All Things Being Equal
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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.
Customary International Law and Its Interpretation by International Courts: Volume 3
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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.
Dicey + 100
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Marking the centenary of the death of Albert Venn Dicey, this book addresses the implications and influence of his work in the 21st century, assessing also the late-19th-century context that shaped his attitudes, opinions and writing. Dicey' s Introduction to the Study of the Law of the Constitution (1st ed, 1885, 8th ed, 1915) is a cornerstone of modern constitutional law scholarship in the UK and worldwide; his Conflict of Laws (1896) quickly became the authoritative work in private international law (today, Dicey, Morris & Collins on the Conflict of Laws (16th ed, 2022)). These titles, together with his works on law and politics and his influence as Vinerian Professor of English Law in the University, made him an influential, and in some respects controversial, figure during his lifetime and in the following century.In this volume, 12 leading experts in areas in which Dicey immersed himself contribute to the understanding of his ideas and their influence, 100 years after his death in 1922. The book is presented in four parts, addressing Dicey' s contributions to legal education; the constitution; conflict of laws; and political thought. The contributions present a modern synoptic view of the work of this leading figure in its context, which pays close attention to the ways in which his ideas have shaped the law and politics for the future.ANDREW DICKINSON is Professor of the Conflict of Laws and Fellow of St Catherine' s College, University of Oxford, United Kingdom.TIMOTHY ENDICOTT is Vinerian Professor of English Law and Fellow of All Souls College, University of Oxford, United Kingdom.WOLFGANG ERNST is Regius Professor of Civil Law and Fellow of All Souls College, University of Oxford, United Kingdom.SOPHIE RYAN Is a Rhodes Scholar and DPhil in Law candidate, University of Oxford, United Kingdom.
Drawn Testimony
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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.
Equal and inalienable rights : essays on the Universal Declaration of Human Rights
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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."
Good faith in Canadian contract law
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Good faith is a critical feature of contracts and commercial disputes, where its influence upon the parties’ rights and obligations can be profound, and often outcome-determinative. However, despite its centrality to legal systems around the world, good faith is still at an early stage of development in Canada’s common law jurisdictions, and many difficult questions about it remain. Decisions regarding contractual good faith are released on a daily basis by the courts, and it is difficult to keep track of the growing body of case law.
Good Faith in Canadian Contract Law is the first and only text in Canada to undertake a systematic review of the organizing principle of good faith and its associated doctrines. It analyzes jurisprudence, commentary and legislation from a number of jurisdictions, and provides readers with a full picture of how good faith operates throughout the life of a contract.
Two volumes
Heenan Blaikie
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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.
Implementation of Sustainable Development in the Global South
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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.
Indigenous Oral History Manual
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Using examples from Indigenous community oral history projects throughout Canada and the United States, this new edition is informed by best practices to show how oral history can be done in different contexts. The Indigenous Oral History Manual: Canada and the United States, the expanded second edition of The American Indian Oral History Manual (2008), contains information about selected Indigenous oral histories, legal and ethical issues, project planning considerations, choosing recording equipment and budgeting, planning and carrying out interviews in various settings, stewardship of project materials, and ways Indigenous communities use oral histories. A centerpiece of the book is a collection of oral history project profiles from Canada and the United States that illustrate the range of possibilities that people interested in Indigenous oral history might pursue. It emphasizes the importance of community engagement and adhering to appropriate local protocols and ethical standards, inviting readers to understand that oral history work can take various forms with people whose cultural heritage has always relied on oral transmission of knowledge. The book is ideal for students, scholars, and Indigenous communities who seek to engage ethically with tribal and First Nations, Métis, and Inuit communities in oral history work that meets community needs.
Indigenous Peoples and the Future of Federalism
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As a settler state, Canada's claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalismpresents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalismoffers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.
Intimate Partner Femicide
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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.
An Introduction to Law and Regulation
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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.
The law of declaratory judgments ; Fifth edition.
