#SayHerName by
Fill the void. Lift your voice. Say Her Name. Black women, girls, and femmes as young as seven and as old as ninety-three have been killed by the police, though we rarely hear their names or learn their stories. Breonna Taylor, Alberta Spruill, Rekia Boyd, Shantel Davis, Shelly Frey, Kayla Moore, Kyam Livingston, Miriam Carey, Michelle Cusseaux, and Tanisha Anderson are among the many lives that should have been. #SayHerName provides an analytical framework for understanding Black women's susceptibility to police brutality and state-sanctioned violence, and it explains how--through black feminist storytelling and ritual--we can effectively mobilize various communities and empower them to advocate for racial justice.
Access to Justice in Rural Communities by
This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally.It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law.
American Indian History on Trial by
Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary;for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring;the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.
Bennett's A to Z guide to small business bankruptcy and insolvency by
Bennett’s A to Z Guide to Small Business Bankruptcy and Insolvency, 2nd Edition is a practical guide for lawyers, accountants, trustees, and lenders regarding the complete bankruptcy process. Written by bankruptcy and insolvency expert Frank Bennett, the second edition includes up-to-date key legislative changes since the first edition published over 20 years ago.
The Breakup of India and Palestine by
This book is the first study of political and legal thinking about the partitions of India and Palestine in 1947. The chapters in the volume, authored by leading scholars of partition, draw attention to the pathways of peoples, geographic spaces, colonial policies, laws, and institutions that connect them from the vantage point of those most engaged by the process: political actors, party activists, jurists, diplomats, philosophers, and international representatives from the Middle East, South Asia, and beyond.
The Cambridge Companion to the International Court of Justice by
As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.
Canadian Education Law and Global Comparative Studies for Teachers and Administrators by
Canadian Education Law and Global Comparative Studies for Teachers and Administrators is a comprehensive and essential resource that addresses the legal issues and challenges faced by educators in Canada and provides a comparative perspective on global education law. With the increasing demands from parents and students and the tightening of educational resources, teachers and administrators need to be well-informed about their rights and the legal framework governing the education system.
Children, the law, and the welfare principle : perspectives from North America by
This book continues the themes addressed by its two predecessors in this mini-series by examining the role of the principle of the welfare interests of the child in the law of the U.S. and Canada. It provides a record of the key milestones in its development in each country and conducts a comparative analysis of the contemporary law relating to children in both.
Children in Migration by
An effective protection of minors, whose migration status is not regulated, but whose numbers keep increasing, is an issue in all regions of the globe. Accordingly, one the main areas of reflection in the present volume are legal obligations applicable to children lacking proper documentation, citizenship or registration and thus being in an "irregular' situation.
Criminal Justice and the Ideal Defendant in the Making of Remorse and Responsibility by
This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated?
Critical and Comparative Rhetoric by
Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law's current structures that often perpetuate and reinforce systems of privilege and power.
Disability insurance law in Canada ; Third edition. by
Disability Insurance Law in Canada (Third Edition) is a comprehensive and practical guide to the law of disability insurance in all of the common law provinces in Canada. The text provides a detailed and authoritative guide of all issues concerning disability insurance litigation in Canada with over 850 case citations. This book includes input from leading practitioners across Canada, both plaintiff and defence, and provides readers with a detailed overview of the fundamentals of the practice, ensuring non-specialists can take on cases with confidence.
Dismembered by
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
Doug Knockwood, Mi'kmaw Elder by
Freeman Douglas Knockwood is a highly respected Elder in Mi'kmaw Territory and one of Canada's premier addictions recovery counsellors. The story of his life is one of unimaginable colonial trauma, recovery and hope. At age 6, Knockwood was placed in the Shubenacadie Residential School, where he remained for a year and a half. Like hundreds of other Mi'kmaw and Maliseet children, he suffered horrible abuse. By the time he reached his twenties, he was an alcoholic. He contracted tuberculosis in the 1940s, had one lung and several ribs removed. Having hit rock bottom, Knockwood gained sobriety in his thirties through Alcoholics Anonymous. He went on to become a much sought after drug and alcohol rehabilitation counsellor in Canada. Many of Doug's initiatives have been implemented across Canada and used by thousands of people, both Indigenous and non-Indigenous. Looking back now, says Doug, "I realize I wasn't only helping them. They were helping me to gather strength in my presentations, in feeding them the knowledge I received, the same as it was fed to me. That helped me to gain confidence in myself; doing all these things that I didn't know I could yet do". This book is an in-depth look at Doug Knockwood's life that also casts a wide and critical glance at the forces that worked to undermine his existence and the indomitable spirit of a man who recovered from, yet still struggles to overcome, those forces.
