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A Matter of Interpretation: Federal Courts and the Law (University Center for Human Values) Antonin Scalia We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. |
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Cheshire, North & Fawcett: Private International Law James Fawcett, Janeen Carruthers, Peter North The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalized Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law, a popular law school option.
It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts. |
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Conflict of Laws: Cases and Materials (University Casebook Series) Maurice Rosenberg, Peter Hay, Russell J. Weintraub, Willis L. M. Reese This casebook provides detailed information on conflict of laws. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases. |
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The Law Market Erin A. O'Hara, Larry E. Ribstein Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws.
In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations.
The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world. |
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Black Lawyers White Courts: Soul Of South African Law Kenneth S. Broun |
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Kaplan PMBR FINALS: Conflict of Laws: Core Concepts and Key Questions Kaplan PMBR Kaplan PMBR FINALS: Conflicts of Law provides substantive outlines of core Conflicts of Law concepts and capsule summary outlines. It also includes diagnostic true/false questions, multiple choice questions, and essay questions, which help students understand the black letter law of Conflicts of Law and prepare for success on their exams. |
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The Conflict of Laws C. M. V. Clarkson, Jonathan Hill This third edition of The Conflict of Laws covers topics taught on undergraduate international law courses, reflecting the profound revolution that the subject has undergone in recent decades. Focussing on basic principles and most important topics in an engaging and approachable style, this text is essential for international law students. |
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Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order (Chicago Series in Law and Society) Yves Dezalay, Bryant G. Garth In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.
Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game.
Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA.
"A fascinating book, which I strongly recommend to all those active in international commercial arbitration, as they will see the arbitral world from new and unthought of perspectives."—Jacques Werner, Journal of International Arbitration |
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Conflict of Laws Ruth Hayward, Maebh Harding Conflict of Laws, the fourth edition of Abla Mayss' Principles of Conflict of Laws, continues to provide students with a comprehensive overview of the rules of private international law in an easily accessible manner. Fully updated and revised, this edition includes lists of further reading and web addresses to facilitate a greater depth of understanding and analysis. Key issues covered in this edition include: - issues raised by e-commerce and litigation relating to internet defamation
- the provisions and impact of the Brussels I Regulation and the revised Brussels II Regulation
- conflict of laws rules as they relate to children
- changes in the context of the European Community.
Written with students in mind, each chapter provides guidance on issues which would merit further consideration, encouraging readers to reflect on what they have learnt. Well-written and up to date, this clearly-structured text is ideal for both undergraduates and postgraduates studying private international law. |
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The Competing Jurisdictions of International Courts and Tribunals Yuval Shany The proliferation of new international courts and tribunals in recent years has given rise to concerns of jurisdictional overlaps between the new and existing judicial bodies. The book examines what would happen when the same dispute falls under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions and identifies rules of law which ought to apply in such circumstances. |