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Deference to the Legislature in WTO Challenges to Legislation
  • Language: en
  • Pages: 376

Deference to the Legislature in WTO Challenges to Legislation

  • Categories: Law

This completely revised and up to date Fourth Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. The material has been completely updated and includes detailed discussion of the 2011 America Invents Act, as well as other pertinent developments in U.S. law It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or "nutshell." With its detailed citations, and readily accessible and complete subject coverage, this book will be a useful quick reference or deskbook for intellectual property practitioners, students, law professors, and librarians, as well as for anyone interested in understanding American intellectual property law

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview
  • Language: en
  • Pages: 420

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-07
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  • Publisher: Springer

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Islam and the European Union
  • Language: en
  • Pages: 284

Islam and the European Union

In 2001, the European Consortium of Church and State Research focused its annual meeting on the highly topical issue of the legal position of Muslim communities in the European Union. The present book comprises updated analyses on Belgium, Germany, Greece, Spain, France, Italy, Austria and the United Kingdom. The studies extend from general questions of legal status to specific issues such as building mosques or cemeteries, ritual slaughter, and from language rights to family issues and education, thus providing an in-depth view of the legal framework for a developing European Islam.

The Forum of Federations Handbook of Fiscal Federalism
  • Language: en
  • Pages: 500

The Forum of Federations Handbook of Fiscal Federalism

This open access handbook compares fiscal federalism arrangements in eleven federal/ decentralized countries. Each chapter examines an individual country, laying out its constitutional design as relates to fiscal powers and the division of those powers between levels of government. Specifically, the analyses consider powers of taxation, spending, regulation, and more. Focusing on Australia, Brazil, Canada, Ethiopia, Germany, India, Italy, South Africa, Spain, Switzerland, and the United States, the contributors provide a fascinating account of how federal countries are confronting the traditional challenges of conflicts over division of fiscal powers while also coping with the ongoing challenges of globalization and citizen empowerment that arise from the information revolution. As a companion to the Forum of Federations Handbook of Federal Countries 2020, this volume considers how relationships and roles in different orders of government are being reshaped, and shows how local solutions inspired by global principles help strengthen government accountability and improve citizens’ quality of life. This is an open access book.

Indirect Judicial Review in Administrative Law
  • Language: en
  • Pages: 270

Indirect Judicial Review in Administrative Law

  • Categories: Law

This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Legal Theory and the Media of Law
  • Language: en
  • Pages: 648

Legal Theory and the Media of Law

  • Categories: Law

As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.

Debates in German Public Law
  • Language: en
  • Pages: 585

Debates in German Public Law

  • Categories: Law
  • Type: Book
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  • Published: 2014-07-18
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  • Publisher: A&C Black

Germany's Constitution - the Basic Law of 23 May 1949 - created a democratic constitution which, despite amendments, has held up over the years, even providing the legal basis for German reunification in 1990. When it was written, the Basic Law was initially regarded as a temporary solution which would last until a pan-German constitution could be created, but over the years it has grown to become a mainstay of post-war stability and has even become one of Germany's most successful exports. Foreign scholars are particularly interested in the German conception of fundamental rights and the mechanisms in place for enforcing them in the courts, as well as in Germany's federal structure. Making ...

Managing Interdependencies in Federal Systems
  • Language: en
  • Pages: 296

Managing Interdependencies in Federal Systems

Intergovernmental councils have emerged as the main structures through which the governments of a federation coordinate public policy making. In a globalized and complex world, federal actors are increasingly interdependent. This mutual dependence in the delivery of public services has important implications for the stability of a federal system: policy problems concerning more than one government can destabilize a federation, unless governments coordinate their policies. This book argues that intergovernmental councils enhance federal stability by incentivizing governments to coordinate, which makes them a federal safeguard. By comparing reforms of fiscal and education policy in Australia, Canada, Germany, and Switzerland, this book shows that councils’ effectiveness as one of federalism’s safeguards depends on their institutional design and the interplay with other political institutions and mechanisms. Federal stability is maintained if councils process contentious policy problems, are highly institutionalized, are not dominated by the federal government, and are embedded in a political system that facilitates intergovernmental compromising and consensus-building.

Constitutional Review in Europe
  • Language: en
  • Pages: 1118

Constitutional Review in Europe

  • Categories: Law
  • Type: Book
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  • Published: 2014-07-18
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  • Publisher: A&C Black

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction ...

Local Public Finance
  • Language: en
  • Pages: 354

Local Public Finance

  • Categories: Law

This book is based upon a comparative public administration research project, initiated by the Hertie School of Governance (Germany) and the Bertelsmann Foundation (Germany) and supported by a network of researchers from many EU countries. It analyzes both the regimes and the practices of local fiscal regulation in 21 European countries. The book brings together key findings of this research project. The regulatory discussion is not limited to the prominent issue of fiscal rules but focuses on every component of regulation. Beyond this, the book covers affiliated topics such as the impact of regulation for local governments, evolution of regulation, administrative costs and crisis prevention...