The End of Family Court by
Explores the failures of family court and calls for immediate and permanent change At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court.
Evidence of Things Seen by
From Sarah Weinman, the award-winning editor of Unspeakable Acts, a groundbreaking new anthology showcasing the future of the true crime genre True crime, as an entertainment genre, has always prioritized clear narrative arcs: victims wronged, police detectives in pursuit, suspects apprehended, justice delivered. But what stories have been ignored?
The first nations : Indian governments in the community of man by 
Flic by
The story of a French journalist who infiltrated the country's police force, revealing a culture of racism and violence in which officers act with impunity. What happens behind the walls of a police station? In order to answer this question, undercover journalist Valentin Gendrot puts his life on hold for two years. He decides to undertake training and become a police officer. Several months later, Gendrot is working in a police station in one of the tough northern arrondissements of Paris, where relations between the law and locals are strained.
Gender, constitutions, and equality : a global comparison by
This book addresses whether the "gendering" of constitutions promotes women's equality. The authors use a mixed-method approach to explore how constitutional gender rights affect political processes and strategies, legislative and judicial outcomes, and ultimately women's equality. They employ a cross-national study by constructing a unique database of gender provisions in over 100 countries at three points in time: 1995, 2005, and 2015. Four in-depth comparative case studies on Argentina, Chile, South Africa, and Botswana, trace the complex relationship between constitutional law, strategies, and policy change in four policy areas: family law, gender-based violence, reproductive rights, and employment rights.
Genocides and Xenophobia in South Asia and Beyond by
This volume foregrounds some of the unknown or lesser-known incidents of xenophobia and genocide from India, Bangladesh, Sri Lanka, South Africa, and Rwanda. It critically analyses the cultural and structural contexts triggering these various forms of genocides and xenophobia, and situates them within modern histories of violence and human tribulations.
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.
The law of contempt in Canada by
Historical introduction -- Contempt of court : general definitions and overview -- Constitutional law and Charter of Rights considerations -- Jurisdiction -- Procedural considerations -- Disobedience of court process and procedures -- Disobedience of court orders -- The sub judice or "publication contempt" rule -- Scandalizing the court : what's left of the law? -- Contempt of other bodies and offices -- Defences : an overview -- Penalties/sentencing digest -- Appeals
The law of trade secrets and confidential information in Canada by
"Trade secrets and confidential commercial information are information-based assets that are not widely known and which have value from not being widely known, and which have been the subject of reasonable steps to maintain and continue their secrecy. Today they pertain to some of the most important assets in the digital and knowledge economies. In this timely overview of the law, this text examines the Canadian law on trade secrets and confidential information in all of its relevant domestic contexts, including the unique approaches of both the common law and civil law, relevant procedural considerations, criminal and national security dimensions of the law, and access to information frameworks.
Migrant Labour and the Reshaping of Employment Law by
The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis.
Moral pluralism and the complexity of punishment : the penal philosophy of H.L.A. Hart by
"This book advances a new interpretation of Hart's penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule-utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal and constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment.
Murder, Wrongful Conviction and the Law by
This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of high-profile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in Comparative Law, Criminology and Psychology.
