Despite its recent efforts at negotiation, the US traditionally has been more confrontational in its approach to Iran than European countries, which have urged closer ties with Tehran. In 2002, scholar Robert Kagan argued that the dove-hawk divide was a function of a disparity in military might: Because the US remained a great power even as European defense budgets shrank, it was more likely to flex its muscles. However, new research indicates that a better predictor lies in an unlikely place: domestic courts and prisons. A study by Amsterdam-based political scientists Wolfgang Wagner and Michal Onderco found that how countries treat criminals at home helps predict how they will deal with 'deviance' on the global stage -- particularly by so-called rogue states. Wagner and Onderco argue that it is a matter of cultural norms transferring across arenas. Realizing that, for other states, there's a different mindset -- this could contribute to some better understanding among the Western states of how each approaches international bad guys, Wagner notes. Adapted from the source document.
Frontmatter -- Contents -- Preface -- Acknowledgments -- List of Acronyms -- 1. Worldwide Environmental Quality and the Role of Law -- 2. Law Trying to Save the Earth: Strategies, Institutions, Organizations -- 3. Law's Targets:Whose Behavior Needs to Be Influenced? -- 4. An Accounting: Successes and Failures in International Environmental Law -- 5. International Environmental Law: Expectations and Recommendations -- Notes -- Bibliography -- General Index -- Author Index -- Conventions Index -- Case Index
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This ambitious new casebook makes clear to students that recent developments present the tort system with an array of complex issues beyond the nuts and bolts of accident law. Authors John Goldberg, Anthony Sebok, and Benjamin Zipursky combine their expertise in tort law to provide a casebook For The next generation of torts professors. Here's what makes Tort Law: Responsibilities and Redress an exciting and original entrant into the field: Overall Presentation emphasizes themes of responsibilities and rights to sue, which permits the coherent presentation of materials while supporting analysis from various practical and theoretical perspectives Negligence, international torts, and products liability are sequenced to ensure coverage of all major topics while also permitting the instructor to select among contemporary issues, such as iquest;junk science,iquest; tobacco litigation, domestic violence and consumer fraud Clear, no-hiding-the-ball text permits in-depth analysis of substantive tort concepts while also introducing, students to related topics such as worker's compensation, liability insurance and attorney's fees Succinctly edited and up-to-date cases from state and federal courts are integrated with classics such as Carroll Towing and Palsgraf, demonstrating that tort law is a dynamic subject, continually responding to social, political, and economic developments Materials are especially designed to facilitate development of common law reasoning, while providing the basis for education in important statutory and administrative developments, such as the 9/11 Victims' Compensation Fund Practice questions assist students in grasping important issues Original appendices on the history of tort law and tort theory provide context For The materials in the book and permit in-depth discussion of those topics at the instructor's option the clear and carefully plotted structure of the casebook encourages both in-depth analysis of tort doctrine and engagement with pressing contemporary problems. Part I uses the famous Winterbottom-MacPherson line of decisions to introduce students to tort law and precedent-based reasoning Part II presents a detailed analysis of the elements of negligence Part III unites claims for dignitary torts with claims for emotional distress Part IV examines traditional notions of strict liability, then moves smoothly to modern product liability law Part V offers a choice of four iquest;modulesiquest; respectively addressing tobacco liability, The 9/11 Victims' Compensation Fund, tort reform, and domestic violence, permitting broad-ranging policy discussions about the contemporary relevance of tort law Tort Law: Responsibilities and Redress: Cases and Materials will help you arm your students with a sophisticated understanding of the complexity and dynamism of tort law. ; https://larc.cardozo.yu.edu/faculty-books/1084/thumbnail.jpg
Frontmatter -- Foreword -- Table of Contents -- The Transformation of Law in the Welfare State -- Legal Culture and the Welfare State -- The Rule of Law and the Promotional Function of Law in the Welfare State -- A Concept of Social Law -- Legal Subjectivity as a Precondition for the Intertwinement of Law and the Welfare State -- The Self-Reproduction of Law and its Limits -- The Rules of the Game in the Welfare State -- The Concept of Rights and the Welfare State -- Legal Discourse in the Positive State: A Post-Structuralist Account -- Law as Medium and Law as Institution -- Materialization and Proceduralization in Modern Law -- Law as Critical Discussion -- Three Types of Legal Structure: The Conditional, the Purposive and the Relational Program -- After Legal Instrumentalism? Strategie Models of Post-Regulatory Law -- Authors' Biographical Sketches -- Name Index -- Subject Index
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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Fabian Barth (Bournemouth University) has posted How Will The Revocation Bill Affect The Principle Of EU Law Conforming Construction In UK Law? on SSRN. Here is the abstract: Following prolonged political controversy, it now appears that the provisions in the...