The (Not Too Serious) Grammar, Punctuation, and Style Guide to Legal Writing by
There is no doubt that students' proficiency in grammar and punctuation has declined over time, and this book is designed to help resolve that problem. What can be a serious and boring topic has been recast into an entertaining yet informative guide to punctuation, grammar, and other style issues. This book goes beyond the black letter rules that students must follow--it also tells the story behind those rules, making it relatable and more likely to stick with the student. Unlike other style guides, it uses caselaw to help convince students that these issues are important--even to the Supreme Court (and other courts) where winning or losing can turn on the placement of a comma. The book also is unique in that it strives to be humorous and includes cartoons for each chapter with the goal of having the concepts adhere to the students' brains. It is a well-rounded resource in that it goes beyond legal writing guides and incorporates information from other sources, giving a more holistic view of each issue. Although this book was designed primarily for law students, it has a much broader reach and could be a valuable resource to any legal writer--judges, law clerks, lawyers, paralegals, and people who are either learning about or involved in drafting contracts or legislation.
The 500 Years of Indigenous Resistance Comic Book: Revised and Expanded by
A new and expanded version of Gord Hill's seminal illustrated history of Indigenous struggles in the Americas. When it was first published in 2010, The 500 Years of Resistance Comic Book was heralded as a groundbreaking illustrated history of Indigenous activism and resistance in the Americas over the previous 500 years, from contact to present day. Eleven years later, author and artist Gord Hill has revised and expanded the book, which is now available in colour for the first time. The 500 Years of Indigenous Resistance Comic Book powerfully portrays flashpoints in history when Indigenous peoples have risen up and fought back against colonizers and other oppressors. Events depicted include the the Spanish conquest of the Aztec, Mayan and Inca empires; the 1680 Pueblo Revolt in New Mexico; the Battle of Wounded Knee in 1890; the resistance of the Great Plains peoples in the 19th century; and more recently, the Idle No More protests supporting Indigenous sovereignty and rights in 2012 and 2013, and the resistance to the Dakota Access Pipeline in 2016. Canadian events depicted include the Oka crisis in 1990, the Grand River land dispute between Six Nations and the Government of Canada in 2006, and the Wet'suwet'en anti-pipeline protests in 2020. With strong, plain language and evocative illustrations, this revised and expanded edition of The 500 Years of Indigenous Resistance Comic Book reveals the tenacity and perseverance of Indigenous peoples as they endured 500-plus years of genocide, massacre, torture, rape, displacement, and assimilation: a necessary antidote to conventional histories of the Americas. The book includes a foreword by Pamela Palmater, a Mi'kmaq lawyer, professor, and political commentator.
The Ashgate research companion to international criminal law : critical perspectives by
"International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique research companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The seond part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse
Corporate Environmental Responsibility in Investor-State Dispute Settlement by
This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.
Creation and Implementation of a Multilateral Investment Court by
Starting point of the book is the ongoing reform process on ISDS at UNCITRAL working group III and the proposal to implement an MIC. An introduction sets the stage and provides readers with the latest developments and historical background. On this basis, the following chapters highlight different aspects of creating and implementing an MIC. The chapters cover key elements of the MIC proposal such as the court's institutional framework, the design of an appeal mechanism, the use of procedures for the settlement of mass claims, and the establishment of an advisory centre for developing countries. In addition, the selection and appointment of judges is discussed. Apart from the court's structure and procedures, questions of implementation arise. How to integrate the MIC into the current system of ISDS? How can the enforcement of its decisions be ensured? On a political level, the MIC project is based on an initiative of the EU. Therefore, the role of the EU in the reform process is analysed in a separate chapter. Remarks from a practitioner's perspective round up the contributions. Each chapter highlights the legal issues subject to discussion and puts them into a broader context. The aim is to provide readers an understanding of how the different aspects work individually or in combination. The evaluation of reform ideas is based on their potential to efficiently respond to the most prominent criticisms of the current ISDS system.
Discrimination and Employment Law by
Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a comparative, problem-solving approach and an in-depth analysis of new developments in both anti-discrimination statutory law and case law. Addressing employment law with a focus on anti-discrimination law and human rights law, this book will be essential reading for students, academics and practitioners working in the fields of labour and employment law, anti-discrimination law and human rights law and offers an international comparative overview of the most up-to-date issues relating to discrimination.
