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This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Content: Michael Zander: The Austin Lecture: Reform of the Criminal Justice System: The Report of the Runciman Royal Commission T.R.S. Allan: The Concept of Fair Trial Gerry Maher: Dialogue and the Criminal Process Richard H. S. Tur: Lawyers' Ethics and Criminal Justice John Jackson: The Value of Jury Trial Mark Ockleton: Rules of Evidence Susan Easton: The Right to Silence and the Pursuit of Truth Celia Wells: What Runciman Didn't Say Michael A. Heather: The Revival Arbitration as a Post-modern Solution to Problems in the Criminal Justice System. (Franz Steiner 1995)
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe
International arbitration is one of the main mechanisms to settle cross-border disputes between states, private commercial actors, and private and public entities. Yet its theoretical penetration is incomplete. This book, by arbitrators, counsel, and scholars, provides fundamental theoretical insights into international arbitration.
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"The first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a new version of fact pleading and merits screening - what Scott Dodson calls 'New Pleading.' The result of this abrupt regime change is a broad, significant, and adverse effect on the civil-justice system. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both at home and in the larger global community. This book takes on that task. It aims to synthesize a theoretical account of New Pleading, argue that New Pleading is inconsistent with a system of procedural justice, provide two distinct solutions for rectifying the inconsistency - return to Old Pleading or adopt 'New Discovery' - and, finally, situate New Pleading and its remedies in a global comparative context"--Jacket.
NAPA Bulletin is a peer reviewed occasional publication ofthe National Association for the Practice of Anthropology,dedicated to the practical problem-solving and policy applicationsof anthropological knowledge and methods. peer reviewed publication of the National Association for thePractice of Anthropology dedicated to the practical problem-solving and policyapplications of anthropological knowledge and methods most editions available for course adoption
The past decade has seen a veritable explosion of investment treaty and other arbitration claims brought against sovereigns. Many of those cases have been filed before the International Centre for Settlement of Investment Claims (ICSID), which has its own self-contained rules for enforcement. Given this significant increase in sovereign cases and the issues attendant to sovereign immunity, this treatise is timely in addressing the various issues that arise in enforcing arbitral awards against sovereigns. One of the first questions posed to their counsel by clients considering the initiation of an arbitration proceeding against a sovereign state is whether and how the resulting award can be e...
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1996. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived