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Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


Conclusion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law Politics and Diplomacy

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0009
Subject:
Political Science, International Relations and Politics

This chapter presents a synthesis of the discussions in this volume. The establishment of the International Criminal Tribunal for the Former Yugoslavia was part of a wider trend towards ... More


A Political Scientist's Perspective

Gavin Drewry

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0031
Subject:
Law, Legal History

This chapter considers the judicial functions of the House of Lords from a political science perspective. Specifically, it takes a general look at UK political scientists' interest in ‘legal’ aspects ... More


The Army

Stuart Anderson

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0013
Subject:
Law, Legal History

This chapter considers the governance of the army in the 19th century. In law the army was the king's, or queen's. Politically it had for long been controlled by ministers whose responsibilities had ... More


Pathways of Democratic Legitimacy

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0004
Subject:
Law, Public International Law, Comparative Law

This chapter applies insights of a public law theory to the law and practice of international adjudication. It takes up many aspects of current debates. Given the importance of democratic ... More


The Practice of Justice

Robin Briggs

in The Witches of Lorraine

Published in print:
2007
Published Online:
January 2008
ISBN:
9780198225829
eISBN:
9780191708947
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198225829.003.0004
Subject:
History, European Modern History

This chapter discusses the judicial process in Lorraine. Topics covered include legal procedures and structures, statistics on the pattern of persecution, and torture and its effects. The lack of ... More


Evaluating the Process

Lawrence S. Wrightsman

in The Psychology of the Supreme Court

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195306040
eISBN:
9780199894093
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306040.003.0011
Subject:
Psychology, Forensic Psychology

This final chapter addresses the question: Does the Supreme Court “work?” This term “work” covers a variety of aspects: the selection process by which justices are nominated and confirmed, the ... More


Free Speech and the Judicial Process

ERIC BARENDT

in Freedom of Speech

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225811
eISBN:
9780191714139
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225811.003.0009
Subject:
Law, Human Rights and Immigration

Powerful private institutions, such as the press and other media, should respect fundamental constitutional rights such as the right to a fair trial, a perspective which may require the courts to ... More


Law and Morality

Henry Sidgwick

in Essays on Ethics and Method

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198250234
eISBN:
9780191598432
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198250231.003.0007
Subject:
Philosophy, Moral Philosophy

In this chapter, first published in The Elements of Politics, Sidgwick outlines his conception of positive morality, that is, the commonsense morality generally accepted within a society. He then ... More


The View from the Trenches of the Justice-of-the-Peace Courts

Kathryn Hendley

in Everyday Law in Russia

Published in print:
2016
Published Online:
May 2017
ISBN:
9781501705243
eISBN:
9781501708107
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501705243.003.0006
Subject:
Law, Public International Law

This chapter examines how litigants experience Russia's justice-of-the-peace courts (JP courts). The views of judges are unlikely to mirror those of litigants. For judges, the judicial process ... More


Summary Observations and Speculations: General and Particular

K. J. M. Smith

in Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198257233
eISBN:
9780191681738
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257233.003.0012
Subject:
Law, Criminal Law and Criminology

Looking across the century and a half of conceptual developments in the criminal law, what broad conclusions can be hazarded as to the nature and processes of change? More particularly, what were the ... More


Everyday Law in Russia

Kathryn Hendley

Published in print:
2016
Published Online:
May 2017
ISBN:
9781501705243
eISBN:
9781501708107
Item type:
book
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501705243.001.0001
Subject:
Law, Public International Law

This book challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of ... More


Conclusions

Thomas E. Carbonneau

in Toward a New Federal Law on Arbitration

Published in print:
2014
Published Online:
December 2014
ISBN:
9780199965519
eISBN:
9780199366927
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965519.003.0007
Subject:
Law, Public International Law

The U.S. Supreme Court has rebuilt the U.S. law of arbitration through its interpretation of the Federal Arbitration Act (FAA). In effect, the Court took the place of Congress and rewrote the initial ... More


Secrecy and Commercial Litigation

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198252580
eISBN:
9780191681387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252580.003.0006
Subject:
Law, Criminal Law and Criminology

The issue of open justice in the commercial environment does not provoke the passionate debate that is encountered in other areas of law. The question of secrecy and the judicial process is, ... More


Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

James M. Denham

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813060491
eISBN:
9780813050638
Item type:
book
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813060491.001.0001
Subject:
History, American History: 20th Century

This book is a narrative history of the operations of the U.S. Middle District Court of Florida from its founding in 1962 to the present. The book sets the court in the social, economic, and ... More


Jan Hus in History, Heresy, and Court

Thomas A. Fudge

in The Trial of Jan Hus: Medieval Heresy and Criminal Procedure

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199988082
eISBN:
9780199346288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199988082.003.0001
Subject:
Religion, History of Christianity

Chapter one addresses the “Hus question.” Hus is introduced as an historical character, with the broad contours of the historiography presented. The chapter creates a portrait of what that process ... More


Comparative Legal Methodology of the <i>Conseil d’Etat</i>: Towards an Innovative Judicial Process?

Aurélie Bretonneau, Samuel Dahan, and Duncan Fairgrieve

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0014
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter examines ‘how’ and ‘why’ comparative law developed at the Conseil d’Etat. It shows that the growing use of comparative law does not depend solely on subjective factors such as the ... More


This Garden is Open to the Public: Public Interest Litigation

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0035
Subject:
Law, Constitutional and Administrative Law

Public interest litigation is a new device by which access to justice was assured even to those who by reason of their poverty, illiteracy, or inability otherwise were denied the same earlier. In ... More


Abdicated Legacy: The Prosecution’s Use of Evidence from Milošević

Florence Hartmann

in The Milošević Trial: An Autopsy

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199795840
eISBN:
9780199345274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795840.003.0033
Subject:
Law, Public International Law, Criminal Law and Criminology

Since Miloševićs death, several new trials associated with his regime have begun at the ICTY. They involve principal members of Serbia's or the FRY's state apparatus engaged in the same JCE alleged ... More


The Legal Bases of Jurisdiction

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0052
Subject:
Law, Public International Law

Jurisdiction is concerned with the allocation of competences between states. There is need for a theoretical understanding of jurisdiction that allows a clear sight of how all these aspects — and ... More


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