University of Pennsylvania Law Review and American Law Register

University of Pennsylvania Law Review and American Law Register PDF Author:
Publisher:
ISBN:
Category : Electronic journal.s
Languages : en
Pages : 422

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Book Description

University of Pennsylvania Law Review and American Law Register

University of Pennsylvania Law Review and American Law Register PDF Author:
Publisher:
ISBN:
Category : Electronic journal.s
Languages : en
Pages : 422

Get Book Here

Book Description


The Influence of American Theories on Judicial Review in Nordic Constitutional Law

The Influence of American Theories on Judicial Review in Nordic Constitutional Law PDF Author: Ragnhildur Helgadóttir
Publisher: BRILL
ISBN: 9047417364
Category : Law
Languages : en
Pages : 296

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Book Description
Courts of some Nordic countries started reviewing the constitutionality of legislation long before judicial review was established elsewhere in Europe. This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades. The author then shows how the changes that took place in American constitutional jurisprudence in the 1930s and 1940s influenced Nordic constitutional theory and constitutional jurisprudence. These changes received significant attention in Nordic legal circles and the study examines how these changes, as well as the American and Nordic theory that built on them, influenced Nordic jurisprudence. Finally, it is argued that American influence in this area of law changed after 1965. Direct references to and discussions of American law almost disappeared from Nordic jurisprudence. American constitutional law was, however, an important influence on the case-law of the European Court of Human Rights, which importance increased in this period. The European Convention of Human Rights and the Court’s decisions have in turn immensely influenced Nordic constitutional law.

The Global Expansion of Judicial Power

The Global Expansion of Judicial Power PDF Author: C Neal Tate
Publisher: NYU Press
ISBN: 0814770061
Category : Political Science
Languages : en
Pages : 482

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Book Description
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

Boston University Law Review

Boston University Law Review PDF Author: Boston University. School of Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 318

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Constitutionalism and Rights

Constitutionalism and Rights PDF Author: Louis Henkin
Publisher: Columbia University Press
ISBN: 9780231065702
Category : Law
Languages : en
Pages : 484

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Book Description
Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.

Introduction to Public Law

Introduction to Public Law PDF Author: Elisabeth Zoller
Publisher: Martinus Nijhoff Publishers
ISBN: 9047440471
Category : Law
Languages : en
Pages : 304

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Book Description
Introduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.

L'Union européenne et les Etats-Unis / The European Union and the United States

L'Union européenne et les Etats-Unis / The European Union and the United States PDF Author: Yann Echinard
Publisher: Primento
ISBN: 2804456196
Category : Law
Languages : en
Pages : 303

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Book Description
Les contributions regroupées dans cet ouvrage visent à comprendre les relations et influences à travers le temps entre l’Europe et les États-Unis. S’il existe des différences importantes entre le modèle de société américain et européen, si à certains moments de notre histoire, même récente, des divergences sont apparues, il est essentiel de rappeler les multiples convergences entre ces deux continents. Le couple euro-américain n’est pas un mythe et les évolutions géopolitique et géoéconomique futures ne devraient que l’inciter à approfondir et à intensifier les relations transatlantiques. Outre l’importance de l’objet d’étude traité, cet ouvrage produit une analyse pluridisciplinaire essentielle à la compréhension du sujet et s’appuie sur des auteurs ayant un regard multiculturel. The contributions gathered in this volume seek to understand the relations and influences across time between Europe and the United States. If there are significant differences between the model of American and European society, if at some point in our history, even recent, some divergences emerged, it is important to remember the numerous similarities between these two continents. Euro-American couple is not a myth and the future geopolitical and geo-economic developments should encourage them to deepen and strengthen transatlantic relations. Besides the importance of the treated study topic, this work supplies a multidisciplinary analysis, essential to the understanding of the subject and is based on authors having a multicultural view.

Kelsenian Legal Science and the Nature of Law

Kelsenian Legal Science and the Nature of Law PDF Author: Peter Langford
Publisher: Springer
ISBN: 3319518178
Category : Law
Languages : en
Pages : 320

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Book Description
This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

American Legal Education Abroad

American Legal Education Abroad PDF Author: Susan Bartie
Publisher: NYU Press
ISBN: 1479803588
Category : Law
Languages : en
Pages : 421

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Book Description
A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

Administrative Justice Fin de Siècle

Administrative Justice Fin de Siècle PDF Author: Giacinto della Cananea
Publisher: Oxford University Press, USA
ISBN: 0198867565
Category : Law
Languages : en
Pages : 353

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Book Description
Administrative law permeates all area of law, and this series focuses on its role both regionally and globally. This volume focuses on the historical trajectory and developmental legacies of six legal systems from 1809-1910, and how they affect the administrative laws and legal institutions in place today.