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The EU Rights Revolution: Adversarial Legalism and European Integration

R. Daniel Kelemen

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0010
Subject:
Political Science, European Union

Examines the impact of EU institutional structure on individual rights litigation. Kelemen argues that EU institutions have encouraged a particular type of law and regulation, ‘adversarial legalism’, ... More


Introduction

Arad Reisberg

in Derivative Actions and Corporate Governance

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199204892
eISBN:
9780191709487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204892.003.0001
Subject:
Law, Company and Commercial Law

This monograph is concerned with one of company law's most thorny aspects: the derivative action. The derivative action is the route by which shareholders — usually minority shareholders — are able ... More


Grassroots Resistance: Property Rights and Residents' Rights

You‐tien Hsing

in The Great Urban Transformation: Politics of Land and Property in China

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199568048
eISBN:
9780191721632
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568048.003.0004
Subject:
Business and Management, Political Economy

Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private ... 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


The Economics of Lawmaking

Francesco Parisi and Vincy Fon

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195374155
eISBN:
9780199871834
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374155.001.0001
Subject:
Law, Constitutional and Administrative Law

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ... 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


Europe's No Fly Zone? Rights, Obligations, and Liberalization in Practic e

Lisa Conant

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0011
Subject:
Political Science, European Union

Conant's analysis of the air transport sector suggests how and why the European Court of Justice (ECJ) litigation strategy is not always successful for the individual claimant. In particular, the ... More


Participation, Representative Democracy, and the Courts

Rachel A. Cichowski and Alec Stone Sweet

in Democracy Transformed?: Expanding Political Opportunities in Advanced Industrial Democracies

Published in print:
2003
Published Online:
February 2006
ISBN:
9780199264995
eISBN:
9780191603259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199264996.003.0009
Subject:
Political Science, Comparative Politics

This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public ... More


Taking on Goliath: Why Personal Injury Litigation May Represent the Future of Transnational Cause Lawyering

Anne Bloom

in Cause Lawyering and the State in a Global Era

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195141177
eISBN:
9780199871391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195141172.003.0004
Subject:
Political Science, International Relations and Politics

This chapter examines the background and litigation proceedings in the case of Dow Chemical Company and Shell Oil Company versus Domingo Castro Alfaro (et al.), a case in which a Texas personal ... More


Institutionalizing the Treaty of Rome

Neil Fligstein and Alec Stone Sweet

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0002
Subject:
Political Science, European Union

The general process of institutionalization in the European Union is examined from a macro perspective, building on the theoretical materials developed in the earlier book European Integration and ... More


The Institutionalization of European Administrative Space

Martin Shapiro

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0005
Subject:
Political Science, European Union

The institutionalization of European administration space is examined through one of the least visible or understudied, but most important, outcomes of integration: the development of administrative ... More


Judicial Rulemaking and the Institutionalization of European Union Sex Equality Policy

Rachel A. Cichowski

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0006
Subject:
Political Science, European Union

An examination is made of the impact of the European Court of Justice (ECJ) on the institutional evolution of European Union sex equality policy, following the provision in the Treaty of Rome (Art. ... More


Guarding the Treaty: The Compliance Strategies of the European Commissio n

Tanja A. Börzel

in The State of the European Union, 6: Law, Politics, and Society

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199257409
eISBN:
9780191600951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019925740X.003.0009
Subject:
Political Science, European Union

Analyses the role of the European Commission as guardian of the European Treaty in ensuring compliance with EU law. The study shows that the Commission relies on four different compliance strategies, ... More


Litigation in Roman Law

Ernest Metzger

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198298557
eISBN:
9780191707520
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298557.001.0001
Subject:
Law, Comparative Law

Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ... More


Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Michael Taggart

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.001.0001
Subject:
Law, Human Rights and Immigration, Legal History

The case of The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner — in this case, Edward Pickles ... More


 A Tale of Two Liquidations: Case Studies in Chapter 7 and Chapter 11

Dr. Ben S. Branch, Hugh M. Ray, and Robin Russell

in Last Rights: Liquidating a Company

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195306989
eISBN:
9780199783762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306989.003.0004
Subject:
Economics and Finance, Financial Economics

This chapter details two real life liquidations, one under Chapter 7 and one under Chapter 11 of the United States Bankruptcy Code. The Chapter 7 case study covers the Bank of New England ... More


 Pursuing Litigation

Dr. Ben S. Branch, Hugh M. Ray, and Robin Russell

in Last Rights: Liquidating a Company

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195306989
eISBN:
9780199783762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306989.003.0008
Subject:
Economics and Finance, Financial Economics

This chapter focuses on the types of causes of action which may belong to the failed business. Lawsuits, such as actions against officers and directors for breach of their duties to the company, ... More


Concluding Remarks on Roman Litigation

ERNEST METZGER

in Litigation in Roman Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198298557
eISBN:
9780191707520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298557.003.0009
Subject:
Law, Comparative Law

This book reconstructs the rules of litigation and civil procedure in Rome during the classical period based on three sources: the Praetor's edict on vadimonium or bail, the formula used in the ... More


Prologue

MICHAEL TAGGART

in Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199256877
eISBN:
9780191719646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256877.003.0001
Subject:
Law, Human Rights and Immigration, Legal History

This book tells the story of a water dispute in Bradford, England, in the late 19th century. The dispute was finally resolved by the House of Lords in 1895, and the case — The Mayor, Aldermen and ... More


Hot ‘Patent’ Issues: Quantitative Evidence

Bruno van Pottelsberghe

in The Economics of the European Patent System: IP Policy for Innovation and Competition

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199216987
eISBN:
9780191711831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199216987.003.0007
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter explores several challenges facing the patent system: university patenting, the cost of patents, and the growing number and voluminosity of patent filings. The pros and cons of academic ... More


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