Northern Indigenous Community-Led Disaster Management and Sustainable Energy by
This book examines how current energy and water management processes affect Indigenous communities in North America, with a specific focus on Canada. Currently, there is no known Indigenous community-led strategic environmental assessment (ICSEA) tool for developing community-led solutions for pipeline leak management and energy resiliency. To fill this lacuna, this book draws on expertise from Indigenous Elders, Knowledge-keepers, and leaders representing communities who are highly affected by pipeline leaks. These accounts highlight the importance of providing Indigenous communities with technical information and advice, allowing them to practise community-led disaster management, and giving them direct access to lawyers and decision-makers. If implemented into current policy and practice, these tools would succeed in helping rural Indigenous communities make strategic choices for sustainable energy management and utilize their lands, traditional territories, and natural resources to develop a robust, sustainable energy future.
Principles of Federal Indian Law by
Fletcher's Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail. This book is a useful introduction to the field for both students and practitioners.
The Quantified Worker by
The information revolution has ushered in a data-driven reorganization of the workplace. Big data and AI are used to surveil workers and shift risk. Workplace wellness programs appraise our health. Personality job tests calibrate our mental state. The monitoring of social media and surveillance of the workplace measure our social behavior. With rich historical sources and contemporary examples, The Quantified Worker explores how the workforce science of today goes far beyond increasing efficiency and threatens to erase individual personhood. With exhaustive detail, Ifeoma Ajunwa shows how different forms of worker quantification are enabled, facilitated, and driven by technological advances.
Rawls's 'a Theory of Justice' at 50 by
In 1971 John Rawls's A Theory of Justice transformed twentieth-century political philosophy, and it ranks among the most influential works in the history of the subject. This volume of new essays marks the 50th anniversary of its publication with a multi-faceted exploration of Rawls's most important book.
Rikers by
NEW YORK TIMES EDITORS' CHOICE . A shocking, groundbreaking oral history of the infamous Rikers jail complex and an unflinching portrait of injustice and resilience told by the people whose lives have been forever altered by it "This mesmerizing and gut-wrenching book shows the brutal realities that tens of thousands of people have been forced to navigate, and survive, in America's most notorious jail."-Piper Kerman, New York Times bestselling author of Orange is the New Black What happens when you pack almost a dozen jails, bulging at the seams with society's cast-offs, onto a spit of landfill purposefully hidden from public view? Prize-winning journalists Graham Rayman and Reuven Blau have spent two years interviewing more than 130 people comprising a broad cross section of lives touched by New York City's Rikers Island prison complex-from incarcerated people and their relatives, to officers, lawyers, and commissioners, with stories spanning the 1970s to the present day. The portrait that emerges calls into question the very nature of justice in America. Offering a 360-degree view inside the country's largest detention complex, the deeply personal accounts-featured here for the first time-take readers on a harrowing journey into every corner of Rikers, a failed society unto itself that reflects society's failings as a whole.
The Si'lailo Way by
This book traces more than a century of legal, political, and social battles waged by Columbia River Indians as they fought for the survival of wild salmon and their inherent right to harvest them. Many of the stories focus on Celilo Falls, a place of captivating natural beauty and spirituality that also served as a trade center for tribes throughout the Northwest.
Social Parenthood in Comparative Perspective by
Investigates social parents - people who function as parents but who may not be recognized as such in the eyes of the law What makes a person a parent? Around the world, same-sex couples are raising children; parents are separating and re-partnering, creating blended families; and children are living with grandparents, family friends, and other caregivers. In these situations, there is often an adult who acts like a parent but who is unconnected to the child through biogenetics, marriage, or adoption--the common paths for establishing legal parenthood. In many countries, this person is called a "social parent." Psychologically, and especially from a child's point of view, a social parent is a parent. But the legal status of a social parent is hotly debated. Social Parenthood in Comparative Perspective considers how the law does--and how it should--recognize social parenthood.
Standoff by
"A powerful, illuminating book." --LOUISE ERDRICH, author ofThe Night Watchman Native young people and elders pray in sweat lodges at the Océti Sakówin camp, the North Dakota landscape outside blanketed in snow. In Oregon, white men and women in army surplus and western gear, some draped in the American flag, gather in the buildings of the Malheur Wildlife Refuge. The world witnessed two standoffs in 2016: the Standing Rock Sioux Tribe's protest against an oil pipeline in North Dakota and the armed takeover of Oregon's Malheur Wildlife Refuge led by the Bundy family.