The Distinction of Land and Goods in English, French, German and EU Law by
The vast majority of national law expositions of the rules for determining when something is a part of land, and therefore partakes in its legal nature, or leads a separate existence in the other category of corporeal property, goods, leaves a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reason, why land is being distinguished from goods in a particular situation. This is well illustrated by the straightforward example of standing timber, variously described doctrinally and in the case-law as integral parts of land, (presently-existing or future) goods, or even the object of 'flying freeholds'. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands.
Financial crimes in Canada : an overview of money laundering and fraud by
The book provides an overview of fraud and money laundering while also offering unique insights and recommendations. Topics discussed include workplace fraud, litigating fraud, family law matters and fighting money laundering."-- Provided by publisher.
Contents
Chapter 1: Introduction -- Chapter 2: Legal Frameworks Governing Fraud -- Chapter 3: Financial Statement Fraud -- Chapter 4: Occupational Fraud: Asset Misappropriation -- Chapter 5: Occupational Fraud: Corruption -- Chapter 6: Occupational Fraud and Related Forms of Liability -- Chapter 7: Occupational Fraud—Understanding and Combatting It -- Chapter 8: Social Assistance Fraud -- Chapter 9: Fraud in Family Law Matters -- Chapter 10: Litigating Fraud -- Chapter 11: The Criminal Code and Money Laundering: An Examination of Section 462.31 -- Chapter 12: Proceeds of Crime (Money Laundering) and Terrorist Financing Act -- Chapter 13: Fighting Money Laundering—Policies -- Chapter 14: Conclusion -- Table of Cases.
He Kupu Taurangi by
As Minister for Treaty of Waitangi Negotiations from 2008 to 2017, Christopher Finlayson completed an unprecedented number of settlements with iwi. In 2012 alone, Parliament passed more Treaty legislation than it had over the previous twenty years. Christopher Finlayson gained unique insight into the elements of successful negotiations and was involved in developing legal innovations to reach settlements. In this book, the authors analyse the essential components of settlements, reference particular settlements in looking at themes such as natural resources, co-governance and legal personality, and they discuss the impact of the process and outcomes on the relationship between Māori and the Crown.
A holistic analysis of law, connecting theory and practice : Universal solutions to global problems. by 
Indigenous justice : true cases by judges, lawyers & law enforcement officers by
In the spirit of truth and reconciliation, judges, lawyers, and law enforcement officers write about working with First Nations, Métis, and Inuit Peoples through their trials and tribulations with the criminal justice system. The stories are a mix of previously published essays from the True Cases anthologies with an equal number of new chapters by legal and law enforcement professionals including Justice Thomas Berger (posthumous), Justice Nancy Morrison, Justice John Reilly, Senator Kim Pate, lawyers Eleanore Sunchild, Brian Beresh, and John L. Hill, and parole and police officers Doug Heckbert, Ernie Louttit, Val Hoglund, and Sharon Bourque.
Infrastructure : new trajectories in law by
"This book provides an overview and assessment of infrastructure's legal and governance underpinnings. Infrastructure is often thought of as a term referring only to the physical entities - pipes, cables, utility poles, highways, airports - that facilitate the transmission of water, gas, telecommunications and electricity, as well as enabling both private and public transportation, and serving to house more or less public services such as health care and schools. However, infrastructure planning and implementation are not reducible to bricks and mortar. The complex process requires drawing from and sometimes re-inventing or recycling legal tools, from construction contracts to financing 'deals', which are often taken for granted by both practitioners and urban studies scholars. These are as important today as they were when the first railway lines were built, and to a large extent they remain just as invisible: the avalanche of drawings and photographs of planned or in-process fancy buildings tends to hide from view the behind the scenes negotiations and decision-making that had to happen before construction could start, and which in some cases continue afterwards. This book does not ignore the material and nonhuman aspects of infrastructure. But, focusing on the legal and governance underpinnings of infrastructure projects, via a series of key terms that refer to hybrid legal processes, the book offers an important socio-legal supplement to the current 'infrastructure turn'. This book will be of interest to students in the areas of sociolegal studies, urban sociology, urban studies, urban geography, planning, public law and contract law, as well as practitioners involved in infrastructure projects"
Introduction to Comparative Law by
'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.
Living in Indigenous Sovereignty by
In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet'suwet'en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward "living in Indigenous sovereignty" -- living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together.
