuss key theoretical and meta-theoretical questions on how to analyze and theorize the global polity, what drives it forward, and whether it can be democratized. Contributed to, and edited by renowned names in the field, the outstanding scholarship presented in this topical book provides an original contribution to the literature on globalization and global governance.

Aufbruch nach Europa

Author: Jürgen Basedow
Publisher: Mohr Siebeck
ISBN: 9783161476303
Format: PDF, ePub, Mobi
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English summary: Authors from 25 countries have contributed to a Festschrift to celebrate the 75th anniversary of the Max Planck Institute for Private Law in Hamburg. The articles cover the history and future research projects of the Institute, aspects of German, European and international economic law, private international law and civil procedure, issues of comparative law and the unification of laws and selected private law topics from non-German legal systems. German description: Die Grundung des Max-Planck-Instituts fur auslandisches und internationales Privatrecht geht auf das Jahr 1926 zuruck. In der Festschrift zu seinem 75-jahrigen Bestehen sind Beitrage von Autoren aus aller Welt, die dem Institut verbunden sind, vereinigt. Mit dem 'Aufbruch nach Europa' wird programmatisch ein Bogen uber die meisten Beitrage gespannt, aber auch der Weg des Instituts beschrieben, von den Anfangen und bis in die Zukunft hinein.

Toward a North American Community

Author: Robert A. Pastor
Publisher: Peterson Institute
ISBN: 9780881323283
Format: PDF
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The Mexican peso crisis that struck in late December 1994 coincided with a new Mexican administration and the end of the first year of the North American Free Trade Agreement (NAFTA). The crisis poignantly highlighted the success and the inadequacy of the treaty-success in the expansion of trade and capital flows, and inadequacy in institutional capacity. The Canadian, Mexican, and US governments defined the agreement so narrowly that they failed to devise a mechanism that could monitor, anticipate, plan, or even respond to such a serious problem. The centerpiece of the book is a detailed proposal for new institutions and "North American plans" for infrastructure and transportation, immigration and customs, and projects aimed at lifting the poorer regions. It will be of considerable interest to policymakers as well as researchers and students of international political economy, world trade, and foreign affairs.

African American Males and the U S Justice System of Marginalization A National Tragedy

Author: Floyd Weatherspoon
Publisher: Springer
ISBN: 113740843X
Format: PDF, Mobi
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African-American Males and the US Justice System of Marginalization provides an overview of the economic and social status of African-American males in America, which continues to deteriorate at an alarming rate. Weatherspoon posits that in every American institutional system, from birth to death, the journey of African-American males to achieve racial justice and equity in this country is ignored, marginalized, and exploited. The American justice system, in particular, has permitted and in some cases sanctioned the marginalization of African-American males as full citizens. Weatherspoon examines the idea that African-American males are disproportionately represented in every aspect of the criminal justice system, and that the marginalization of African-American males in America has a long and treacherous history that continues to negatively impact their economic, political, and social status.