Private Power Public Law

Author: Susan K Sell
Editor: Cambridge University Press
ISBN: 9780521525398
File Size: 67,30 MB
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Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

Public Law And Private Power

Author: John Cioffi
Editor: Cornell University Press
ISBN: 0801460328
File Size: 67,50 MB
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In Public Law and Private Power, John W. Cioffi argues that the highly politicized reform of corporate governance law has reshaped power relations within the public corporation in favor of financial interests, contributed to the profound crises of contemporary capitalism, and eroded its political foundations. Analyzing the origins of pro-shareholder and pro-financial market reforms in the United States and Germany during the past two decades, Cioffi unravels a double paradox: the expansion of law and the regulatory state at the core of the financially driven neoliberal economic model and the surprising role of Center Left parties in championing the interests of shareholders and the financial sector. Since the early 1990s, changes in law to alter the structure of the corporation and financial markets—two institutional pillars of modern capitalism—highlight the contentious regulatory politics that reshaped the legal architecture of national corporate governance regimes and thus the distribution of power and wealth among managers, investors, and labor. Center Left parties embraced reforms that strengthened shareholder rights as part of a strategy to cultivate the support of the financial sector, promote market-driven firm-level economic adjustment, and appeal to popular outrage over recurrent corporate financial scandals. The reforms played a role in fostering an increasingly unstable financially driven economic order; their implication in the global financial crisis in turn poses a threat to center-left parties and the legitimacy of contemporary finance capitalism.

Public Property And Private Power

Author: Hendrik Hartog
Editor: Cornell University Press
ISBN: 1501732471
File Size: 23,38 MB
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Public Law And Private Power

Author: John W. Cioffi
Editor:
ISBN:
File Size: 80,35 MB
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Philosophical Foundations Of The Law Of Equity

Author: Dennis Klimchuk
Editor: Oxford University Press, USA
ISBN: 0198817657
File Size: 71,32 MB
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The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Landscapes Of Law

Author: Carol J. Greenhouse
Editor: University of Pennsylvania Press
ISBN: 0812252225
File Size: 44,43 MB
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International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

Private Power And Global Authority

Author: A. Claire Cutler
Editor: Cambridge University Press
ISBN: 9780521533973
File Size: 31,13 MB
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Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.

Limitations Of The Legislative Power In Respect To Personal Rights And Private Property

Author: John W. Cary
Editor:
ISBN:
File Size: 67,91 MB
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Public Laws Of The State Of North Carolina Passed By The General Assembly

Author: North Carolina
Editor:
ISBN:
File Size: 29,86 MB
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Journal Of Public Law

Author:
Editor:
ISBN:
File Size: 64,89 MB
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The Province Of Administrative Law

Author: Michael Taggart
Editor: Hart Publishing
ISBN: 1901362019
File Size: 44,97 MB
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This book draws upon the experiences of several jurisdictions to analyse the scope, development and future of administrative law.

Western Legal History

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ISBN:
File Size: 51,77 MB
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Hamline Journal Of Public Law And Policy

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ISBN:
File Size: 78,74 MB
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Michigan State Journal Of International Law

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ISBN:
File Size: 13,17 MB
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United States Congressional Serial Set

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ISBN:
File Size: 59,86 MB
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Macquarie Law Journal

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ISBN:
File Size: 56,17 MB
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Gender And Law

Author: Katharine T. Bartlett
Editor: Aspen Publishers
ISBN:
File Size: 14,81 MB
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A law school textbook containing case law and commentary by feminist legal scholars. Compiled by Bartlett (Duke U. School of Law), Harris (U. of California at Berkeley School of Law), and Rhode (Stanford Law School), the text rejects the notion that women's issues can be separated from the general consideration of the implicit assumptions of legal

Denver University Law Review

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ISBN:
File Size: 23,44 MB
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Private Law And Power

Author: Kit Barker
Editor: Bloomsbury Publishing
ISBN: 1509906002
File Size: 19,81 MB
Format: PDF
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The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.