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Author: Jacob B. van de Velden
Publisher: International Arbitration Law
ISBN: 9789041183422
Category : Law
Languages : en
Pages : 528
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Book Description
"This book does three things: first, Part I clarifies by reference to English law (Chapter 1) and Dutch law (Chapter 2) how different legal systems implement the principle of finality in litigation (a process called 'preclusion'); second, Part II rationalises the problem of preclusion between jurisdictions, by distinguishing two often conflated but fundamentally distinct problems: first, recognition of foreign judgments and, second, preclusion by foreign judgments (Chapter 3), and by analysing how English and Dutch courts resolve issues of preclusion raised by foreign judgments which are amenable to recognition (Chapter 4); and, finally, Part III evaluates the recent process of harmonisation of preclusion law at the EU level (Chapter 5) and suggests an approach to resolving the issues which arise upon recognition in case a foreign judgment is invoked for purposes of preclusion: to achieve finality in litigation locally after justice has been done abroad (Chapter 6)"--Publisher's website.
Author: Jacob B. van de Velden
Publisher: International Arbitration Law
ISBN: 9789041183422
Category : Law
Languages : en
Pages : 528
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Book Description
"This book does three things: first, Part I clarifies by reference to English law (Chapter 1) and Dutch law (Chapter 2) how different legal systems implement the principle of finality in litigation (a process called 'preclusion'); second, Part II rationalises the problem of preclusion between jurisdictions, by distinguishing two often conflated but fundamentally distinct problems: first, recognition of foreign judgments and, second, preclusion by foreign judgments (Chapter 3), and by analysing how English and Dutch courts resolve issues of preclusion raised by foreign judgments which are amenable to recognition (Chapter 4); and, finally, Part III evaluates the recent process of harmonisation of preclusion law at the EU level (Chapter 5) and suggests an approach to resolving the issues which arise upon recognition in case a foreign judgment is invoked for purposes of preclusion: to achieve finality in litigation locally after justice has been done abroad (Chapter 6)"--Publisher's website.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Philip J. Padovano
Publisher: West Group Publishing
ISBN: 9780314105400
Category : Appellate procedure
Languages : en
Pages : 940
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Book Description
Author: Toni M. Fine
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 148
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Author: Louis Fisher
Publisher: University Press of Kansas
ISBN: 0700636072
Category : Political Science
Languages : en
Pages : 282
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Book Description
Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.
Author: Jacob B. van de Velden
Publisher: Kluwer Law International B.V.
ISBN: 9041183434
Category : Law
Languages : en
Pages : 554
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Book Description
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Author: Arthur Karger
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages :
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Book Description
Author: Peter Coulson
Publisher: Oxford University Press, USA
ISBN: 9780198822110
Category : Law
Languages : en
Pages : 0
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Book Description
The fourth edition of Coulson on Construction Adjudication continues to provide the most authoritative and in-depth analysis of the law and practice of adjudication in construction and engineering disputes available.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 1501712918
Category : Law
Languages : en
Pages : 184
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Book Description
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author: Kelly Stephen Searl
Publisher:
ISBN: 9781017229721
Category : History
Languages : en
Pages : 0
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Book Description
