Achieving fairness : a guide to campus sexual violence complaints by
Anyone drawn into decision-making on a campus sexual violence complaint faces a steep learning curve. They may be called upon to determine whether interim measures should be imposed; whether complaints can proceed in tandem with criminal charges; how to balance privacy and confidentiality with demands for accountability and transparency; whether a report of sexual violence is credible; and what sanctions or remedial actions are appropriate. All the while, they must ensure that the procedures used are fair, efficient, probative of the issues to be determined, and bias-free. This book will guide readers through the procedural, evidentiary, substantive and discretionary legal issues that can arise when these complaints are made
Border Rules by
This book examines both border policies and oppositional narratives of "the border," 2011-2021, demonstrating that the term designates not merely a line of territorial control but also a set of social relations shaped by persistent, racially differentiated colonial structures and, more recently, by neoliberal modes of accumulation. These relations are shown to determine access to wealth and/or resources and to enable the management of labor, the extraction of surplus, and the accumulation of capital. Discussion in the book is informed by the history of these policies and by the critical literature on borders. Various cultural texts focusing on two border zones--the US-Mexico and the EU-Southern Mediterranean--are analyzed: specifically, two novels, two films, and two murals examined in conjunction with a music video. A path to a borderless future is suggested: an abolitionist refusal of border rules with an insistence on the necessity of abolition.
The Canadian law of consent to treatment by
The entire patient-provider relationship rests on consent to treatment. This book anticipates the possibility of a breakdown - and provides solutions to what could otherwise be a legal and risk management nightmare. It provides comprehensive coverage of issues affecting Canadian consent to treatment, including criteria for valid consent, when consent is not required, issues with respect to consent and reproduction, human research and tissue donation, determining capacity, refusing consent, documenting consent and preventative measures that can be used to avert litigation
Comparative Law and the Task of Negative Critique by
This book's essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified 'good' comparison. While a critique would pursue adjustments to the prevailing model, this text's negative critique seeks a much more radical refurbishment as it utters an emphatic 'no' to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law's institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law - in particular, individuals bringing to bear a critical inclination to their subject-matter.
Constitutionalism and a Right to Effective Government? by
Nations around the world are facing various crises of ineffective government. Basic governmental functions--protecting rights, preventing violence, and promoting material well-being--are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores "effective government" as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.itutionalism, comparative law, governance, democracy, the rule of law, and rights.itutionalism, comparative law, governance, democracy, the rule of law, and rights.itutionalism, comparative law, governance, democracy, the rule of law, and rights.
Disability Rights and Inclusiveness in Africa by
Grassroots researchers examine the barriers and ways of implementing the UN Convention on the Rights of Persons with Disabilities (CRPD) in Africa.Many have praised the United Nations Convention on the Rights of Persons with Disabilities (CRPD), first adopted by the UN in 2006, as a revolutionary step towards disability rights in Africa. But how real is the progress towards equality for persons with physical disabilities, mental health difficulties, blindness, deafness or albinism? What are the barriers to the CRPD's successful implementation on the continent, and how might we enforce inclusiveness and equality among those disadvantaged? This book brings together the findings of researchers in Ghana, Cameroon, Nigeria, Ethiopia, Uganda, Kenya, Zimbabwe and South Africa to offer grassroots' perspectives on the challenges and possibilities of achieving disability rights under the CRPD. Challenging the generally optimistic view presented to date, the contributors provide evidence-based trenchant critiques of the Convention, highlight the ways in which disability rights are interpreted in varying contexts and with different disabilities, and examine particular issues in relation to children and women. Finally, the contributors suggest ways of moving forward and achieving disability rights in Africa. Convention, highlight the ways in which disability rights are interpreted in varying contexts and with different disabilities, and examine particular issues in relation to children and women. Finally, the contributors suggest ways of moving forward and achieving disability rights in Africa. Convention, highlight the ways in which disability rights are interpreted in varying contexts and with different disabilities, and examine particular issues in relation to children and women. Finally, the contributors suggest ways of moving forward and achieving disability rights in Africa. Convention, highlight the ways in which disability rights are interpreted in varying contexts and with different disabilities, and examine particular issues in relation to children and women. Finally, the contributors suggest ways of moving forward and achieving disability rights in Africa.
