نتائج البحث - (cases OR case) judicially considered

Common market law reports: antitrust حسب Elena,S. (editor)

الموضوعات:

Effective legal research حسب Knowles, John

جدول المحتويات: "…Acknowledgments xi Preface xii 1 Making the Most of a Law Library Introduction 1 (1) The Library Catalogue 2 (1) Books 3 (4) E-books 4 (1) Searching the library catalogue 5 (1) Finding and borrowing books 6 (1) Law Reports and Journals 7 (3) Abbreviations 8 (1) Tracing journals and law reports 9 (1) Reference Sources 10 Dictionaries 11 (1) Tracing people and addresses 12 2 Using Online Sources of Law Introduction 1 (1) Subscription Database Providers 2 (6) LexisNexis Butterworths 3 (1) Westlaw UK 4 (1) Lawtel 5 (1) Justis Publishing 6 (1) Jordans Publishing 7 (1) Accessing Subscription Databases 8 (3) Usernames and passwords 9 (1) Library portals 10 (1) Database Searching 11 (1) Free Sources of Law on the Intemet 12 (4) Statute Law Database 13 (1) OPSI 14 (1) Bailii 15 (1) Internet Gateways 16 (1) When to Use Print Sources 17 (1) Combining Print and Electronic Sources 18 (1) CD-ROMS 19 3 Law Reports Introduction 1 (1) The History of Law Reports 2 (1) Citation of Law Reports 3 (2) Neutral citations 4 (1) How to Find the Meaning of Abbreviations 5 (1) Format of Law Reports 6 (1) Recent Law Reports 7 (3) Finding recent law reports online 8 (1) Finding recent law reports in print 9 (1) The Law Reports Series 10 (1) Older Law Reports 11 (3) How to use the English Reports 12 (1) Other older law reports 13 (1) How to Find a Reported Case When You Only Know Its Name 14 (5) How to use the Westlaw UK Cases search 15 (1) How to use the Current Law Case Citators 16 (1) How to trace a case in The Digest 17 (1) Tracing a case through the indexes in law reports 18 (1) Recent Unreported Judgments 19 (2) How to find recent judgments 20 (1) Summary: How To Find a Case How To Trace Journal Articles and Commentaries on a Case 21 (1) How to find Updates on Recent Cases 22 (1) European Human Rights Case Law 23 (4) Tracing European Convention case law 24 (1) Printed Judgments and decisions 25 (1) Other sources of European human rights law 26 (1) Tribunals 27 Social welfare law 28 (1) Reported decisions of other tribunals 29 4 Legislation Introduction 1 (1) The Structure of an Act 2 (3) Citation of statutes 3 (1) Citation of the names of monarchs and their regnal years 4 (1) Modern Statutes 5 (12) Official sources of statutes as originally enacted 6 (1) Alternative sources for the official text of statutes 7 (1) BAILII United Kingdom Statutes 8 (1) Justis UK Statutes 9 (1) Law Reports: Statutes 10 (1) Current Law Statutes Annotated 11 (1) Sources of statutes as currently in force 12 (1) LexisNexis Butterworths Legislation search 13 (1) Westlaw UK Legislation search 14 (1) Statute Law Database 15 (1) Halsbury's Statutes of England 16 (1) Tracing commencements, amendments and relevant case law 17 (4) How to use the Westlaw UK Legislation search 18 (1) How to use the Current Law Legislation Citator 19 (1) Chronological Table of Statutes 20 (1) Older Statutes 21 (4) Statutes of the Realm 22 (1) Statutes at Large 23 (1) Acts and Ordinances of the Interregnum 24 (1) Local and Personal Acts 25 (1) Statutory Instruments 26 Citation of statutory instruments 27 (1) Tracing statutory instruments 28 (1) Halsbury's Statutory instruments 29 (1) Checking whether a statutory instrument is in force or has been amended 30 (1) Tracing statutory instruments made under a particular act 31 (1) Wales legislation 32 5 Journals Types of Journals 1 (2) Online access to journals 2 (1) Finding a Journal Article Online if You Already Have a Reference 3 (1) Finding a Journal Article in the Library 4 (1) Tracing Articles in Legal Journals 5 (7) Legal Journals Index 6 (1) Index to Legal Periodicals and Books 7 (1) Lawtel 8 (1) Index to