The Worst Trickster Story Ever Told by
When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional? The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power. When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision - it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power. So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding. The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.
The natural history of crime : case studies in death and the clues nature leaves behind by
rofessor Patricia Wiltshire is a forensic ecologist, her days spent at crime scenes collecting samples, standing over dead bodies in a mortuary, or looking down her microscope for evidence. A pioneer of forensic ecology - using the natural world to help solve crimes - Patricia has been involved in some of the most high-profile murder cases. Working at the interface of where the criminal and natural world interact, Patricia will show us how she finds the answers to some of the worst crimes imaginable. Through a study of her most infamous cases, we join Patricia in putting the puzzle together, teasing the evidence out of her cases and showing us all how life and death have always been, and always will be, intertwined
Intimate Partner Femicide by
Domestic violence legislation is a key response to the entrenched social problem of intimate partner violence across the globe, yet little is known about the legal players who implement these laws in terms of their perceptions of intimate partner violence and femicide. Through in-depth, critical analysis of judicial transcripts, this book demonstrates that legal understandings of intimate partner femicide continue to be based upon outdated notions of 'couple conflict' and gender-neutral constructions of intimate partner violence. Contending that judicial understandings of 'what happened' must be re-aligned with feminist understandings of intimate partner violence and femicide, Intimate Partner Femicide: Contesting the Legal Story ... represents a call to uphold the rights of women to live free from male-perpetrated violence and femicide. This book will therefore appeal to scholars across the social sciences with interests in gendered violence, law, social justice and criminology.
All Things Being Equal by
The story of Women's Soccer's fight for equal pay as chronicled by counsel and leader of the USWNT's Players Association. In All Things Being Equal, Rich Nichols--former counsel for Women's Soccer--teams up with USA Today HoopsHype's Sam Yip to detail what transpired during the players' fight for equal pay. Nichols argues that, when deep in the proverbial red zone, the team ultimately lacked the strength and resolve to solidify true equal pay. The book serves as a wake-up call to show future generations of young girls--and then some--the level of personal and professional commitment required to achieve true equality for women in the workplace. The reader will feel armed with the tools needed to find a seat at the equal pay negotiating table--a chance to observe and feel exactly what went down, step by step, and to feel the intensity of the struggle against the power of US Soccer's resolve to deny equal pay. The authors describe what it took for the women on the USWNT to even get as far as they did--close enough to the edge of success to actually see the spoils of their labor.
Legal Design by
Legal design is a rapidly growing field that seeks to improve the legal system's accessibility, usability, and effectiveness through human-centered design methods and principles. This book provides a comprehensive introduction to legal design, covering fundamental concepts, definitions, and theories. Chapters explore the role of legal design in promoting dignity, equity, and justice in the legal system. Contributors present a range of community-driven projects and method-focused case studies that demonstrate the potential of legal design to transform how people experience the law. This book is an essential resource for anyone interested in the future of law and the intersection of design and justice.
Implementation of Sustainable Development in the Global South by
This open access book hinges on 3 broad but interlinked elements: sustainable development as a concept, sustainable development in the Global South, and implementation challenges. The advent of the Sustainable Development Goals and the 2030 Agenda have contributed to the deepening of the concept of sustainable development within global and national policy schemes. The fact that sustainable development is crucial for our very survival is no longer a contested issue; rather, the key concern now is how this can be achieved equitably by reconciling competing priorities and concerns of the Global South and the Global North. While the Global South countries are eager to adopt and integrate the 2030 Agenda in their respective policy frameworks, local contexts are often at odds with the global model of sustainable development. The book examines national capacities and institutional arrangements in countries in the Global South. It considers the challenges of integrating sustainable development in national policy frameworks. This includes the role, interactions, and inter-dependence of different branches of international law in, inter alia, protecting human rights, promoting access to justice, ensuring environmental justice, guaranteeing social protection, and safeguarding the rule of law for sustainable societies. This book explores the emerging patterns and processes of development projects that have either succeeded or failed, critical reflections on what has been achieved and whose interests the projects served, and the costs and benefits of particular interventions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Equal and inalienable rights : essays on the Universal Declaration of Human Rights by
We believe each of these articles represent important contributions in their own right, and will also inspire further discussions and publications on each of the topics addressed. Indeed, the papers contained in this collection are not only relevant to Canada. The scope, nature, and meaning of universal human rights--and why they are considered “universal”--is highly relevant to practitioners, scholars, and decision-makers in many other countries and legal contexts. While each country faces its own unique challenges, we also face common questions worldwide: what role do various institutions, communities, and individuals play in upholding human rights? How should we conceive of human rights in terms of their origins, sources, and scope, and what gives them normative force? Can we even develop a common commitment to human rights across political, cultural, and religious lines? To answer these questions, there is tremendous value in reassessing the international consensus birthed 75 years ago, when representatives of vastly different cultures, political views, and legal systems prioritized a common goal: the protection of core human rights rooted in a fundamental commitment to the equal and inherent dignity of every person. It is our hope that these articles inspired by that achievement will contribute to a richer understanding and interpretation of human rights around the world."