An emergency in Ottawa : the story of the Convoy Commission by
"On Feb 14, 2022, Prime Minister Justin Trudeau made what might be the most controversial decision of his tenure, invoking the Emergencies Act to end a three-week occupation of downtown Ottawa by truckers protesting mandatory COVID-19 vaccine mandates. Proclaimed in 1988, the Emergencies Act is designed to give federal officials extraordinary powers in the event of threats to Canada’s national security that can’t be managed under existing laws. Trudeau used it to make the protest illegal, freeze the accounts and cancel the vehicle insurance of participants, requisition tow trucks to clear protestors from the streets, among other measures. The government defended the first-ever invocation of the act as just and necessary; several premiers and the Canadian Civil Liberties Association called it an assault on democratic rights and civil liberties. As required by the act, Trudeau appointed a commission of inquiry into its use. Last November, justice Paul Rouleau held three weeks of riveting hearings that included testimony by so-called Freedom Convoy organizers, police officials, cabinet ministers, and Trudeau himself. Award-winning author Paul Wells was a regular visitor to the inquiry. Witnesses described layer on layer of dysfunction and acrimony in every organization that converged on Parliament Hill -- three levels of government, three police forces, and the protesters themselves. How does a society make crucial decisions when everyone is exhausted, nothing works, and the noise from the truck horns and the shouting is deafening? And how do the protagonists regroup to make their case in the sterile, weird environment of a public inquiry? That's the story inside-a-story of the Emergency in Ottawa."
Insider trading in Canada : a practical guide to the law ; 3rd edition. by 
International Commercial Mediation by
In this comprehensive comparative study, Ronán Feehily analyses the legal and regulatory issues surrounding international commercial mediation and discusses their implications in a range of settings. While existing literature tends to cover mediation in general, Feehily places the commercial mediation process in its legal and regulatory context, offering an original contribution to the field. The book identifies the controversies that arise from the mediation process across numerous jurisdictions and discusses them in detail. Comparing the mediation process in Europe, North America and Australia, as well as other common, civil and 'mixed' jurisdictions, Feehily demonstrates where systemic differences are transcended and where they are significant. Organised systematically and written in an accessible style, Feehily offers an international, holistic guide to the commercial mediation process.
Iskotew iskwew : poetry of a Northern rez girl by
Iskotew iskwew : poetry of a northern rez girl is a poetry collection written during a period of trauma while the author was working as a statement taker and Counsel to the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2017. This book portrays the author's lived experience as an indigenous woman raised on the Pelican Narrows Reserve in the 1980s, her memories of the wilderness, and her experiences as a residential school survivor. With this collection, the author seeks to teach and inform Canadians of her foundational truth, growing up as an Indigenous woman on the land in a remote area of Northern Saskatchewan."
