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Relevant bibliographies by topics / Law and adjudication theory

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Academic literature on the topic 'Law and adjudication theory'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Law and adjudication theory"

1

Pócza, Kálmán. "Democratic theory and constitutional adjudication." Acta Juridica Hungarica 56, no. 2-3 (September 2015): 199–212. http://dx.doi.org/10.1556/026.2015.56.2-3.9.

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Leiter, Brian. "Heidegger and the Theory of Adjudication." Yale Law Journal 106, no. 2 (November 1996): 253. http://dx.doi.org/10.2307/797211.

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Hovenkamp, Herbert. "Fact, Value and Theory in Antitrust Adjudication." Duke Law Journal 1987, no. 5 (November 1987): 897. http://dx.doi.org/10.2307/1372693.

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Dan-Cohen, Meir. "Bureaucratic Organizations and the Theory of Adjudication." Columbia Law Review 85, no. 1 (January 1985): 1. http://dx.doi.org/10.2307/1122403.

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Bogart, John. "Adjudication, Validity, and Theories of Law." Canadian Journal of Law & Jurisprudence 2, no. 2 (July 1989): 163–70. http://dx.doi.org/10.1017/s0841820900002824.

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Although Positivism and Natural Law theories seem to be mutually exclusive theories regarding the law, one might be able to salvage the attractive features of both theories by confirming each theory to a different area of judicial life. The most promising line of demarcation is to confine Positivism to theories of validity, and to confine Natural Law to theories of adjudication. This strategy has been very ably outlined in a paper by David Brink, which I shall use as the springboard for this essay.

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Madry, Alan R., and Joel F. Richeimer. "The Possibility of Normative Jurisprudence:A Response to Brian Leiter." Legal Theory 4, no. 2 (June 1998): 207–39. http://dx.doi.org/10.1017/s1352325200000987.

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In a recent article Brian Leiter concluded that a useful normative theory of adjudication is impossible. A normative theory of adjudication would be a theory that, among other things, identified the moral and political norms that judges ought to follow in determining the law for any particular legal dispute. Letter's elegant and subtle argument, stripped to its bones, runs as follows: Philosophers of law regard a correct normative theory of adjudication as being dependent upon an antecedent descriptive theory. The dependence here, as Leiter describes it, is of a very strong sort and unique among philosophical theories: Any normative theory, to be acceptable, cannot depart from the actual practice of judges and lawyers. Consequently, the content of the normative side of the theory is simply to “continue to do what you've been doing,” supplemented, perhaps, by Holme's injunction to do it more selfconsciously and explicitly.

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Adams, Thomas. "Is there a Naturalistic Alternative? Realism, Replacement, and the Theory of Adjudication." Canadian Journal of Law & Jurisprudence 27, no. 2 (July 2014): 311–27. http://dx.doi.org/10.1017/s0841820900006378.

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This essay considers Brian Leiter’s arguments for ‘replacement naturalism’ in the domain of adjudication, his thesis being that we should reject as plausible the ‘normative theory of adjudication’ and replace it witha posterioritheory which best explains the causes of judicial decisions. My central claim is that his ‘naturalizing’ argument is incomplete in the following way: it is against a bad kind of philosophical theory and leaves scope for a better, non-naturalistic, account. Both Leiter’s original arguments for the position and his more recent suggestions in response to critics are considered.

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Gilbert, Michael D. "Does Law Matter? Theory and Evidence from Single-Subject Adjudication." Journal of Legal Studies 40, no. 2 (June 2011): 333–65. http://dx.doi.org/10.1086/660839.

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Canale, Damiano. "Comparative Reasoning in Legal Adjudication." Canadian Journal of Law & Jurisprudence 28, no. 1 (January 2015): 5–27. http://dx.doi.org/10.1017/cjlj.2015.15.