Mandatory human rights due diligence : from legal custom to lawful concern by
"This book explores legislative changes on mandatory human rights due diligence (mHRDD) along global supply chains, and how multinational corporations are governed in foreign jurisdictions may impact Canadian corporate law and related fields. The author examines new legislation in Norway and Germany, new international caselaw and the Supreme Court of Canada decision Nevsun Resources (2020) which imposed new obligations on Canadian corporations."
Memory keeper ; First paperback edition. by
Memory Keeper is a collection of stories which offers anecdotes and stories, however comedic or horrific, from the author's life, living on the Six Nations Reservation. These stories helped her to circumnavigate constructively the residual pain and dysfunction that is the legacy of the Residential School System. As a Registered Social Worker and Community Health Worker, Dawn Cheryl Hill does not leave the reader impacted by the shock and trauma of her stories, instead she offers a workbook companion with the published collection as a healing resource for her readers.
Minority Recognition and the Diversity Deficit by
This book addresses one of the most serious societal questions of our time: how to create new spaces and frameworks for minority recognition given the State-centric sovereignty discourse and the persisting equality jargon that dominate today's world. By so doing it approaches minority rights by means of a critical engagement with its underlying premises. Notably, it makes attempts to both construct and reconfigure neglected legal categories, in particular collective rights, and to deconstruct domestic constitutional orders. More precisely, it does so through diametrically opposed levels of analysis, that is top-down and bottom-up logics, by exploring sociolegal strategies, forms and formats of governance on the one hand, and grassroots demands on the other. Drawing on empirical findings in Europe and Latin America, the book gives us a sense of how recognition needs to be contextualised against the background of right-wing trends in Europe and the re-building of the State in the Andes. This is a fascinating study of one of the key questions engaging human rights, minority studies and discrimination law.
Moving Toward Justice by
The struggle to reform Canada's justice system is nothing short of a cry for justice itself, and the response to this cry is too slow and too narrow. These essays include analyses of the challenges of legal pluralism, restorative justice, gender and race in sentencing, notions of community, and reconciliation in Aboriginal justice. Part I of the book explores a series of specific issues that have arisen from reforms already made--the legal and political context for Aboriginal justice, theories of law and the constitution, as well as theories of development and administration that compel much broader initiatives of Aboriginal self-government. Part II examines specific initiatives and the problems some of them have created.
The Native Voice by
In 1945, Alfred Adams, a respected Haida elder and founding president of the Native Brotherhood of British Columbia (NBBC), was dying of cancer. After decades of fighting to increase the rights and recognition of First Nations people, he implored Maisie Hurley to help his people by telling others about their struggle. Hurley took his request to both heart and mind, and with $150 of her own money, started a small newspaper that would become a powerful catalyst for change: The Native Voice. At that time, the Welsh-born Hurley had been an advocate for First Nations clients in court. She did not have a law degree, but was graced with the courage and confidence to challenge all who stood in her way. When defending a First Nations woman accused of stealing a hotel clerk's wallet, she seared the hapless plaintiff with such a withering cross examination that his off-colour rejoinder earned him a night in jail for contempt after he refused to pay the fine. After Hurley launched The Native Voice, it became the official newspaper of the NBBC, one of the largest democratic First Nations organizations in the country, but she continued to serve on the editorial board as publisher and director for many years without remuneration. At a time when telecommunication was expensive and often inaccessible in Aboriginal communities, The Native Voice reported relevant news and stories of everyday life to First Nations throughout the province, including hard-won rights such as the right to vote provincially (1949) and federally (1960). As the official publication of the NBBC, the Voice chronicled both the realities of Aboriginal life and a vision for the future, enabling and inspiring overdue change in Canada. Maisie Hurley's dedication to improving the lives of those she referred to as "my people" was honoured through several First Nations naming ceremonies by people of the Skeena, Squamish/North Vancouver and Comox areas. The story of the NBBC, The Native Voice and Maisie Hurley offer an inspiring testament to the power of cooperation and vision to create powerful change.