Teaching family law : reflections on pedagogy and practice by
"This book provides a comprehensive analysis of the teaching of an eclectic range of family law topics and the unique opportunities and challenges of teaching family law in different jurisdictions from a varied international perspective. Written by leading legal scholars, the book addresses a gap in the scholarship to comprehensively and systematically analyse the teaching of family law. The first part of the book explores ways of teaching the varied range of topics under the heading of family law and captures the diverse approaches to the discipline. Chapters illustrate how the subject can be best taught in an interdisciplinary way that considers feminist perspectives and the philosophy of teaching, while encompassing legal positivism, empirical research and critical legal theory
The Thriving Lawyer by
The Thriving Lawyer: A Multidimensional Model of Well-Being for a Sustainable Legal Profession is based on an innovative model, grounded in science. This book serves as a resource for promoting well-being and culture-change in the legal community by educating about pertinent issues impacting lawyers, and how to address them. It is a roadmap, highlighting the many over-arching and inter-connected aspects of well-being, and enabling readers to identify and target the issues most relevant to their unique situations.
Transgender People and Criminal Justice by
This cutting-edge book examines the unique issues that transgender identities face globally in the criminal processing system through empirical and theoretical contributions. The contributing authors range from established transgender scholars, transgender equality rights activists, transgender policy influencers, researchers from non-profit groups, and former criminal justice practitioners.
Abuse of Process by
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
Armed Groups and International Law by
Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Lawprovides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.
Building an International Cybersecurity Regime by
Providing a much-needed study on cybersecurity regime building, this comprehensive book is a detailed analysis of cybersecurity norm-making processes and country positions, through the lens of multi-stakeholder diplomacy. Multidisciplinary and multinational scholars and practitioners use insights drawn from high-level discussion groups to provide a rigorous analysis of how major cyber powers view multi-stakeholder diplomacy. Looking at how past cybersecurity initiatives and multi-stakeholder negotiations in other fields illuminate its dynamics, this book will help put states' approaches towards multi-stakeholder cyber diplomacy into perspective, and frame the role of private actors in cybersecurity regime building. Evaluating the most promising institutional arrangements and mechanisms for implementing cybersecurity, this book combines top-down analyses relevant to the design of international cybersecurity regimes with bottom-up case studies, tracing the approaches of important states towards multi-stakeholder participation in cyber diplomacy. With a wealth of policy-relevant findings, this book will be welcomed by practitioners and scholars of international law, international organization and international cybersecurity as well as multi-stakeholder governance and multilateral regimes. Policymakers and diplomats involved in international cybersecurity processes will also benefit from its cutting-edge comparative analysis of the approaches of key cyber powers.
Civil Recovery of Criminal Property by
Follow-the-money' approaches are increasingly being adopted to tackle organized crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery--like other civil/criminal hybrids--straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a comprehensive analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organized crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.
Cryptocurrency Regulation by
This incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators in the US, in order to understand why these statutes proved to be ineffective in regulating this new asset class. It further analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation. Providing a sector-by-sector exploration of the financial services industry, the book delves into the Securities and Exchange Commission's (SEC) efforts to regulate cryptocurrencies, highlighting the flaws in its jurisdictional claims, as well as the exclusion of "actual delivery" contracts from Commodity Futures Trading Commission (CFTC) jurisdiction and how this applies to cryptocurrencies. The chapters chart the invention and rise of cryptocurrencies, fluctuations in the cryptocurrency market, and the regulation of cryptocurrencies under banking laws, the Federal Securities Laws, and as 'commodities'. In addition, it reviews the application of banking and money transmitter regulations to cryptocurrency trading platforms and proposes a bespoke regulator structure for cryptocurrencies. Cryptocurrency Regulation: A Primeris an essential resource for students and scholars of economics, finance and banking law, and internet and technology law. It will also be beneficial for financial services professionals, regulators, and members of the financial press.
