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Introduction to Comparative Government
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Government of Germany, in Introduction to Comparative Government 159 (Michael Curtis et al. eds., 1997)
Examines the politics of several industrialized democratic countries and three Third World countries. The authors propose a number of classifications of political systems and a general context that allows the nine systems to be compared in varying ways.
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The Constitutional Jurisprudence of the Federal Republic of Germany
Donald P. Kommers
Kommers’s comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
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Politics, Values and Functions: International Law in the 21st Century: Essays in Honor of Professor Louis Henkin
Mary Ellen O'Connell, Jonathan I. Charney, and Donald K. Anton
The editors and contributors have formed this collection to honour Louis Henkin in his 80th year. He has contributed greatly to the fields of international and constitutional law, to teaching and scholarship, to the international community and to each of the contributors and editors personally. The work sets out to highlight the impact of Henkin's contribution to international and constitutional scholarship.
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Premises and Conclusions: Symbolic Logic for Legal Analysis
Robert E. Rodes Jr. and Howard Pospesel
This solidly written book explains the elements of contemporary symbolic logic, and examines the ways in which it illuminates the structure of legal reasoning and clarifies various legal problems. Offering a clear and succinct presentation of standard propositional and predicate logic, it presents the elements of standard logic and applies those techniques to legal materials. It covers the use of standard logic in legal argument, including the denial or distinguishing of premises and the rules of pleading, and makes extensive use of legal materials, cases and statutes, in both examples and exercises. Readers are also given strategies for handling major legal problems in standard logic, including ways for treating conditions contrary to fact, necessary and sufficient conditions, result within the risk, and intent. For logicians and philosophers of law.
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Legal Interviewing and Counseling in a Nutshell
Thomas L. Shaffer and James R. Elkins
Solving Problems and Telling Stories; Lawyer Persona and Feelings it Disguises; Establishing a Working Relationship; Getting the Facts (Interviewing); Theories and Models for Helping Relationships; Interventions and Skills; Place, Space and Territory; Sharing Authority and Collaborative Decision Making; Moral Dimension; Understanding Ourselves
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"A" Level Law, 4th ed.
Geoffrey J. Bennett, Brian Hogan, and Peter Seago
Offering a straightforward approach to the subjects required for "A" Level law, this textbook has been divided into extensive sections on the English legal system, criminal law and contract. It is specifically aimed at syllabus requirements of the Oxford and Joint Matriculation Examining Boards.
Series: Concise College Texts
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International Criminal Law: Cases and Materials
Jimmy Gurule, M. Cherif Bassiouni, Sharon A. Williams, Michael Scharf, Bruce Zagaris, and Jordan J. Paust
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The Protection of Fundamental Rights by the Constitutional Court
Donald P. Kommers
Book Chapter
Donald P. Kommers, Procedures for the Protection of Human Rights in Diffuse Systems of Judicial Review, in The Protection of Fundamental Rights by the Constitutional Court 96 (Council of Europe: Proceedings of the European Commission for Democracy Through Law, 1996).
Common-law systems throughout the world, as they have evolved, use a variety of practices in order to protect fundamental human rights. Among those practices are systems of diffuse judicial review, which is characterized by the power of courts at various levels of a judicial hierarchy to review cases that raise issues involving fundamental rights. The legal system of the United States is typical of diffuse systems of judicial review in the common law world. In the interest of economy, this paper is limited to the United States, although some attention is also given to Canada. It describes those procedures which either advance or implicate the protection of fundamental rights.
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Problems in Trial Advocacy
James H. Seckinger, Anthony J. Bocchino, Donald H. Beskind, and Kenneth S. Broun
Problems in Trial Advocacy provides the subject matter for realistic courtroom simulations, and many of the problems are based on actual trials--both civil and criminal. Hands-on problems cover opening statements, direct and cross examination of lay and expert witnesses, introduction of exhibits, witness impeachment, and closing arguments. Many popular NITA problems and fact patterns are included and have been updated with current date references and many new and enhanced exhibits. A CD-ROM containing electronic copies of all the exhibits is included. These concise exercises give students the opportunity to learn quickly without having to memorize a full case file of facts.
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Catholicism, Liberalism and Communitarianism: The Catholic Intellectual Tradition and the Moral Foundations of Democracy
Gerard V. Bradley, Kenneth L. Grasso, and Robert P. Hunt
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Partnership Income Taxation. 2nd ed.