Organizational structures of academic law libraries : past present, and future by
Since 1928, law schools have been required to have a library located in a building occupied by the law school. Law school libraries, also called Academic Law Libraries, are typically characterized by direct reporting to the law school dean, budget allocation directly from the law school dean or the University's central administration, and a law library mission with a law school-centered approach. The importance of Academic Law Libraries to even the earliest law schools demonstrate their centrality to the identity of the law school and the legal profession. Since the Great Recession, centralizing the Academic Law Library with the Central Campus Library system has been a topic of interest to university administrators and law school deans. Seeking financial and operational efficiencies is a top priority for every academic institution today. This book, the first volume in a series, is a response to the number of inquiries received by deans, librarians, and other administrators at institutions whose law libraries are semi-autonomous. Recognizing the unique culture of each campus, law school, and law library, the goal of this book is to provide case studies of different academic law library structures
Owóknage by
Born out of a meticulous, well-researched historical and current traditional land-use study led by Cega̔ K´iɳna Nakoda Oyáté (Carry the Kettle Nakoda First Nation), Owóknage is the first book to tell the definitive, comprehensive story of the Nakoda people (formerly known as the Assiniboine), in their own words. From pre-contact to current-day life, from thriving on the Great Plains to forced removal from their traditional, sacred lands in the Cypress Hills via a Canadian "Trail of Tears" starvation march to where they now currently reside south of Sintaluta, Saskatchewan, this is their story of resilience and resurgence.
Peace and reconciliation in international and Islamic law. by
In an age where the global rules-based world order faces significant challenges to maintaining peace and stability--with world superpowers jockeying to preserve their influence across multiple theatres of conflict--this book explores the major international laws and treaties governing the process of peace and reconciliation. Focusing on the conflicts in Afghanistan, Palestine-Israel and Kashmir, it examines and analyses these conflicts through the prism of int.
Publishing contracts and the post negotiation space : lifting the lid on publishing's black box of aspirations, laws and money by
Based on author's thesis (doctoral - RMIT University, 2021).
Includes bibliographical references and index.
"Many writers dream of having their work published by a respected publishing house, but don't always understand publishing contract terms - what they mean for the contracting parties and how they inform book-publishing practice. In turn, publishers struggle to satisfy authors' creative expectations against the industry's commercial demands. This book challenges our perceptions of these author-publisher power imbalances by recasting the publishing contract as a cultural artefact capable of adapting to the industry's changing landscape. Based on a three-year study of publishing negotiations, Katherine Day reveals how relational contract theory provides possibilities for future negotiations in what she describes as a 'post negotiation space'. Drawing on the disciplines of cultural studies, law, publishing studies and cultural sociology, this book reveals a unique perspective from publishing professionals and authors within the post negotiation space, presenting the editor as a fundamental agent in the formation and application of publishing's contractual terms"
Rhetorical Knowledge in Legal Practice and Critical Legal Theory by
A clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law's autonomy, and he breaks new ground by returning to modern classics in the fields of rhetoric and hermeneutics. Drawing from Chaim Perelman's "new rhetoric" and Hans-Georg Gadamer's "philosophical hermeneutics," Mootz argues that justice is a product of rhetorical knowledge. Drawing from Nietzsche, Mootz's conception of rhetorical knowledge opens up the dynamic possibilities of critical legal theory.
Sociology of Law by
Sociology of Law introduces readers to an interdisciplinary understanding of law. It orients the reader to the field and encourages critical dialog. The earlier chapters develop key conceptual tools in studying the content of chapters that follow. Part 1 includes orientations, law in action and the three classic thinkers--Emile Durkheim, Max Weber and Karl Marx. Part 2 includes chapters on sociological jurisprudence, critical legal studies and their offsprings, structural functionalism, semiotics and law, socio-legal semiotics, postmodernism and post-postmodernism. The orientation of the book is critically constructive, with an eye toward examining what is, particularly the included and excluded voices in law, and how things can be otherwise. It challenges conventional understanding of how law functions, situating the field in a historically evolving context and particular political economies. It can be used both at the undergraduate and graduate levels as well as in law school. Readers seeking a general understanding, as well as researchers seeking a reference resource for a comprehensive statement with which to engage, will find the book essential reading. The fourth edition of Sociology of Law has been greatly revised. Many new developments in the field have necessitated a wider framework and significant updating.
Speaking the wisdom of our time by
Includes bibliographical references.
"Within this volume Mètis stories of strength, courage and resistance are shared. Each of the chapters describe a need to re-examine how social policy is formulated and have impacted our relatives and continue to impact our children. Today we are faced with particular challenges on the planet and in our communities. We have stretched Mother Earth to the limits of her capacity and she is fighting back. As someone said, ‘we need the Earth, but the Earth does not need us’. One of the invitations of this time is to reduce our footprint, our consumption and to restore balance and harmony between mankind and the environment."-- Provided by publisher.
The Timing of Guilty Pleas by
While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are 'playing the system' and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.
