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Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Aida Torres Pérez

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.001.0001
Subject:
Law, EU Law

This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, ... More


The Free Movement of Goods

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.003.0003
Subject:
Political Science, European Union

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ... More


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

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.003.0006
Subject:
Political Science, European Union

The conclusion addresses certain major features of the overall course of European integration in light of the book's priorities and findings, indicating that the book has pursued two main objectives: ... More


Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Conclusion

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0010
Subject:
Law, Public International Law

This concluding chapter notes that the book has asked whether international courts, in interpreting and applying their powers over procedure and remedies, have considered and sought to adopt the ... More


Path Dependence, Precedent, and Judicial Power

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0004
Subject:
Political Science, Comparative Politics

This paper is the first part of a much longer version (co-authored by Maragaret McCown) that was presented at the Colloquium on Law, Economics, and Politics, at the Law School, New York University, ... More


Vagueness in Law

Timothy A. O. Endicott

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198268406
eISBN:
9780191714795
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268406.001.0001
Subject:
Law, Law of Obligations, Philosophy of Law

Vagueness leads to indeterminacies in the application of the law in many cases. This book responds to the challenges that those indeterminacies pose to a theory of law and adjudication. The book puts ... More


“Public” and Hybrid Regulatory Solutions

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0012
Subject:
Law, Company and Commercial Law

This chapter considers “public” and hybrid regulatory solutions for boilerplate. It first examines the U.S. preference for private, market solutions, with particular emphasis on its tendency to ... More


Oxford Studies in Philosophy of Law: Volume 1

Leslie Green and Brian Leiter (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.001.0001
Subject:
Philosophy, Moral Philosophy

This work is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general ... More


A Matter of Dispute: Morality, Democracy, and Law

Christopher J. Peters

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.001.0001
Subject:
Law, Philosophy of Law

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? This book offers an ... More


The European Court of Human Rights between Law and Politics

Jonas Christoffersen and Mikael Rask Madsen (eds)

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book provides the first comprehensive analysis of the rise and subsequent development of one of the most striking supranational judicial institutions ever created. The book brings together ... More


Paradox of Proof

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0006
Subject:
Economics and Finance, Economic History

This chapter explores the “paradox of proof.” This paradox grows out of the interplay of two starting points: deeming agreement to require more than demonstration of successful interdependence—such ... More


Additional Considerations

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0015
Subject:
Economics and Finance, Economic History

This chapter addresses two additional subjects. Institutional issues, which influence the cost and accuracy of investigation and adjudication, are important in fashioning competition rules. Here, the ... More


Judges as Members of Small Groups

Wendy L. Martinek

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0005
Subject:
Psychology, Forensic Psychology

Virtually all appellate courts use groups of judges to decide cases. Accordingly, small group theory is a useful perspective for investigating appellate court decision making. In particular, ... More


Features of Judicial Reasoning

Emily Sherwin

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0008
Subject:
Psychology, Forensic Psychology

Judges confront rules in two ways, as rule-makers and as rule-followers. When a judge decides a case that is not governed by an existing rule, the judge must formulate a rule of decision and ... More


Dodge, Worcester, Ladd, and Burritt: Christianity, Courts, and World Peace

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0004
Subject:
Law, Public International Law, Legal History

This chapter shows how the international courts of today are the offspring of 19th-century American utopians, religious enthusiasts by and large untrained in the law. These early proponents of an ... More


Introduction

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0001
Subject:
Political Science, International Relations and Politics

This book examines why democratic institutions for accountability encourage use of adjudication to resolve trade disputes. It argues that governments file a formal legal complaint for World Trade ... More


Domestic Constraints and Active Enforcement

Christina L. Davis

in Why Adjudicate?: Enforcing Trade Rules in the WTO

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152752
eISBN:
9781400842513
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152752.003.0002
Subject:
Political Science, International Relations and Politics

This chapter examines the role of courts in the ability of democratic politicians to support international commitments. Taking a closer look at the domestic political origins of trade disputes is ... More


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