15 Years of the UNESCO Diversity of Cultural Expressions Convention by
This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention's law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.
After Misogyny by
A rigorous analysis of systemic misogyny in the law and a thoughtful exploration of the tools needed to transcend it through constitutional change beyond litigation in the courts. Just as racism is embedded in the legal system, so is misogyny--even after the law proclaims gender equality and criminally punishes violence against women. In After Misogyny, Julie C. Suk shows that misogyny lies not in animus but in the overempowerment of men and the overentitlement of society to women's unpaid labor and undervalued contributions. This is a book about misogyny without misogynists. From antidiscrimination law to abortion bans, the law fails women by keeping society's dependence on women's sacrifices invisible. Via a tour of constitutional change around the world, After Misogyny shows how to remake constitutional democracy. Women across the globe are going beyond the antidiscrimination paradigm of American legal feminism and fundamentally resetting baseline norms and entitlements. That process, what Suk calls a "constitutionalism of care," builds the public infrastructure that women's reproductive work has long made possible for free.
Arbitration: the Art and Science of Persuasion by
Effective persuasion is an art; an art which can be learned and perfected with practice and insight into human behaviour. This innovative book, written for lawyers and those interested in the science of persuasion in a legal setting, is the first to explain how key concepts from psychology, sociology, and communication science can be productively applied to the art of persuasion in international dispute resolution. Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration. Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice.
Canadian guide to uniform legal citation,10th Edition by
Now in its 10th edition, the Canadian Guide to Uniform Legal Citation provides a straightforward, uniform approach to the citation of case law, legislation, periodicals, monographs, government documents, online sources, and other secondary materials across all jurisdictions. This guide has been officially adopted by courts and major law reviews across the country, establishing itself as an important tool for legal research and writing. The McGill Guide is a bilingual and bijuridical guide to the citation of legal materials.
Commonwealth Caribbean tort law by
"Commonwealth Caribbean Tort Law is well established as the leading text on tort law in the Caribbean jurisdictions, now updated in its sixth edition. This new edition sees the addition of co-author Dr Natalie Corthesy. It introduces a brand-new chapter on the nature of personality rights, with a strong focus on passing off and suggested solutions to redress the issues. All chapters have been updated to reflect ever-changing developments in jurisprudence, legislation and legal thinking, including revisions of the special contribution on the Misuse of Private Information by Dr Vanessa Kodilinye. Commonwealth Caribbean Tort Law is ideally suited for LLB courses in Caribbean universities and law students studying modules on Caribbean Law, as well as students undertaking the CAPE Law examinations. Legal practitioners, business executives and industrialists working on the legal aspects of these areas will also find this book useful"
A Comparative Analysis of Tax Administration in Asia and the Pacific by
Better tax systems enable recovery from the impact of COVID-19, and progress towards Sustainable Development Goals. Analyzing the tax systems of 40 economies in Asia and the Pacific, this report explores ways to improve their efficiency. For ADB members in Asia and the Pacific, stronger tax systems are now more important than ever--to boost revenues enabling recovery from the economic shocks of COVID-19, and to reinforce implementation of Sustainable Development Goals. Using comparative data up to the fiscal year 2020, and drawing from the International Survey on Revenue Administration (ISORA 2021), this sixth edition in the series analyzes the administrative setups and performance of revenue bodies in 40 economies across the region--to help governments and officials identify promising options for building more efficient, inclusive tax systems.
Comparing Law by
Our society has never been so internationally connected. Companies operate worldwide, retail shelves are filled with products from far and wide, people travel like never before and maintain contacts from Afghanistan to Zimbabwe. Distant countries have never been so close. Anyone who is practising law today cannot escape this and will increasingly be confronted with cross-border legal issues. Therefore, today's jurists are expected to have knowledge of their own legal system as well as the law of foreign countries. For this reason, comparative law is integrated today in nearly every law programme at university. Comparing Lawoffers you an introduction to comparative law. What is comparative law? Why do we compare law and, above all, what methodology does the discipline adopt? These and many other questions are discussed in Part 1 on law comparison as methodology and science. Further parts introduce you to the law of some key jurisdictions. A selection of European countries, such as the UK, France and Germany are covered along with Belgium and the Netherlands. Not only global players, such as the United States, Russia, China, Japan, India and Brazil, are highlighted, but the law of Israel, Islamic law and African legal systems are presented as well. Last but not least, comparative law in practice is also illustrated by approaching a number of topics - both of public law and private law - in a comparative way. Danny Pieters and Bert Demarsin help the reader to understand and appreciate how the law differs from country to country. Enjoy this fascinating and comparative journey of discovery through the world and its legal systems.
The Complexities of American Indian Identity in the Twenty-First Century by
Drawing on data and stories from Native 24/7, a 5-year, 700-particpant social investigation of Indigenous identity, the authors document what Native people believe characterizes, constitutes, and contributes to contemporary Native identities.
Constitutionalism 2030 by
Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the "Crisis of Constitutionalism" unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.
The Corporate Diversity Jigsaw by
Although diversity in companies is a topic of great interest, significant aspects of the issue are often left out of the debate. The Corporate Diversity Jigsaw connects all the dots so that steps taken to address issues of diversity in business organisations can be more effective. Akshaya Kamalnath offers a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter. After a critical assessment of quotas and disclosure requirements across jurisdictions, she provides a different way to solve the problem, by encouraging companies to make improvements to their culture and internal processes. This timely book offers a balanced analysis, practical solutions, and fresh perspectives on how corporate culture and social movements impact diversity efforts.
Crime, deviance, and social control in the 21st century : a justice and rights perspective by
Includes bibliographical references and index.
"Crime, Deviance and Social Control in the 21st Century: A Social Justice Perspective seeks to go beyond traditional crime texts and introduce the reader to the study of crime, deviance and social control from a social justice and power interest perspective. It will provide comprehensive coverage of 21st Century issues in the study of deviance and control in a technological society, including current issues that haven't traditionally been given adequate coverage in current texts, such as the criminalization of dissent, the changing nature of what constitutes deviance, internet hate, self-harming, transgender identities, the growing rise of transnational criminal enterprises, internet fraud, current forms of enslavement, and the increased public attention on police practices
Critical Race Theory, Fourth Edition by
A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K-12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.