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This paper focuses on the practice of making reference to foreign law in legal adjudication. On the one hand, this practice has received overwhelming attention from legal scholars in the last two decades under the headings of “judicial dialogue”, “judicial cross-fertilization” or “constitutional conversation”; on the other hand, a systematic, theoretical picture of this practice is still lacking. The paper aims to bridge this gap by elucidating the structure of legal comparison in judicial decision-making from the point of view of argumentation theory. To this end, the paper examines the various forms of comparative reasoning, identifies the set of their implicit premises and shows under what conditions referring to foreign law in legal adjudication is justified on its own grounds. This analysis will lead us to discuss the thesis according to which comparative reasoning by courts is changing the nature of law and the structure of contemporary legal systems.

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McCormick, John P. "Three Ways of Thinking “Critically” about the Law." American Political Science Review 93, no. 2 (June 1999): 413–28. http://dx.doi.org/10.2307/2585404.

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Radical criticisms of liberalism's method of legal adjudication focus on its excessive formalism, its tendency to foster indeterminacy, and its naive maintenance of the separation of political from legal concerns. I examine these arguments as they appear in the work of Carl Schmitt, on the Right, and the Critical Legal Studies (CLS) movement, on the Left. Jürgen Habermas has recently attempted to refute the positions of these most scalding twentieth-century critics of liberal adjudication. I argue that by so extensively engaging these theorists, and in fact liberalism itself, on their own grounds, Habermas has abandoned some of the distinctive strengths of what he previously practiced as a critical social theory in his new reflexive or discourse theory of law.

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Dissertations / Theses on the topic "Law and adjudication theory"

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Perry, Stephen Robert. "Adjudication, legal theory and the common law." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.253825.

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Brady, Paul. "Towards a theory of adjudication : some issues of method and principle." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:ebfc484a-5593-445f-83d1-9cf30466e314.

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A sound theory of adjudication and of judicial duty requires or presupposes a sound theory of law and of legal argument. Jurisprudential inquiry is properly grounded not in reflections on conceptual properties of law but in reflections on human goods and needs as understood in a morally articulated theory of practical reason and compactly expressed in the normative concept of the common good. Such reflections confirm that law exists, in its central case, as a means to various types of authoritative co-ordination solutions. The underdetermined nature of (a) the positive requirements of practical reasonableness and the common good and of (b) the appropriate means of enforcing compliance and remedying non-compliance with either these requirements or the determinate negative precepts of practical reasonableness entails that a practically necessary aspect of the positive law’s role is constituting the requirements of justice, i.e. of what is due to whom generally and in particular situations (including situations where an injustice has been or is alleged to have been done). As a distinct and practically necessary mode of legal co-ordination for the common good, adjudication, in its central case, answers litigated questions of justice by applying all relevant law in accordance with the legal system’s practice of legal argument. Thus adjudication is performed by authoritative law-applying institutions precisely because it is about answering questions of justice, and not despite that fact. Theories of law developed on the assumption that it is possible to understand the ‘what’ of law without reliance on any moral judgments deny any practically necessary connection between (a) the promotion of justice and the common good and (b) the nature of law, in its central case, and, hence, the adjudicative application of the law. In the absence of this connection a judicial duty to do justice according to law is unintelligible.

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Psarras, Charalampos. "Law's authority and the division of moral labour between legislation and adjudication." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/9601.

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This thesis claims that if law has a distinctive and genuine normative force, then it is thanks to the fact that law’s authority originates from a particular institutional layout that allows for a division of moral labour between legislation and adjudication. After establishing what the moral dimension of authority is a matter of, and how law’s normative force can be justified by reference to it, this thesis defends a comprehensive-moral account of law’s authority. In this respect, the thesis argues that the moral dimension of law’s authority can be highlighted well if we consider it as emerging through a morally meaningful institutional distinction between legislation and adjudication: the institutional profile of legislative authority and that of adjudicative authority differ from each other, in that each can be said to be underlain by its own evaluative standards. On the one hand, the particularity of legislative authority is a matter of its community-driven, forward-looking character and of its consensual structure; as well as of the declaratory nature and the agent-relative status of reasons issued by legislative provisions. On the other hand, adjudicative authority is distinctive because it has a litigant-driven, remedial character and employs an adversarial structure so that it accomplishes its impartial investigatory task through the issuance of agent-neutral reasons. So understood, the institutional profile of legislative authority is considered to be morally meaningful in the sense that it incorporates a rule-consequentialist and value-pluralist rationale; while that of adjudicative authority is taken to owe its own moral meaningfulness to the fact that it fosters reciprocity between litigants.

