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1
Austria. Finanzstrafgesetz: FinStrG, idF d FinStrGNov 1985. 2nd ed. Wien: Manz, 1986.
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2
editor, Sefarad Mikhaʼel, Sappir Shoshana London translator, and Yesh Din (Organization), eds. Exceptions: Prosecution of IDF soldiers during and after the second Intifada, 2000-2007. Tel Aviv: Yesh Din, 2008.
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Austria. Jurisdiktionsnorm und Zivilprozessordnung: Samt Einführungsgesetzen und Nebengesetzen idF der Erweiterten Wertgrenzen-Novelle 1989 : mit erläuternden Anmerkungen, Verweisungen, Literaturhinweisen und einer Übersicht der gültigen Rechtsprechung. Wien: Manzsche Verlags- und Universitätsbuchh., 1990.
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Fridman, Yuriy, and Aleksandr Korzhenevich. Learning to solve problems in physics: preparing for the Unified State Exam. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/995926.
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If you are holding this textbook in your hands, it means that you understand the need to solve problems when studying a physics course at school. Indeed, it is difficult to overestimate the effect that the solution of problems in the study of physics gives. The textbook contains about 800 problems for the high school physics course. The tasks are based on the examination materials of various universities, including the Republic of Crimea, data from the magazines "Kvant", "Physics at School", information received from correspondence physics and mathematics schools of the Moscow State University named after M. V. Lomonosov, National Research Nuclear University "MEPhI", Bauman Moscow State Technical University, Moscow Institute of Physics and Technology (State University). We also used the problem books that were released in various years to help those entering universities. The number of problems and their selection are not random and allow, according to the compilers, to demonstrate the types of problems that are often found in the high school physics course, the most rational methods, general approaches and ideas for solving them, and also help to acquire certain skills in solving problems. Can be useful for use in secondary schools when working with students for whom physics is of interest, optional, if you prepare for the entrance exams for physics, a specialized school with advanced study of physics, as well as anyone who wants to learn how to solve problems in physics.
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Rozehnalová, Naděžda, ed. Universal, Regional, National – Ways of the Development of Private International Law in 21st Century. Brno: Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019.
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Need of private international law arises because the internal laws of different countries differ from each other. If the internal laws of the countries of the world lay down uniform rules, then probably there will not be any need for private international law. But then, difference is not only in the internal laws of the different countries, but also in the private international laws of different countries, on account of which sometimes conflicting decisions are pronounced by the courts of different countries on the same matter. Thus, need for Unification of Private International law Rules arise.
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Eileen, Denza. Diplomatic Couriers. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0028.
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This chapter analyses Articles 27.5, 27.6, and 27.7 of the Vienna Convention on Diplomatic Relations. The three sections mainly centre on matters regarding the functions diplomatic couriers. According to Article 27.5, the diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. Article 27.6 on the other hand states that the sending State or the mission may designate diplomatic couriers ad hoc. If this happens, then the provisions of Article 27.5 shall also apply. Lastly, Article 27.7 states that a diplomatic bag may be entrusted to the captain of a commercial aircraft and that he shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier.
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Richard, Calnan. Part IV Adding Words, 8 Principle 8: Implied Terms. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.003.0009.
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This chapter considers the circumstances in which the courts will imply terms into contracts. Words are implied into a contract if the parties must objectively have intended them. This will be the case either if they are so obvious that there was no need to express them, or if they are necessary to make the contract work in a business context. The chapter discusses the controversies which have arisen in recent years concerning the scope of a court’s ability to imply terms into a contract. It discusses the tests for the implication of terms and gives practical examples of when they have been applied.
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Warner, Dorothy Anne. A Disciplinary Blueprint for the Assessment of Information Literacy. A Member of the Greenwood Publishing Group, Inc., 2008. http://dx.doi.org/10.5040/9798400641077.