Critical race theory and the American justice system : how juries wrestle with racial prejudice by
When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives.
Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn’t even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and “Roddie” William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.
Decolonisation and Legal Knowledge by
The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law.It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
Fair Trial Rights and Multilingualism in Africa by
This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a language fair trial rights code. By way of jurisprudential analysis and scrutiny of constitutional imperatives and examination of legislation among the respective jurisdictions from the Sahel region, to the Horn of Africa, and the Cape, this publication presents peculiar country-specific practices and common standards aiming towards the realisation of a fair trial in a multilingual context. The exceptionally multilingual nature of legal processes in Africa makes the standards in the region instructive in the progression towards a universal language fair trial rights code. The book reveals valuable lessons across jurisdictions, including those outside Africa, and suggests measures that may be taken to improve existing approaches. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Language, Legal Linguistics, Forensic Linguistics, Criminal Justice, and Comparative Law.
Family mediation and family arbitration for the self-represented : perspectives of a practitioner and trainer by
This book focuses on the practical and procedural aspects of practice with some reference to the literature and scholarship in this area.
The Five Types of Legal Argument by
Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. Huhn describes and explains how lawyers use logic, reasoning by analogy, and policy analysis in resolving progressively more difficult cases. The fourth edition of the book includes new chapters that illustrate policy arguments through the use of graphs and advises law students how to answer essay exam questions. The Core Knowledge content for this book will be available for use in fall 2023.
Gender, Property and Politics in the Pacific by
Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.
Intellectual Property Law by
Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enablingreaders to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.Digital formats and resourcesThe sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
In the public eye : privacy, personal information, and high stakes litigation in the Canadian public sector by
This book is primarily intended to guide public bodies on the best practices to adopt to avoid, mitigate and, if need be, defend against a public-sector personal-information class actions. It also explores some of the more philosophical questions to which this form of legal action in the public sector gives rise. It reviews and compares the access to information and personal-information protection regimes applicable to federal and provincial public sector entities across Canada in the context of class actions. It also addresses personal health-information processing across Canada. The work is divided into four parts. It begins by reviewing the legislation applicable to personal -information protection in the public sector – including the health care sector- and to class actions. It then addresses certain governance issues that recent legislation and technology have rendered imperative. The third and fourth parts discuss operational challenges posed by present and emerging technologies that, if not addressed appropriately, will expose entities to legal action. It suggests measures that can be implemented to mitigate damages in these areas. The concluding chapter revisits the concepts of privacy and personal information and calls for a re-examination of how legislators define and protect the information that is intimately linked to an individual’s biographical core.
Jesintel by
Dynamic and diverse, Coast Salish culture is bound together by shared values and relations that generate a resilient worldview. Jesintel?"to learn and grow together"?characterizes the spirit of this book, which brings the cultural teachings of nineteen elders to new generations. Featuring interviews that share powerful experiences and stories, Jesintel illuminates the importance of ethical reciprocal relationships and the interconnectedness of places, land, water, and the spirit within all things. Elders offer their perspectives on language revitalization, Coast Salish family values and naming practices, salmon, sovereignty, canoe racing, and storytelling. They also share traumatic memories, including of their boarding school experiences and the epidemics that ravished their communities. Jesintel highlights the importance of maintaining relations and traditions in the face of ongoing struggles. Collaboration is at the heart of this work and informs how the editors and community came together to honor the boundless relations of Coast Salish people and their territories. Elders Interviewed: Tom Sampson (Tsartlip First Nation) Virginia Cross (Muckleshoot Tribe) Ernestine Gensaw (Lummi Nation) Steve and Gwen Point (Stó:l? Nation) Gene and Wendy Harry (Malahat Nation) Claude Wilbur (Swinomish Tribe) Richard Solomon (Lummi Nation) Elaine Grinell (Jamestown S?Klallam Tribe) Arvid Charlie (Cowichan Nation) Amy George (Tsleil-Waututh Nation) Nancy Shippentower (Nisqually Tribe) Nolan Charles (Musqueam Indian Band) Andy de los Angeles (Snoqualmie Tribe) Jewell James (Lummi Nation) Kenny Moses Sr. Family (Tulalip Tribal Nation) Ramona Morris (Lummi Nation)
A journey of love and hope : the inspirational words of a Mi'kmaw Elder / Elder Sister Dorothy Moore. by
"Mi'kmaw Elder Sister Dorothy Moore has spent a lifetime advocating for the rights of her people. As a well-known educator and a survivor of the Shubenacadie Indian Residential School, she has broken down systemic barriers, leading the Mi'kmaq to access all levels of education, and worked tirelessly to reclaim and promote Indigenous ways of knowing and being. In A Journey of Love and Hope, Sister Dorothy's words are collected in print, as she originally spoke them, for the first time. Included are speeches, talks, presentations, and ceremonies delivered between 1985 and 2015 to universities, government departments, and Indigenous organizations and gatherings. Thematic sections include Culture and Language, Spirituality, Racism, Education, and Prayers and Ceremonies, framed by Ikantek (introductions) from well-known Mi'kmaw writers and educators, as well as an Associate Sister of the Sisters of St Martha. Sister Dorothy's talks and presentations will inspire and serve to disrupt the dominant narratives of complex Indigenous issues such as colonialism, oppression, racism, and discrimination. A Journey of Love and Hope gives a voice to Mi'kmaw lived experiences and provides a valuable resource for use in schools, postsecondary education institutions, and communities. Her words are an inspiration to all Treaty people. Features original illustrations by celebrated Mi'kmaw artist Gerald Gloade and appendices, including a complete list of Sister Moore's talks and presentations and a timeline of life events."
Justice and Authority in Immigration Law by
This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.