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Sotomayor, Trelles José Enrique. "Emotion, rationality and argumentation in judicial adjudication." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/116108.

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Based on the theory of the emotions proposed by Martha Nussbaum, the present paper proposes a theory of rationality and judicial reasonability that includes emotions as a necessary element. With this, it is possible to pass from a purely deliberative-abstract model of judicial argument to a narratively open one, in which empathy and literary imagination play a fundamental role. I will argue that emotions have a concrete manifestation in at least three relevant circumstances: the value of testimony, that of empathy, and that of literary imagination. However, the place of emotions for the project of judicial rationality is subject to institutional restrictions such as rules of law, procedures and precedents. With this in mind, a sketch of theory on the narrative rationality in judicial contexts is presented in the last section of this paper.
A partir de la teoría de las emociones de Martha Nussbaum, el presente trabajo propone una teoría de la racionalidad y razonabilidad judicial que incluya a las emociones como un elemento necesario. Con ello se pasa de un modelo puramente deliberativo-abstracto de argumentación judicial a uno de tipo narrativamente abierto, en el cual la empatía y la imaginación literaria desempeñan un papel fundamental. Sostendré que las emociones tienen una manifestación concreta en al menos tres circunstancias relevantes: el valor del testimonio, el de la empatía y el de la imaginación literaria. Sin embargo, el lugar de las emociones para el proyecto de la racionalidad judicial está sometido a restricciones institucionales tales como reglas del derecho, procedimientos o precedentes. Con ello, un bosquejo de teoría sobre la racionalidad narrativa en sede judicial es presentado en la última sección.

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Curley, Sean. "Lord Denning : towards a theory of adjudication : an examination of the judicial decision making process of Lord Denning and his creation and use of the interstitial spaces within the law and legal process to assist in the exercise of his discretion and an examination of those factors which influenced that discretion." Thesis, University of Huddersfield, 2016. http://eprints.hud.ac.uk/id/eprint/29101/.

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This is an investigation into the methods and techniques used by Lord Denning in pursuit of his notion of doing justice to the case in front of him. The thesis examines Denning’s upbringing and biography to attempt to identify incidents and influences on his character which may have shown themselves in his later judicial career. The thesis then examines his judicial style and philosophy to attempt to isolate a theory of adjudication which accounts for some of his decisions. The theory of the interstitial spaces within the law wherein judges are entitled to exercise their discretion in coming to judgement is examined. This is then set against Denning’s actions in three cases which are examined at length to analyse his methods of obtaining the space to exercise his discretion and then the way he actually exercised that discretion is examined and analysed. There is in analysis of the legitimacy of each of these exercises of discretion and the legacy of each of them (if any). The conclusion pulls all these threads together and expounds a theory of adjudication that may fit these decisions and his judicial style and then analyses this theory against the background of modern jurisprudential thought.

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Ciomaga, Bogdan. "Sport a theory of adjudication /." Columbus, Ohio : Ohio State University, 2007. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1186600020.

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Brown, C. W. "A common law of international adjudication." Thesis, University of Cambridge, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596968.

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This dissertation examines aspects of procedure and remedies in the jurisprudence of international courts and tribunals. The dissertation’s central thesis is that there is increasing similarity in the application of procedure and remedies by international courts, and that this represents the emergence of a ‘common law of international adjudication’. The emerging common law of international adjudication owes its existence in part to the broad powers that international courts can exercise over their procedure and remedies. These powers encompass not only those which are expressly conferred on them, but also inherent powers, which international courts can exercise to fill lacunae in their constitutive instruments and rules of procedure. Several specific aspects of the adjudication process are examined to discern the existence of commonality in international judicial practice. These are: aspects of the rules of evidence; the power to grant provisional measures; the power to interpret and revise judgements and awards; and the availability of remedies. The analysis suggests that international courts are increasingly referring to the practice of other international tribunals, leading to substantial commonality on each of these questions, except where their constitutive instruments provide for special rules. The thesis developed in this dissertation has practical and theoretical implications. While it has not been possible to consider all aspects of international adjudication, the analysis nonetheless suggests that similar results may be found in other areas, and that international courts can devise common approaches to new procedural issues. It also suggests that international courts do not operate as self-contained regimes, but rather regard themselves as forming part of a community of international courts. In this sense, the emergence of a common law of international adjudication has positive implications for the development of an international legal system.