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Have you ever worried that literature on library instruction deals more with methods of assessing student attitude than student learning? If so, you'll be glad to know someone is doing something about it! Eight unique disciplinary modules are presented, each identifying a series of information literacy objectives developed in accordance with Bloom's Taxonomy of Cognitive Objectives. A substantive curriculum map embedded within each module lists the sequence of courses required for the disciplinary major and the level at which the course is taught (sophomore, junior, etc.), notes whether information literacy instruction is currently taught by the library for that particular course, and delineates the specific information literacy learning objectives the students must master in order to fulfill the course assignments. Collaborative responsibility for teaching the information literacy skills is also outlined, with specific recommendations for ways the library can strengthen its support for the specific discipline. In addition, assessment methodologies are identified; including scoring rubrics designed specifically for the disciplinary information literacy objectives. An indispensable resource for academic librarians ready to take the leap from episodic reactive response to programmatic sequenced integration into the curriculum.
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Olivelle, Patrick. Legal Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198702603.003.0023.
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The Dharmaśāstras devote considerable space to discussions of law, courts of law, and the legal procedures that must be followed in court. Legal procedure is known as vyavahāra, a term used also for a lawsuit. The early Dharmasūtras present a very sketchy description limited for the most part to evidence consisting principally of live witnesses. It is Manu who introduced a full discussion of the topic divided into eighteen titles of law (vyavahārapada; see Chapter 23). In Manu, and especially in Yājñavalkya, we see a fully developed technical legal vocabulary and a theoretical consideration of the legal proceedings in a court leading up to a verdict. The sources also point to different venues where lawsuits are adjudicated, the highest being the royal court. Appeals of verdicts from lower courts to higher ones are permitted if the defeated party can demonstrate a miscarriage of justice in a lower court’s proceedings.
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SI, Strong. Part X Judicial Review, Judicial Performance, and Enforcement, 30 Improving Judicial Performance in Matters Involving International Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0031.
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This chapter focuses on the issue of judicial competency in international arbitration. Participants in international arbitration often view national courts as the ‘weak link’ in the chain of arbitral practice and procedure. Although parties can and often do contract in advance for experienced arbitrators and efficient procedures, all of that planning and forethought can come to naught if a judge refuses to enforce an arbitration agreement or award. Recalcitrant courts are often branded as parochial, a move which suggests that the judges in question know what the proper course of action is, but simply prefer to protect national interests or parties. However, what appears to be a conscious desire to thwart the international arbitral regime could actually be nothing more than a judicial misunderstanding of a particularly complex area of law. The remainder of the chapter discusses structural and educational efforts of states to improve judicial decision-making.
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Hill, Jonathan. 3. Foreign judgments. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0003.
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This chapter deals with the recognition of enforcement of foreign judgments by English courts. The crucial question is not whether foreign judgments should be recognised and enforced in England but which judgments should be recognised and enforced. There are, broadly speaking, two theories. The first is the theory of obligation, which is premised on the notion that if the original court assumed jurisdiction on a proper basis the court's judgment should prima facie be regarded as creating an obligation between the parties to the foreign proceedings which the English court ought to recognise and, where appropriate, enforce. The alternative theory is based on the idea of reciprocity: the courts of country X should recognise and enforce the judgments of country Y if, mutatis mutandis, the courts of country Y recognise and enforce the judgments of country X. Whichever theory is adopted, the recognition and enforcement of foreign judgments is limited by a range of defences which may be invoked by the party wishing to resist the judgment in question. It would be unrealistic to expect the English court to give effect to a foreign judgment which conflicts with fundamental notions of justice and fairness. So, the recognition and enforcement of foreign judgments is a two-stage process: Are the basic conditions for recognition or enforcement satisfied? If so, is there a defence by reason of which the foreign judgment should nevertheless not be recognised or enforced? The remainder of the chapter discusses the recognition and enforcement at common law; statutory regimes based on the common law; recognition and enforcement under the Brussels I Recast; and United Kingdom judgments.
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Schmidt, Susanne K. The European Court of Justice as a Political Actor. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0002.
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Chapter 2 summarizes research in political science on the ECJ as a political actor. Discussions about the Court have for a long time focused on the question of ‘judicial activism’ versus member-state control of the Court. The support of the EU’s legal community, the Commission, the litigation of private actors, and member-state courts has been important for the Court’s development of case law. It is argued that current analyses have overlooked the importance of ‘over-constitutionalization’, in light of the Treaty’s detailed policy aims. Case law shares the Treaty’s constitutional status. Its detailed policy prescriptions cannot be overruled. In addition, a Court that pays attention to member states’ preferences will have a significant impact on policy if its rulings establish policy requirements derived from the constitution.