Judicial Dispute Resolution by
We are concerned about the role of the courts, particularly judges, in guaranteeing justice. We are impressed with the success of the courts in Canada that are using what is called judicial dispute resolution (JDR). We also describe similar efforts in other parts of the world wherethe court helps parties resolve their differences in a timely way, not by deciding who is right and wrong, but by assisting the parties in resolving their differences and mendingtheir relationships.The judges who do this mediate, rather than adjudicate. All judges, worldwide, have responsibility for and authority over the procedures that are used in their courtrooms. This book describes the ways in which a judge can facilitate problem-solving between litigants. JDR is similar to mediation, alternative dispute resolution (ADR),as it is sometimes called, but it is provided by a judge, not a private mediator (as in the United States). This increases the chances of success. A judge, unlike a private mediator, can give the parties a definitive forecast of the likely legal outcome they can expect if their case proceeds to trial. JDR also affords the parties substantial assistance in working out the terms of a mutually agreeable outcome, in the setting of the courthouse (not a lawyer's office),and in the form of a court order signed by the judge. From what we have seen, such outcomes are very likely to be viewed as fair by all parties. There is no downside, because if JDR fails, the matter proceeds to trial with a different judge who knows nothing of the parties' earlier efforts to settle. Additionally, what has happened in Canada is that the mediating parties, who like the help the judge is providing, can ask to turn their voluntary JDR process into a binding procedure, where if they cannot reach a complete agreement, they can ask their JDR judge to impose a final decision- which they can help to craft. This book describes how JDR has worked for several decades in multiple provinces in Canada. We review the role of the Chief Justice in setting up JDRs for complicated (multi-party or other complex) cases. Very little has been written about JDR because all the records have remained confidential. We can tell this story now because we have been given exclusive access to the parties (including the JDR judges) and the records in nine carefully selected cases. Our book looks at the role judges play in ensuring justice - how that role has changed and could continue to evolve in North America and worldwide. The JDR process described in this book has resulted in agreement in 80% or more of all JDR cases in Canadian courts. Clearly, judges need to be trained as mediators to make JDR work. In some cases (such as those in which harm to children and jurisdictional challenges are at stake), there needs to be a trial. But in most other cases, including criminal matters and those where restorative justice is the goal, litigants are best served by JDR rather than formal court proceedings. JDR has the official imprimatur of the court, as well as the judges' direct involvement, turning informally negotiated agreements into enforceable court orders. This book explains exactly how this happens. With the help of our Harvard Law School students, we provide a Teaching Appendix that summarizes our nine case studies in detail. While we present the general lessons of the cases in the main text, the Appendix analyzes each case from the standpoint of a variety of legal specialties and highlights the differences between JDR and ADR. We believe that the courts will be better able to deliver justice if they equip judges to use JDR.
The Jury: a Very Short Introduction by
Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in criminal judgment: the jury. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and bywhat rules, and how to inform jurors about the law and evidence.This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean. In criminal cases, use of lay jurors stretched tonations in Europe, Latin America, and Asia as they aspired to democracy, greater popular participation in government, and legitimacy of the justice system. But in English-speaking countries, jury trials are declining. Civil juries have been virtually abolished everywhere except the United States,and even there they are rare. Among other painful alternatives chosen by the accused, plea bargaining is now taking the place of criminal jury trials. In this book, Renee Lettow Lerner describes the benefits and challenges of using juries, including jury nullification, and considers how innovationsfrom non-English-speaking countries may hold the key to jurors' survival.
Labour Laws in Preindustrial Europe by
Explores the variety of legal and regulatory regimes that existed in Western Europe to control labour and how workers experienced those controls. Many economic historians have assumed that labour in Western Europe was 'free' after the end of serfdom in the fifteenth century. These assumptions are increasingly being questioned and labour laws have been identified as creating significant restrictions on workers' freedom. This collection is the first book to look at labour laws across Western Europe from a longer-term perspective. It is interdisciplinary in nature bringing together studies in social, political, economic and legal history. Elements of labour legislation appeared before the Black Death, but were strengthened afterwards particularly in places and periods where labour became scarce. The collection focuses on the rural economy in the late medieval and early modern period. It provides a series of studies which introduce a range of approaches to labour regulation and the very idea of labour across Europe. Uniquely, the collection offers observations on the impact of labour laws on everyday social relations. Attempts to regulate work and labour varied widely: in places they amounted to wishful thinking on the part of the regional authorities, whereas elsewhere they could impose severe limitations on individual freedoms. Contributors: Davide Cristoferi, Theresa Johnsson, Thijs Lambrecht, Charmian Mansell, Francine Michaud, Hanne Østhus, Raffaella Sarti, Carolina Uppenberg and Jane Whittle.