Truth and Repair by
From one of America's most influential psychiatrists, an "extraordinary" and "profound" (New York Times) manifesto for reimagining justice for survivors of sexual trauma The #MeToo movement brought worldwide attention to sexual violence, but while the media focused on the fates of a few notorious predators who were put on trial, we heard far less about the outcomes of those trials for the survivors of their abuse.   The conventional retributive process fails to serve most survivors; it was never designed for them. Renowned trauma expert Judith L. Herman argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them. In Truth and Repair, she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities.   Deeply researched and compassionately told, Truth and Repair envisions a new path to justice for all.
Unbroken by
"A remarkable life story. . . Angela Sterritt is a formidable storyteller and a passionate advocate."--Cherie Dimaline, author of The Marrow Thieves "Sterritt's story is living proof of how courageous Indigenous women are."--Tanya Talaga, author of Seven Fallen Feathers and All Our Relations Unbroken is an extraordinary work of memoir and investigative journalism focusing on missing and murdered Indigenous women and girls, written by an award-winning Gitxsan journalist who survived life on the streets against all odds. As a Gitxsan teenager navigating life on the streets, Angela Sterritt wrote in her journal to help her survive and find her place in the world. Now an acclaimed journalist, she writes for major news outlets to push for justice and to light a path for Indigenous women, girls, and survivors. In her brilliant debut, Sterritt shares her memoir alongside investigative reporting into cases of missing and murdered Indigenous women in Canada, showing how colonialism and racism led to a society where Sterritt struggled to survive as a young person, and where the lives of Indigenous women and girls are ignored and devalued. Growing up, Sterritt was steeped in the stories of her ancestors: grandparents who carried bentwood boxes of berries, hunted and trapped, and later fought for rights and title to that land. But as a vulnerable young woman, kicked out of the family home and living on the street, Sterritt inhabited places that, today, are infamous for being communities where women have gone missing or been murdered: Vancouver's Downtown Eastside, and, later on, Northern BC's Highway of Tears. Sterritt faced darkness: she experienced violence from partners and strangers and saw friends and community members die or go missing. But she navigated the street, group homes, and SROs to finally find her place in journalism and academic excellence at university, relying entirely on her own strength, resilience, and creativity along with the support of her ancestors and community to find her way. "She could have been me," Sterritt acknowledges today, and her empathy for victims, survivors, and families drives her present-day investigations into the lives of missing and murdered Indigenous women. In the end, Sterritt steps into a place of power, demanding accountability from the media and the public, exposing racism, and showing that there is much work to do on the path towards understanding the truth. But most importantly, she proves that the strength and brilliance of Indigenous women is unbroken, and that together, they can build lives of joy and abundance.
Virtual advocacy : litigating from a distance by
With the onset of the COVID-19 pandemic, the legal profession saw an immediate shift from in-person to virtual proceedings. This book provides lawyers, judges, mediators, arbitrators, and others with key insights to navigate the new virtual world, focusing on advocacy
You Will Wear a White Shirt by
Growing up in a remote Northern community, Nick Sibbeston had little reason to believe he would one day fulfill his mother's ambition of holding a career where he would "wear a white shirt." Torn away from his family and placed in residential school at the age of five, Sibbeston endured loneliness, callous treatment and sexual assault by an older boy, but discovered a love of learning that would compel him to complete a law degree and pursue a career in politics. As a young, firebrand politician, Sibbeston played an instrumental role during a critical moment in Northwest Territories politics, advocating tirelessly to support the economic and political development of First Nations people in the North, and participating in early discussions of the separation of Nunavut. Sibbeston's career advanced in great strides, first as an MLA, then one of Canada's first Aboriginal lawyers, then as a cabinet minister and eventually premier of the Northwest Territories. Finally, he was appointed to the Senate of Canada, where he continues to represent the people of Canada's North, not least in advocating for the generations affected by residential school policies. Although his years at residential school compelled Sibbeston to fight tirelessly for the rights of Aboriginal northerners, they also left a mark on his mental health, fuelling continual battles with anxiety, depression and addiction. It was only in later life that healing began to take place, as he battled his demons openly, supported not just by the medical community but also by his strong faith and the love of his wife and family. Nick Sibbeston is a lawyer, distinguished member of the Northwest Territories (NWT) Legislative Assembly and a former premier. In 1970, Mr. Sibbeston was elected to a four-year term on the North West Territorial Council. And from 1979-91, he was elected to the NWT Legislative Assembly. Sibbeston has worked for the Government of NWT as Justice Specialist and as a Public Administrator for Deh Cho Health & Social Services and served four years on the Canadian Human Rights Panel/Tribunal. He is a current member of the Senate committees on Aboriginal Peoples, and Energy, Environment and Natural Resources. Mr. Sibbeston and his wife, Karen, live in Fort Simpson, NWT.