Foreign Legal Periodicals 9 (1) Legal Resource Index (LegalTrac) 10 (1) Halsbury's Laws 11 (1) Tracing Law Related Journal Articles 12 (10) Index to Legal Periodicals Related to Law 13 (1) Applied Social Sciences Index and Abstracts 14 (1) British Humanlties Index 15 (1) Social Sciences Index 16 (1) Psychological Abstracts (PsycINFO) 17 (1) International Bibliography of the Social Sciences (IBSS) 18 (1) The Philosopher's Index 19 (1) Sociological Abstracts 20 (1) Social Sciences Citation Index 21 (1) Newspaper Articles 22 (1) Locating Journals From Other Libraries 23 6 Uk Official Publications Introduction 1 (1) Parliamentary Publications 2 (11) Command papers 3 (1) Citation and location of Command Papers 4 (1) Papers of the House of Lords and House of Commons 5 (1) Bills 6 (1) Stages in the passage of a Bill 7 (1) Changes to the text of a Bill 8 (1) Tracing recent Bills 9 (1) Tracing older Bills 10 (1) Parliamentary debates 11 (1) Using online sources to trace debates on a Bill 12 (1) Non-Parliamentary Publications 13 (1) Tracing Official Publications 14 Stationery Office catalogues, indexes and website 15 (1) Other sources for tracing official publications 16 (1) Tracing Law Commission Reports and Working Papers 17 (1) Tracing press releases 18 (1) Tracing statistics 19 7 How to Find Information on a Subject Introduction 1 (1) Legal Encyclopedias 2 (6) Halsbury's Laws of England 3 (1) How to use Halsbury's Laws online 4 (1) How to use Halsbury's Laws in print 5 (1) Specialised encyclopedias 6 (1) Precedent books and rule books 7 (1) Tracing Cases on a Subject 8 (10) How to use the Westlaw UK Subject/Keyword search 9 (1) How to use full-text databases of case law 10 (1) How to use databases of recent judgments 11 (1) How to use the Current Law Monthly Digest 12 (1) How to use the Current Law Year Books 13 (1) The Digest 14 (1) How to use the Digest to trace cases on a subject 15 (1) How to use individual indexes to series of law reports to trace cases on a subject 16 (1) Finding updates to recent cases by subject 17 (1) Tracing the Subsequent Judicial History of a Case 18 (1) How to Find Words and Phrases Judicially Considered 19 (1) How to Trace Statutes on a Subject 20 (5) How to use full-text databases of legislation 21 (1) Other online sources for tracing legislation by subject 22 (1) Halsbury's Statutes of England 23 (1) Other print sources for tracing legislation on a subject 24 (1) How to Trace Statutory Instruments on a Subject 25 (4) Online sources for tracing statutory Instruments 26 (1) Halsbury's Statutory Instruments 27 (1) Tracing recent statutory instruments 28 (1) Finding Books on a Subject 29 (9) Legal bibliographies 30 (1) D. …"

Principles of alternative dispute resolution / حسب Ware, Stephen J.

جدول المحتويات: "…Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? …"

Professional responsibility in a nutshell / حسب Aronson, Robert H.

جدول المحتويات: "…C. § 455 460 (4) Disqualification in Particular Types of Cases 464 (3) Appearance of Impropriety 467 (1) Adjudicative and Administrative Responsibilities 468 (4) Adjudicative Responsibilities 468 (3) Administrative Responsibilities 471 (1) Quasi-Judicial Activities 472 (1) Extra-Judicial Activities 473 (1) Judicial Selection 473 (5) The Lawyer as Public Leader and Law Reformer 478 (6) Introduction 478 (1) Duty to Improve the Legal System 479 (3) Training for Policy-Making 482 (1) Conclusion 483 (1) The Lawyer and the Legislature 484 (11) Lawyer as Legislator 484 (8) Honesty 485 (1) Conflict of Interest 486 (2) Advertising 488 (2) Limitations on the Lawyer-Legislator's Firm 490 (1) Limitations After Leaving Legislative Office 491 (1) Lawyer as Staff Counsel to the Legislature 492 (1) Lawyer as Lobbyist 493 (2) Professional vs. …"

Selecting international judges : principle, process, and politics /