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"The Law of Declaratory Judgments is an authoritative review and study of declaratory judgments in Canada, a unique reference and guide to what declaratory judgments are, and when and how they can and should be used. The book has been published in several successive editions, the last being the 4th edition in 2016 (Carswell). The analysis of the subject includes reference to historical origins, procedural requirements, jurisdictional framework and application of the declaratory judgment in the determination of issues in constitutional, administrative, municipal, labour, contractual, and estate law. Along with an overview of the Canadian law, the author gives special attention to the experience of Quebec courts in the matter of declaratory relief. In addition to analyses and discussions of the substantive law, The Law of Declaratory Judgments also addresses the practical aspects of the law through provisions of precedents. Dealing with an area of law where there is so little current, available commentary, The Law of Declaratory Judgments, is an indispensable resource providing practitioners, academics, researchers and students with the tools necessary to understand this complex area of law from both a theoretical and practical point of view."-
Legal Design
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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.
Merchants of Legalism
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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.
The natural history of crime : case studies in death and the clues nature leaves behind
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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
Petitioning for Land
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Petitioning for Land is the first book to examine the extent of First Peoples political participation through the use of petitions. Interpreting petitions as a continuous form of political articulation, Karen O'Brien considers petitioning for recognition of prior land ownership as a means by which to locate First Peoples petitioning for change within the broader narrative of historical and contemporary notions of justice. The book follows the story of First Peoples' activism and shows how they actively reform discourse to disseminate a self-determined reality through the act of petitioning. It discloses how, through the petition, First Peoples reject colonialism, even whilst working within its confines. In a reconfiguration of discourse, they actively convey a political or moral meaning to re-emerge in a self-determined world. Taking a socio-legal and historical approach to petitioning, the book questions the state domination of First Peoples, and charts their political action against such control in the quest for self-determination. By uniquely focusing on the act of petitioning, which places First Peoples aspirants centre-stage, O'Brien presents fresh and innovative perspectives concerning their political enterprise. From early modern colonial occupation to contemporary society, the hundreds of petitions that called for change are uncovered in Petitioning for Land, shedding new light on the social and political dynamics that drove the petitions.
The power & limits of private law
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This collection of legal essays draws upon the third Canadian Law of Obligations conference held in June 2022 in Vancouver, British Columbia. It features scholarship of distinguished and emerging scholars from Canada and around the world. The contributions explore and critique the power and limits of the laws of torts/delict, contract and restitution through a range of theoretical, technical, policy-oriented and pragmatic perspectives. They grapple with contemporary issues and developments in Canadian law and society, advancing insights to shape both the theory and the practice of private law.
The Private Is Political
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Exposes the threats to our personal and political identity in the age of surveillance It has become alarmingly clear that our online actions are less private than we?re led to believe. Our data is routinely sold and shared with companies who want to sell us something, political actors who want to analyze our behavior, and law enforcement who seek to limit our actions. The Private is Political explores the failure of existing legal systems and institutions to protect our online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Ray Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. This will ultimately stifle our ability to live full lives, realize democracy, and even shape the laws that affect our privacy itself. Beyond merely identifying the harms to individuals from privacy violations, Brescia furthers our understanding of privacy by identifying and naming political privacy and the integrity of identity as central to democracy. The Private is Political empowers consumers by outlining a roadmap for a comprehensive privacy regime, leveraging various institutions to collectively safeguard privacy rights.
A Reservation Undiminished
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It took more than one hundred years for federal, state, and local governments to recognize the Saginaw Chippewa Tribe's claim to its Isabella Reservation in central Michigan. This book tells the story of how the tribe persevered and eventually succeeded in having the reservation recognized. It is the story of widespread fraud and oppression perpetrated by non-Native Americans seeking to clearcut the rich Chippewa forest for quick profits, despite the federal government's solemn promises of protection made to the Saginaw Chippewa nation in treaties. In its account of the legal battle over the Isabella Reservation, A Reservation Undiminished explores what Native sovereignty actually means. The authors, three key participants in the case, give an inside view of the case and its historical context. When it began to take shape in 2005, lawyers for five different jurisdictions hired historians and anthropologists to evaluate the Saginaws' claim and serve as expert witnesses. Two of those historians, Gary C. Anderson and R. David Edmunds, reveal the importance of archival research in demonstrating governments' continual references to the Saginaw Chippewas' reservation long after 1875, when the state claimed it ceased to exist. Attorney Todd Adams, who represented the state of Michigan in the case, explores what happened after the state settled with the Saginaw in 2010. He recounts the unlikely collaboration of all parties in resolving the conflict. A Reservation Undiminished presents a cohesive narrative of a legal case that testifies to Native persistence in asserting territorial sovereignty in the twenty-first century--and that highlights the potential for conflict resolution in seemingly intractable legal struggles between state, local, and tribal governments.
