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This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

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Winning at Litigation through Decision Analysis

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This book is the first in-depth guide to applying the philosophy, theory, and methods of decision analysis to creating and executing winning legal strategies. With explanations that progress from introductory to advanced and practice problems at the end of each chapter, this is a book the reader will want to use and refer to for years to come. Practicing decision analysts, operations research and management science students, attorneys and law students will find this book an invaluable addition to their knowledge and skills. John Celona has over three decades of experience in teaching and applying decision analysis. John lectures in the School of Engineering at Stanford University and is on faculty at The Stanford Center for Professional Development, the American Course on Drug Development and Regulatory Sciences, and the Academy of the American Society for Healthcare Risk Management.

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Litigation-PR: Alles was Recht ist

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Der vorliegende programmatische Sammelband fasst die aktuelle Diskussion um die Bedeutung und Funktion der strategischen Rechtskommunikation zusammen. Ausgehend vom amerikanischen Vorbild hat sich die Öffentlichkeitsarbeit in und um Gerichtsverfahren in Deutschland und Europa deutlich professionalisiert und ausgeweitet – auch auf Staatsanwaltschaften und Gerichte. Im vorliegenden Band kommen wichtige Vertreter der theoretischen Fundierung und Weiterentwicklung des Feldes ebenso zu Wort wie die führenden Stimmen der Praxis auf Seiten des Journalismus, der Staatsanwaltschaften bzw. Gerichte und der Beratung. Damit liefert das Buch die erste umfassende Darstellung des Status quo der Litigation-PR im deutschen Sprachraum. Englischsprachige Abstracts und ein Stichwortverzeichnis machen den Band auch als Nachschlagewerk nutzbar. Mit Beiträgen von Alice Schwarzer, James Haggerty, Ines Heinrich, Mark Eisenegger, Hans Mathias Kepplinger, Volker Boehme-Neßler, Joachim Jahn, Brigitte Koppenhöfer, Ansgar Thiessen, Alexander Bräunig, Gerson Trüg, Marco Mansdörfer, Andreas Köhler, Nadine Remus, Dietrich Schulze van Loon, Tom Odebrecht, Martin Huff, Ulrike Penz, Hartwin Möhrle, Stephan Holzinger, Alexander Unverzagt, Claudia Gips, Peter Zolling, Anton Bühl, Patricia Langen und Per Christiansen.

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Civil Litigation in a Globalising World

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Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

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