Key developments in environmental law by
Chapter 1: Ban or Recycle? The Evolving Legal Landscape of Plastics Regulation in Canada -- Chapter 2: Can you Dig it? Ongoing Changes to Regulating Excess Soils in British Columbia, Ontario, Québec, and Alberta -- Chapter 3: Alberta Court Rules that the Impact Assessment Act is Unconstitutional -- Chapter 4: Directorial Responsibility for End-of-Life Oil and Gas Liabilities: an Overview of Current Legal Requirements and Recent Developments -- Chapter 5: Environment, Social and Governance Litigation -- Chapter 6: Greenwashing: Regulation of Environmental Advertising in Canada -- Chapter 7: Regulatory Prosecutions and Administrative Moneytary Penalties: Refining Their Use -- Chapter 8: Law, Science and Public Opinion: The Federal Court of Canada Affirms the CNSC Licencing Decision to Move Nuclear Fuel Pelleting to Peterborough.
The law of professional regulation by
"The Law of Professional Regulation, 2nd Edition is a comprehensive textbook about professional regulation and potential liability of regulatory bodies. This unique resource reviews relevant court and tribunal decisions since 2004, discusses long-standing principles which guide these decisions, and provides an in-depth discussion of the procedural elements of professional regulatory offences. In this second edition, author Bryan Salte comments the many changes that have occurred since the first edition, including the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov."
Lawyers and the Rule of Law by
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021.Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
The legal professional career guide by
"The Legal Professional Career Guide is designed specifically for non-lawyers who are preparing to embark on a career in the legal field, whether as a paralegal, legal assistant, or law clerk. The handbook will introduce students to the legal landscape in their province or territory, guiding them through the various roles available and types of organizations to work for as a legal professional, while helping them to recognize how their past education and experiences fit those roles. They will learn how to conduct a job search efficiently, how to understand job postings, and how to tailor their cover letter and resume to those job postings.
Legal Systems of the Pacific by
This book provides an overview of the legal systems of a selection of Pacific Island countries. It gives a general outline of each system, with emphasis on particularities and matters of current special interest, such as climate change and the environment. It offers easy reference and information about where to find more information on specific aspects of the legal system in each of those jurisdictions.With no new books written on these legal systems, namely the Cook Islands, Fiji, French Polynesia, Kiribati, Nauru, New Caledonia, Niue, Papua New Guinea, Pitcairn, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna, for nearly 30 years, Legal Systems of the Pacific fills a gap in the literature and offers an 'insider' perspective on the legal system, with the majority of authors being indigenous or long-term residents of the countries in question.
Never Far from Home by
Microsoft's associate general counsel shares this story that is "as nuanced as it is hopeful" (Hakeem Jeffries, House Minority Leader) about his rise from childhood poverty in pre-gentrified New York City to a stellar career at the top of the technology and music industries in this stirring true story of grit and perseverance. For fans of Indra Nooyi's My Life in Full and Viola Davis's Finding Me. As an accomplished Microsoft executive, Bruce Jackson handles billions of dollars of commerce as its associate general counsel while he plays a crucial role in the company's corporate diversity efforts. But few of his colleagues can understand the weight he carries with him to the office each day. He kept his past hidden from sight as he ascended the corporate ladder but shares it in full for the first time here. Born in Crown Heights, Brooklyn, Jackson moved to Manhattan's Amsterdam housing projects as a child, where he had already been falsely accused and arrested for robbery by the age of ten. At the age of fifteen, he witnessed the homicide of his close friend. Taken in by the criminal justice system, seduced by a burgeoning drug trade, and burdened by a fractured, impoverished home life, Jackson stood on the edge of failure. But he was saved by an offer. That offer set him on a better path, off the streets and eventually on the way to Georgetown Law, but not without hard knocks along the way. But even as he racked up professional accomplishments, Jackson is still haunted by the unchanged world outside his office. From public housing to working for Microsoft's president, Brad Smith, and its founder, Bill Gates, to advising some of the biggest stars in music, Bruce Jackson's Never Far from Home reveals the ups and downs of an incredible journey, how he overcame many obstacles and the valuable lessons learned along the way.
News-reporting and ideology in 17th-century English murder pamphlets : from paratext to text by
This book follows the evolution of news reporting in 17th-century murder pamphlets and explores how persuasive discourse features were used, modified and re-adapted over the decades in order to bias people’s perception of crime and justice in relation to the ideological imperatives of the time. Originally presented as moralizing publications aimed at safeguarding the social well-being of the country, murder pamphlets became an object of political propaganda in the years of the Irish Rebellion and the English Civil War and developed into a gradually more secularized source of public information towards the end of the century.
The Pleasure of the Crown by
Anthropologists have traditionally studied Europe's "others" and the marginalized and excluded within Europe's and North America's boundaries. This book turns the anthropologist's spyglass in the opposite direction: on the law, the institution that quintessentially embodies and reproduces Western power. The Pleasure of the Crown offers a comprehensive look at how Canadian, particularly British Columbian, society "reveals itself" through its courtroom performances in Aboriginal title litigation. Rather than asking what cultural beliefs and practices First Nations draw on to support their appeals for legal recognition of Aboriginal title, Culhane asks what assumptions, beliefs, and cultural values the Crown relies on to assert and defend their claims to hold legitimate sovereignty and jurisdiction over lands and resources in B.C. What empirical evidence does the Crown present to bolster its arguments? What can thus be learned by anthropologists and the public at large about the historical and contemporary culture of the powerful? Focusing in particular on the Gitksan and Wet'suwet'en case, the book traces the trial of Delgamuukw. v. Regina from its first hearing during 1987 and 1991 to its successful appeal to the Supreme Court of Canada, which issued a landmark ruling on the case on December 11, 1997.
Preparation of Wills and Powers of Attorney: First Interview to Final report by
Lawyers are taken from the opening of a new file through the planning and drafting of wills, powers of attorney, insurance trusts and complementary documents to the reporting, billing and storage of completed documents.
