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Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Amalia D. Kessler

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.001.0001
Subject:
Law, Legal History

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ... More


Contesting the Night

Phil Hadfield

in Bar Wars: Contesting the Night in Contemporary British Cities

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199297856
eISBN:
9780191700866
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297856.003.0009
Subject:
Law, Criminal Law and Criminology

This final chapter draws together and extends the book's main arguments concerning both the policing and control of urban spaces and the nature of the regulatory processes which govern the night-time ... More


The Rosa Luxemburg Trials of 1914 and the Emergence of the Ideal Type of the Weimar Party Lawyer

Grunwald Henning

in Courtroom to Revolutionary Stage: Performance and Ideology in Weimar Political Trials

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199609048
eISBN:
9780191744280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199609048.003.0002
Subject:
History, European Modern History, Political History

This chapter introduces the reader to the German legal system through a short history of advocacy, focused on the transition of barristers from civil service to free profession. Under competitive ... More


A Model Distinction in a Model Setting

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0003
Subject:
Law, Comparative Law, Legal History

The model setting or context for a working distinction between public and private law is characterized by its theory of the state, its approach to law, and its judicial institutions and procedures. ... More


The Limits of Adversarial Adjudication

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0009
Subject:
Law, Comparative Law, Legal History

Inquisitorial or investigative judicial procedures are the procedural requirement in this book's model (or ideal type) of a working distinction between public and private law. This chapter elaborates ... More


The European Model

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0010
Subject:
Law, Competition Law

This chapter analyzes the “European Model” from the vantage point of the European Commission and European courts. It also looks at their relationship with Member State institutions. The chapter pays ... More


Ending Marriage by Judicial Divorce under the Matrimonial Causes Act 1857

Stephen Cretney

in Family Law in the Twentieth Century: A History

Published in print:
2005
Published Online:
February 2010
ISBN:
9780199280919
eISBN:
9780191713170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280919.003.0005
Subject:
Law, Family Law, Legal History

Divorce first became available in the ordinary courts as a result of highly controversial legislation passed in mid-Victorian times. The 1837 Matrimonial Causes Act was intended to promote respect ... More


The Procedural Contrast

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0010
Subject:
Law, Comparative Law, Legal History

The French investigative procedural tradition developed around Roman–Canonical procedure. This chapter describes its development and that of the Conseil d'Etat's expressly inquisitorial judicial ... More


Introduction

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0001
Subject:
Law, Legal History

The Introduction outlines the book’s argument, structure, and source base. It provides an overview of the distinction between the adversarial and inquisitorial models of procedure. So too, it ... More


Procedural Structure and Features of International Criminal Justice: Lessons from the ICTY

Albin Eser

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

When people speculate over international criminal tribunals as a success or a failure, the answer very much depends on what one expected. Therefore, the first question to be clarified must be the ... More


The “Natural Elevation” of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0002
Subject:
Law, Legal History

Chapter 1 explores the reasons why equity took root in American soil despite the long-standing suspicion, dating primarily from the seventeenth-century English Revolution and exacerbated by the ... More


A Troubled Inheritance: The English Procedural Tradition and Its Lawyer-Driven Reconfiguration in Early Nineteenth-Century New York

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0003
Subject:
Law, Legal History

Chapter 2 examines New York Chancery, the leading court of equity in the early United States. It argues that as of about 1800, chancery largely followed English equity’s model of quasi-inquisitorial ... More


Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity’s Quasi-Inquisitorial Tradition

Amalia D. Kessler

in Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.003.0005
Subject:
Law, Legal History

Chapter 4 inquires into lawyers’ motivations for embracing oral, adversarial procedure. It notes that lawyers had strategic interests for preferring adversarialism, and most especially, ... More


Introduction

Yair Mintzker

in The Many Deaths of Jew Süss: The Notorious Trial and Execution of an Eighteenth-Century Court Jew

Published in print:
2017
Published Online:
May 2018
ISBN:
9780691172323
eISBN:
9781400887804
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691172323.003.0001
Subject:
History, History of Religion

This introductory chapter discusses how the historical figure of Joseph Süss Oppenheimer—also known as Jew Süss—is incredibly elusive, and any understanding of him must begin with the political and ... More


The Makings of the Modern Self

John D. Caputo

in On Becoming God: Late Medieval Mysticism and the Modern Western Self

Published in print:
2012
Published Online:
May 2013
ISBN:
9780823239924
eISBN:
9780823239962
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823239924.003.0008
Subject:
Philosophy, Philosophy of Religion

The chapter traces the reaction of Heinrich Seuse to the condemnation of Meister Eckhart's teachings as heretical in 1329. Inquisitorial procedure as it developed after 1215 is presented, showing the ... More


Trials and Bargains

Richard Adelstein

in The Exchange Order: Property and Liability as an Economic System

Published in print:
2017
Published Online:
September 2017
ISBN:
9780190694272
eISBN:
9780190694302
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190694272.003.0011
Subject:
Economics and Finance, Economic Systems

Almost every criminal conviction in the United States is achieved by guilty plea, and the system of plea bargaining that creates this outcome is closely examined in this chapter and briefly compared ... More


Trial at the Council of Constance

Thomas A. Fudge

in Jerome of Prague and the Foundations of the Hussite Movement

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190498849
eISBN:
9780190498863
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190498849.003.0007
Subject:
Religion, History of Christianity

The Council of Constance was the largest and most magnificent of all medieval assemblies. Jerome was brought to formal trial here before all of Christendom where he was tried according to ... More


Heretic and Hero at the Stake

Thomas A. Fudge

in Jerome of Prague and the Foundations of the Hussite Movement

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190498849
eISBN:
9780190498863
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190498849.003.0009
Subject:
Religion, History of Christianity

When the trial of Jerome resumed after a brief intermission, it was quite clear that the defendant would not retreat from his convictions. The customary “general sermon,” which featured in all heresy ... More


The Defendant’s Plea of Innocent in Sexual Abuse Cases

Tim Bakken

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0020
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

To counteract the danger of conviction on grounds of a complainant’s/witness’s false, or honest, but mistaken, testimony, adversarial systems might adopt a plea of ‘innocent’, whereby accused persons ... More


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