Language of This Land Mi'kma'ki by
The ancient landscapes of Eastern North America are reflected in the language and cultural expressions of its Indigenous peoples, the Mi'kmaq. The rhythms, sounds and patterns of their language are inextricably bound with the seasonal cycles of the animals, plants, winds, skies, waterways and trade routes.The Language of this Land, Mi'kma'ki is an exploration of Mi'kmaw world view as expressed in language, legends, song and dance. Using imagery as codes, these include not only place names and geologic history, but act as maps of the landscape. Sable and Francis illustrate the fluid nature of reality inherent in its expression - its embodiment in networks of relationships with the landscape integral to the cultural psyche and spirituality of the Mi'kmaq.Language has sustained the Mi'kmaq to the present day, a product of a lineage of Elders who spoke it, who danced the dances and walked this land,Mi'kma'ki, carrying its traditions forward despite centuries of cultural disruption, discrimination and degradation.
The law of subdivision control in Ontario : a practical guide to section 50 of the Planning Act by 
Legal Innovation and Technology by
Plenty of people talk about technology changing the practice of law but what does it all mean for a lawyer's everyday skills? The answers lie in Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer. This book is the first student-centered coursebook of its kind. It is a comprehensive instructional source combining background explanation of changes to the legal industry with practical guidance on topics such as electronically stored information, document proficiency, advanced research analytics, cybersecurity, automation, client-centered law practice management technology, and remote lawyering. Geared toward readers at the early stage of their careers, Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer supplies concrete checklists, hands on exercises, multiple choice questions set within real-world scenarios, tips, screenshots, ethics guidance, and insight from technology experts. O'Leary breaks down topics that can be intimidating in simple fashion with an accessible tone for any law student or lawyer interested in maintaining a relevant legal skill set in today's modern world.
Legends and Teachings of Xeel's, the Creator by
Legends and Teachings of Xeel's, the Creatoris the final book by celebrated Indigenous educator Dr. Ellen White. She died in 2018 at the age of ninety-four. White was a cultural knowledge keeper, author, linguist, herbalist, healer, traditional midwife, political activist and advocate who spent her life seeking knowledge and understanding to help peoples and nations better understand themselves and each other. She was invested into the Order of British Columbia and the Order of Canada for her many accomplishments. Her last book features an exciting collection of short stories: "The Creator and the Flea Lady," "The Boy Who Became a Killer Whale," "The Sockeye that Became a Rainbow" and "The Marriage of the Seagull and the Crow." Each story is accompanied by a discussion piece that provides cultural context and questions for the reader to consider.
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Mapping my way home : a Gitxsan history by
Today it is one of the most picturesque communities in all of BC--a tiny, tourism mecca nestled quietly in Gitxsan territory at the foot of an iconic mountain and bordered by two nurturing rivers. But as recently as 140 years ago the adjacent villages of Hazelton and Gitanmaax were the economic hub of northern British Columbia. Packers, traders, explorers, miners, surveyors and hundreds of tons of freight passed through every year. From Port Essington on the coast east to the Omineca gold fields, from Quesnel north to Telegraph Creek, author Neil Sterritt tells how the trails and the cultures of the north converged where the Skeena meets the Bulkley. Mapping My Way Home: A Gitxsan History is also the story of a people, recorded in both the oral and written traditions, and their adaptation to ever-changing geographies, cultural imperialism and economic opportunity. And finally it is the author's story. Born and raised in two cultures, Sterritt shares his journey from the wooden sidewalks of 1940s Hazelton to the world of international mining and back again to the Gitxsan ancestral village of Temlaham where he helped his people fight for what had always been theirs.
Medical Law and Ethics by
Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field.Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion andcontribute to the lively and engaging manner in which the subject is approached.Digital formats and resourcesThe ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.DT The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksDT The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.