Realizing a Good Life by
Realizing a good life is almost always defined in material terms, typified by individuals (usually men) who have considerable wealth. But classed, gendered, and racialized social supports enable the "self-made man." Instead, this book turns to Indigenous knowledge about realizing a good life to explore how marginalized men endeavour to overcome systemic inequalities in their efforts to achieve wholeness, balance, connection, harmony, and healing. Twenty-three men, most of whom are Indigenous, share their stories of this journey. For most, the pathway started in challenging circumstances - intergenerational trauma, disrupted families and child welfare interventions, racism and bullying, and physical and sexual abuse. Most coped with the pain through drugging and drinking or joining a street gang, setting many on a trajectory to jail. Caught in the criminal justice net, realizing a good life was even more daunting as their identities and life chances became barriers. Some of the men, however, have made great strides to realize a good life. They tell us how they got out of "the problem," with insights on how to maintain sobriety, navigate systemic barriers, and forge connections and circles of support. Ultimately, it comes down to social supports - and caring. As one man put it, change happened when he "had to care for somebody else" in a way he wanted to be cared for.
Rules of Evidence: A Practical Approach by
"Rules of Evidence: A Practical Approach serves evidence law courses at paralegal programs across the country, with most sales happening in Ontario paralegal programs. The LSO course, called Evidence and the Litigation Process, is a mandated second-year course. In it, and through our text, students learn the principles of the law of evidence. Our text takes a practical approach to analyzing a fact situation and applying the rules of evidence in a logically sequenced manner. The book also addresses strategies for the effective presentation of testimonial and documentary evidence in the context of court and tribunal proceedings."
The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain by
A timely and fascinating overview of the developments since the 2018 Sharia Inquiry. Comprised of contributions from a wide range of experts in the field. Of interest to those with interests in a variety of disciplines: Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies.
Social Justice and the World of Work by
In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it - at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Toxic Exposure by
A behind-the-scenes look inside three key trials involving Monsanto's weed killer Roundup, cancer, and the search for justice--written by an expert witness medical oncologist who lived it all. For years, Monsanto declared that their product Roundup, the world's most widely used weed killer, was safe. But that all changed in 2015, when the International Agency for Research on Cancer (IARC) analyzed data from scientific studies and concluded that glyphosate, the active ingredient in Roundup, is probably carcinogenic; The Environmental Protection Agency (EPA) disagreed, other regulatory agencies got involved, and scientists clamored to understand the link between glyphosate and cancer. Toxic Exposure tells the true story of numerous patients who developed non-Hodgkin lymphoma, a form of cancer, after using Roundup and their ensuing trials against Monsanto (now owned by Bayer, one of the largest agrochemical companies in the world). Written by Chadi Nabhan, MD, MBA, a cancer specialist, this is the only book written by an expert physician witness who testified in the first three trials against Monsanto. Dr. Nabhan takes the reader behind the scenes of these pivotal trials, explaining key features of the cases, including how Monsanto downplayed the IARC's scientific conclusions, may have worked to change how the EPA classified glyphosate, and conducted extensive PR campaigns designed to minimize the public's perception of the negative health effects of its product. He also provides details about the other expert witnesses who reviewed the evidence, analyzed the science, and stood up to this agricultural behemoth in the courtroom. Dr. Nabhan tells the inside story of corporate influence, courtroom drama, legal discourse, monumental verdicts, and the ensuing media frenzy surrounding this massive uncovering of the truth and the years of scientific and legal work that led up to it.
What Roe V. Wade Should Have Said by
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court's opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court's 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court's legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years' experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation--and the constitutional and political clashes that followed it--and explains the Dobbs decision and its aftermath.
You Might Go to Prison, Even Though You're Innocent by
Surviving prison as an innocent person is a surreal nightmare no one wants to think about. But it can happen to you. Justin Brooks has spent his career freeing innocent people from prison. With You Might Go to Prison, Even Though You're Innocent, he offers up-close accounts of the cases he has fought, embedding them within a larger landscape of innocence claims and robust research on what we know about the causes of wrongful convictions. Putting readers at the defense table, this book forces us to consider how any of us might be swept up in the system, whether we hired a bad lawyer, bear a slight resemblance to someone else in the world, or are not good with awkward silence. The stories of Brooks's cases and clients paint the picture of a broken justice system, one where innocence is no protection from incarceration or even the death penalty. Simultaneously relatable and disturbing, You Might Go to Prison, Even Though You're Innocent is essential reading for anyone who wants to better understand how injustice is served by our system.
Advanced Introduction to Cross-Border Insolvency Law by
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.
An Age to Work by
In the final decades of the nineteenth century, the French Third Republic attempted to carve out childhood as a distinct legal and social category. Previously, working-class girls and boys had labored and trained alongside adults. Concerned about future citizens, lawmakers expanded access to education, regulated child labor, and developed child welfare programs. They directed working-class youths to age-segregated spaces, such as vocational schools or juvenile prisons. With these policies, they distinguished the youthful worker from the adult worker and the juvenile delinquent from the adult criminal. Through their emphasis on age, these policies defined childhood as a universal stage of life. And yet, they also reproduced inequalities in the experience of childhood.In An Age to Work, Miranda Sachs considers the role of the welfare state in reinforcing class and gender-based divisions within childhood. She argues that agents of the welfare state, such as child labor inspectors and social workers, played a crucial role in standardizing the path from childhood to the workforce. By enforcing age-based rules, such as child labor laws, they attempted to protect working class children. But they also policed these chidren's productivity and enforced gender-specific labor practices. An Age to Work also enters the streets and apartments of working-class Paris to examine how the laboring classes envisioned and experienced childhood. Although working-class parents continued to see childhood as a more fluid category, they agreed with state actors that their offspring should grow up to be productive. They too mobilized the welfare state to ensure this outcome.By interrogating these diverse perspectives, An Age to Work reveals that the same sort of welfare system that created social hierarchies in France's colonies reinforced the class system at home.
