It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?
While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.
Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
From the Hardcover edition.
Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.
With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements.
This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
In light of these recent events, this book explores the evolving challenges and opportunities facing the more than 50-year old Turkey-EU relationship. This volume focuses particularly on the role of the Cyprus issue, the potential for closer Turkey-EU cooperation in the aftermath of the Arab Spring, the impact on Turkish citizens and politics, as well as the concept of Europeanization, especially in relation to Turkey’s democratic reform process. In drawing together perspectives from the disciplines of international relations, political science and law, this book offers a unique, interdisciplinary outlook towards the changing role of Europe in Turkey’s political discourse.
This book will be of interest to researchers and students of Turkey-EU relations, EU external relations Law, Europeanization and Turkish and Middle Eastern politics.
Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.
- Data thieves can hijack your PC with easy-to-use hacking tools that even a 10-year old can master. After stealing your log-on passwords, they can drain your bank accounts.
- If someone has a grudge against you, he can learn whether you're "worth suing" with a few clicks of a mouse. Hundreds of Web sites offer asset-tracking services to find your real estate ownership records, bank account balances, and much more.
- Secret government data mining programs monitor your personal and financial activities 24 hours a day for "suspicious transactions." One oversight--becoming friends on Facebook with a suspected terrorist, withdrawing too much cash, unknowingly renting property to someone with a criminal background, etc.--and you could find yourself under arrest and your assets frozen.
Fortunately, you CAN fight back. You can secure your PC to make it virtually invulnerable to hackers. You can legally create international "lifeboats" of wealth and privacy that are practically invulnerable to snooping. You can understand what the government regards as suspicious ... and avoid raising your profile unnecessarily.
The Lifeboat Strategy (2011) shows you exactly what you need to do to counter today's threats to wealth and privacy. It documents today's unprecedented threats to wealth and privacy and reveals hundreds of completely legal strategies to deal with them: private investments, opportunities, and strategies inside--and outside--the United States. And, it's written in language you can understand and put to work to protect yourself and your family.
Special bonus report accompanying The Lifeboat Strategy (2011): How to Find Your Own Safe Haven Offshore. In this report, you you'll learn:
- The 11 countries best suited for wealth preservation
- Which countries offer the most to prospective immigrants?
- How to legally purchase a second passport-and why you might want to.
- In the current economic crisis, which "asset havens" will survive--or not?
As the U.S. dollar collapses and the world moves into fiscal chaos, planning your own "escape from America" has never been more important. And this free special bonus report shows you, step-by-step, how to proceed.
Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.
In Judicial Reputation, Nuno Garoupa and Tom Ginsburg explain how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Judicial Reputation explores how judges respond to the reputational incentives provided by the different audiences they interact with—lawyers, politicians, the media, and the public itself—and how institutional structures mediate these interactions. The judicial structure is best understood not through the lens of legal culture or tradition, but through the economics of information and reputation. Transcending those conventional lenses, Garoupa and Ginsburg employ their long-standing research on the latter to examine the fascinating effects that governmental interactions, multicourt systems, extrajudicial work, and the international rule-of-law movement have had on the reputations of judges in this era.