Alan Gunn
This handbook examines partnership tax laws, enabling readers to easily understand specific provisions within a larger context. Some of the topics covered include what constitutes a partnership; partnerships vs. corporations; partnership vs. co-ownership of property; the pass-through principle of partnership taxation; an introduction to partnership debt; allocations of partnership income; transactions between partnerships and their partners; sales of partnership interests; partnership distributions
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The Federal Republic of Germany at Forty-Five
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Basic Law and Reunification, in The Federal Republic of Germany at Forty-Five 187 (Peter H. Merkl ed., 1995)
This book tackles the question of just where the new Federal Republic of Germany stands after 45 years and where it appears to be headed. The central concern of this volume is the nation's evolving united—or disunited—sense of identity. This identity, in a constant state of flux, takes many forms: the striking differences between East and West German views; German pacifism and national pride; the role of Germany in the world; the reemergence of radical right groups; and opinions towards foreigners and the right of political asylum. Of central interest to scholars of German and European history and politics, this book is a thorough assessment of Germany in the post-wall era.
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Constitutional Policy and Change in Europe
Donald P. Kommers and W. J. Thompson
Book Chapter
Donald P. Kommers & W. J. Thompson, Fundamentals in the Liberal Constitutional Tradition, in Constitutional Policy and Change in Europe 23 (Joachim Jens Hesse & Nevil Johnson eds., 1995).
During recent years, constitutional issues have claimed increasing attention in many European countries. The social and political transformations in Central and Eastern Europe have thrust constitutional debates to the fore. This book looks at the needs and claims of constitutional adaptation and reconstruction in contemporary Europe. It explores the range and complexity of the constitutional challenge in Europe, which differs markedly from one country to another. It considers the different tasks facing Western, Central, and Eastern Europe, and addresses some of the issues of political theory presented by the notion of liberal constitutionalism itself. It will be of great interest to scholars of constitutional law and European politics.
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"A" Level Law: Cases and Materials, 3rd ed.
Geoffrey Bennett, Brian Hogan, and Peter Seago
Offering a straightforward approach to the subjects required for "A" Level law, this textbook has been divided into extensive sections on the English legal system, criminal law, and contracts. Containing updated cases and materials.
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Administrative Justice at the Supreme Tribunal of the Apostolic Signatura and the United States Supreme Court: A Comparative Study
John J. Coughlin
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community.
The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.
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The Federal Constitutional Court
Donald P. Kommers
The short study is designed to introduce Germany's Federal Constitutional Court. It describes the Court's origin and authority, examines its structure and procedures, and assesses its leadership and impact on German public life and politics.
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Germany and Its Basic Law
Donald P. Kommers
Revisions of papers presented at a conference held in Washington, Oct. 23-25, 1989, and co-sponsored by the Dreager-Stiftung and the American Institute for Contemporary German Studies.
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The Domestic Politics of German Unification
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Basic Law Under Strain: Constitutional Dilemmas and Challenges, in Domestic Politics of German Unification 135 (Christopher Anderson, Karl Kaltenthaler, & Wolfgang Luthardt eds., 1993)
Prominent German and US scholars examine the domestic political events that led to the unification of the two German states. The authors analyse the breakdown of the East German regime, the electoral politics of the unification year, political parties and their strategies, political elites, and the rise of right-wing extremism. They also investigate the challenges and problems caused by the unexpectedly rapid unification process.
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International Law and the Use of Force
Mary Ellen O'Connell and Thomas Ehrlich
International Law and the Use of Force brings together cases and materials on the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello). It provides a dynamic introduction for students, scholars, and practitioners. The book explores the United Nations Charter rules and the Hague and Geneva Conventions as central to regulating armed forces. There are also chapters on the historic development of international law on the use of force and important cases from the last ten years.
Contents:
- The Iraqi invasion of Kuwait and the United States' invasion of Panama
- Introduction to international law and the use of force
- Sources of international law relevant to the use of force
- Institutions of international law relevant to the use of force
- International law rules on the use of force
- U.N. Charter
- Statute of the International Court of Justice
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Fifty Questions on the Natural Law: What It Is and Why We Need It, 1st ed.
Charles E. Rice
Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all background
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