Anti-Money Laundering, Counter Financing Terrorism and Cybersecurity in the Banking Industry
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Diversifying the Courts
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Examines the decisions of US presidents to appoint judges from diverse backgrounds to federal courts In Diversifying the Courts, Nancy Scherer addresses why presidents choose--or don't choose--to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history--and politics--of court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.
The Gun, the Ship, and the Pen
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A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how--while advancing epic revolutions and enfranchising white males--constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone--inspired by the American Civil War--devised plans for self-governing nations in West Africa; and how Japan's Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that--with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels--retells the story of constitutional government and the evolution of ideas of what it means to be modern.
Indigenous legal issues : cases, materials, & commentary
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Originally published under title: Aboriginal legal issues. Toronto: Butterworths; Charlottesville, Va.: Michie, 1998.
Includes bibliographical reference and index.
"This comprehensive casebook surveys the most important issues in Canadian law concerning Indigenous peoples, contextualising them within their larger cultural, political and sociological framework. Also intended to be a general reference work for lawyers, judges, Indian chiefs and council members, Metis and Inuit leaders, and policy makers for governments and businesses who work with Indigenous people, it surveys the most important issues in Canadian law concerning Indigenous people. The materials also contain insights into questions courts have left unanswered, providing readers with ideas about how the law will develop in the future."
Law and mental health in Canada : cases and materials
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"This text brings together in a summary, yet comprehensive, way the field of mental health law. As a casebook, it is specifically suited to students in law school, articling students, and junior lawyers or lawyers newly interested in practicing any kind of mental health law in any jurisdiction in Canada"-
The law of affidavits
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"This is Canada's first book exclusively on affidavits, which documents have become the most prevalent and important form of evidence, either in Chambers or on Summary Trials. The focus of the text is on case law, legislation, and rules in British Columbia, but insights are applicable to practitioners across the country. The author has reviewed over a century of jurisprudence and an estimated 5,000 cases to produce the manuscript. Affidavits are the most common form of evidence in Canadian courts, but the applicable law is often not understood or ignored. There are countless cases in which Judges or Masters decry poorly drafted or incomplete affidavits. Drafting affidavits is an art, as is making objections to inadmissible affidavits. As Canada's first text exclusively about affidavits, this detailed reference book sets out the applicable case law and provides extensive technical guidance and best practices. Relying on the British Columbia Rules, which are similar to Rules across Canada in respect of affidavits, lawyers, Masters and Judges now have ready access to the law and jurisprudence on these important documents, with authorities cited from across Canada."
The Law of Subdivision Control in Ontario, Fourth Edition
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This indispensable and practical text helps you analyze and assess the validity of title and address any problems that may arise.
The new Fourth edition updates the law and practice, including
Updated case law and commentary
Updated legislation
The effect of land titles conversion and the automation and parcelization of title
A detailed section on the validation of title
Analysis of and recommended strategies for dealing with the complex problems that arise under section 50
Legal issues on Indigenous economic development
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Introduction -- Accommodation of Indigenous economic fishery interests -- Aboriginal title -- Treaties and duty of accommodation -- Economic development case studies -- Corporate structuring for Indigenous nations -- Impact benefit agreement considerations -- Financing -- Equitable compensation -- Reserve land development -- Taxation considerations -- Implementation of the free, prior and informed consent standard -- Indigenous values and sustainable development.