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Fagan, Anton. "Constitutional adjudication in South Africa." Thesis, University of Oxford, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363516.

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Marumoagae, Motseotsile Clement. "Adjudication of child relocation disputes in South Africa." Doctoral thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33789.

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This thesis discusses the adjudication of child relocation disputes (CRDs) in South Africa. The central thesis is that judges require adequate legislative guidance when exercising their discretion in CRDs. At present, judges adopt widely different reasonings when adjudicating CRDs and this has led to inconsistent CRDs jurisprudence. Due to lack of legislative guidelines, judges can choose to rely on any factor to reach their desired outcomes while at the same time rejecting those factors that might contradict their intended outcomes. In typical CRDs, parents who have been awarded the care and residency (usually mothers) wish to relocate with their children. They usually attempt to justify the proposed relocation on factors such as: their right to freedom of movement; pursuit of new romantic relationships; better work opportunities; improved standard of living; concern about crime; attainment of quality education; reuniting with family members; lack of family support; and abuse from non-custodial parents among others. Non-custodial parents often object to the proposed relocation on the basis that relocation will affect their rights to maintain contact with their children. To substantiate this claim, they usually indicate the extent of their interest in their children's lives and the amount of time they spend with their children. They often question the genuineness and good faith of the intended relocation and cast doubt on the ability of relocating parents to provide a better life for their children post-relocation. Occasionally, they invoke arguments relating to the disruption of the child's life and routine, including schooling, faith, and extramural activities. This thesis argues that CRDs are not as unique as they are often made out to be. For every CRD, there is likely to be precedent, local or foreign that can shed light on how such dispute should be adjudicated. However, many CRDs cases, both in South Africa and in foreign jurisdictions deal with similar CRDs differently. This makes it easy for judges who are adjudicating CRDs to reject certain precedents and follow others, or to reject the approaches of all previous cases and formulate their own novel approaches. This thesis argues that judges through their discretion can formulate their own approaches, which they can use to reject evidence that is contrary to their desired outcomes and rely instead on evidence that supports their intended outcomes. As a result, CRDs jurisprudence invokes many judicial approaches such as: reliance on predetermined presumptions for and against relocation; the reasonableness test; tender years and maternal preference; and the exceptional or compelling circumstances test. Judges can use these tests to either grant or refuse custodial parents' permission to relocate. When the application of certain tests works against their intended outcomes, judges have skilfully deviated from such tests to suit their subjective views on parenting. Judicial discretion is usually exercised in the name of the Best Interests of the Child (BIC) principle, which is thoroughly discussed in this thesis. Most importantly, this thesis argues for the limitation of judicial discretion in CRDs through the provision of legislative guidelines which will assist judges when determining CRDs. This thesis proposes an amendment to the Children's Act 38 of 2005, to incorporate a specific chapter dealing with CRDs which considers the involvement of both parents in their children's lives to the extent possible. There is a shift in thinking regarding CRDs in some jurisdictions, where the roles of both parents in their children's lives are adequately assessed when CRDs are determined. The proposal of this thesis is centred around the establishment of a legislative mechanism that will enable judges to identify, select, weigh, and adequately balance competing factors in CRDs to ensure that all cases are thoroughly investigated and considered.

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Endicott, Timothy A. O. "The use of vague language in law and adjudication." Thesis, University of Oxford, 1997. https://ora.ox.ac.uk/objects/uuid:16694c04-69da-486d-8ddb-ddae3cef3451.

