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Books on the topic 'Precedence effect'
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1
Kalt, Joseph P. Precedent and legal argument in U.S. trade policy: Do they matter to the political economy of the lumber dispute? Cambridge, MA: National Bureau of Economic Research, 1994.
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Henry, Kevin. May Fourth and Translation. Venice: Fondazione Università Ca’ Foscari, 2020. http://dx.doi.org/10.30687/978-88-6969-465-3.
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The May 4th Movement in 1919 – and more broadly the so-called New Culture movement in the 1910s and 1920s, – a landmark in the history of China, was marked by a great wave of translations, without precedent other than the one inspired by the Buddhist faith more than 1000 years before. This volume, which includes five papers presented at the conference 4 May 1919: History in Motion (Université de Mons, Belgium, 2-4 May 2019), seeks to define and measure, in all its dimensions and complexity (from tragic theatre to revolutionary novels to literary journals), the impact of this intense translation effort in the early years of Republican China.
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Litovsky, Ruth Y., and David McAlpine. Physiological correlates of the precedence effect and binaural masking level differences. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199233281.013.0014.
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Homewood, Matthew J. 2. Supremacy, direct effect, indirect effect, and state liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0002.
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This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
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Craig, Paul, and Gráinne de Búrca. 9. The Relationship Between EU Law and National Law:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0009.
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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 discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts.
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Ian, Gaunt. Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 9 Maritime Arbitration in London: Publication of Awards, Appeals, and the Development of English Commercial Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0009.
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This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.
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Depoorter, Ben, and Paul H. Rubin. Judge-Made Law and the Common Law Process. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.001.
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One of the most illustrious normative claims in the law and economics literature, originating with Posner and supported by models of evolutionary legal change, posits that a system of judge-made law offers efficiency advantages over statute-based systems. In recent years, however, scholarship has identified aspects of common law systems that undermine the optimism about judge-made efficiency. This chapter reviews the original economic literature on the efficiency of the common law and then describes supply- and demand-side obstacles to efficient judge-made law. On the supply side, a rich body of literature on judicial decision-making and judicial attitudes casts doubt on the ability as well as the motivations of courts to bring about efficient precedent. Demand-side complications include interest group effects, plaintiff selection effects, information selection effects, settlement selection effects, and procedural factors.
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Fischer, Nick. The First World War and the Origins of the Red Scare. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040023.003.0002.
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This chapter examines the origins of the Red Scare of 1919–1920, with particular emphasis on the role of the United States's entry into the First World War. The effort required to bring a reluctant nation into the war and quash dissenting voices brought the federal government into the business of systematic rather than ad hoc industrial and political repression. The civil liberties of citizens who protested either the commitment to war or its effects were suppressed. The place of nativism and antiradicalism in American politics and society became elevated. More importantly, the experience of war set political precedents that helped to spawn a new movement devoted to promoting the cause of anticommunism in American life. The chapter first considers how US participation in the First World War contributed to the emergence of “modern” anticommunism before discussing the role of the American Protective League in the repression efforts during the war. It also explores the business of loyalty, cultural repression, farmers' collectives and minor political parties, silencing dissent, and the campaign against industrial unions during the war.
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Hill QC, Mark. The Nature and Sources of Ecclesiastical Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807568.003.0001.
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This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.
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Sharf, Robert H. Is Mindfulness Buddhist? (And Why It Matters). Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190495794.003.0010.
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Modern exponents of mindfulness meditation promote the therapeutic effects of “bare attention”—a sort of non-judgmental, non-discursive attending to the moment-to-moment flow of consciousness. This approach is arguably at odds with more traditional Theravāda Buddhist doctrine and meditative practice, but the cultivation of present-centered awareness is not without precedent in Buddhist history; similar innovations arose in medieval Chinese Zen (Chan) and Tibetan Dzogchen. These movements have several things in common. In each case the reforms were, in part, attempts to render Buddhist practice and insight accessible to laypeople unfamiliar with Buddhist philosophy and/or unwilling to adopt a renunciatory lifestyle. They also promised quick results. And finally, the innovations were met with suspicion and criticism from traditional Buddhist quarters. Those interested in the therapeutic effects of mindfulness and bare attention are often not aware of the existence, much less the content, of the controversies surrounding these practices in Asian Buddhist history.
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Woloch, Nancy. Different versus Equal: The 1920s. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691002590.003.0006.
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This chapter revisits Adkins and considers the feud over protective laws that arose in the women's movement in the 1920s. The clash between friends and foes of the Equal Rights Amendment—and over the protective laws for women workers that it would surely invalidate—fueled women's politics in the 1920s. Both sides claimed precedent-setting accomplishments. In 1923, the National Woman's Party proposed the historic ERA, which incurred conflict that lasted for decades. The social feminist contingent—larger and more powerful—gained favor briefly among congressional lawmakers, expanded the number and strength of state laws, saw the minimum wage gain a foothold, and promoted protection through the federal Women's Bureau. Neither faction, however, achieved the advances it sought. Instead, a fight between factions underscored competing contentions about single-sex protective laws and their effect on women workers.