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Glidden, William B. The Supreme Court versus Congress. ABC-CLIO, LLC, 2015. http://dx.doi.org/10.5040/9798216021605.
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A comprehensive and focused review of all of the Supreme Court’s overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court’s overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on “big picture” themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
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Sidharth, Chauhan. Part IV Separation of Powers, Ch.17 Legislature: privileges and process. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0017.
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This chapter examines how the exercise of legislative privileges is treated in the Indian Constitution. More specifically, it considers whether the exercise of legislative privileges by members of the Indian Parliament is justiciable and if so, to what extent. While the courts have ruled in favour of limited judicial scrutiny, the broader principle of ‘separation of powers’ invites further debate. This article begins with an overview of the justifications for legislative privileges and prominent judgments related to their scope, along with some instances where their invocation has become the subject of political controversy but not litigated. In particular, it discusses the Indian Supreme Court’s lack of a clear position on press freedoms vs legislative privileges, as well as legal questions concerning the validity of invoking privileges against acts committed outside the legislatures and the permissibility of judicial review over them.
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Benvenisti, Eyal. Community Interests in International Adjudication. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0005.
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The chapter examines the extent to which international courts and tribunals can take community interests into consideration and develop community obligations. It explores the significance of this distinction between the ad hoc dispute-settlement tribunals and standing courts with jurisdiction to adjudicate multiple cases, and argues that the recursive function transforms international courts into global lawmakers that weave together a system of norms with secondary rules of recognition. International tribunals serve a crucial role of coordinating the behavior of state and nonstate actors by creating focal points that define the parties’ legal obligations and stabilize expectations. Moreover, the chapter argues that because of this function international courts are uniquely situated to take community interests into account, and they often, if not always, do so. This implies that if properly insulated from pressures and prejudices, international adjudicators are institutionally inclined to promote community obligations.
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Irvine, Colin C., ed. Teaching the Novel across the Curriculum. Greenwood Publishing Group, Inc., 2007. http://dx.doi.org/10.5040/9798216023210.
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Instructors at all levels are being encouraged to teach writing in their courses, even in subjects other than English. Because the novel reflects a broad set of human experiences and history, it is the ideal vehicle for learning about a wide range of issues. This book helps educators learn how to incorporate novels in courses in English, the humanities, social and behavioral sciences, and professional studies. The chapters focus on using the novel to explore ethical concerns, multiculturalism, history, social theory, psychology, social work, and education. The book looks at major canonical works as well as graphic novels and popular literature. Language arts are at the forefront of education these days. Instructors at all levels are being encouraged to teach writing in their courses, even if those courses cover subjects other than English. Literature instructors have long used fiction to teach composition. But because the novel reflects a broad range of human experiences and historical events, it is the ideal medium for learning about contemporary social issues. This book helps educators learn how to use the novel in courses in English, the humanities, social and behavioral sciences, and professional studies. The book is divided into broad sections on general education classes; multiculturalism; literature classes; humanities courses; classes in social, behavioral, and political sciences; and professional studies, such as social work and teacher training. Each section includes chapters written by gifted teachers and provides a wealth of theoretical and practical information. While the book examines major canonical works such as Hard Times, Billy Budd, and Invisible Man, it also looks at graphic novels, science fiction, and popular contemporary works such as Finishing School and Jarhead. Chapters reflect the personal successes of their authors and cite works for further reading.
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Leech, Jessica. Judging for Reasons. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198724957.003.0010.
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What, if any, is the relation between modal judgment and our capacity to make judgments at all? On a plausible interpretation, Kant connects what he calls the modality of a judgment to its location in a course of reasoning: actual inferential relations between that act of judgment and others. However, there is a puzzling consequence of this interpretation. It is natural to understand Kant as claiming that every judgment has some modality, but if the modality of a judgment is its location in a course of reasoning, then the implication is that every judgment must occur as part of a course of reasoning. Why think this? This chapter proposes an answer that draws on the relationship between judgment, judging for reasons, and the unity of consciousness.
