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The First Council of Ephesus (431) was the climax of the so-called Nestorian Controversy. Convoked by the emperor Theodosius II to restore peace to the Church, it immediately divided into two rival councils, both meeting at Ephesus. Attempts by the emperor's representatives to get the bishops on both sides to meet together had no success, and after four months the council was dissolved without having ever properly met. But a number of decrees by the larger of the two rival councils, in particular the condemnation of Nestorius of Constantinople, were subsequently accepted as the valid decrees of the 'ecumenical council of Ephesus'. The documentation, consisting of conciliar proceedings, letters and other documents, provides information not only about events in Ephesus itself, but also about lobbying and public demonstrations in Constantinople. There is no episode in late Roman history where we are so well informed about how politics were conducted in the imperial capital. This makes the Acts a document of first importance for the history of the Later Roman Empire as well for that of the Church.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Ancient Documents and their Contexts contains the proceedings of the First North American Congress of Greek and Latin Epigraphy (San Antonio, Texas, 4-5 January 2011). It gathers seventeen papers presented by scholars from North America, Europe, and Australia at the first formal meeting of classical epigraphists sponsored by the American Society of Greek and Latin Epigraphy. Ranging from technical discussions of epigraphic formulae and palaeography to broad consideration of inscriptions as social documents and visual records, the topics and approaches represented reflect the variety of ways that Greek and Latin inscriptions are studied in North America today. Contributors are: Bradley J. Bitner, Sarah Bolmarcich, Ilaria Bultrighini, Patricia A. Butz, Werner Eck, John Friend, Peter Keegan, Jinyu Liu, Kevin McMahon, John Nicols, Nadya Popov-Reynolds, Carolynn E. Roncaglia, Stephen V. Tracy, Dennis E. Trout, Georgia Tsouvala, Steven L. Tuck, and Arden Williams.