Evolution of the Judicial Opinion PDF Download

Author: William D. Popkin
Publisher: NYU Press
ISBN: 0814767265
Category : Law
Languages : en
Pages : 310

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Author: William D. Popkin
Publisher: NYU Press
ISBN: 9780814767498
Category : Law
Languages : en
Pages : 301

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Book Description
In this sweeping study of the judicial opinion, William D. Popkin examines how judges' opinions have been presented from the early American Republic to the present. Throughout history, he maintains, judges have presented their opinions within political contexts that involve projecting judicial authority to the external public, yet within a professional legal culture that requires opinions to develop judicial law through particular institutional and individual judicial styles. Tracing the history of judicial opinion from its roots in English common law, Popkin documents a general shift from unofficially reported oral opinions, to semi-official reports, to the U.S. Supreme Court's adoption in the early nineteenth century of generally unanimous opinions. While this institutional base was firmly established by the twentieth century, Popkin suggests that the modern U.S. judicial opinion has reverted—in some respects—to one in which each judge expresses an individual point of view. Ultimately, he concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.

Author: Gordon Slynn Baron Slynn of Hadley
Publisher: Kluwer Law International B.V.
ISBN: 9041113789
Category : Law
Languages : en
Pages : 544

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Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.

Author: Steven G. Calabresi
Publisher: Oxford University Press
ISBN: 0190075775
Category : Law
Languages : en
Pages : 457

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"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

Author: World Bank
Publisher: BRILL
ISBN: 9004503013
Category : Business & Economics
Languages : en
Pages : 674

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Book Description
Sustainable poverty reduction and equitable economic development rest on the firm foundation of the rule of law. On the domestic front, countries must engage in legal reform in order to maximize the benefits of globalization, increase efficiency in business transactions, improve the way governments deliver essential services, and facilitate access to an effective justice system. Internationally, new rules are needed to face global threats such as money laundering, destabilizing capital movements, communicable diseases, and attacks on the environment. The first volume of The World Bank Legal Review: Law and Justice for Development is the result of the World Bank’s unique experience with legal and judicial innovations and research around the world. It will be of interest to policy makers, attorneys, international development professionals, and anyone interested in the role of law and justice in the multi-faceted struggle to relieve poverty and improve living standards in developing countries.

Author: Jan Wouters
Publisher: World Bank Publications
ISBN: 146480379X
Category : Law
Languages : en
Pages : 592

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Book Description
Voice, social contract, and accountability are discussed from the point of view of the function of law, justice, judicial systems and related areas from human rights to government policy, urban development, resource management, gender, social rights, economic reforms, governance, sustainable development and anti-corruption.

Author: Thomas Falconer
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 218

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Author: Joshua C. Tate
Publisher: Routledge
ISBN: 1351068466
Category : History
Languages : en
Pages : 212

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Book Description
This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders, constitutional experiences in global perspective, and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.

Author: Gerhard Bebr
Publisher: BRILL
ISBN: 9789024725410
Category : Law
Languages : en
Pages : 850

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Author: Various Authors
Publisher: Good Press
ISBN:
Category : Social Science
Languages : en
Pages : 391

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This edition represents history of the battle for women's rights, the complexity of the legislative process, the study on all abortion regulations and the recent controversial ruling in the United States. The goal of this book is to help people understand the judicial complexity that led to the revolutionary Roe v. Wade legislation and the most recent controversial ruling, to show the hard battle that was fought before and the struggle that lays ahead for both parties. The legality of abortion in the United States is subject to individual state laws. In 1973, Roe v. Wade made the first abortion case to be taken to the Supreme Court, which had made it federally legal. In 1992, Roe was partially overturned by Planned Parenthood v. Casey, which stated that states cannot place legal restrictions posing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus." In 2022, both Roe and Casey were overturned, and abortions are now subject to regulations based on state laws once again. Individual states can regulate and limit the use of abortion, some of which already have through the use of "trigger laws", which made abortion illegal within the first and second trimesters when Roe was overturned. Eight states—Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, West Virginia and Wisconsin—still have pre-Roe abortion bans in their laws, which may be enforced too. This reading provides a thorough overview of the federal legalisation regarding the legality of abor-tion. It presents a judicial history and legislative response of the US federal institutions. In addition this collection is enriched with information which are indispensable part of every abortion debate in the United States. Contents Abortion: Judicial History and Legislative Response Abortion At or Over 20 Weeks' Gestation (FAQ) Revolutionary Ruling: Roe v. Wade Doe v. Bolton Planned Parenthood v. Casey Women's Health Protection Act 2022 Ruling: Dobbs v. Jackson Women's Health Organization