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Nielson, Jonathan M., ed. Paths Not Taken. Praeger, 2000. http://dx.doi.org/10.5040/9798400695568.
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In America's foreign affairs there has been a delicate balance between often conflicting imperatives of interests, ideals, and power. How these imperatives have intersected to shape the constellation of American foreign policy decisions throughout the nation's history and, indeed, how they have served to advance or subvert attainment of America's regional, hemispheric and global ambitions, is the subject of this study. This collection of essays explores seminal decisions in American foreign policy and diplomatic history, from the early National period to the Vietnam War, each of which proved to be a turning point, and then asks readers to consider alternative futures based upon different courses of action. Nielson underscores how history could, and perhapsshould, have been different. U.S. foreign policy has in large measure been contingent upon decisions made by individuals in positions of power. Their personalities, characters, and assumptions about duty and America's role in the world have uniquely shaped policy choices and, thus, the course of foreign affairs, for better or worse. This book hopes to show that history is ever fluid, unpredictable, and problematic. It will complement traditional texts as a what if counterpoint which will stimulate interest in and speculation about leadership roles, national interest, and decision making in foreign policy.
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Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 13 Stays and the Management of Parallel Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0013.
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This chapter explores the question of stays of proceedings and how the English courts deal with parallel proceedings. It first considers two related issues that arise from the frequent possibility that proceedings could be brought in England or in a foreign court: first, whether the English courts should exercise jurisdiction if a foreign court would be better placed to resolve the dispute and second, what should happen if proceedings are or might be commenced both in a foreign court and in the English courts. The chapter then examines stays of English proceedings under the common law and the issue of the anti-suit injunction before discussing parallel proceedings under the Brussels I Recast, focusing on lis pendens and related actions, as well as stays of proceedings under the Brussels I Recast. It also explains the discretion to restrain foreign proceedings under the Brussels I Recast.
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della Cananea, Giacinto, and Stefano Mannoni, eds. Administrative Justice Fin de siècle. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867562.001.0001.
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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.
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Fidell, Eugene R. 4. The substantive reach of court-martial jurisdiction. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780199303496.003.0005.
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If a court-martial has jurisdiction over an accused, to what offenses does that jurisdiction extend? Military justice codes take a variety of approaches to defining what conduct will be prosecuted in courts-martial. Typically, they set forth and give the required elements of a number of offenses. Some offenses—disobedience and disrespect, desertion, dereliction of duty, AWOL, missing movement, mutiny, oppressing a subordinate, or hazarding a vessel—have no counterpart in civilian criminal law. ‘The substantive reach of court-martial jurisdiction’ outlines two key issues: whether human rights violations should be prosecuted in courts-martial, and whether common law or ordinary crimes should ever be tried by court-martial rather than in the civilian courts.
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Follesdal, Andreas, and Geir Ulfstein. International Courts and Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.003.0001.
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This chapter presents the main contents of the book, setting the stage by discussing the expansion of international courts, and the challenges therein, touching upon the legitimacy crises certain courts have faced. The introduction stresses that the volume shows how ICs are adaptable, but that these adaptations may matter little if the concern and criticism against ICs is more general in its character, and in reality is a resistance against what is seen as a development towards undermining national sovereignty.
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Zachary, Douglas, and Bodnar Andrew. Part V Financial Wrongdoing and Private International Law, 13 Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0013.
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Private international law plays an important role in determining whether victims of corruption and commercial fraud can obtain private redress in the national courts. If the principles and rules of private international law are incoherent or parochial in design or in application, then private remedies against fraudsters may be jeopardized merely because the fraud has transnational elements. The chapter asks: can a fraudster avoid the jurisdiction of the victim’s courts by planning and implementing the fraudulent scheme in an ‘offshore’ territory? It also asks: can a victim trace misappropriated funds which have passed through accounts in different jurisdictions if the national law of one of those jurisdictions does not recognize the victim’s right to trace such funds? The answers to such questions are provided by private international law.
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Rossi, Guido, ed. Authorities in Early Modern Law Courts. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474451000.001.0001.