An Introduction to Law and Regulation by
Contemporary life relies on regulation. The quality and safety of the water we drink, the food we eat, and the social media applications we use are all governed by multiple regulatory regimes. Although rooted in law, regulation is a multidisciplinary endeavour. Debates about regulation, particularly in the face of rapid change and the emergence of new 'risks', are now commonplace. Despite extensive scholarship, regulation is often poorly understood, even by policy-makers, with unintended and even disastrous consequences. This book offers a critical introduction to core theories, concepts, methods, tools, and techniques of regulation, including regulatory policy, instruments, enforcement, compliance, accountability and legitimacy. Weaving extracts from texts drawn from many disciplines with accessible commentary, it introduces this important field to students, scholars, and practitioners in a scholarly yet accessible and engaging manner with discussion questions and additional readings for those seeking to deepen their knowledge.
Customary International Law and Its Interpretation by International Courts: Volume 3 by
It is notorious that international courts and tribunals have greatly contributed to the development of customary international law (CIL) by, for instance, articulating the constituent elements of custom and clarifying the conditions required for its modification. This volume demonstrates that they have also been actively engaged in the interpretation of CIL. In elucidating CIL interpretation before and by international courts and tribunals, the volume chooses three focal points: theory, method and normative interactions. Viewing CIL and its interpretation from these vantage points leads to a more complete picture of the role and function of CIL interpretation in international courts. The volume encourages readers to question orthodox theories on CIL and its interpretation, to look anew at what has long been labelled mere identification of custom, and to take a systemic approach to CIL, which, even in the process of interpretation, remains unwaveringly connected to treaties and general principles of law.
Merchants of Legalism by
Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
Drawn Testimony by
From America's top courtroom sketch artist, a penetrating, compulsively readable memoir about her dramatic four-decade career "A mesmerizing look at this rarest of professions..."-Bookpage STARRED review "Readers will be hard-pressed to put this down."--Publishers Weekly STARRED review "Rosenberg's fascinating debut offers a front row seat to some of the most high-profile criminal cases of the last four decades."--Library Journal STARRED review "Perceptive, compassionate, and endlessly fascinated by how the human condition is revealed in the courtroom, Rosenberg tells riveting and resonant tales in image and word."--Booklist STARRED review For over forty years, Jane Rosenberg has been at the heart of the news cycle, covering almost every major trial that has passed through the New York justice system as a courtroom sketch artist, including the most recent Donald Trump hush money trial. In Drawn Testimony, Rosenberg brings us into the dramatic high-stakes world of her craft, where art, psychology and courtroom drama collide. Over the course of her legendary career, Jane has had a front-row seat to some of the most iconic and notorious moments in our nation's recent history, including cases pertaining to: * Mick Jagger * Martha Stewart * Tom Brady's "Deflategate" scandal * John Lennon's murder trial * Ghislaine Maxwell * John Gotti * Harvey Weinstein * The Boston Marathon bomber * Donald Trump Readers will learn how she has honed her unique powers of perception and also what her portraits reveal, not only about her subjects, but about the human condition in general. Fearless, fascinating and gorgeously written, Drawn Testimony captures the unique career of an artist whose body of work depicts history as it's happening.
Heenan Blaikie by
Uncovers the complicated history of Canadian law firm Heenan Blaikie. In 1973, three young lawyers established Heenan Blaikie. It would become one of Canada's highest-profile law firms, counting former prime ministers, premiers, and Supreme Court justices in its ranks. It was like a family, according to many who worked there. But it was a dysfunctional family. In 2014, the firm's dramatic collapse became front-page news. Based on extensive interviews with firm lawyers and legal industry insiders, Heenan Blaikie is the story of a respected law firm that ultimately buckled under weak governance and management. The firm seemed to punch above its weight: bilingual, humane, and national with international aspirations. However, hidden beneath its façade of a kind, inclusive culture were accounts of workplace bullying, challenges for women and other minorities, and sexual harassment. In Heenan Blaikie, Adam Dodek, an unbiased outsider, situates the firm's evolution within the context of a changing legal profession and society, producing an account that is gripping from beginning to end.