The Nations Within by
Those of us who try to understand what is happening in North American Indian communities have learned to see Vine Deloria, Jr., both as an influential actor in the ongoing drama and also as its most knowledgeable interpreter. This new book on Indian self-rule is the most informative that I have seen in my own half-century of reading. Deloria and his co-author focus on John Collier's struggle with both the U.S. Congress and the Indian tribes to develop a New Deal for Indians fifty years ago. It is a blow-by-blow historical account, perhaps unique in the literature, which may be the only way to show the full complexity of American Indian relations with federal and state governments. This makes it possible in two brilliant concluding chapters to clarify current Indian points of view and to build onto initiatives that Indians have already taken to suggest which of these might be most useful for them to pursue. The unheeded message has been clear throughout history, but now we see how-- if we let Indians do it their own way-- they might, more quickly than we have imagined, rebuild their communities. -- Sol Tax, Professor Emeritus of Anthropology, University of Chicago
Nation to Nation by
Nation to Nation- Treaties Between the United States and American Indiansexplores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
Ni'n Na l'nu the Mi'kmaq of Prince Edward Island by
Winner of;APMA Best Atlantic-Published Book Award; Winner of PEI Book Award for Non-fiction This lavishly-illustrated book tells a story through words and images that has never before been told, not in any single book. The focus is entirely on the Mi'kmaq of the Island, an island which for thousands of years has been known to the Mi'kmaq and their ancestors as Epekwitk. That name means "cradle on the sea" and no more poetic description of PEI has ever been penned. The story of the PEI Mi'kmaq is one of adaptation and perseverance across countless generations in the face of pervasive change. Today's environment is far from what it was millennia ago. So too, the economy, society, lifestyle, language and religion of the people has witnessed some dramatic shifts. Nonetheless, despite all the changes, today's Mi'kmaq feel deeply connected to the Island in its entirety and to their ancestors and the values they still share. This book tells those many stories, and communicates much more. While the book is a stand-alone publication, it is also a companion to a travelling exhibition of the same name.
Onhoüa Chetek8e : a journey in the heart of the Huron people by
"With this document, I would like to give you the opportunity to improve your knowledge of the Huron-Nation Nation and better understand its contemporary life. You will discover what constituted the actual essence of the pride of our people: generosity and respect for life. In short I hope that reading this document will set you on the path to a better understanding of our Nation. For as long as Mother Earth gives life, the Huron-Wendats will continue to read the American soil on which they were born and thrived" --
The Place of Coercion in Law by
The question of whether coercion is a necessary or contingent feature of governance by law is a historically complex aspect of a venerable 'modalist' trend in jurisprudential thinking. The nature of the relation between law and coercion has been elaborated by means of a variety of modally qualified accounts, all converging in a more or less committing response to whether the language, concept or essence of law as a system of governance necessarily entails the coercive character of this system. This Element remodels in non-modal terms the way in which legal philosophers can meaningfully disagree about the coercive character of governance by law. On this alternative model, there can be no meaningful disagreement about whether law is coercive without prior agreement on the contours of a theory of how law is made.
A Principled Framework for the Autonomy of Religious Communities by
This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality. It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities. The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.
Professor Sankoff's guide to persuasive legal writing by
After over two decades as a law professor and lawyer, Peter Sankoff has encountered many common writing challenges faced by nearly all writers--from students to seasoned lawyers. Peter's years of practice have underscored the fact that strong written argument is indispensable to zealous advocacy. Writing challenges impede the effectiveness of otherwise strong arguments, causing much to be lost in translation. Designed with busy students and lawyers in mind, the book is filled with practical guidance, examples, and checklists to ensure tips can be easily understood and applied by readers."
Revisiting the Rule of Law by
This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.