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This volume looks at the influence of the decisions of law courts on the development of the substantive law across Europe in the early modern period. Did law courts contribute to the development of the law? Were their decisions considered to be authoritative even beyond the specific cases on which they were rendered? If so, was such authority given by the pronouncement of the court itself or by its wide use and circulation among both legal practitioners and judges? These difficult questions, typically ducked by scholars, lie at the core of this book, which seeks to provide a critical and stimulating overview of the role of early modern law courts in the complex transition from the late Middle Ages to the modern period.
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Halperin, John J. Nervous System Lyme Disease. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199937837.003.0159.
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Nervous system involvement occurs in 10% to 15% of patients infected with Borrelia burgdorferi, B. afzelii, or B. garinii, the tick-borne spirochetes responsible for Lyme disease and its European counterparts. Common clinical manifestations include lymphocytic meningitis, facial and other cranial neuropathies, and painful mononeuropathies such as Lyme radiculitis. Diagnosis requires appropriate clinical, epidemiological, and laboratory evidence. Appropriately interpreted serologic testing is highly reliable; cerebrospinal fluid examination is often informative if the central nervous system is involved. Several week courses of widely available oral or parenteral antimicrobials are curative in most patients.
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Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 10 Challenge of Arbitral Awards. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0010.
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This chapter discusses the challenge or appeal of arbitral awards by the losing party of arbitration. Under the New York Convention and the UNICTRAL Model Law, the purpose of challenging an award is to have the court declare all, or part, of the award null and void. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable not only by the courts of the seat of arbitration, but also by national courts elsewhere. The chapter describes the various methods of challenge: ‘internal’ challenge; the correction and interpretation of awards; the issuance of additional awards; and the remission of awards. If the challenge is successful, the court may decide to confirm the award, refer it back to the arbitrary tribunal, vary the award, or set it aside in whole or in part.
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Sperino, Sandra F., and Suja A. Thomas. Fakers and Floodgates. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190278380.003.0008.
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The structure of discrimination law, with its many pro-employer inferences and rules, pushes cases toward dismissal. In this chapter, we explore what we call the “fakers and floodgates” argument—the idea that judges must curtail the reach of discrimination law because the federal court system is flooded with unmeritorious employment discrimination suits. It is important that concerns about fakers and floodgates be taken seriously. If fake claims were flooding the federal docket, this would be a significant problem. However, the fakers and floodgates argument is unproven and therefore should not support change to discrimination law. No data shows that the courts are flooded with false claims. If false claims exist, the courts already have an effective way to ameliorate them: they can punish litigants who make false claims. Nonetheless, the “fakers and floodgates” argument plays a powerful role in modern discrimination law.
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Danny, Busch. Part IV Supervision and Enforcement, 20 The Private Law Effect of MiFID I and MiFID II: The Genil Case and Beyond. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767671.003.0020.
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This chapter examines how far civil courts are bound by MiFID I/MiFID II under European law, within the following topics: whether civil courts and contracting parties may be less strict or stricter than MiFID I/MiFID II, whether MiFID I/MiFID II has any influence on the principle of ‘relativity’ or ‘proximity’, proof of causation, or a contractual limitation or exclusion of liability in the Member States; and whether the civil courts are obliged to determine if MiFID I/MiFID II rules have been infringed in disputes between investment firms and private investors. The chapter concludes that MiFID II and MiFID I are unclear, and, as the EU Court of Justice has not yet explicitly answered the main questions, it will be necessary to await the further judgments.
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Cavalcante Passos, Ives, and Flávio Kapczinski. Staging and neuroprogression in bipolar disorder: treatment implications. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780198748625.003.0024.
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It is known that if, not all, a substantial proportion of patients with bipolar disorder (BD) present a progressive course with functional and cognitive impairment. In addition, patients with BD and multiple mood episodes have a worse response to lithium and cognitive behaviour therapy. However, many current treatment guidelines do not take these clinical features that change with illness progression into account. In order to clarify these clinical questions, the term ‘neuroprogression’ was conceptualized as the pathological rewiring of the brain that takes place in parallel with the clinical deterioration in the course of BD. It provides a heuristic basis for conceptualizing the biochemical foundation of changes in brain circuits related to the progressive course of BD. Herein, we aim to review risk factors, biological underpinnings, and treatment implications related to neuroprogression in BD.