Second degree : from med school to murder, the story behind the shocking Will Sandeson trials
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"An expanded and updated edition of the bestselling work of true crime from award-winning journalist Kayla Hounsell, exploring the high-profile 2017 Will Sandeson murder case. "I pulled the trigger." In 2017, a jury found Will Sandeson guilty of first-degree murder in the death of Taylor Samson. A "good kid" from a good family, Sandeson was about to start classes at Dalhousie University's medical school when Samson disappeared. The trial exposed a dangerous world of drugs, greed, and misplaced loyalties--including a private investigator accused of switching sides. Sandeson was ultimately sentenced to life in prison. He immediately appealed; in 2020, Sandeson's conviction was overturned and a new trial ordered. In a shocking twist, Sandeson finally took the stand, detailing in four days of explosive testimony how and why he killed Samson, and for the first time offering an explanation of what he'd done with Samson's body. An updated and expanded follow-up to award-winning journalist Kayla Hounsell's First Degree: From Med School to Murder, Second Degree features all-new chapters and never-before-published material. Accented with 25 colour photos, this riveting work tells the powerful story of a drug deal gone terribly wrong and examines the crime, the courts, and the killer's crusade for freedom."
The Secret History of the Rape Kit
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Marty Goddard dreamed up a new crime-solving tool--a kit that could help rape survivors fight for justice. This thrilling investigation tells the story of the troubled, heroic woman who kicked off a feminist revolution in forensics, and then vanished into obscurity. "Astonishing . . . Marty Goddard takes her rightful place as a visionary thanks to Kennedy's relentless investigation."--Rachel Louise Snyder, author of No Visible Bruises "The Secret History of the Rape Kit is stunning: part thriller, part feminist reclamation, part personal journey, fully a page-turner. How did we not know about Marty Goddard?"--Peggy Orenstein author of Girls & Sex and Boys & Sex In 1972, Martha "Marty" Goddard volunteered at a crisis hotline, counseling girls who had been molested by their fathers, their teachers, their uncles. Soon, Marty was on a mission to answer a question: Why were so many sexual predators getting away with these crimes? By the end of the decade, she had launched a campaign pushing hospitals and police departments to collect evidence of sexual assault and treat survivors with dignity. She designed a new kind of forensics tool--the rape kit--and new practices around evidence collection that spread across the country. Yet even as Marty fought for women's rights, she allowed a man to take credit for her work. When journalist Pagan Kennedy went looking for this forgotten pioneer, she discovered that even Marty Goddard's closest friends had lost track of her. As Pagan followed a trail of clues to solve the mystery of Marty, she also delved into the problematic history of forensics in America. The Secret History of the Rape Kit chronicles one journalist's mission to understand a crucial innovation in forensics and the woman who championed it. As Pagan Kennedy hunts for answers, she reflects on her own experiences with sexual assault and her own desire for justice.
Trusts in common-law Canada;Fourth edition
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This acclaimed academic work introduces readers to the foundations of trust law and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape. Now in its fourth edition, Trusts in Common-Law Canada has been significantly updated to reflect the current state of the law. This book is prepared logically and written in an accessible and easy-to-understand way: as a result, readers can intuitively grasp complex concepts, doctrines and principles. Now in its fourth edition, this acclaimed academic work introduces readers to the foundations of trust law in common-law Canada. It provides a comprehensive and up-to-date exposition and analysis of the legislation and case law that have shaped the trust landscape. Organized in a logical fashion, it gives readers a complete picture of the principles of trust law, enabling them to have an intuitive grasp of its concepts and doctrines. Written for both law students and practitioners, the book takes otherwise difficult and complex subject matter and makes it accessible and easy to understand. This book is recommended reading for any law student learning about trusts, as well as for any lawyer who handles trust law as part of their practice."
