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The role of Latin American courts in facilitating democracy and economic liberalization is considerable. But while national 'high courts' have been closely studied, the form, function, and empowerment of local courts are still not well understood. In Crafting Courts in New Democracies, Matthew C. Ingram fills this gap by examining the varying strength of local judicial institutions in Brazil and Mexico since the 1980s. Combining statistical analysis and in-depth qualitative research, Ingram offers a rich account of the politics that shape subnational court reform in the region's two largest democracies. In contrast to previous studies, theoretical emphasis is given to the influence of political ideas over the traditional focus on objective, material incentives. Exhaustively researched and rigorously presented, this book will appeal to scholars and policymakers interested in the judiciary, institutional change, Latin America, the causal role of ideas, justice reform, and the rule of law.
State courts --- Courts
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State courts --- Court administration --- Justice, Administration of --- State courts. --- States. --- U.S. states. --- United States. --- Law --- Regional and International Law
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The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
International commercial arbitration. --- Arbitrage commercial international --- Conflict of laws --- Arbitrage (Droit international privé) --- State courts --- Cours d'État --- International and municipal law --- Droit international et droit interne. --- Rule of law --- Règle de droit --- Arbitration and award. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Law and legislation --- Conflict of laws - Arbitration and award
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The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. 0This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. 'A Federal Right to Education' provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Right to education --- Educational equalization --- Law and legislation --- Right to learn --- Civil rights --- Education, Compulsory --- Education and state --- Educational law and legislation --- American dream. --- Constitution. --- Education Amendment. --- Latinas. --- Latinos. --- Spending Clause. --- Supreme Court. --- achievement gap. --- achievement gaps. --- adequacy litigation. --- adequate education. --- at-risk students. --- civic participation. --- constitutional amendment. --- constitutional interpretation. --- criminal justice. --- education federalism. --- education inadequacies. --- education inequality. --- educational opportunity gaps. --- educational opportunity. --- equal access to an excellent education. --- equal citizenship. --- equal education. --- equal educational opportunity. --- equal liberty. --- equal opportunity. --- equal protection. --- evidence-based reforms. --- excellent and equitable educational opportunity. --- federal education legislation. --- federal government. --- federal right to education. --- federal role in education. --- fiscal capacity. --- high-quality education. --- just society. --- libertystate constitutional rights. --- opportunity gap. --- opportunity gaps. --- opportunity to compete. --- originalism. --- political will. --- privileges and immunities. --- right to education. --- segregation. --- sovereignty. --- state constitutions. --- state courts. --- state education chiefs. --- state fiscal equity litigation. --- state legislatures. --- state school finance litigation. --- substantive due process.
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