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Richard, Calnan. Part III Understanding Words, 7 Principle 7: Unnatural Meanings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.003.0008.
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This chapter discusses the circumstances in which the courts do not give words their natural meaning. Very occasionally, it is clear that the parties cannot objectively have intended words they have used to have their ordinary meaning. If so, they are given the meaning which the parties must objectively have intended. The more unreasonable the result, the more unlikely it is that the parties can have intended it. This is a very controversial principle and different judges take a more—or less—expansive view of it. The chapter discusses the different views, and why they are held. It analyses the recent cases to establish where the law is at the moment. It looks at particular types of case where the courts have been more willing to twist the meaning of words. These include exclusion and limitation clauses, clauses limiting liability for negligence, and termination for minor breach. It discusses recent cases in which the courts have twisted the meaning of words in contracts, and also those where the courts have declined to do so.
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Boyd, Christina L. Gatekeeping and Filtering in Trial Courts. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.11.
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Trial courts and their actors play critical gatekeeping and filtering roles within the judicial hierarchy. As this chapter discusses, the decisions made by litigants and judges in the millions of criminal and civil trial court cases in the United States each year affect things like what cases get filed, how cases develop, what cases settle or plea bargain and when, whether losing litigants will appeal, and, if they do, how the appellate courts will respond. This chapter proceeds by first examining the selection of disputes and charges that takes place by parties, prosecutors, and other lawyers prior to a case being filed in a trial court. Next, the chapter details the decision-making of trial court parties, lawyers, and judges. As the chapter concludes, it discusses the unique set of challenges present for interdisciplinary research on trial courts.
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Zittoun, Tania, and Tatsuya Sato. Imagination in Adults and the Aging Person. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190468712.003.0009.
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Life course psychology has taught us that people change and develop lifelong. Also, imagination plays an important role in the making of our life course, especially in transitions or bifurcation points. However, if imagination has been quite studied in children and adolescents, what about imagination in adulthood and, especially, in older adults? In this chapter, the authors present a model of imagination to be used in the life course. The authors review the literature on aging and identify the role of imagination within it. Finally, the authors discuss an extreme case of development, which comes about when the future seems interrupted because of a trauma. Through the case study of an older woman’s development after the Fuskushima catastrophe, the authors provide a general reflection about the role of imagination in the life of adults and elderly people.
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Chong, Ji Y., and Michael P. Lerario. Hypertension and Confusion. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780190495541.003.0025.
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Posterior reversible encephalopathy syndrome is a clinical–radiographic syndrome of progressive headaches, blurred vision, confusion, and seizures in the setting of vasogenic edema on brain imaging, which is often localized to the posterior white matter. The symptoms are classically triggered by severe hypertension, pregnancy and the puerperium, or exposure to immunosuppressive medications. The symptoms can be reversible if the offending etiology is quickly removed, but permanent deficits can remain if strokes or hemorrhage complicate the clinical course.
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Ergun, Özbudun. Part 2 Interrelations between Constitutionalism and Sharī’ah: Antagonism or Complementarity?, 2.5 Secularism in Islamic Countries: Turkey as a Model. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0009.
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This chapter first discusses the secularization of the Ottoman Empire in the nineteenth century. It then covers the distinct character of Turkish secularism; the Turkish Constitutional Court as defender of assertive secularism; and recent controversies on secularism: the headscarf ban, the İmam Hatip schools, and the Qur' ān courses. The chapter concludes that the present Turkish system of assertive secularism can serve as a model in any other part of the Muslim world. However, if Turkey manages to reach a reasonable compromise on some version of passive secularism, it could indeed be an inspiring model demonstrating the compatibility of Islam, democracy, and secularism.
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Levine, Joseph. The Modal Status of Materialism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198800088.003.0008.
