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Keywords: law in action
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Chapter
The WTO Dispute Settlement Process
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Joseph Conti
Published: 21 December 2010
... do. A central premise of the law in action approach is that the analysis of formal rules and procedures does not fully account for how those rules are used in practice. Accounting for the use of the WTO begins with a characterization of how legal actors construct the good case in dispute settlement...
Chapter
Law and Justice
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Philip Selznick
Published: 08 August 2008
...This chapter examines the social science of law and justice, noting that jurisprudence studies the sources of law and the variable authority of legal precepts. It considers the rule of law, legal orders, law in action, and natural law. Legal orders are seen as integral, many-faceted parts...
Chapter
Supervision in the Wake of the Financial Crisis: Achieving Effective ‘Law in Action’—A Challenge for the EU
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Niamh Moloney
Published: 16 August 2012
...Niamh Moloney, Supervision in the Wake of the Financial Crisis: Achieving Effective ‘Law in Action’—A Challenge for the EU . In: Financial Regulation and Supervision: A Post-Crisis Analysis . Edited by Eddy Wymeersch, Klaus J. Hopt and Guido Ferrarini, Oxford...
Chapter
Jumping Bunnies and Legal Rules: The Organizational Sociologist and the Legal Scholar Should Be Friends
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Issa Kohler-Hausmann
Published: 31 March 2017
...In this chapter, Issa Kohler-Hausmann calls for a thicker understanding of the criminal system. She cautions against the framework of surprise, in which we waste precious time dissecting the “surprising” fact that “law in action” diverges from “law on the books.” Instead, she reminds us that law...
Chapter
Framing “Law and Society” in the Roman World
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Janne Pölönen
Published: 02 November 2016
... . Leipzig. Momigliano, A. ( 1964 ). “ The consequences of new trends in the history of ancient law. ” Rivista Storica Italiana 76: 133–149. Nelken, D. ( 1984 ). “ Law in action or living law? Back to the beginning in sociology of law. ” Legal Studies 4...
Chapter
Conclusions
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Stilt Talar
Published: 12 January 2012
... of an understanding of Islamic law in action. Further broadening from future studies to current events, the Conclusions explain how the lessons of the book contribute to efforts to understand the practice of Islamic law today and in particular how the central issues in this historical study can be used to inform...
Chapter
Prosecutorial Discretion: A Mechanism for Balancing Competing Goals
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Marjorie S. Zatz and Nancy Rodriguez
Published: 01 May 2015
.... The chapter contributes to understandings of street-level bureaucrats and the law in action. comprehensive immigration reform CIR Congress US Crane Chris deportation executive action Gulasekaram Pratheepan Immigration and Customs Enforcement ICE impeachment proceedings Ju Hong National Immigration...
Chapter
Judicial Remedies and Procedures
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Shyam Divan and Armin Rosencranz
Published: 25 August 2022
... or remedial costs from the violator; or (3) a common law tort action against the polluter. Among the civil remedies, the NGT is now the most popular. In addition, if the pollution amounts to a ‘public nuisance’, a remedy under the Criminal Procedure Code of 1973 is also available. Air Prevention and Control...
Chapter
Restatements and Realists
Robert W. Gordon
Published: 20 April 2023
... to discover the motivations of judges, and ethics and economics to assess the policy aims of the law and the actual consequences of the law in action (which incidentally would also require further research into the army of officials and laymen who applied it). Yet if fields of legal doctrine were really only...
Book
On the Basis of Race: How Higher Education Navigates Affirmative Action Policies
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Lauren S. Foley
Published online: 23 May 2024
Published in print: 26 September 2023
... and the literature on law-in-action. Studies of American constitutional and political development must develop a more robust framework to understand the institutional dynamics that determine how well law and policy are implemented in practice. Winning lawsuits, ballot initiatives, and the sought-after legal mandate...
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