Charting Limits on Trademark Rights by
Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
The Corporation and the Twentieth Century by
A definitive reframing of the economic, institutional, and intellectual history of the managerial era The twentieth century was the managerial century in the United States. An organizational transformation, from entrepreneurial to managerial capitalism, brought forth what became a dominant narrative: that administrative coordination by trained professional managers is essential to the efficient running of organizations both public and private. And yet if managerialism was the apotheosis of administrative efficiency, why did both its practice and the accompanying narrative lie in ruins by the end of the century? In The Corporation and the Twentieth Century, Richard Langlois offers an alternative version: a comprehensive and nuanced reframing and reassessment of the economic, institutional, and intellectual history of the managerial era. Langlois argues that managerialism rose to prominence not because of its inherent superiority but because of its contingent value in a young and rapidly developing American economy. The structures of managerialism solidified their dominance only because the century's great catastrophes of war, depression, and war again superseded markets, scrambled relative prices, and weakened market-supporting institutions. By the end of the twentieth century, Langlois writes, these market-supporting institutions had reemerged to shift advantage toward entrepreneurial and market-driven modes of organization. This magisterial new account of the rise and fall of managerialism holds significant implications for contemporary debates about industrial and antitrust policies and the role of the corporation in the twenty-first century.
Decolonizing the Criminal Question by
Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities -- for example, racial, geographical, and geopolitical -- of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies. Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences. Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
The Elevator Effect by
Appellate judges wield enormous influence in the United States. Their decisions define the scope of legislative and executive power, adjudicate relationships between the federal government and the states, and determine the breadth of individuals' rights and liberties. But, compared to their colleagues on trial courts, they face a significant constraint on their power: their colleagues. The Elevator Effect: Contact and Collegiality in the American Judiciary presents a comprehensive, first of its kind examination of the importance of interpersonal relationships among judges for judicial decision-making and legal development. Regarding decision-making, the authors demonstrate that more frequent interpersonal contact among judges diminishes the role of ideology in judicial decision-making to the point where it is both substantively and statistically imperceptible. This finding stands in stark contrast to judicial decision-making accounts that present ideology as an unwavering determinant of judicial choice. With regard to legal development, the book shows that collegiality affects both the language that judges use to express their disagreement with one another and the precedents they choose to support their arguments. Thus, the overriding argument of The Elevator Effect is that collegiality affects nearly every aspect of judicial behavior. The authors draw on an impressive and unique original collection of data to untangle the relationship between judges' interpersonal relationships and the law they produce. The Elevator Effect presents a clear and highly readable narrative backed by analysis of judicial behavior throughout the U.S. federal judicial hierarchy to demonstrate that the institutional structure in which judges operate substantially tempers judicial behavior. Written in a broad and accessible style, this book will captivate students across a range of disciplines, such as law, political sciences, and empirical legal studies, and also policymakers and the public.
Enhancing the Rule of Law in the European Union's External Action by
This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively. Using EU legislation and case law, the book identifies the essential elements of the rule of law, and distinguishes the general limits it places on the behaviour of public authorities. Focusing on EU sanctions, trade policy and relations with neighbouring and membership candidate countries, it argues that the EU's promotion of the rule of law internally and externally has strengthened considerably over time. Nevertheless, given the degradation of the rule of law on the international scene, contributors call for an overhaul of EU rule of law policy to uphold the EU's ethical commitments and strengthen its international standing. This book will be an important read for scholars and students of European law, trade law and international relations. Presenting detailed analyses of EU policy and case law, it will also be highly useful for practitioners and policy-makers seeking to promote human rights and democracy.
European Migration Law by
This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.
Fair and Equitable Treatment and the Rule of Law by
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime. Fair and Equitable Treatment and the Rule of Lawprovides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state's national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development. This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it.