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Vagueness in the language of the law leads to indeterminacies in some (not in all) of the requirements of the law. This thesis supports that 'indeterminacy claim', and explores its consequences for understanding law and adjudication. I elaborate the indeterminacy claim with a categorical claim that vagueness is ineliminable from law, and with a more tentative claim that indeterminacies in the application of vague language are not trivial or marginal. The indeterminacy claim is defended against legal theorists who argue that the law has other resources, besides the words that lawmakers use, which make it possible for judges to decide all cases consistently and according to law. Philosophers of language and of logic have sought a theory of the application of vague words that would solve the 'sorites paradox'. Such a solution might contradict the indeterminacy claim, either by showing that there are no cases in which the application of vague language is indeterminate, or by providing a model of reasoning with vague language that supports the 'other resources' arguments of legal theorists. I suggest reasons for resisting the urge to seek a solution, the chief being 'higher-order vagueness' and incommensurabilities in the application of many vague expressions. I propose a 'similarity model' of vagueness, in which a vague expression is viewed as applying to objects sufficiently similar to paradigms. The 'sufficiently' element in this model corresponds to a connection between the application of vague words and evaluative judgments. The 'paradigms' element is examined by assessing the role of paradigms in the theories of Herbert Hart and Ronald Dworkin. On the basis of the indeterminacy claim, the thesis argues that courts frequently cannot decide cases by giving effect to the requirements of the law, and that they cannot always decide like cases alike. A concluding chapter addresses implications for the ideal of the rule of law. It might seem that the rule of law is necessarily unattainable, to the extent that the requirements of the law are indeterminate. I propose an understanding of the ideal that rejects that conclusion, and that identifies the resolution of unresolved disputes as an important, independent duty of judges.

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Books on the topic "Law and adjudication theory"

1

Duxbury, Neil. Authority and adjudication in modern legal theory. Toronto: Faculty of Law, University of Toronto, 2005.

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Duxbury, Neil. Authority and adjudication in modern legal theory. [Toronto: Faculty of Law, University of Toronto, 2005.

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Conflicts of rights in the European Union: A theory of supranational adjudication. Oxford: Oxford University Press, 2009.

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Royce, Darryl. Adjudication in construction law. Milton Park, Abingdon, Oxon: Informa Law from Routledge, 2016.

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1956-, Levenson Laurie L., ed. Criminal procedure: Adjudication. New York, NY: Aspen Publishers, 2008.

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Timpson, John. Adjudication for architects and engineers. London: Thomas Telford, 1999.

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Brown, Chester. A common law of international adjudication. Oxford [England]: Oxford University Press, 2007.

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Gretton, George Lidderdale. The law of inhibition and adjudication. 2nd ed. Edinburgh: Butterworths, 1996.

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Brown, Chester. A common law of international adjudication. Oxford [England]: Oxford University Press, 2007.

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William, Lucy. Understanding and explaining adjudication. Oxford: Oxford University Press, 1999.

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Book chapters on the topic "Law and adjudication theory"

1

Warner, Richard. "Adjudication and Legal Reasoning." In The Blackwell Guide to the Philosophy of Law and Legal Theory, 259–70. Oxford, UK: Blackwell Publishing Ltd, 2008. http://dx.doi.org/10.1002/9780470690116.ch18.

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Golding, Stephen L. "The Adjudication of Criminal Responsibility: A Review of Theory and Research." In Handbook of Psychology and Law, 230–50. New York, NY: Springer New York, 1992. http://dx.doi.org/10.1007/978-1-4757-4038-7_12.

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Golecki, Mariusz Jerzy, and Mateusz Franciszek Bukaty. "Between Nomos and Pathos: Emotions in Aristotelian Theory of Adjudication and the Dual Process Theory." In Aristotle on Emotions in Law and Politics, 435–50. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-66703-4_21.

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Postema, Gerald J. "The Coherence of Bentham’s Theory of Law." In Bentham and the Common Law Tradition, 431–55. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198793052.003.0013.

