Taking Exception to the Law

Taking Exception to the Law

Author: Donald Beecher

Publisher: University of Toronto Press

Published:

Total Pages: 326

ISBN-13: 1442642017

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Book Synopsis Taking Exception to the Law by : Donald Beecher

Download or read book Taking Exception to the Law written by Donald Beecher and published by University of Toronto Press. This book was released on with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 313

ISBN-13: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.


Book Synopsis The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by : Zena Prodromou

Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.


Enactment of a Law

Enactment of a Law

Author: United States. Congress. Senate

Publisher:

Published: 1953

Total Pages: 18

ISBN-13:

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Book Synopsis Enactment of a Law by : United States. Congress. Senate

Download or read book Enactment of a Law written by United States. Congress. Senate and published by . This book was released on 1953 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Copyright Law in an Age of Limitations and Exceptions

Copyright Law in an Age of Limitations and Exceptions

Author: Ruth L. Okediji

Publisher: Cambridge University Press

Published: 2017-03-30

Total Pages: 543

ISBN-13: 1107132371

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In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.


Book Synopsis Copyright Law in an Age of Limitations and Exceptions by : Ruth L. Okediji

Download or read book Copyright Law in an Age of Limitations and Exceptions written by Ruth L. Okediji and published by Cambridge University Press. This book was released on 2017-03-30 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.


States of Exception

States of Exception

Author: Cosmin Cercel

Publisher: Routledge

Published: 2020-07-22

Total Pages: 277

ISBN-13: 042966379X

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This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.


Book Synopsis States of Exception by : Cosmin Cercel

Download or read book States of Exception written by Cosmin Cercel and published by Routledge. This book was released on 2020-07-22 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts – including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Taking Exception to the Law

Taking Exception to the Law

Author: Donald Beecher

Publisher: University of Toronto Press

Published: 2015-02-05

Total Pages: 288

ISBN-13: 1442616857

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Taking Exception to the Law explores how a range of early modern English writings responded to injustices perpetrated by legal procedures, discourses, and institutions. From canonical poems and plays to crime pamphlets and educational treatises, the essays engage with the relevance and wide appeal of legal questions in order to understand how literature operated in the early modern period. Justice in its many forms – legal, poetic, divine, natural, and customary – is examined through insightful and innovative analyses of a number of texts, including The Merchant of Venice, The Faerie Queene, and Paradise Lost. A major contribution to the growing field of law and literature, this collection offers cultural contexts, interpretive insights, and formal implications for the entire field of English Renaissance culture.


Book Synopsis Taking Exception to the Law by : Donald Beecher

Download or read book Taking Exception to the Law written by Donald Beecher and published by University of Toronto Press. This book was released on 2015-02-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking Exception to the Law explores how a range of early modern English writings responded to injustices perpetrated by legal procedures, discourses, and institutions. From canonical poems and plays to crime pamphlets and educational treatises, the essays engage with the relevance and wide appeal of legal questions in order to understand how literature operated in the early modern period. Justice in its many forms – legal, poetic, divine, natural, and customary – is examined through insightful and innovative analyses of a number of texts, including The Merchant of Venice, The Faerie Queene, and Paradise Lost. A major contribution to the growing field of law and literature, this collection offers cultural contexts, interpretive insights, and formal implications for the entire field of English Renaissance culture.


Code of Federal Regulations, Title 12, Banks and Banking, PT. 300-499, Revised as of January 1, 2010

Code of Federal Regulations, Title 12, Banks and Banking, PT. 300-499, Revised as of January 1, 2010

Author: Office of the Federal Register (U S )

Publisher: Government Printing Office

Published: 2010-04

Total Pages: 776

ISBN-13: 9780160847790

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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the United States Federal Government.


Book Synopsis Code of Federal Regulations, Title 12, Banks and Banking, PT. 300-499, Revised as of January 1, 2010 by : Office of the Federal Register (U S )

Download or read book Code of Federal Regulations, Title 12, Banks and Banking, PT. 300-499, Revised as of January 1, 2010 written by Office of the Federal Register (U S ) and published by Government Printing Office. This book was released on 2010-04 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the United States Federal Government.


The Parody Exception in Copyright Law

The Parody Exception in Copyright Law

Author: Sabine Jacques

Publisher: Oxford University Press

Published: 2019-03-07

Total Pages: 280

ISBN-13: 0192529978

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Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.


Book Synopsis The Parody Exception in Copyright Law by : Sabine Jacques

Download or read book The Parody Exception in Copyright Law written by Sabine Jacques and published by Oxford University Press. This book was released on 2019-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.


Taking Rights Seriously

Taking Rights Seriously

Author: Ronald Dworkin

Publisher: A&C Black

Published: 2013-06-27

Total Pages: 457

ISBN-13: 1780937563

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A forceful and landmark defence of individual rights, Taking Rights Seriously is one of the most important political philosophical works of the last 50 years.


Book Synopsis Taking Rights Seriously by : Ronald Dworkin

Download or read book Taking Rights Seriously written by Ronald Dworkin and published by A&C Black. This book was released on 2013-06-27 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A forceful and landmark defence of individual rights, Taking Rights Seriously is one of the most important political philosophical works of the last 50 years.