The Future of Environmental Law by
Environmental law is evolving from negotiating and prescribing environmental policies to enforcing time-bound, measurable and achievable goals in order to secure a sustainable future. This pertinent and thought-provoking book analyzes the legal instruments that have been successful in working towards requisite targets for ecological sustainability. Featuring contributions from leading scholars, this insightful book discusses the future challenges and innovative applications of environmental law to assist in achieving sustainability goals in an efficient and timely manner. Chapters focus on topics such as the role of international environmental law in the interpretation of human rights, the legal dimension of sustainability, and the proliferation of offshore renewable energy in European seas. The book concludes by analyzing some key international case studies, including the issue of salinization from a legal perspective in the Netherlands, and the relevance of groundwater for the development of the Brazilian semiarid region. Providing a comparative environmental law outlook which is both ambitious and realistic, this book will be essential reading for students, scholars, and researchers in environmental law, public international law, responsible consumption, and sustainable cities and communities. This book will also be of interest to policy makers and government officials working towards the sustainable development goals.
Influence Operations in Cyberspace and the Applicability of International Law by 
Internal Displacement and the Law by
The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.
International Criminal Tribunals and Domestic Accountability by
In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level. Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, this book develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Patryk I. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power. By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.
International Law and Sea-Dumped Chemical Weapons by
Following the two world wars of the twentieth century, governments decided to dispose of unwanted chemical weapons in the world's oceans. The deleterious consequences of this decision for the earth's precious marine environment are now becoming clear. As the issue of sea-dumped chemical weapons cannot be contained by borders, we will all have to deal with the adverse effects on our fragile planetary ecosystem. While states have made some efforts to address the situation, unresolved international legal issues remain. International Law and Sea-Dumped Chemical Weapons contains a systematic conceptual analysis of the international legal frameworks governing the remediation of sea-dumped chemical weapons. Where deficiencies are found in the law, legal solutions are offered. In addition, practical approaches to the problem are explored. Furthermore, the book argues that solutions to this environmental hazard rely on a holistic awareness-and acceptance-of how humanity's past actions have damaged our ecosystem. Aiming to bring about the necessary will to overcome this challenge, this volume identifies and analyses the problem, offers guidance, and provides hope to the current and succeeding generations so that we can solve the problem of sea-dumped chemical weapons and restore balance to our ecosystem.
Investment Crowdfunding by
Authored by a leading global expert in the field of investment crowdfunding, this timely book presents a comprehensive guide to a new online marketplace for entrepreneurial capital. Professor of Law and Fulbright Scholar Andrew A. Schwartz marries theory with a decade of on-the-ground research to give lawyers, students, scholars, and policymakers a one-stop shop for everything they need to know about investment crowdfunding, its regulation, and how to improve it. Readers in the general public will find Investment Crowdfunding an accessible and engaging introduction into what is poised to become a household phrase. This book analyses American law-in particular, the JOBS Act and Regulation Crowdfunding-and compares it to the legal regimes in the UK, Canada, the EU, Australia, and New Zealand. Schwartz's prescription is liberal in the classical sense: Policymakers should rely on private ordering and financial incentives, rather than law and regulation, to govern and police the market.
Islands, Law and Context by
This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognising that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation. Addressing the impact of rising sea levels on the interests and rights of islands and the increasing construction of artificial islands, the authors make the case for a major change in approach to the topic. This book offers international lawyers a thought-provoking reappraisal of a vital issue. It will be a useful resource for human geography and international relations scholars wishing to deepen their understanding of a key politically-contested and increasingly pressing debate in international law.
IT Contracts and Dispute Management by
This thoroughly revised and expanded second edition of IT Contracts and Dispute Managementprovides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic. Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court's judgment on 'no oral modification' clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.
Jurisdiction, Recognition and Enforcement in Matrimonial and Parental Responsibility Matters by
This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts. Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law.
The Law of Treaties by
Presenting up-to-date case law and a freshly updated bibliography, this second edition of The Law of Treatiesis a valuable addition to contemporary international law scholarship. It offers much-needed clarity on complicated cases and questions whilst maintaining a highly readable style. This timely second edition offers both theoretical and practical insights into the modern law of treaties. Chapters include new additions based on recent legal developments, such as updated information on the invalidity of treaties, and provides precise legal analyses through the integration of modern treaty practice. The Law of Treatieswill be highly beneficial for students and academics of international law, politics and international relations looking to expand their knowledge of international affairs. It will also be a valuable read for practitioners wishing to remain informed about new treaties law.