Agreeing to Disagree by
In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.
Algorithms, Collusion and Competition Law by
Is competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal - the latter frequently from a comparative perspective. Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices. With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.
Alternative Dispute Resolution and Tax Disputes by
Arbitration has been promoted as the future of tax dispute resolution in recent years in line with the increase in complexity of international tax law. This authoritative book presents existing legal rules on the matter, provides a review of the arguments in favour of tax arbitration, discusses the practical and legal challenges for its wide-spread adoption and compatibility with existing domestic and international norms. It also answers key questions for the practical implementation of a modern tax arbitration system. Key Features: Comprehensive analysis of the existing tax treaty framework and their application to MAP and arbitration Up-to-date guidance on the best practices in alternative dispute resolution to ensure effective and efficient dispute resolution Original insights from dispute resolution mechanisms found in non-tax areas such as trade and investment law In-depth discussion of primary and secondary EU law rules on tax dispute resolution, including implications of EU general principles, fundamental rights and internal market rules Identifying some of the new issues in tax arbitration and offering views on how to tackle them in the most appropriate way, this book will be a key resource for tax law practitioners looking for the latest insights on how to navigate the legal framework for alternative tax dispute resolution. Students and academics focusing on commercial and tax law will also benefit from this detailed guide.
The American Law Institute by
The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.
Blackstone's Guide to the Domestic Abuse Act 2021 by
The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary on the scope, extent, and effects of the legislation accompanying a full copy of the Act itself. Domestic abuse and violence have been variously tackled within the criminal and civil process. For the last decade violence against women and girls has been the focus for front line professionals in the statutory and voluntary sector and for those campaigning for law reform, culiminating in the enactment of the Domestic Abuse Act 2021. The Blackstone's Guide to the Domestic Abuse Act 2021 is divided into four Parts. Part One will examine the context and background to the Act, providing a quick and accessible overview of the Act. Part Two breaks the Act down in full, providing a definition, meaning, and interpretation, as well as applications, or predicted applications, of use to practitioners practicing within the courts. Part Three considers the ongoing campaign for reform and the very latest developments which may have a bearing on practice, while also acknowledging and critiquing the limitations and omissions in the Act. The full text of the Domestic Abuse Act 2021 is reprinted in Part Four. This Blackstone's Guide will explore the Act's provisions in a structured, sequential manner, with full consideration of the Act's coverage and its limitations.
Competition Damages Actions in the EU and the UK by
Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law. This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states. The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters. Key features of the third edition include: The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UK Comprehensive and clearly structured reference point for this complex field Updates on national developments from key jurisdictions Increased material on jurisdiction Extensive treatment of collective action The new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK - from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies.
Confirmation Bias in Criminal Cases by
In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
Contract Before the Enlightenment by
Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
Contract Changes by
Contract Changescomparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract. Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances. This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies.
Disability Through the Lens of Justice by
Disability through the Lens of Justice offers a contextual framework for considering the limitations that disability places on individuals. Specifically, those that prevent individuals from having control in certain domains of their life, by restricting the availability of acceptable options or the ability to choose between them. Begon argues that our theory of justice should be concerned with the lives individuals can lead, and not with whether their bodies and minds function typically. The problem that disability raises is not the mere fact of difference, but the ways in which that difference is accommodated (or not) and the limitations it may cause. In Disability Through the Lens of Justice, Begon offers a new framework to the disability and justice model. She argues that achieving justice does not require 'normalisation', or the elimination of difference, but through implementating a model which enables all individuals to control their lives as they choose.
Dying by the Sword by
Dying by the Sword explores the US's evolving foreign policies from the Founding era to the present in order to ring the alarm on the US's increasing reliance on "kinetic" global diplomacy. Monica Duffy Toft and Sidita Kushi find that since the end of the Cold War and especially after 9/11, the US has initiated higher rates of military interventions, drastically escalating its usage of force abroad. Lacking clear national strategic goals, the US now pursues a whack-a-mole security policy that is more reactionary than deliberate. The book explores every major era of US foreign policy, combining historical narrative with anecdotes from US foreign policy officials, case studies, and evidence drawn from the Military Intervention Project (MIP), which measures the extent of US reliance on force. Each chapter highlights the ways in which the US used and balanced primary tools of statecraft--war, trade, and diplomacy--to achieve its objectives. It showcases, however, that in recent decades, the US has heavily favored force over the other pillars of statecraft. The book concludes with a warning that if the US does not reduce its reliance on kinetic diplomacy, it may do irrevocable damage to its diplomatic corps and doom itself to costly wars of choice. If this trend continues, it could spell disaster for the US's image, its credibility, and--ultimately--its ability to help maintain international stability.
Economic Constitutionalism in a Turbulent World by
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.
Executory Contracts in Insolvency Law by
Executory Contracts in Insolvency Lawoffers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe. Key Features: Contributions from more than 40 insolvency law experts Exploration of ipso facto clauses and procedural issues Consideration of the economic impact of the COVID-19 pandemic Targeted footnote references, including non-English sources, for further reading Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.
Foreign Relations Federalism by
How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.
The Grounds of Political Legitimacy by
Political decisions have the potential to greatly impact our lives. Think of decisions in relation to abortion or climate change, for example. This makes political legitimacy an important normative concern. But what makes political decisions legitimate? Are they legitimate in virtue of having support from the citizens? Democratic conceptions of political legitimacy answer in the affirmative. Such conceptions rightly highlight that legitimate political decision-making must be sensitive to disagreements among the citizens. But what if democratic decisions fail to track what there is most reason to do? What if a democratically elected government fails to take measures necessary to protect its population from threats related to climate change? Peter argues that the legitimacy of political decisions doesn't just depend on respect for the citizens' will; and defends a novel hybrid conception of political legitimacy, called the Epistemic Accountability conception. According to this conception, political legitimacy also depends on how political decision-making responds to evidence for what there is most reason to do. The Grounds of Political Legitimacy starts with an overview of the main ways in which philosophers have thought about political legitimacy, and identifies the epistemic accountability conception as an overlooked alternative. It then develops the epistemic accountability conception of political legitimacy and discusses its implications for legitimate political decision-making. Considering the norms that should govern political debate, it examines the role of experts in politics, and probes the responsibilities of democratically elected political leaders and as well as of citizens.