Elgar Encyclopedia of Comparative Law by
Bringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Lawis the most comprehensive reference work in the field of comparative law. The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics - showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology. Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world's most important jurisdictions.
England and the Papacy in the Early Middle Ages by
England and the Papacy in the Early Middle Ages: Papal Privileges in European Perspective, c. 680-1073 provides the first dedicated, book-length study of interactions between England and the papacy throughout the early middle ages. It takes as its lens the extant English record of papal privileges: legal diplomas drawn-up on metres-long scrolls of Egyptian papyrus, acquired by pilgrim-petitioners within the city of Rome, and then brought back to Britain to negotiate local claims and conflicts. How, why, and when did English petitioners choose to invoke the distant authority of Rome in this way, and how did this compare to what was taking place elsewhere in Europe? How successful were these efforts, and how were they remembered in later centuries? By using these still-understudied papal documents to reassess what we know of the worlds of Bede, the Mercian Supremacy, the West Saxon 'Kingdom of the English', and the Norman Conquest--locating them in the process within a comparative, Europe-wide setting--this book offers important new contributions to Anglo-Saxon studies, legal and documentary history, papal history, and the study of early medieval Europe more widely. It also includes an annotated handlist of the corpus of English papal privileges up to 1073--a critical reference work for future research in the field.
EU Supervision of Energy Derivative Trading by
This timely book provides a detailed analysis of the regulatory landscape of energy derivatives trading in the EU. Liebrich Hiemstra argues that current supervision of the sector is too opaque and identifies how more effective legal remedies can be created to safeguard important legal values. Analysing the intersection of the energy and financial sectors, this book references key judgments from the EU Court of Justice to examine the interactions between energy derivatives supervisory bodies and market participants active in energy trading.
Financial Institutions in Distress by
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.
From Morality to Law and Back Again by
John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Immigration Law Handbook 11e by
The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges, barristers, solicitors, and caseworkers working in immigration, asylum, and human rights law. In this new edition, all sections have been updated to reflect the various changes to the immigration rules since 2018, especially as a result of Brexit and the COVID-19 pandemic. Most notable is the inclusion of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 which made provision to end rights to free movement of people under EU law and to repeal other EU law relating to immigration. Three new Statutory Instruments set the transitional and saving provisions to which the Immigration (European Economic Area) Regulations 2016 are now subject. Four more new Statutory Instruments are also included: The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 and three relating to Brexit: The Immigration (European Economic Area Nationals)(EU Exit) Order 2019; Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020; and The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020. The Immigration Rules have been subject to 22 statements of changes since the last edition, some of which are significant. This edition captures all changes in the Immigration Rules up to and including those coming into force in July 2021. The Tribunals, Courts and Enforcement Act 2007, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum) Rules 2014 and the Tribunal Procedure (Upper Tribunal) Rules 2008 all include amendments made in response to circumstances arising as a result of the COVID-19 pandemic. The Procedure Rules and Practice Directions section has been expanded to include practice statements and brought up to date with the latest rules and guidelines. Finally, the European Materials section has been streamlined to include just the two most relevant, relating to free movement and workers' rights. Coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information.
Indigenous Peoples and Mining by
Indigenous peoples have occupied their territories for thousands of years, territories that are increasingly being mined by an industry applying the most modern extractive, marketing, and transport technologies on a scale that can be difficult to comprehend. Mining reshapes landscapes, literally moving mountains and diverting rivers; the Indigenous owners of these landscapes often believe them to have been originally shaped by ancestor beings who still reside at mining locations. This book seeks to understand the political, social, economic, and cultural dynamic that is created by the relentless expansion of mining into Indigenous territories. Contributing to such an understanding involves a task of global significance: Indigenous peoples embody a large part of the world's linguistic and cultural diversity; their lands cover an estimated 25 per cent of the world's land surface, intersect with about 40 per cent of all ecologically intact landscapes, and contain a large proportion of the world's mineral resources. Must interaction between Indigenous peoples and mining involve the destruction of Indigenous peoples, territories, and cultures? Can the remarkable resilience that has allowed Indigenous peoples to survive for millennia enable them not only to survive, but to capitalize on the development opportunities offered by mining? What role are governments, international organizations, and civil society playing in shaping relations between mining and Indigenous peoples? Ciaran O'Faircheallaigh addresses these and other questions by drawing on his own 30 years of experience working with Indigenous communities as they deal with mining projects, and on the experiences of Indigenous peoples in some 15 countries from different regions of the globe.