Sex Crimes
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Sex Crimes: Research and Realities, 2nd edition, provides succinct overviews and details of the research regarding sex crimes and the persons who commit them, dispelling common myths related to sex crimes that have been contradicted in the scientific literature in recent decades. Throughout the book, survivors of sexual violence are highlighted, including those who have engaged in activism leading to positive changes for victims of sexual violence or came forward with their stories of sexual victimization despite being told "nothing can be done." The book begins with a broad overview of the number and types of sex crimes that occur annually, then outlines several theories developed to explain sex crimes specifically, along with descriptions of popular criminological theories that have been applied to persons who have committed a sex crime. The next several chapters provide details regarding different types ofsex crimes. Subsequently, the authors provide an overview of juveniles and females who commitsex crimes, and of sex crimes that occur within an institution, such as college campuses and sports or youth organizations. New to this edition is a chapter that focuses on victims of sex crimes and the victimology of sexual violence. Attention is given to the nuances of investigating sex crimes and policies (such as registration and civil commitment laws) affecting persons who have committed a sex crime. The conclusion provides an overview of the myths regarding sex crimes and the persons who commit them, again with a summary of what research has unveiled while highlighting areas of recommended future research. This book is suitable for an undergraduate or graduate-level course for a variety of social science fields. It is invaluable for treatment providers, law enforcement officers, detectives, or policy makers.
Sexuality and Gender Diversity Rights in Southeast Asia
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The Austrian Codification of Administrative Procedure
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This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.
Belief in Marriage
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In principle, couples getting married in England and Wales can choose to do so in a way that reflects their beliefs. In practice, the possibility of doing so varies considerably depending on the religious or non-religious beliefs they hold. To demonstrate this divergence, this book draws on the accounts of 170 individuals who had, or led, a wedding ceremony outside the legal framework. The authors examine what these ceremonies can tell us about how couples want to marry, and what aspects of the current law preclude them from doing so. This new evidence shows how the current law does not reflect social understandings of what makes a wedding meaningful. As recommended by the Law Commission, reform is urgently needed.
Criminal Testimonial Injustice
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Through a detailed analysis that draws on work across philosophy, the law, and social psychology, Criminal Testimonial Injustice shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers' truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications to recantations from victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible.
Data at the Boundaries of European Law
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Data at the Boundaries of European Law represents an original and engaged piece of scholarship in an important and fast developing field of policy and research. Beyond, and including, the most recent major new pieces of EU legislation-the Data Governance Act, together with the Data Act and the AI Act still going through the legislative process-this book draws attention to the substance of a number of core themes of the relationship between law and the digital world that are still somewhat hidden. These themes include the mimetic regulatory trajectories in and around the GDPR, transparency, ownership, and accountability, as well as the translation of all of these into core areas of public law such as criminal law, migration law, and intellectual property law.
Ethical Dilemmas in the Global Defense Industry
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The defense industry develops, produces, and sells weapons that cause great harm. It operates at the intersection of the public and private sectors, with increased reliance on technology companies. Although such firms exist primarily to serve their host states, they routinely interact with foreign legal systems and diverse cultures. This context creates unique ethical challenges. That being the case, is the defense industry ethically defensible? How should it be regulated? How should it respond to worrisome technological developments such as autonomous weapons systems? How should business be conducted in countries where bribery is the norm? To what extent can this industry's intrinsic ethical problems be overcome? This book addresses such questions, bringing together the diverse perspectives of scholars and practitioners from academia, government service, the military, and the private sector. It aims to inform a discussion about the moral and legal challenges facing the global defense industry and to introduce solutions that are innovative, effective, and practical.
European Constitutional Imaginaries
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this "sense of legitimacy"? This book seeks to answer these questions through the concept of the "constitutional imaginary": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination. European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries. Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law.
A History of Securities Law in the Supreme Court
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A History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt--aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion--by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.
Human Dignity and Social Justice
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Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is it, why is it important, and what is its relationship to human rights and social justice? Pablo Gilabert offers a systematic defense of the view that human dignity is the moral heart of justice. In Human Dignity and Human Rights (OUP 2019), he advanced an account of human dignity for the context of human rights discourse, which covers the most urgent, basic claims of dignity. This book extends the dignitarian approach to more ambitious claims of maximal dignity of the kind encoded in democratic socialist conceptions of social justice. In particular, this book focuses on the just organization of working practices. It recasts in a dignitarian format the critique of capitalist society as involving exploitation, alienation, and domination of workers, and revamps a neglected but inspiring socialist principle. In its dignitarian interpretation, the Abilities/Needs Principle ("From each according to their ability, to each according to their needs!") yields reasonable and feasible requirements on social cooperation so that it solidaristically empowers each human being to lead a flourishing life. While Human Dignity and Human Rights offered the first systematic account of human dignity in human rights discourse, Human Dignity and Social Justice presents the first systematic application of the dignitarian framework to the core ideals of democratic socialism.