Institutional Credit Markets by
Institutional Credit Marketsprovides a framework for understanding the institutional funding markets that undergird the U.S. credit system. It traces the evolution of the depository bank model, its non-bank competitors, and the financial conglomerates that span credit and capital markets. As securitization introduced structured credit products that rezoned credit markets, federal reforms let banks venture into a wider range of financial services. After the Global Financial Crisis revealed cracks in the system, lawmakers affirmed pre-crisis products and business models while adding some guardrails. The post-crisis scheme subjected large financial conglomerates to enhanced supervision while adjusting the structure of banks by making them more liquid and stable. Through its stabilization activities, the Federal Reserve has morphed from bank regulator to arbiter of financial market structure, now using a more statist approach to monetary policy that relies to a greater extent on administered interest rates rather than those set by the market forces. This book explains post-crisis regulation in terms of its capitulation to financial capitalism. Financial law regulators and academics will benefit from this integrated account that considers banking, structured finance, capital markets, and money markets as parts of an institutional funding ecosystem. This book will also provide a more nuanced understanding of financial institutions and markets for financial law practitioners, sector analysts and journalists.
The International Governance of Artificial Intelligence by
This timely book investigates emerging efforts to govern artificial intelligence (AI) at an international level. It emphasizes the complex interactions involved when creating international norms related to potential and current developments in AI regulation. Organized into four parts, The International Governance of Artificial Intelligencedemonstrates how formal and informal standards for AI are emerging from stakeholder interactions. With the objective of describing a nascent transnational law on AI use, chapters survey the various global realities that affect AI governance, concluding that AI law should ultimately be evaluated against the measure of international human rights. Students of law and governance will benefit from this book, particularly when studying emerging technologies, international economic law and general international law. Those researching policy creation and regulation will additionally find it to be an enlightening read.
The International Law of Biotechnology by
In this thoroughly updated second edition, Matthias Herdegen provides a comprehensive and contemporary assessment of the regulation of biotechnology processes and products from an international and comparative perspective, complete with analysis of intricate legal and ethical debates. Considering recent advances in biotechnology, this new edition explores how regulatory approaches to controversial issues such as stem cell research, cloning and gene therapy differ across jurisdictions due to conflicting values and risk perceptions. Reflecting on current developments, the book explores the interaction between biotechnology and different fields of law, including: human rights, intellectual property, trade law and environmental law. In doing so, Herdegen investigates complex concerns such as balancing commercial interests with socio-cultural considerations and ensuring respect for human dignity in the pursuit of biomedical research. Furthermore this new edition includes examination of recent developments in areas such as genome editing, biomedicine, COVID-19 vaccines, and patents on essentially biological products, with an entirely revised section on biobanks. Providing a concise and accessible guide to a complex field of international law, this book will be of great value to those researching the law and regulation of biotechnology, biomedicine and biodiversity both within the EU and at an international level. Practicing lawyers will also benefit from a diverse array of sources from a range of legal systems.
The Law of American State Constitutions by
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.
Legal Advisers in International Organizations by
This unique book presents an in-depth analysis of the provision of legal advice at international organizations. It elucidates the dual role of legal advisers as representatives of their organization and as international civil servants acting as protectors and promoters of international law. Analysing the effects of internal and external factors on the work of advisers, including organizational specificity, political influences, and institutional position, this book identifies and examines common legal practices across organizations. Chapters discuss case studies of legal advisers working at various global organizations, including the United Nations, the European Union, UNESCO, the World Health Organization and the World Bank Group, as well as regional and cross-regional organizations such as NATO and the European Space Agency. Contributors emphasise the importance of collegiality and networking between legal advisers and analyse the differences in the delivery of legal services within both governmental and private contexts. Presenting a broad perspective on the work of legal advisers at international organizations, this book will be vital reading for students, scholars, and practitioners of global governance, international law and political science. It will also be beneficial to legal advisers working for international organizations, lawyers, politicians and sociologists.
Litigating the Environment by
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure. This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.
The Logic of Human Rights by
Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.
The Max Planck Handbooks in European Public Law by
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Normalizing an American Right to Health by
This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealedthrough the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing howwe could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance.By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal,neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.
Overlapping Intellectual Property Rights by
While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap. While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.
The Peaceful Resolution of Territorial and Maritime Disputes by
This book is about the peaceful resolution (PR) of territorial and maritime disputes and states' strategic behavior vis-à-vis methods of peaceful resolution: bilateral negotiations, good offices, inquiry, conciliation, mediation, arbitration, and adjudication. The authors argue that the high stakes associated with settlement of territorial and maritime disputes, the diversity of PR methods employed, and unpredictability of outcomes push states to strategize. Strategic considerations undergird states' choice of the particular PR methods, and states' behavior during the resolution once a particular method such as adjudication or negotiations, has been initiated. Uncertainty about the outcome drives states to pursue "strategic selection." The process of strategic selection occurs at two interrelated stages: the initial pursuit of a particular method and venue--choice-of-venue strategic selection, and decision-making once a PR method/venue has been identified--within-venue strategic selection. The driving force behind strategizing in these two settlement stages is the hope of reducing uncertainty and of increasing the chances of winning. Importantly, as the disputants progress through the settlement process, states reconsider and refine these strategies. For each stage of strategic selection, Powell and Wiegand identify several mechanisms that influence states' strategies, including past experiences with PR methods (winning/losing), the relationship between domestic law and international law, framing legal claims, and shaping the resolution procedures. This book embraces a multi-method approach and combines statistical analyses and in-depth qualitative interviews with states' legal counsel, judges, arbitrators, government officials, and other experts from multiple countries. The book also highlights numerous real-world instances of territorial and maritime disputes including the Philippines v. China arbitration case in the South China dispute.