International Norm Disputes by
International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.
Islamic Jihadism and the Laws of War by
The rapid rise of global Islamic Jihadism in the past few decades and the limited success of the anti-terror campaign in halting its expansion have raised hard-hitting questions about how different political actors might preserve and restore the world's peace and security. Since the end of the Second World War, international law has often been the chief instrument employed to address global conundrums of this kind. Nevertheless, international law alone cannot solve this problem. Jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states while rejecting traditional international law rules. On the other hand, some states themselves ignore traditional international law rules to apply their so-called "counterterrorism" measures. The internationally recognized laws of war - created to protect those who do not participate in hostilities - are constantly challenged by jihadist groups and responding states in justification of their combat actions. In Islamic Jihadism and the Laws of War , Dr Omar Mekky explores both sides' legal frameworks, synthesising findings from both English and Arabic sources. Drawing from the author's field expertise as a legal advisor in the Middle East and North Africa, the book narrates how Islamic Jihadism began and evolved, outlines the laws jihadists apply during combat, addresses how states often react in their fights against jihadist groups, and aims for a pragmatic humanitarian legal formula. An essential resource for legal professionals, policymakers, academics, and students, Mekky's book initiates a constructive dialogue between international law and Islamic law.
Judging European Democracy by
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over the EU's constitutional underpinnings. Rather than opening up a space for discourse or addressing democratic problems with the EU's decision-making process, national courts risk taking sides in good faith political disagreements among elected legislators about constitutional questions relating to the EU, thus distorting, rather than protecting, the democratic decision-making process. Judging European Democracy uniquely combines constitutional and political theory with an in-depth case study of the German Constitutional Court, the EU's most authoritative constitutional court. Based on an extensive analysis of parliamentary debates, EU policy documents, and interviews with politicians, policymakers, and constitutional court judges, the case study shows how the German Constitutional Court has distorted political debate and democracy in the EU. Scholars, practitioners, and policymakers involved in political theory, political science, EU constitutional law, and European integration will find this book compelling.
Judicial uses of images : vision in decision by
This volume explores the use of images in legal decisions and its impact upon the transmission and authority of law. It addresses the impact of graphics, gifs, emojis, pictures, screenshots, photographs, film, and anim ÌŒon judicial reasoning.
The Law of Loyalty by
The Law of Loyalty is a study of the principles governing the use of legal powers that are held for other-regarding ends. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
The Legal Aspects of Shaming: an Ancient Sanction in the Modern World by
Offering an original legal definition of shaming, this incisive book argues for greater attention to shaming by legal scholars and practitioners. Suggesting nuanced procedures to regulate shaming in diverse areas of law, it seeks to make shaming by legal entities legitimate and effective, and to use legal mechanisms to limit inappropriate shaming. This book presents conceptual, normative, and descriptive insights of shaming by individuals, groups, and the state.
The Legitimacy of European Constitutional Orders by
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman's influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.
Making the Supreme Court by
Appointments to the United States Supreme Court are now central events in American political life. Every vacancy unleashes a bitter struggle between Republicans and Democrats over nominees; and once the seat is filled, new justices typically vote in predictable ways. However, this has not always been the case. As late as the middle of the twentieth century, presidents invested little time and effort in finding and vetting nominees, often selecting personal cronies, who senators briskly confirmed. Media coverage was desultory, public opinion was largely non-existent, and the justices often voted independently and erratically. In Making the Supreme Court, Charles M. Cameron and Jonathan P. Kastellec examine 90 years of American political history to show how the growth of federal judicial power from the 1930s onward inspired a multitude of groups struggling to shape judicial policy. Over time, some groups moved beyond lobbying the Court to changing who sits on it. Other groups formed expressly to influence appointments. These activists and organized groups penetrated the national party system so that after about 1980, presidential candidates increasingly pledged to select and confirm nominees who conformed to specific policy and ideological litmus tests. Once in office, these presidents re-shaped the executive selection system to deliver on their promises. Moreover, the selection process for justices turned into media events, often fueled by controversy. As Cameron and Kastellec argue, the result is a new politics aimed squarely at selecting and placing judicial ideologues on the Court. They make the case that this new model gradually transformed how the Court itself operates, turning it into an ideologically driven and polarized branch. Based on rich data and qualitative evidence, Making the Supreme Court provides a sharp lens on the social and political transformations that created a new American politics.