The Struggle for Land and Justice in Kenya by
Finalist for the African Studies Association's 2021 Best Book Prize.Explores the limits of law in changing unequal land relations in Kenya.Why, despite the introduction of new land laws beginning in 2012, has there been an increase in land grabbing in Kenya? Why has legislation failed to address long standing grievances about grossly unequal land distribution? This important book suggests that questions of justice should be central to discussions of African land reform. Constitutional reformers in Kenya promised transformative changes in land relations. However, the reality has disappointed. Land law reforms since 2010 have been more concerned with the administration of land and with bureaucratic power than with the real consequences of unequal access to land for ordinary Kenyans. Manji documents this thwarted struggle and surveys the prospects for genuine change. Published in association with the British Institute in Eastern Africa. Ambreena Manji is Professor of Land Law and Development at the School of Law and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).Vita Books: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and South Africa.aw and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).Vita Books: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and South Africa.aw and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).Vita Books: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and South Africa.aw and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006).Vita Books: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and South Africa.
Terms and Conditions by
Master satirist tackles the contract everyone agrees to but no one reads "Mischievous, pastiche-heavy artist Robert Sikoryak...upped the difficulty level for his long-term conceptual project: Instead of abridging a book, he lifted the complete text of Apple's mind-numbing corporate boilerplate, which users must agree to before accessing iTunes, and mashed it up with art invoking more than a century of comics."--New York Times For his newest project, R. Sikoryak tackles the monstrously and infamously dense legal document, iTunes Terms and Conditions, the contract everyone agrees to but no one reads. In a word for word 94-page adaptation, Sikoryak hilariously turns the agreement on its head--each page features an avatar of Apple cofounder and legendary visionary Steve Jobs juxtaposed with a different classic strip such as Mort Walker's Beatle Bailey, or a contemporary graphic novel such as Craig Thompson's Blankets or Marjane Satrapi's Persepolis. Adapting the legalese of the iTunes Terms and Conditions into another medium seems like an unfathomable undertaking, yet Sikoryak creates a surprisingly readable document, far different from its original, purely textual incarnation and thus proving the accessibility and flexibility of comics. When Sikoryak parodies Kate Beaton's Hark A Vagrant peasant comics with Steve Jobs discussing objectionable material or Homer Simpson as Steve Jobs warning of the penalties of copyright infringement, Terms and Conditions serves as a surreal record of our modern digital age where technology competes with enduringly ironclad mediums.
Tracking the past through legends and stories by
The stories in this volume were previously published in the Winnipeg Free Press during the 1960s. Most of the stories derive from the Brokenhead Ojibway Nation and other First Nations in western Canada.
This collection of Elder Alexander Grisdale's stories demonstrates the traditional narrative of Anishanabe storytelling, in written form, and illustrates how the land we know as Canada carries stories and experiences that predate European colonization
Trauma-Informed Law by
Trauma-Informed Law discusses the many intersections of trauma and law where it is often denied, ignored, covered up, or avoided. The book is intended for lawyers, law students, legal educators, and judges, as well as decision-makers, administrators, staff, and anyone impacted by the court. It is a collection of cases and situations with practice implications for other cases impacted by trauma, whether those cases and situations involve race, class, gender, different physical or mental abilities (or disability), sexual orientation or other diverse factors including the impact of developmental health issues, addiction, substance abuse, poverty, access to opportunities, community safety or belonging and more. Each scenario holds useful implications for both practice issues within the same area of law and even in other areas of law or the legal system.
The Way Forward for Legal Education by
This book offers a post-pandemic vision for the future of legal education and charts a path to get there. Among the book's recommendations are that schools must dispense with the LSAT and develop an alternative non-discriminatory admissions process. Further, that law schools should admit a much larger cohort to the 1L year, at much reduced cost, and put most of 1L content online in a hybrid format. It suggests that a "baby bar" be administered at the end of the first year, with only roughly half passing into second year and the rest awarded a master's degree in American Law, which will become a credential to become an LLLT, the expansion of which will help address the critical justice gap that we currently have in the legal system. It argues for the expansion of experiential learning and the intentional formation of professional identity in the 2L and 3L years. While these proposals may seem radical at first, many of them are already happening in small experiments around legal education, and the ABA is already moving in this direction. This book provides comprehensive guidance on how these proposals can be gradually adopted and then ultimately spread throughout legal education over the next decade.