Philosophical Foundations of Precedent by
Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.
The Politics of German Idealism by
The Politics of German Idealism reconstructs the political philosophies of Kant, Fichte and Hegel against the background of their social-historical context. Christopher Yeomans' guiding thought is to understand German Idealist political philosophy as political, i.e., as a set of policy options and institutional designs aimed at a broadly but distinctively German set of social problems. 'Political' here refers to use of the state's power to enforce law, and 'social' to the norms and groups which are regulated by that enforcement, but which also antedate or exceed that enforcement. Because the power to enforce law is very much still being actualized by state-building in the period at issue, 'political' refers quite narrowly to a certain kind of practical legal project rather than to a perennial set of problems from the history of philosophy. By way of method, Yeomans claims that to reveal the political nature of German Idealist political philosophy requires understanding German Idealism as both taking place in and conceptualizing its own historical present--this is the sense in which it is not only political, but political philosophy. The most important general feature of the historical present of the German Idealists is the way in which the period from 1770 to 1830 was a transitional period between early and late modernity, a so-called saddle period (Sattelzeit) in which the metaphor is of a Bergsattel or shallow valley between two mountain peaks.
Portraits of Women in International Law by
Current histories seem to suggest that men alone have been capable of the development of ideas, analysis, and practice of international law until the 1990s. Is this the case? Or have others been erased from the collective images of this history, including the portrait gallery of notables in international law? Portraits of Women in International Law: New Names and Forgotten Faces? investigates the slow and late inclusion of women in the spheres of knowledge and power in international law. The forty-two textual and visual representations by a diverse team of passionate portraitists represent women and gender non-conforming people in international law from the fourteenth century onwards around the world: individuals and groups who imagined, developed, or contested international law; who earned their living in its institutions; or who, even indirectly, may have changed its course. This rich volume calls for a critical identification of the formal and informal institutional practices, norms, and rituals of (white) masculinities, both in the past and in the research of international law today. By abandoning reductive histories, their biased frames, and tacit assumptions, this work brings previously unseen glimpses of international law and its agents, ideas, causes, behaviour, norms, and social practices into the spotlight.
Postnational Constitutionalism by
At a time when the integration of the European Union's peoples through the rule of law is faltering, this book develops a critical theory of postnational constitutionalism. Today, widely held conceptions of EU law continue to mislead citizens about the nature of political identity, sovereignty, and agency. They lose sight of a critical idea on which post-nationalism depends-that constitutional self-authorship is narrative, and the polity is a subject whose identity, history, and legacy are still in formation. Absent this vision, EU law reproduces crises of legitimacy: the depoliticization of public life; emergency rule by executive decree; a collapse of solidarity; and the rise of nativist movements. The book diagnoses this impasse as the product of a problem familiar to modernity: reification--a process in which social and historical relationships are misattributed as timeless relations among things. Reification's shrinking of social dilemmas, moral principles, and political action to narrow perceptions of the present explains law's role in perpetuating crisis. But this diagnosis also points to a remedy. It suggests that to sustain the emancipatory potential of EU constitutionalism we must recover law's relationship to time. Postnational Constitutionalism: Europe and the Time of Law proposes a temporally-attuned constitutional theory with principles of anti-reification, narrative interpretation, and non-sovereign agency at its centre. These principles reimagine essential domains of constitutional order: social integration, constitutional adjudication, and constituent power. Spanning various bodies of EU jurisprudence, the book devotes particular attention to migration and asylum--struggles where questions of solidarity, law, and belonging are most generative and acute.
Private Law and Practical Reason by
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
The Regulation of Intelligence Activities under International Law by
Presenting a thorough examination of intelligence activities in international law, Sophie Duroy provides theoretical and empirical justifications to support the cutting-edge claim that states' compliance with international law in intelligence matters serves their national security interests. This book theorises the regulation of intelligence activities under international law, identifying three layers of regulation: a clear legal framework governing intelligence activities (legality); a capacity to enforce state responsibility (accountability); and the integration of legality and accountability into responsive regulation by the international legal order (compliance). The empirical relevance of these three layers of regulation is demonstrated through in-depth case studies of state responsibility in the CIA-led war on terror and an analysis of the accountability of Djibouti, the Gambia, Poland, the United Kingdom, and the United States for conduct in the CIA-led war on terror. Overall, the author shows that the most reliable path to long-term national security is the effective regulation of intelligence activities under international law. Making an original contribution to existing theories of compliance and regulation, as well as the law of state responsibility and its enforcement, this book will be essential for students and scholars of public international law, human rights, intelligence and security studies, and international relations. It will also be a valuable resource for practitioners of international law with an interest in intelligence, state responsibility, and terrorism and security law.
Research Handbook on Adoption Law by
Bringing together scholars from a wide range of disciplines, this fascinating and timely Research Handbook provides diverse perspectives on the law and practice of adoption. It examines how adoption laws differ between countries and cultures, and the ongoing effects of adoption on the child, the birth parent(s), and the adoptive parent(s). This Research Handbook documents the history of adoption legislation and offers comparative perspectives on the implementation of full adoption in England and Wales, in contrast to the use of simple adoption in other European countries. Chapters examine the challenges facing adoption law; from adoption without parental consent and anonymous birth, to transracial and intercountry adoption, as well as discussing the human rights of the child during and after the adoption process. Providing an abundance of global research on all aspects of the topic of adoption, Nigel Lowe and Claire Fenton-Glynn offer a comprehensive guide to the past, present, and future of adoption law. The Research Handbook of Adoption Lawwill be an indispensable resource for students and researchers of family law and social work, as well as human rights lawyers, legal practitioners in the field of adoption, and social workers worldwide.
Research Handbook on Family Justice Systems by
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systemsaddresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as 'family law', but also with the institutions comprising the operating system. This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systemsexamines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.