The Modern Doctrines of Champerty and Maintenance by
As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.
Natural Law and Modern Society by
Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are 'post-truth' and 'alternative facts'. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.
Non-Doctrinal Research Methods in Environmental Law by
This timely book explores the innovative non-doctrinal methods currently being used in environmental law research. Drawing on their extensive experience, expert contributors provide insight on how creative approaches to research can improve understanding of lawand policy, leading to more effective legal protection for the environment. Focusing on qualitative research, chapters explain how to use non-doctrinal methods in environmental law research, including in-depth examples of successful uses. Contributors identify the theoretical and practical challenges facing contemporary environmental lawresearchers, providing guidance on designing productive research programs. Alongside practical tips, the book examines the scholarly philosophy of environmental law research, determining how and why it differs from other areas of research. It focuses in particular on how to respect scientific principles when moving away from traditional doctrinal research methods. Non-doctrinal Research Methods in Environmental Law will be an invaluable guide for environmental law academics and researchers seeking to expand their understanding of modern research methods. With extensive case studies and practical guidance, it will also be a useful resource for research methods scholars and teachers.
North Korea and the Global Nuclear Order by
For a state that has gained a global reputation as a violator of international norms, not least through its unwavering pursuit of nuclear weapons, North Korea's determination to become a nuclear-armed state is puzzling. If nuclear weapons beget security, insecurity, and other costs for the state, how might we understand this pursuit, and the delinquent behaviour that has arisen from it? In North Korea and the Global Nuclear Order, Edward Howell offers an answer to this question, focusing on North Korea's quest for status in the international system and developing the theoretical framework of 'strategic delinquency'. Featuring previously unpublished and new interviews with international negotiators with North Korea, and drawing upon new academic literature, Howell proffers an original theoretical framework to apply to the North Korean case. Covering a time period from the 1990s to the present-day, and using unprecedentedly rich empirical evidence, he makes the overarching argument that North Korea has strategically deployed behaviour that breaks international norms in order to reap benefits. In so doing, this book posits how over time, North Korea has learnt that despite the low status and opprobrium that might ensue, bad behaviour can pay.
Purging the Odious Scourge of Atrocities by
Purging the Odious Scourge of Atrocities explains the growth of a small body of human rights law that bans the use of violence against a state's own population when it is deemed a mass atrocity. These laws are binding on all states regardless of whether they have accepted it by signing treaties, or whether it is consistent with widespread state practice. Yet, this challenges the doctrine of consent, which has traditionally been the foundation of international law. Bruce Cronin argues that qualitative changes in the form of global governance are leading to an expansion in the theoretical underpinnings of international law and its role in contemporary world politics. Specifically, in limited and well-defined areas of international law, states have begun to recognize the authority of collective international consensus over individual state consent as the source of some legal rules. Cronin supports this theory by examining the degree to which the international community has, via multilateral conferences among states, developed a consensus around the legal control of "excessive internal state violence"--that is, a level of coercive force that the international community considers to be disproportionate and illegitimate for pursuing state interests within its own borders. These practices, which the Genocide Convention refers to as an "odious scourge", include widespread, systematic attacks on civilian populations; violent persecution of defined groups (including genocide, ethnic cleansing, and apartheid); torture; and the violation of civilian immunity in internal armed conflicts. In these cases, state action is subject to general international law that overrides their consent. By allowing us to rethink the mechanisms that give international law actual force, Purging the Odious Scourge of Atrocities promises to reshape our understanding of why states are required to abide by human rights norms they never consented to by treaty or customary practice.