Full textAbstract:
It is quite common to assume that Materialism, if true, is only contingently true. After all, couldn’t there have been a dualist world of immaterial souls, even if this world doesn’t happen to be one? We argue that, contrary to appearances, Materialism, if true, is necessarily true. In the course of making this argument we clarify what we take to be the core of the Materialist thesis, which differs crucially from the way it’s often presented. Rather than a specification of the nature of the material that underlies mentality, it is more a claim that mental states are realized, not basic.
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Jones, Alison, and Brenda Sufrin. 14. Private Enforcement. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0014.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussions cover the principle of direct effect and national procedural autonomy; why there has been relatively little antitrust litigation in the EU; the relationship between public and private enforcement; the Commission's policy towards private enforcement, the initiatives it has taken to encourage private litigation, and mechanisms for cooperation between the Commission and national courts; and the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations.
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William W, Park. Part I International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions, 1 Explaining Arbitration Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0002.
Full textAbstract:
This chapter considers the challenges in explaining arbitration law. Unlike most fields of law that provide guidance on how courts decide cases, arbitration law tells judges when not to decide disputes, in deference to private decision-makers selected by the litigants. However, if one side regrets a decision to arbitrate, or the parties diverge about what the arbitration clause covers, courts may be asked to assist in implementing the arbitration agreement or resulting award. At such moments, arbitration law normally includes two limbs: first, to hold parties to their bargains to arbitrate; second, to monitor the basic integrity of the arbitral process, so the case will be heard by a fair tribunal that listens before deciding, stays within its mission, and respects the limits of relevant public policy. The chapter then discusses case studies that illustrate two issues that persistently vex courts and commentators: allocating tasks between judges and arbitrators; and determining what law applies to an arbitration clause.
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Sime, Stuart. 26. Security for Costs. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.3123.
Full textAbstract:
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (a) whether one of the conditions for ordering security for costs is satisfied; (b) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (c) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
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Sime, Stuart. 26. Security for costs. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.3123.
Full textAbstract:
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three matters arise: (a) whether one of the conditions for ordering security for costs is satisfied; (b) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (c) if so, how much security should be provided. This chapter considers each of these three matters. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
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Sime, Stuart. 26. Security for costs. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.3123.
Full textAbstract:
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three matters arise: (a) whether one of the conditions for ordering security for costs is satisfied; (b) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (c) if so, how much security should be provided. This chapter considers each of these three matters. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
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Michael, Furmston, Tolhurst G J, and Mik Eliza. 11 Certainty and Completeness. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0011.
Full textAbstract:
This chapter discusses the issues of uncertainty and incompleteness in contract formation. A contract is said to be void if it is uncertain or incomplete. A term contained in the contract will be uncertain if it totally lacks meaning or if a court cannot determine the meaning the parties intended. Generally, a contract will be void for uncertainty if it is not possible to prescribe meaning to an essential term. A term will be incomplete if it does not adequately deal with an issue that has arisen under the contract and which falls within its subject matter. A contract will be void for being incomplete if any incomplete term or terms are essential to the contract and cannot be supplied by some gap-filling technique. The chapter also covers agreements to agree and agreements to negotiate, and methods by which the courts and the parties resolve uncertainty and incompleteness.
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Trevor C, Hartley. Part II Jurisdiction, 14 Submission. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0014.
Full textAbstract:
This chapter considers the rules on submission. If the defendant enters an appearance before a court of a Member State (Lugano State) without contesting jurisdiction, that fact alone confers jurisdiction on the court in question. This ensures that a defendant cannot fight the case on the merits and then, if he loses, claim that the court had no jurisdiction. The rule is usually explained on the ground that the entry of an appearance without challenging the court's jurisdiction constitutes an implied choice-of-court agreement. The rule can also apply against the claimant. If the defendant claims set-off and the claimant contests the substance of that claim without challenging the jurisdiction of the court regarding the claim to be set off, that fact alone will confer jurisdiction.
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Follesdal, Andreas. Power or Authority; Actions or Beliefs. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0021.
Full textAbstract:
This chapter examines how the theoretical framework presented in this book fits with the substantive chapters. It argues that if the authors maintain their position about motivational agnosticism, they should reconsider whether “de facto authority” is the best label for the kind of impact of international courts (ICs) at various levels that concerns them. At times their claims seem to fit better with an aspiration to map the ICs’ power more generally. The chapter then questions the framework’s explicit bracketing of social legitimacy in the sense of actors’ beliefs about normative legitimacy. It concludes by suggesting one area for future research where scholarship on social and normative legitimacy may in fact be relevant to understand the politics and legitimation strategies of international courts with variable authority.