Research Handbook on Global Capital Markets Law by
This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Focussing primarily on 'mainstream' capital markets, and framing them as an ecosystem in which the market players and regulators must co-exist, the chapters paint a canvas on which key cross-cutting themes are depicted, dissected and discussed. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets. International in scope, this Research Handbook will be of great value to scholars and practitioners in the field of financial law. It will also be a go-to source of information for policy makers in the financial markets sphere.
Research Handbook on Global Merger Control by
Over the past 30 years, merger control has become well-established around the world with broad consensus around its ambit and objectives. That consensus has fractured in recent years. Enforcement today is at a critical juncture, facing an array of challenges and calls for reform unprecedented in their scope and intensity. Authored by leading legal practitioners, economists, enforcers and jurists, this timely Research Handbook on Global Merger Controldiscusses various critiques that have been made and considers an array of jurisdictional, procedural, substantive and other issues that are generating intense debate across the antitrust community. These include the scope and objectives of merger control, whether merger control can be reconciled with industrial policy, whether the consumer welfare standard is an appropriate tool for substantive assessment, whether merger control should be used to meet broader policy objectives, and whether existing rules and presumptions are appropriate for the digital age. This Research Handbook will be of great value to anyone interested in global merger control, digital markets, industrial policy and the role of public interest considerations. It provides an excellent tool for academics and practitioners looking to gain a rounded view of current issues in global merger control and an understanding of how enforcement is likely to evolve.
Research Handbook on International Marine Environmental Law by
This wholly new edition of the Research Handbook on International Marine Environmental Lawprovides an authoritative examination of international law relating to the protection of the marine environment. Rather than merely revised and updated, this new edition provides completely new and original chapters that critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. Each chapter goes beyond a survey of existing law to identify shortcomings in the legal regime and details further work needed to ensure effective regulation and management of human activities that affect the marine environment. Written by eminent scholars and practitioners, the Research Handbook on International Marine Environmental Lawis a vital resource for scholars and government and policy practitioners, as well as for lawyers, policy advisers and advocates who work at intergovernmental organisations and non-governmental organisations that address marine environmental issues.
Research Handbook on the Politics of Human Rights Law by
International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law. Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.
The Rise of Critical Islam by
In a richly narrated historical study, Youcef Soufi excavates an Islamic legal culture of critique from the 10th to 13th centuries. Focusing on the practice of munā.zara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape of Iraq and Persia. Using the life and career of celebrated Iraqi jurist Abū Is.hāq al-Shīrāzī, he traces the formalization of debate gatherings at the dawn of the classical legal schools (al-madhāhib) in the early 10th century and analyzes the wider institutional, social, and discursive conditions that made debate an important feature of any jurist's practice. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, The Rise of Critical Islam presents a community committed to the openness, fluidity, and continued exploration of the law. Challenging the view of debate gatherings simply as mechanisms of doctrinal resolution before codification, the study reveals a classical culture where critical debates were part of a continual and personal quest to discover God's law. In uncovering this classical legal culture, Soufi invites readers to question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.
Structural Injustice and Workers' Rights by
When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant workers, captive workers, people under welfare conditionality schemes, and other precarious workers, Mantouvalou shows how the law creates these structures of injustice, entrenching long-term, standard, and routine exploitation. She also assesses these examples against human rights principles, including civil, political, economic, and social rights. The ultimate aim of the work is to show that these structures routinely lead to workers' exploitation which may in turn give rise to state responsibility for human rights violations and to argue that there is a pressing need for reform.
The Struggle for Law in the Oceans by
During the 1970s and 1980s the United States led the world in negotiating one of the most important treaties in history, the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the world-anarea larger than the continental United States itself-and protected navigational freedom, so critical for Naval mobility.The United States was also recognized as having access to four deep seabed mine sites, each roughly the size of the State of Rhode Island, and each containing approximately a quarter trillion dollars in strategic minerals. Today UNCLOS is in force for 168 countries and the European Union.Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention.This book is about the potential damage to American national interests caused by this isolationist narrative. It discusses the robust reasons favoring the Convention, and offers a sharp critical examination of the arguments still being made against it. John Norton Moore posits that isolationistobstruction has cost the United States two deep seabed mine sites, "USA-2" and "USA-3," for a loss of a half trillion dollars in strategic minerals, and shows how a continuation of this narrative threatens the loss of "USA-1" and "USA-4" for another half trillion dollars-all while China has acquiredfour deep seabed sites and the Russian Federation three. In this ground-breaking, and vigorously argued new work, Moore asserts that it is time to accede to the Convention, as has been urged for decades by Presidents from both sides of the political divide.
Vulnerability and Data Protection Law by
Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.
Women and the Politics of Education in Third Republic France by
In Third Republic France (1870-1940), the directrice of a normal school (école normale) for training women teachers was the most important woman representative of public primary education in each department. Her role was central to the republican educational project designed to bolster the establishment of a stable democracy after the Franco-Prussian War. The laicization of public education figured prominently in republican efforts to combat the old alliance of "throne and altar" favoring monarchy and religious instruction in public schools. Although laymen taught most boys in public schools by 1870, many nuns staffed separate girls' public schools. Thus an 1879 law mandated new departmental normal schools to train lay women teachers. This study of 313 normal school directrices between 1879 and 1940, an important group of professional women not previously studied, explores the challenges they encountered and their responses. Often the target of political hostility, they defended republican schooling as they interacted with local notables and authorities. In an educational system divided by social class as well as by gender, they trained teachers for "children of the people" attending free primary schools, separate from the elite and less numerous secondary schools. Directrices were expected to be role models for women teachers and to emphasize women's duties as wives and mothers, yet their careers exemplified an alternative to domesticity at a time of much debate about women's appropriate roles. Eventually some pushed against the boundaries of prevailing gender norms as they also joined professional, philanthropic, and feminist associations and sometimes publicly supported women's suffrage. Women and the Politics of Education in Third Republic France deftly examines the history of these women and the nature of their contributions to French society.