Intercreditor Equity in Sovereign Debt Restructuring
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The question of intercreditor equity is one of the most contentious issues in debt restructuring, both historically and today. Intercreditor Equity in Sovereign Debt Restructuring maps and establishes the content of these intercreditor equity rules, and analyses how they influence the restructuring process. Through this analysis, Astrid Iversen outlines how creditors can predict their legal rights in the unfortunate event of a debt restructuring and strives to improve our understanding of the boundaries within which a debt restructuring offer must be designed. Iversen also seeks to shed light on the functioning of the legal framework governing sovereign debt more broadly. In this book, she examines whether intercreditor equity rules and the legal framework of sovereign debt are compatible with a debtor state's responsibility to ensure monetary and financial stability and to establish sustainable debt burdens. Iversen also explores how certain intercreditor equity rules constitute an obstacle to sustainable debt restructurings and highlights how the number of different intercreditor equity rules that a sovereign debtor state typically is bound by, as well as the scope of these rules, risk tightening the policy space of debtor states to the extent that it is difficult to design and implement a sustainable debt restructuring. Suitable as an introductory text for readers new to the topic of sovereign debt restructurings, and as an instructive guide for debt management offices, creditors, and their lawyers, this publication provides a comprehensive legal study of intercreditor equity rules in sovereign debt restructuring.
Just Policing
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Policing is a source of perennial conflict and philosophical disagreement. Though the injustices of our world seemingly require some kind of policing, the police are often sources of injustice themselves. But this is not always a result of intentionally or negligently bad policing. Sometimes it is an unavoidable result of the injustices that emerge from interactions with other social systems. This raises an important question of just policing: how should police respond to the injustices built into the system? Just Policing attempts an answer, offering a theory of just policing in non-ideal contexts. Jake Monaghan argues that police discretion is not only unavoidable, but in light of non-ideal circumstances, valuable. This conflicts with a widespread but inchoate view of just policing, the legalist view that finds justice in faithful enforcement of the criminal code. But the criminal code leaves policing seriously underdetermined; full enforcement is neither possible nor desirable. So, police need an alternative normative framework for evaluating and guiding their exercise of power. Just Policing draws on research in political philosophy and the social sciences to engage a number of current controversies, both scholarly and popular, regarding the police. It critiques popular approaches to police abolitionism while defending normative limits on police power. The book offers a defense of police discretion against common objections and evaluates controversial issues in order maintenance, such as the policing of "vice" and homelessness, democratic control over policing, community policing initiatives, police collaborations and alternatives like mental health response teams, and possibilities for structural reform.
Madison's Militia
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This engaging history overturns the conventional wisdom about the Second Amendment--showing that the right to bear arms was not about protecting liberty but about preserving slavery. In Madison's Militia, Carl Bogus illuminates why James Madison and the First Congress included the right to bear arms in the Bill of Rights. Linking together dramatic accounts of slave uprisings and electric debates over whether the Constitution should be ratified, Bogus shows that--contrary to conventional wisdom--the fitting symbol of the Second Amendment is not the musket in the hands of the minuteman on Lexington Green but the musket wielded by a slave patrol member in the South. Bogus begins with a dramatic rendering of the showdown in Virginia between James Madison and his federalist allies, who were arguing for ratification of the new Constitution, and Patrick Henry and the antifederalists, who were arguing against it. Henry accused Madison of supporting a constitution that empowered Congress to disarm the militia, on which the South relied for slave control. The narrative then proceeds to the First Congress, where Madison had to make good a congressional campaign promise to write a Bill of Rights--and seizing that opportunity to solve the problem Henry had raised. Three other collections of stories--on slave insurrections, Revolutionary War battles, and the English Declaration of Rights--are skillfully woven into the narrative and show how arming ragtag militias was never the primary goal of the amendment. And as the puzzle pieces come together, even initially skeptical readers will be surprised by the completed picture: one that forcefully demonstrates that the Second Amendment was intended in the first instance to protect slaveholders from the people they owned.
