The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The p…
"For students of the federal judiciary, the Supreme Court's encounter with the adverse-party requirement in the Defense of Marriage Act (DOMA) case, United States v. Windsor, was disappointing. The Court has rather dogmatically insisted that federal courts can hear only "definit…
As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controvers…
During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and …
"Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have b…
Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture on Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former Chilean President? Can it be legitimate or morally defensible for an Israeli court to …
Drawing on the essential premises of the Law of the Sea Convention as constitution of the oceans, this book looks into the ways it can be evolved to accommodate challenges to its regulatory scheme. It is suitable for those interested in the law of the sea and the structure of in…
Drawing on the essential premises of the Law of the Sea Convention as constitution of the oceans, this book looks into the ways it can be evolved to accommodate challenges to its regulatory scheme. It is suitable for those interested in the law of the sea and the structure of in…
The conduct of military forces is not limited to their territory. They are typically sent on missions that potentially affect civilians beyond the borders of the sending State. Under the European Convention, the linking factor bringing its protection into play is that of jurisdi…
Na justiça internacional muitos são os temas controversos e discutidos pela doutrina, no âmbito dos quais ainda não foi possível chegar a um consenso alargado. Os conflitos jurisdicionais, entre instâncias internacionais, são uma dessas temáticas. A isto, acresce o facto de esta…