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Roe, Mark J. Corporate Short-Termism. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.4.
Full textAbstract:
In this chapter I examine whether short-termism in stock markets justifies using corporate law to further shield managers and boards from shareholder influence, to allow boards and managers to pursue their view of sensible long-term strategies in their investment and management policies even more freely. First, the evidence that on stock market short-termism is mixed and inconclusive, with managerial mechanisms under-rated sources of short-term distortions, including managerial compensation packages whose duration often is shorter than that of institutional stockholding; further insulating boards from markets would exacerbate these managerial short-term-favoring mechanisms. Nor are courts well positioned to make this kind of basic economic policy, which if serious is better addressed with policy tools unavailable to courts.
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Hayk, Kupelyants. 3 Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.003.0004.
Full textAbstract:
Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.
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Kupelyants, Hayk. Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.003.0004.
Full textAbstract:
Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.
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Goodin, Robert E., and Kai Spiekermann. Respecting Tradition. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823452.003.0010.
Full textAbstract:
One way to use the ‘wisdom of crowds’ is to look at past judgements and aggregate them. We take as our model courts, which often follow a norm of respecting precedents (‘stare decisis’). The problem, however, with complete deference to past judgements is the emergence of informational cascades. If all judges respect tradition, a situation arises in which everyone sets their own private information to the side and blindly follows the majority judgement of past decisions. Possible solutions are to hide precedents, or to have some judges who are ‘stubborn’ in refusing to follow precedent, or to have some judges who only aggregate informative precedents. But these solutions involve judges not following tradition. Looking beyond courts, we caution against epistemic arguments from traditionalism more generally.
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Eisenberg, Melvin A. The Principle of Anticipatory Repudiation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0048.
Full textAbstract:
Chapter 48 concerns anticipatory repudiation, that is, repudiation of a contract by a promisor before she is required to perform. An anticipatory repudiation may consist of either an expression by the promisor that she intends not to perform all or a significant part of her duties under the contract, or conduct by the promisor that leads to her inability or apparent inability to perform all or a significant part of her duties under the contract. Many courts have held that an expression will constitute an anticipatory repudiation only if the expression is an unequivocal repudiation of the contract. This strict test is an unjustified departure from the general principles of interpretation, should not be followed, and is not followed by all courts.
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Echevarria, Antulio J. 8. What causes military strategies to succeed or fail? Oxford University Press, 2017. http://dx.doi.org/10.1093/actrade/9780199340132.003.0008.
Full textAbstract:
How can military strategists improve the odds of success while reducing the chances of failure? ‘What causes military strategies to succeed or fail?’ identifies four tasks are necessary for a successful strategy: a critical appraisal of the adversary’s strengths and weaknesses matched against one’s own; the net assessment should serve as a baseline for developing courses of action that weaken the foe enough to get what one wants; the head of state must select a suitable military commander to develop and implement the desired strategy; and sound war plans are needed to pull everything together. Military strategies often fail because the opposing party refuses to concede, even if continuing to fight is patently self-destructive.
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Hadfield, Andrew. Courtesy, Lying, and Politics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198789468.003.0006.
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Chapter 5 is a discussion of courtesy books and political conduct manuals and whether the behaviour they recommend could or should be divorced from moral conduct, and, if so, what implications this had for truthfulness and whether courtiers were ever permitted to tell lies in the name of a greater good. Political speech has always been calculated, and it is rare to encounter ‘naïve communication—where a speaker states literally all that he thinks, and/or an audience accepts his representation at face value’. The chapter explores the question of whether small lies led to big lies or whether they could be contained, a central question asked in Edmund Spenser’s Faerie Queene. It provides analysis of a number of books on courtesy including Castiglione’s Book of the Courtier; Giovanni della Casa’s Galateo; Stefano Guazzo’s Ciuile Conuersation, and others, concluding with Machiavelli and Christopher Marlowe.