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This chapter considers again the coherence of Bentham's theory. However, it takes up only two issues: the compatibility of Bentham's utilitarian theory of adjudication with his positivist theory of laws and the plausibility of his theory of adjudication. It argues that Bentham's theories of law and adjudication cannot achieve the aims of the jurisprudential project he set for himself. It suggests briefly why this project itself is fundamentally mistaken. The arguments here can only be sketchy and to an extent they presuppose a conception of the nature and tasks of law which needs to be more fully articulated and defended.

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Powell, Emilia Justyna. "A Theory of Islamic Peaceful Resolution of Disputes." In Islamic Law and International Law, 125–63. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190064631.003.0004.

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The theory of Islamic Peaceful Resolution of Disputes discusses four distinct legal features that define Islamic law states’ most preferred form of social interaction: a unique logic of Islamic justice, nonconfrontational dispute settlement (sulh), collective embeddedness of the third party, and incorporation of Islamic religious principles into the resolution process. The chapter describes characteristics of negotiations, international non-binding (conciliation, mediation) and binding methods (arbitration, adjudication). Islamic law states engage in forum shopping because of uncertainty associated with dispute resolution. Their preferences toward international resolution methods are not constant across space and time, but depend on the balance between Islamic law and secular law in their domestic legal systems. ILS whose legal systems are deeply infused with tenets of Islamic law embrace international settlement venues that resemble traditional Islamic law: conciliation and mediation. States whose domestic legal systems embrace secular features are drawn to binding resolution methods: arbitration and adjudication.

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Laurence, R. Helfer †., and Slaughter ‡. Anne-Marie. "Toward a Theory of Effective Supranational Adjudication." In International Law of Human Rights, 263–382. Routledge, 2017. http://dx.doi.org/10.4324/9781315092492-11.

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Postema, Gerald J. "The Judge as Paterfamilias." In Bentham and the Common Law Tradition, 331–49. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198793052.003.0010.

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Following his radical critique of Common Law, both as a system of laws and as a theory of adjudication, Bentham embarked on a career-long attempt to produce an alternative which more adequately meets the criteria of his background utilitarian theory. This chapter focuses on his theory of adjudication. In his view, the proper definition of the judicial role and a proper understanding of the nature, scope, and limits of judicial decision-making could only be achieved by attempting to solve central problems of the design of adjudicative institutions and procedures. The principle on which he based his construction of adjudicative institutions was drawn from his analysis of the defects of Common Law, especially his view that it is self-defeating to attempt to structure judicial decision-making by means of fixed rules in order to constrain arbitrariness and abuse of power.

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Novak, David. "The Law of Adjudication." In Image of the Non-Jew in Judaism, 36–52. Liverpool University Press, 2011. http://dx.doi.org/10.3828/liverpool/9781906764074.003.0003.

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This chapter discusses the law of adjudication. The rabbinic tradition presents two divergent positions on the nature of the law of adjudication. The first position, articulated most fully by Maimonides, was that this law was to be imposed upon gentiles by Jews; that is, ideally, Jewish judges would arbitrate Noahide laws for gentiles. The second position, advocated by Nahmanides, holds that non-Jews establish and maintain their own courts separate from Jewish courts, and judge based on the general principles of Noahide law. The chapter then looks at how the rabbis consistently moved Jewish law in the direction of Jewish and non-Jewish equality in matters of civil jurisprudence. The law of adjudication was also used by the rabbis to justify non-Jewish political authority over Jews. Finally, the chapter explores the principle of dina d'malkhuta dina (the law of the land is the law).

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Sajó, András. "17. Constitutional Adjudication in Light of Discourse Theory." In Habermas on Law and Democracy, 336–70. University of California Press, 1998. http://dx.doi.org/10.1525/9780520917613-019.

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"Theory: The Missing Piece in Election Law Scholarship and Adjudication." In Election Law and Democratic Theory, 13–44. Routledge, 2016. http://dx.doi.org/10.4324/9781315579016-2.

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Conference papers on the topic "Law and adjudication theory"

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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.

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Kent, L. "Adjudication procedure." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961423.