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Vivian, Bradford. Habituation. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190611088.003.0005.
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Chapter 4 demonstrates the commonplace nature of witnessing in the symbolic language and embodied habitudes of witnessing at contemporary memorials. The premise that liberal-democratic citizens should bear witness to national crimes and traumas by visiting celebrated memorials has become a commonplace form of civic obligation. The chapter examines the specific forms of witnessing that the National September 11 Memorial encourages visitors to enact. Prolonged and contentious controversies over its design—in effect, its symbolic rhetoric—provide insight into normative assumptions about how such a memorial should best memorialize collective tragedy based on past memorial precedents. The chapter argues that the memorial facilitates habitual forms of witnessing, which involve discursive practices of public remembrance that invoke familiar experiences of physical space, spatial aesthetics, and virtual reality. The National September 11 Memorial thus accommodates popular and immanently personalized habitudes of remembrance that typify late modern public culture.
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William H, Boothby. 8 Conventional Weapons Convention. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198728504.003.0008.
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This chapter discusses the important provisions of the UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW). It explains the significance of the Convention in relation to the evolution of the law relating to weapons, noting that it provides a framework within which specific Protocols have been negotiated to address particular weapons or weapon issues. The procedures for amending the Convention, for amending Protocols and for negotiating and adopting new Protocols are examined. The extension in scope agreed at the First Review Conference is discussed. The requirement for consensus as a condition precedent to the adoption of new Protocols and the increasing difficulty in securing such consensus as to new Protocols as the number of States party to the Convention increases are both considered.
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Paolo, Palchetti. 1 Legal Status (Personality), 1.3 Maclaine Watson & Co. Ltd v International Tin Council , 26 October 1989, United Kingdom House of Lords, 81 ILR 670. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0005.
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This judgment constitutes one of the most authoritative precedents on the question concerning responsibility of members for acts of the organization. The House of Lords denied the existence of a rule of general international law according to which, in the absence of an express provision in the constitutive treaty excluding the responsibility of the members, they are responsible, jointly and severally, for the breach by the organization of its obligations to third parties. According to the House of Lords, the separate legal personality of an international organization precludes that the members can be held responsible, due to their membership, for the conduct of the organization. The judgment also addresses the question of whether the effects stemming from the possession of a separate legal personality have to be determined by reference to international law or by reference to the domestic law of the forum state.
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Elliott, Dyan. Gender and The Christian Traditions. Edited by Judith Bennett and Ruth Karras. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199582174.013.011.
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Classical and medieval thinkers had much to say about gendered topics, including proper social roles and relationships for men and women, differing physical and psychological make-ups, and behaviors that might cause blurring between characteristics understood to belong to each sex. The theological arguments and pastoral direction of the Middle Ages relied heavily on precedents drawn from early Christianity, making an understanding of the apostolic and patristic periods essential when examining gender issues. This essay, therefore, addresses debates from both early Christianity and the central Middle Ages, concentrating primarily on discussions about the merits of virginity versus celibacy, but also treating discourse on "virile" women and the effects of the rediscovery of Aristotelian thought on ideas about procreation and the female body. Since these discussions often took place as their authors addressed contemporary crises, they offer an opportunity to examine Christian society's shifting, and often competing, values, especially those pertaining women.
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Rennie, David A. American Writers and World War I. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198858812.001.0001.
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Recent scholarship has uncovered a spectrum of sociopolitical categories of World War I experience represented in American literature. American Writers and World War I resituates this collective focus on the multifaceted nature of war experience, by considering writers as idiosyncratic individuals—rather than as members of a particular constituency of identity. Looking at texts produced throughout the careers of Edith Wharton, Ellen La Motte, Mary Borden, Thomas Boyd, F. Scott Fitzgerald, Laurence Stallings, and Ernest Hemingway, David Rennie argues that authors’ war writing continuously evolved in response to the unfolding developments of their careers and personalities. War writing was implicated in, and influenced by, wider cultural forces such as governmental censorship, the publishing business, advertising, and the Hollywood film industry. Studying the lives of individual authors and the environments in which they worked reveals that writers did not demonstrate static, unvarying attitudes to the war, and that their depictions of it were repeatedly shaped by the practicalities of authorship. Rennie discusses the importance of American cultural and literary precedents, which offered writers means of assessing the war, and argues that even authors’ hallmark “anti-war” works are in fact characterized by an awareness of the war’s nuanced effects on society and individuals.