Principles of Statutory Interpretation
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The interpretation of legal texts is, essentially, a question of judgement. But that judgement cannot be exercised arbitrarily, it must be exercised in accordance with the rule of law. In Principles of Statutory Interpretation, Richard Calnan explains these rules using seven defined principles that should be considered when interpreting legislation. The first principle of 'object intention' concerns establishing how a reasonable person would interpret the legislation. The second confirms that the actual text or words of the statute are the source of that objective intention. Principle 3 reminds us that words used must be interpreted given their role in the statute as a whole, and the fourth principle examines how that context may be judged. The fifth and sixth highlight that words should, generally, be given their natural meaning in statute, and for those words that are ambiguous, the approach is to apply the meaning that the legislature is most likely to have intended. However, the seventh principle recognises that there are circumstances when words are given a meaning which differs from their natural meaning. These principles are not a series of self-contained precepts which can be applied independently of each other, rather they need to be understood together. Principles of Statutory Interpretation, provides the reader with examples which illustrate how the various principles of statutory interpretation, work in practice
Public Health Law in Practice
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Public Health Law in Practice offers an accessible deep dive into public health law for public health students and practitioners with or without a legal background. It provides a detailed overview of the American legal system with clear explanation of the government's abilities and limitations to promote public health through policies and programs. Chapters further describe the influence of law by subject, with excerpts from real legal cases across topical areas like tobacco, firearms, reproductive health, and nutrition policies. The volume concludes with practical strategies for legislation drafting and coalition building with government and community groups. Enriched with insights into the inner workings of public health departments, Public Health Law in Practice is the crucial public health law textbook that prepares public health students for work in the field of public health outside the classroom.
Reflections
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Water is central to all life, but we use it to destroy. Water can nourish, but we use it to starve. It can cleanse and unify, but we ensure it contaminates and divides. The consequences of continuing to desecrate or beginning to restore water's inner grace are tremendous--and will reflect as much on us as portend our future. Drawing upon twenty-five years of professional work as a water engineer, negotiator, and scholar, Mark Zeitoun provides a unique insider's account of this phenomenon. He explains how unchecked assumptions about water mix with political and economic systems to create an insatiable and ruinous thirst for ever more water. He shows how we use water to lethal effect in wars, and demolish drinking-water systems with wanton disregard. He questions why we transform the most majestic of rivers into canals which spark international conflict and challenge our capacity for preventative diplomacy. The answers reflect more about our society than we might care to admit. If we are to restore water's inner grace, Zeitoun argues, we should worry not so much about "saving" water, but think about what we do with it when it is in our hands.
The Right to Exclude
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In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Sexual Assault
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Sexual assault law has been undergoing significant shifts around the world. Traditional criminal laws against sexual assault had a narrow scope: they targeted rape as coerced sexual intercourse, and they defined coercion as physical violence or threats with physical violence. Modern offense descriptions are tracing a change in the logic and structure of criminal laws against sexual assault from the offenders' violence to the victims' lack of consent as the keyfeature of criminal wrongdoing. However, there are clear and marked differences regarding the offence descriptions in substantive criminal laws in various jurisdictions. SexualAssault: Law Reform in a Comparative Perspective provides an overview of the debates surrounding the concept and definition of sexual consent, comparing the context and content of law reform in six countries: Canada, England and Wales, Germany, Sweden, the U.S. (concentrating on the American Law Institute's Model Penal Code), and Spain. Leading scholars in the field also analyse the normative questions that arise once the notion of consent gains centre stage. The overall purpose is toassess whether the new generation of criminal prohibitions reflect coherent and convincing concepts of sexual autonomy and consent, and what could be considered the best models for future law reform.