Banished Men by
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. What becomes of men the U.S. locks up and kicks out? From 2009 to 2020, the U.S. deported more than five million people--over 90 percent of them men. In Banished Men, Abigail Andrews and her students tell 186 of their stories. How, they ask, does expulsion shape men's lives and sense of themselves? The book uncovers a harrowing carceral system that weaves together policing, prison, detention, removal, and border militarization to undermine migrants as men. Guards and gangs beat them down, till they feel like cockroaches, pigs, or dogs. Many lose ties with family. They do not go "home." Instead, they end up in limbo: stripped of their very humanity. Against the odds, they fight for new ways to belong. At once devastating and humane, Banished Men offers a clear-eyed critique of the violence of deportation.
Breaking the silence : The untold journeys of racialized immigrant youth through family violence by
Intended to fill the existing gap in knowledge, the book, “Breaking the silence: The untold journeys of racialized immigrant youth through family violence,” is a Phenomenological research study that sheds light on the experiences and agency of twelve racialized immigrant youths as they navigated family violence in their childhood. By bringing together theoretical frameworks, such as Anti-Colonialism, Critical Race Theory, A rights Based approach to children and Anti-Oppressive practice, with concepts of the Best Interest of the Child and Coercive Control, the book provides an insight into the impacts of family violence and how these experiences are complicated by systemic violence in case of racialized immigrant children. The book provides a way forward for the Justice sector to broaden the concept of the best interest of the child and recognize systemic violence in family violence matters. A unique contribution of the book is the participants’ recommendations that call for transforming practices of sectors that address family violence along with work with communities and individuals.
Dealing with Bribery and Corruption in International Commercial Arbitration by
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬- that is, on their own initiative - has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or 'truly international') public policy; arbitrators' duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Shariʿa and Life : Authority, Compromise, and Mission in European Mosque by
Drawing on five years of field studies in pragmatic- and dogmatic-inclined mosques across Europe, Shariʿa and Life explores how Muslims engage with shariʿa norms in general, and specifically with the challenges they face as Muslims living in majority non-Muslim societies. The book examines how fatwas (advice on shariʿa-related matters) are quested, negotiated, paraphrased, contested, or ignored in mosques, on the internet, and elsewhere. It also analyses individual strategies, external to religio-legal discourse, through which Muslims mitigate conflicts between interpretations of shariʿa and everyday life. Among the issues discussed in the book are financial transactions, education, the workplace, sports, electoral participation, Christmas greetings, proselytizing, and the legitimacy of choosing to live in a non-Muslim country. Shifting the focus from the authors and texts of fatwas to their recipients, Shariʿa and Life gives voice to those often left voiceless and demonstrates the great discretion and flexibility with which tensions between shariʿa and life are resolved.
Social Media Communication by
This updated fourth edition presents a wide-scale, interdisciplinary guide to social media communication. Examining platforms like Facebook, Instagram, Snapchat, TikTok, Twitter and YouTube, the book analyzes social media's use in journalism, public relations, advertising and marketing. Lipschultz focuses on key concepts, best practices, data analyses, law and ethics - all promoting the critical thinking that is needed to use new, evolving and maturing networking tools effectively within social and mobile media spaces. Featuring historical markers and contemporary case studies, essays from some of the industry's leading social media innovators and a comprehensive glossary, this practical, multipurpose textbook gives readers the resources they will need to both evaluate and utilize current and future forms of social media communication. Updates to the fourth edition include expanded discussion of disinformation, the impact of artificial intelligence (AI), natural language chatbots, virtual and augmented reality technologies and the COVID-19 infodemic. Social Media Communication is the perfect social media primer for students and professionals and, with a dedicated online teaching guide, ideal for instructors, too.