The Laws of Restitution by
In The Laws of Restitution, Robert Stevens shows that there is no unified law of restitution or unjust enrichment. Instead, there are seven or eight different kinds of private law claim, depending on how you count them, which have nothing important in common one with another that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. "Restitution" or "unjust enrichment' should cease to be discussed as unified areas of law. With close attention to caselaw and legislation, the work identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. It explains how the law of restitution relates to, and is bound up with, contract, torts, equity, and property law.
The Legal Effects of EU Soft Law by
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law. The book opens with an exploration of the meaning and scope of EU soft law's legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law's legal effects within three areas of EU legislation, namely financial supervision, technical standardisation and telecommunications law. Advancing a legal and argumentative toolkit to evaluate and improve EU soft law's persuasiveness, this title will be advantageous to academics, practitioners and policy-makers with specialisations in European law, constitutional and administrative law and regulation and governance.
The Max Planck Handbooks in European Public Law by
The Max Planck Handbooks in European Public Law describe and analyse 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 make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise 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 outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.
Medicine and the Law under the Roman Empire by
What happens when we juxtapose medicine and law in the ancient Roman world? This innovative collection of scholarly research shows how both fields were shaped by the particular needs and desires of their practitioners and users. It approaches the study of these fields through three avenues. First, it argues that the literatures produced by elite practitioners, like Galen or Ulpian, were not merely utilitarian, but were pieces of aesthetically inflected literature and thus carried all of the disparate baggage linked to any form of literature in the Roman context. Second, it suggests that while one element of that literary luggage was the socio-political competition that these texts facilitated, high stakes agonism also uniquely marked the quotidian practice of both medicine and law, resulting in both fields coming to function as forms of popular public entertainment. Finally, it shows how the effects of rhetoric and the deeply rhetorical education of the elite made themselves constantly apparent in both the literature on and the practice of medicine and law. Through case studies in both fields and on each of these topics, together with contextualizing essays, Medicine and the Law Under the Roman Empire suggests that the blanket results of all this were profound. The introduction to the volume argues that medicine was not contrived merely to ensure healing of the infirm by doctors, and law did not single-mindedly aim to regulate society in a consistent, orderly, and binding fashion. Instead, both fields, in the full range of their manifestations, were nested in a complex matrix of social, political, and intellectual crosscurrents, all of which served to shape the very substances of these fields themselves. This poses forward-looking questions: What things might ancient Roman medicine and law have been meant or geared to accomplish in their world? And how might the very substance of Roman medicine and law have been crafted with an eye to fulfilling those peculiarly ancient needs and desires? This book suggests that both fields, in their ancient manifestations, differed fundamentally from their modern counterparts, and must be approached with this fact firmly in mind.
Multilateral Compliance Mechanisms in EU Environmental Law by
Prompted by recent events in the EU's international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU's external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with a key instrument of international environmental governance. The author examines the role of compliance mechanisms in EU environmental action, from establishing these treaty-based mechanisms within EU legal boundaries, to utilising non-compliance decisions at EU level. The book concludes with an evaluation of the extent to which EU law enables the EU to preserve, protect, and improve the global environment with the aid of compliance mechanisms, as required by its own Treaties. Multilateral Compliance Mechanisms in EU Environmental Lawwill be an essential resource for scholars in environmental law, European law, international relations, and public international law. It will also be beneficial for EU officials and policymakers, and environmental advocates and campaigners.
Oxford Studies in Private Law Theory: Volume II by
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Professional Judgment for Lawyers by
Written by the leading authority on legal decision making, Professional Judgment for Lawyersintegrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to illuminate and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries. Key Features: Analyzes the quality of decision making by lawyers, clients, judges, mediators, and arbitrators Shows how race, gender, age, roles, experience, personality, perception, memory, and emotions affect decision making by lawyers and judges Identifies deficiencies in professional decision making and proposes corrective steps Discusses impact of professional judgment and decision making on major societal issues like access to justice, plea bargaining, mass incarceration, superannuated judges, and public confidence in the judicial system Describes strengths and weaknesses in personal decision-making styles and provides a self-assessment tool to evaluate individual styles Integrates law, neuroscience, psychology, behavioral economics, analytics, and organizational behavior in a comprehensive, multi-disciplinary examination of legal judgment and decision making This book has the unique capacity to replace idealized, theoretical concepts of legal decision making with empirical analyses and practical applications for lawyers, judges, law students, and other knowledgeable readers intrigued by the law, justice, and decision making.
Provisional and Emergency Measures in International Arbitration by
The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties' rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.
Tracing Value Change in the International Legal Order by
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.