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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The U.S. Supreme Court and the Modern Common Law Approach: Standards of Decision in Comparative Perspective

ISBN13: 9781107028050
Published: January 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £77.00
Paperback edition , ISBN13 9781316612866

Despatched in 6 to 8 days.

This book studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results.

This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.

Other Jurisdictions , USA
1. The U.S. Supreme Court's decision-making process: deciding when and what to decide
2. Personal jurisdiction
3. Forum non conveniens
4. Personal jurisdiction and forum non conveniens in a transnational context
5. Subject matter jurisdiction
6. A look abroad: is the U.S. Supreme Court's decision-making process unique?
7. Concluding remarks.