Public Interest Law Around The World
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| Author | : Burton A. Weisbrod |
| Publisher | : Univ of California Press |
| Total Pages | : 592 |
| Release | : 2023-07-28 |
| Genre | : Law |
| ISBN | : 0520310802 |
What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
| Author | : Mary E. McClymont |
| Publisher | : |
| Total Pages | : 384 |
| Release | : 2000 |
| Genre | : Business & Economics |
| ISBN | : |
This book attempts to convey some of the challenges that those wielding the law for social change purposes have faced and the successes they have achieved. By intention, it is more a studied appreciation than a critical analysis of their efforts. We asked an international team of consultants to help us document and describe how various law-based strategies have worked in very different settings, to draw out connections between those efforts, and to highlight some of the insights that emerge from grantees' experiences in law-related work. We also asked them to help us learn more about the ways the Foundation has played a role in these efforts. Known as the Global Law Programs Learning Initiative (GLPLI), this effort is not definitive, but rather suggestive. Our goal is to contribute to more serious future reflection and, ultimately, more effective programs in this field.
| Author | : Andreas Kulick |
| Publisher | : Cambridge University Press |
| Total Pages | : 412 |
| Release | : 2012-07-12 |
| Genre | : Law |
| ISBN | : 1139510886 |
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
| Author | : Thomas Hutchins |
| Publisher | : |
| Total Pages | : 196 |
| Release | : 1992 |
| Genre | : Citizen suits (Civil procedure) |
| ISBN | : |
| Author | : Alan K. Chen |
| Publisher | : Aspen Publishing |
| Total Pages | : 915 |
| Release | : 2014-12-09 |
| Genre | : Law |
| ISBN | : 1454818883 |
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
| Author | : Julius L. Chambers |
| Publisher | : |
| Total Pages | : |
| Release | : 1992 |
| Genre | : |
| ISBN | : |
| Author | : Teruo Komori |
| Publisher | : Routledge |
| Total Pages | : 510 |
| Release | : 2016-04-15 |
| Genre | : Law |
| ISBN | : 1317073665 |
This book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
| Author | : Lee Epstein |
| Publisher | : Routledge |
| Total Pages | : 168 |
| Release | : 2021-03-19 |
| Genre | : Law |
| ISBN | : 1317942779 |
This volume convincingly lays to rest two held beliefs that have long impeded scholarly analysis of the role of courts and litigation in American politics: 1) that group resort to the courts is a rather recent phenomenon resulting from actions of the Warren Court and the Civil Rights Movement; and 2) that unique and distinctive features of the judiciary somehow place it beyond or outside analytic frameworks used to study and analyze the role, nature and functioning of other governing institutions such as the Congress and the presidency. The title of the volume ~ Public Interest Law Sourcebook -- accurately describes its central purpose and method as descriptive and informative.
| Author | : Louise G. Trubek |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
This article discusses the history and current status of public interest law. It examines the seminal work of the 1970s that established public interest law and contrasts the early period with the complexities and challenges today. It opens with a discussion of the key aspects of enterprise in the 1970s: creation of a new institutional form, the new role of public interest lawyer, the business plan for financing the firms and the economic, institutional regulatory justification. That the project has succeeded and public interest law has become a permanent part of the U.S. legal system. Looking at where we are today however there are two unfinished projects: inequality in society and the limits of the regulatory process. Lawyers today are redesigning the 1970s concepts to meet the challenges. They are engaging in collaborative practices, utilizing new roles as collaborators and facilitators, locating additional compensation and participating in public interest endeavors around the world.
| Author | : Justine Bendel |
| Publisher | : Taylor & Francis |
| Total Pages | : 282 |
| Release | : 2023-09-25 |
| Genre | : Law |
| ISBN | : 1000953602 |
In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future