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Carnell, Nicholas J. "Adjudication and the Construction Act." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961422.

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Miles, D. "Adjudication, ADR and arbitration: the differences." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961421.

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Li, Dan, Xiaoting Kang, Hao Xu, and Yihua Mao. "Adjudication Framework for Construction Disputes." In Proceedings of the 1st International Symposium on Innovation and Education, Law and Social Sciences (IELSS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/ielss-19.2019.13.

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Corrêa Benjamin, Cássio, and Tiago Lopes Coelho. "The myth of constitutional neutrality adjudication and democracy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws64_02.

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"JURISPRUDENCE AND INSTITUTIONAL CHANGES IN ADJUDICATION ОF COPYRIGHT INFRINGEMENT CASES IN UKRAINE." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.69.

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Marbun, Rocky, and Endra Wijaya. "Language, Communication, and Law: Dismantling Binary Opposition in the Pre-Adjudication Sphere." In Proceedings of First International Conference on Culture, Education, Linguistics and Literature, CELL 2019, 5-6 August, Purwokerto, Central Java, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.5-8-2019.2289787.

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Tayanov, Vitaliy, Eric Granger, Miguel Bordallo, and Abdenour Hadid. "Super-resolution pipeline for fast adjudication in watchlist screening." In 2015 International Conference on Image Processing Theory, Tools and Applications (IPTA). IEEE, 2015. http://dx.doi.org/10.1109/ipta.2015.7367145.

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Hong, Lingxiao. "From Adjudication under Law to Discretion—Methodological Interpretation for the Causes of “Different Judgments in Similar Cases”." In Proceedings of the 5th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/sschd-19.2019.46.

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Reports on the topic "Law and adjudication theory"

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Acemoglu, Daron, and Alexander Wolitzky. A Theory of Equality Before the Law. Cambridge, MA: National Bureau of Economic Research, June 2018. http://dx.doi.org/10.3386/w24681.

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Johnson, Ronald L. Lanchester's Square Law in Theory and Practice. Fort Belvoir, VA: Defense Technical Information Center, November 1989. http://dx.doi.org/10.21236/ada225484.

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Polinsky, A. Mitchell, and Steven Shavell. The Theory of Public Enforcement of Law. Cambridge, MA: National Bureau of Economic Research, November 2005. http://dx.doi.org/10.3386/w11780.

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Polinsky, A. Mitchell, and Steven Shavell. The Economic Theory of Public Enforcement of Law. Cambridge, MA: National Bureau of Economic Research, March 1999. http://dx.doi.org/10.3386/w6993.

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Gertner, Robert, and David Scharfstein. A Theory of Workouts and the Effects of Reorganization Law. Cambridge, MA: National Bureau of Economic Research, May 1991. http://dx.doi.org/10.3386/t0103.

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Nimmich, Joseph L. The Application of Conventional Military Deterrence Theory to Maritime Law Enforcement Interdiction. Fort Belvoir, VA: Defense Technical Information Center, January 1997. http://dx.doi.org/10.21236/ada326899.

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Phung, D. L. Theory and evidence for using the economy-of-scale law in power plant economics. Office of Scientific and Technical Information (OSTI), May 1987. http://dx.doi.org/10.2172/6304295.

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Kraynik, A., A. Geller, and J. Glick. Gelled propellant flow: Boundary layer theory for power-law fluids in a converging planar channel. Office of Scientific and Technical Information (OSTI), October 1989. http://dx.doi.org/10.2172/5647885.

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McQuaid, Michael J. Henry's Law Constants for 2-Azidoethanamine Hypergols: Estimates From a Density Functional Theory/Polarizable Continuum Model. Fort Belvoir, VA: Defense Technical Information Center, May 2009. http://dx.doi.org/10.21236/ada500662.

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Icenhower, Jonathan, B. P. McGrail, A. Luttge, and D. London. Origins of Deviations from Transition-State Theory: Formulating a New Kinetic Rate Law for Dissolution of Silicates. Office of Scientific and Technical Information (OSTI), June 2002. http://dx.doi.org/10.2172/834824.

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