Renmin Chinese Law Review by
Renmin Chinese Law Review, Volume 10is the tenth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Volume 10 provides original perspectives on pressing legal issues, including the identification of terrorism, smart contracts, and murder committed by female victims of domestic violence. Expert contributors explore crucial areas of Chinese law, such as public order and morality; legal rhetoric and social community; procuratorial organs in national governance systems; equal protection in the law; and organizational control in criminal law. Featuring diverse and contemporary work, this book will be a valuable resource for scholars and students of Chinese law and politics, as well as policy-making and diplomatic professionals interested in the area.
Reparations in Domestic and International Mass Claims Processes by
Mass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation. Through an in-depth examination of the efficacy and efficiency of mass claims processes, Jason Scott Palmer analyses the actors involved and their roles, such as those who provide reparations and why these reparations are provided. Palmer carefully considers the utility of potential future mass claims reparations regimes through the use of hypothetical mass claims property losses, based on highly relevant case studies such as the Israeli-Palestinian conflict. He emphasizes that, to fully understand mass claims reparations programs, one must inspect the complete process of reparations funding and distribution.
Research Handbook on the Enforcement of EU Law by
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms. Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas. Employing multi-dimensional and comparative approaches, the Research Handbook on the Enforcement of EU Lawwill be a valuable resource for scholars of European law and politics, public administration, governance, and compliance. It will also be a useful guide for public officials seeking to (re)design and assess effective and enforceable policies.
Research Handbook on the Law of Professional Football Clubs by
This original Research Handbook examines the key legal aspects of a professional football club's actions. Reflecting also on the role of key governing bodies such as UEFA, the Handbook informs and contributes to the ongoing debate surrounding the governance and behaviours of professional football clubs. By placing professional clubs at the centre of the analysis, the Handbook offers an extensive overview of how law, particularly at a European level, is applied to professional football.
Researching Public Law in Common Law Systems by
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike. Researching Public Law in Common Law Systemswill be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.
Rethinking Drug Laws by
Drugs are pervasive in our everyday lives across cultures around the world. At the same time, they present one of the thorniest problems of twenty-first century policy, connected with concerns about crime, security, and public health. The global prohibition system, established a century ago, is widely seen to be failing and over the last decade alternative approaches have started to proliferate in some regions of the world, notably the Americas. Rethinking Drug Laws presents a radical intellectual reappraisal of how the international drug control system works, where it came from, and the possibilities for alternative futures. Drawing on an innovative interdisciplinary approach, the book develops new theoretical and conceptual tools for understanding how drug control functions, presents original archival research on the origins of drug prohibition, and explains ways that we can develop a better 'politics of drugs' that can reanimate drug law reform. Central to the book is the claim that to move beyond existing ways of seeing the global drug problem, we need to escape Western-centric thinking. In the Asian Century, will it be China that becomes the most significant player in shaping the future of drug policy and drug control?
Revisiting the Fundamentals of the Free Movement of Persons in EU Law by
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Transforming International Institutions by
Transforming International Institutions illuminates how a slow, quiet, subterranean process can produce big, radical change in international institutions and organizations. Drawing on historical institutionalism and interpretive tools of international law, Graham provides a novel theory of uncoordinated change over time. It highlights how early participants in a process who do not foresee the transformative potential of their acts, but nonetheless enable subsequent actors to push change in new directions to profound effect. Graham deploys this to explain how changes in UN funding rules in the 1940s and 1960s--perceived as small and made to solve immediate political disagreements--ultimately sidelined multilateral governance at the United Nations in the twenty-first century. The perception of funding rules as marginal to fundamental principles of governance, and the friendly orientation of change-initiators toward the UN, enabled this quiet transformation. Challenging the UN's reputation for rigidity and its status as a bastion of egalitarian multilateralism, Transforming International Institutions demonstrates that the UN system is susceptible to subtle change processes and that its egalitarian multilateralism governs only a fraction of the UN's operational work.
Wrongs, Harms, and Compensation by
Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.