Beyond Abrogation Of Sovereign Immunity
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Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : Christopher Shortell |
Publisher | : State University of New York Press |
Total Pages | : 230 |
Release | : 2008-06-30 |
Genre | : Political Science |
ISBN | : 0791478025 |
The Supreme Court's recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine's primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell's findings challenge arguments from both proponents and opponents of state sovereign immunity.
Author | : United States. Congress. Senate. Committee on Indian Affairs (1993- ) |
Publisher | : |
Total Pages | : 746 |
Release | : 1998 |
Genre | : Federally recognized Indian tribes |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 100 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Author | : André Nollkaemper |
Publisher | : |
Total Pages | : 769 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198739745 |
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author | : Tom Ruys |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-04-30 |
Genre | : Law |
ISBN | : 110828499X |
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Author | : Michael J. Gerhardt |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199795797 |
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
Author | : Joanne Foakes |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2014 |
Genre | : History |
ISBN | : 0199640289 |
A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
Author | : Simona Grossi |
Publisher | : Aspen Publishing |
Total Pages | : 624 |
Release | : 2021-12-30 |
Genre | : Law |
ISBN | : 1543850863 |
Examples & Explanations for Constitutional Law: Individual Rights, Ninth edition, by Allan Ides, Christopher N. May, and Simona Grossi, provides a clearly written, comprehensive examination of constitutional doctrine pertaining to individual rights. This problem-oriented study guide provides students and teachers with a highly readable and accessible study of constitutional law. Both this book and its companion volume,¿Examples & Explanations for Constitutional Law: National Power and Federalism, combine detailed textual material with real-world examples and explanations that apply the relevant constitutional doctrine to specific fact patterns. The text operates as a readable and citable treatise on the topics covered, and the examples and explanations serve as an elaboration on that text. Its unique, time-tested Examples & Explanations pedagogy combines clear textual material with well-written, comprehensive and up-to-date examples, explanations, and questions. A favorite among law school students, and often recommended by professors, this guide takes students through the principal doctrines of constitutional law covered in a typical course that includes a study of individual rights. New to the Ninth Edition: Inclusion of nearly 50 new Supreme Court cases Updated Examples & Explanations Expanded discussion of the freedom of association Richer treatment of the right to keep and bear arms Professors and students will benefit from: Hypotheticals similar to those presented in class, with structure and reasoning behind the corresponding analysis An alternative perspective to help you understand your casebook and in-class lectures Straightforward, informal text that is never simplistic, and quickly gets to the point in conversational style laced with humor Adaptability with all major Constitutional Law casebooks Authors with over 70 years of combined experience teaching Constitutional Law
Author | : Christina Bohannan |
Publisher | : Oxford University Press |
Total Pages | : 435 |
Release | : 2012-01-13 |
Genre | : Law |
ISBN | : 0199813493 |
Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.