Sovereignty Across Generations
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Every cohort of voters may dream of being 'the people' under the sway of serial visions of sovereignty; or understand itself, more modestly, as co-author of a constitutional project in a cross-generational sequence rooted in the past and extending into the future. Sovereignty Across Generations offers a theory of democratic sovereignty and constituent power grounded in John Rawls's political liberalism. Neither exegetic nor abstractly analytic, this book assumes that 'political liberalism' is broader than Political Liberalism. In answering the question 'How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable religious, philosophical, and moral doctrines?', the paradigm implicit in Political Liberalism enables us to address facets of that question that Rawls sidelined in the context of his time. Following populist threats to democracy, which were still latent in 1993, this book responds to the urgency of clarifying the proper relation of 'the people' (as transgenerational author of the constitution) to its pro-tempore living segment in its capacity as electorate and as co-author of the constitution. An explanation of that relation brings 'constituent power' into the picture and unfolds in seven steps that form the conceptual backbone of this book. By taking new steps in updating and revisiting political liberalism, this book reconstructs Rawls's implicit view of constituent power beyond the pages dedicated to it in Political Liberalism and brings that view into conversation with major constitutional theories of the twentieth century. This book is a must read for all those interested in the fields of politics, philosophy, and constitutional law.
State Responsibility for ),Modern Slavery)` in Human Rights Law
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What is 'modern slavery' and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing 'modern slavery' DS a diverse set of practices usually perpetrated by non-state actors DS against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the 'absolute' nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.
Tax Crimes and Enforcement in the European Union
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. EU member states lose hundreds of billions of euros to tax evasion every year. Tax crimes have a significant impact on the functioning of national and international economies and on the global financial system. Not only do they affect the actors involved and the state that has been deprived of tax revenues, but the citizens of those states suffer too. Tax Crimes and Enforcement in the European Union presents the findings of the EU-funded PROTAX project. Chapters written by leading experts discuss EU and national legal measures and institutional practices to counter anti-money laundering, corruption, organised crime, and tax evasion. Human factors and their role in countering tax crimes are also considered as well as whistleblower protection legislation which gives readers a rounded view of current practices within the EU. This book provides a timely and valuable comparative study of the legal and institutional background of the prosecution of tax crimes, as well as an analysis of legal measures and institutional practices to combat tax crimes on national and EU levels. It also contributes to the development of an advanced European Security Model for understanding human factors in countering tax crimes. It equips policy makers and law enforcement agencies with the dynamic toolkit they need to improve their understanding of tax crimes in the EU and provides solutions for preventing, detecting, and investigating tax crimes.
Widows under Hindu Law
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During British colonial rule in India, the treatment of high-caste Hindu widows became the subject of great controversy. Such women were not permitted to remarry and were offered two options: a life of seclusion and rigorous asceticism or death on the funeral pyre of a deceased husband. Was this a modern development, or did it date from the classical period? In this book, David Brick offers an exhaustive history of the treatment and status of widows under classical Hindu law, or Dharmasastra as it is called in Sanskrit, which spanned approximately the third century BCE to the eighteenth-century CE. Under Dharmasastra, Hindu jurists treated at length and at times hotly debated four widow-related issues: widow remarriage and levirate, a widow's right to inherit her husband's estate, widow-asceticism, and sati. Each of the book's chapters examine these issues in depth, concluding with an appendix that addresses a widow's right to adopt a son-a fifth widow-related issue that became the topic of discussion in late Dharmasastra works and was a significant point of legal contentions during the colonial period. When read critically and historically, works of Dharmasastra provide a long and detailed record of the prevailing legal and social norms of high-caste Hindu society. Widows Under Hindu Law uses lengthy English translations of important passages from Hindu legal texts to present a largescale narrative of the treatment of widows under the Hindu legal tradition. This is an open access title. It is available to read and download as a free PDF version on the Oxford Academic platform. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.
