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Author: Santi Romano
Publisher: Routledge
ISBN: 1351674382
Category : Law
Languages : en
Pages : 297
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Book Description
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author: Santi Romano
Publisher: Routledge
ISBN: 1351674382
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author: Sandra Marton
Publisher: Harlequin
ISBN: 1426841914
Category : Fiction
Languages : en
Pages : 188
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Book Description
Millionaire Joe Romano's surprise birthday gift is a live-in cook--Lucinda Barry. But the beautiful, blue-blooded blonde can't even fry an egg, so Joe instantly realizes it's all a scheme to find him a suitable wife! Joe decides to take his revenge on Lucinda and his matchmaking Italian grandmother by playing them at their own game. Surely Lucinda won't mind sharing his bed as part of her domestic duties?
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Author: Michael K. Romano
Publisher: Routledge
ISBN: 0429867867
Category : Political Science
Languages : en
Pages : 184
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Book Description
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Author: Ginsberg, Martin, Kelley
Publisher: Wolters Kluwer
ISBN: 0735575525
Category :
Languages : en
Pages : 3720
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Book Description
Author: Cook
Publisher: Wolters Kluwer
ISBN: 1454843632
Category : Law
Languages : en
Pages : 1574
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Book Description
Every step in the business bankruptcy litigation process is covered in Aspen Publishers' Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtor's non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts "executory" for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiff's later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the country's top bankruptcy litigators to contribute to Bankruptcy Litigation Manual.
Author: Mariano Croce
Publisher: Routledge
ISBN: 1136220666
Category : Law
Languages : en
Pages : 248
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Book Description
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Author: By Michael L. Cook
Publisher: Wolters Kluwer
ISBN: 1454856556
Category : Law
Languages : en
Pages : 1588
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Book Description
Every step in the business bankruptcy litigation process is covered in Aspen Publishersand’ Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtorand’s non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts and“executoryand” for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiffand’s later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth and& Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the countryand’s top bankruptcy litigators to contribute to Bankruptcy Litigation Manual. Contributing Authors: Jay Alix, Southfield, MI Neal Batson, Alston and& Bird, LLP, Atlanta, GA Kenneth K. Bezozo, Haynes and Boone, New York, NY Susan Block-Lieb, Fordham University School of Law, Newark, NJ Peter W. Clapp, Valle Makoff, LLP, San Francisco, CA Dennis J. Connolly, Alston and& Bird, LLP, Atlanta, GA David N. Crapo, Gibbons P.C., Newark, NJ Karen A. Giannelli, Gibbons P.C., Newark, NJ David M. Hillman, Schulte Roth and& Zabel, LLP, New York, NY Alfred S. Lurey, Kilpatrick and& Stockton, Atlanta, GA Gerald Munitz, Butler Rubin, Salterelli and& Boyd, LLP, Chicago, IL Robert L. Ordin, Retired Bankruptcy Court Judge Stephen M. Pezanosky, Haynes and Boone, LLP, Partner and Chair of Bankruptcy Section, Fort Worth, TX Robin E. Phelan, Haynes and Boone, LLP Dallas, TX Daniel H. Squire, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC Michael L. Temin, Fox Rothschild, LLP, Philadelphia, PA Sheldon S. Toll, Law Office ofSheldon S. Toll, Southfield, MI Jason H. Watson, Alston and& Bird, LLP, Atlanta, GA Kit Weitnauer, Alston and& Bird, LLP, Atlanta, GA Written by Mr. Cook and nineteen other experts, Bankruptcy Litigation Manual provides authoritative, up-to-date information on virtually every aspect of the bankruptcy litigation process, from discovery through appeal.
Author: California (State).
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 88
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Book Description
Court of Appeal Case(s): C001721
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1174
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Book Description
