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Locating Legality

Amanda K. Baumle and D’Lane R. Compton

in Legalizing LGBT Families: How the Law Shapes Parenthood

Published in print:
2015
Published Online:
September 2016
ISBN:
9781479857647
eISBN:
9781479879656
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479857647.003.0004
Subject:
Sociology, Marriage and the Family

In order to more closely examine the process of constructing legality for LGBT parents, the authors highlight sources of legal information in this chapter. An important aspect to understanding LGBT ... More


The Basic Context of Civil Law

Uwe Kischel

in Comparative Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198791355
eISBN:
9780191833830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791355.003.0006
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter looks at civil law. Civil law is the counterpart and the typical object of comparison to the common law. The distinction between these two legal families is one of the few on which ... More


Separation of Powers in a Global Context

Martin S. Flaherty

in Judges, Transition, and Human Rights

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199204939
eISBN:
9780191695599
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204939.003.0002
Subject:
Law, Human Rights and Immigration

This chapter looks at the global context of the separation of powers. It attempts to answer the question whether the institutional form of globalization sustains or undermines the fundamental ... More


England and Wales

Michal Bobek

in Comparative Reasoning in European Supreme Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199680382
eISBN:
9780191760280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680382.003.0006
Subject:
Law, Constitutional and Administrative Law, Comparative Law

In this chapter, the theory and the practice of comparative reasoning in the English courts is examined. In spite of the English system being for a number of reasons ideally placed to receive ... More


The Impact of the Court of Justice of the European Union on Tunisian Judges: Quo Vadis?

Béligh Elbalti

in The Impact of the European Court of Justice on Neighbouring Countries

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198855934
eISBN:
9780191889554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198855934.003.0014
Subject:
Law, EU Law

This chapter examines the question whether the Court of Justice of the European Union (CJEU) has exercised an influence on Tunisian judges and the extent of that influence. After explaining the ... More


The King’s Two Bodies

Robert E. Lerner

in Ernst Kantorowicz: A Life

Published in print:
2018
Published Online:
January 2019
ISBN:
9780691183022
eISBN:
9781400882922
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691183022.003.0025
Subject:
History, American History: 20th Century

This chapter focuses on Ernst Kantorowicz's masterpiece, The King's Two Bodies. The composition of The King's Two Bodies extended from 1945 to 1955, a time when Kantorowicz was at the peak of his ... More


Case Law

Eva Steiner

in French Law: A Comparative Approach

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.003.0004
Subject:
Law, Comparative Law

This chapter investigates the rules concerning precedents and how they work in practice, especially in their relationship to legislation. In French constitutional theory, precedents do not form part ... More


Conclusion

Kent Greenawalt

in Realms of Legal Interpretation: Core Elements and Critical Variations

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190882860
eISBN:
9780190902346
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882860.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This concluding chapter argues that although what the law requires is often obvious, when it comes down to difficult cases, there are no simple and straightforward ways that judges do decide, and ... More


A Triple Braid: Interactions between International Law, EU Law, and Private Law

Marise Cremona

in Private Law in the External Relations of the EU

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198744566
eISBN:
9780191805868
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198744566.003.0003
Subject:
Law, EU Law, Public International Law

This chapter traces the interlocking relations which are at the heart of this book: between the EU, its Member States, and international legal regimes, and between EU private law (both traditional ... More


Foreign Law and the Constitution

Julian Ku and John Yoo

in Taming Globalization: International Law, the U.S. Constitution, and the New World Order

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199837427
eISBN:
9780190260019
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199837427.003.0008
Subject:
Law, Public International Law

This chapter explores the increased role of international legal sources in guiding the Supreme Court in interpreting the Constitution. Due to globalization, national legal systems tend to communicate ... More


Administrative Procedure and Judicial Review in Austria: Stefan Storr

Stefan Storr

in Judicial Review of Administration in Europe

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198867609
eISBN:
9780191904370
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867609.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter discusses administrative procedure and judicial review in Austria. In Austria, there exists a principle of the 'exclusivity of legal sources'. Legal protection is only possible against ... More


Introduction

Joseph D. Kearney and Thomas W. Merrill

in Lakefront: Public Trust and Private Rights in Chicago

Published in print:
2021
Published Online:
September 2021
ISBN:
9781501754654
eISBN:
9781501754661
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501754654.003.0001
Subject:
History, American History: 20th Century

This chapter seeks to explain how Chicago came to have such a beautiful, well-tended, and publicly accessible lakefront — the city's most treasured asset. It discusses the exploration of legal ... More


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