The Wealth of Women
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Embark on a journey through the various stages of life, from marriage to divorce and widowhood, to witness how women living within the Islamic tradition are endowed with the right to safeguard their financial independence. This comprehensive exploration confronts an ongoing disconnect between Islamic law and Muslim family dynamics to equip men and women alike with the knowledge and tools to uphold an important body of Islamic financial laws. Importantly, the book fosters a deep understanding of how Islamic financial empowerment plays a pivotal role in shaping not just the lives of women and their family members, but society as a whole. Finally and perhaps most crucially, this book highlights the need for fiqh scholars to review past Islamic rulings that were meant to achieve justice and prevent harm in their own historical contexts, and to then develop Islamic rulings with the same goals in today's settings.
Well-Being in the Legal Profession
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This book provides a critical psychosocial analysis of legal practice, documenting a mental health crisis among lawyers and judges and linking this crisis to a dysfunctional legal system they continue to control. Tracing studies of lawyers and judges over 40 years, this book demonstrates that decades of mental distress and social detachment in the legal profession have seriously damaged the legal system. Focusing largely on conditions in the United States, but also drawing on studies from the UK, Canada, Germany, and Australia, the book depicts how this system is jeopardized by lawyers' egocentrism, depression, anxiety, suicidal ideation, and substance abuse. To improve the legal system and lawyers' mental health - integrating law, psychology, sociology, and policy making - the book advocates a renewed commitment to justice, compassion, respect and fairness through an ethic of regenerative altruism. This book will appeal to legal academics concerned with the sociology of legal practice, as well as those involved in training lawyers; it will also be of interest to practicing lawyers, judges and others engaged by issues of social justice and legal reform.
The Worst Trickster Story Ever Told
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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.
You be the judge
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"Have you ever wanted to be a judge? Here's your chance. Sit on the dais beside criminal court judge and author Norm Douglas as he wrestles with difficult decisions that he had to make. This book presents twelve homicide cases and another twelve riveting true-crime cases where you, the reader, are either the judge or the prosecutor. You Be the Judge provides an interactive legal exercise where the readers engage with the daily dilemmas and considerations faced inside the courtroom and gain behind-the-scenes access to the Canadian justice system. Based on Norm Douglas's lifetime contributions to bringing the law into Canadian classrooms, the book is a testament to his career and the complexity of arriving at true justice. Experience a collaborative journey into ethics, morality, and legality as you adjudicate, deliberate, and judge. Perfect for legal enthusiasts, classroom teachers, and aspiring judges."
Advanced Introduction to U. S. Land Use Law
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This incisive and approachable book presents an overview of land use law and policy in the United States. Stephen R. Miller examines the legal processes that empower and restrict professional urban planning practice, through a narrative that brings together classic cases, innovative codes, and constitutional law. Key land use planning tools, decision making processes and power structures are highlighted in chapters that stress both new alternatives as well as legal limitations. The book also outlines common constitutional claims in land use law while exploring solutions to many of urban planning's most challenging problems. Key Features: Explores all three legal systems for l
Antitrust and Upstream Platform Power Plays
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In recent years, large digital platforms have been in the doghouse of antitrust decision-makers worldwide. Antitrust regulators agree, urgent intervention is needed. Interestingly, it is the plight of victimized suppliers--of merchants, app developers, publishers, platform labourers, and the like, who are upstream in the value chain--that has topped the policy agenda, prompting scrutiny of an almost unprecedented intensity. Amid such anxieties, Antitrust and Upstream Platform Power Plays asks a somewhat provocative question: are upstream platform power plays really 'competition problems', and ones for antitrust, at that? The obvious answer--'yes'--is deceptively simple for a number of reasons. First, it contradicts contemporary antitrust's single-minded focus on consumers, which has all but erased supplier exploitation in the brick-and-mortar economy from the policy's radar. Second, the wider antitrust community remains bitterly divided when it comes to judging platform practices. In addition, if any consensus could be had, it would almost certainly confirm the long-standing tenet that antitrust cannot be about supplier welfare, as such. These paradoxes call for a policy introspection--precisely what this book provides. The analysis offered in Antitrust and Upstream Platform Power Plays is altogether normative, theoretical, and practical. Normative because it engages in a supplier-mindful soul-searching exercise, which advances our understanding of antitrust's foundations; theoretical as it sheds multidisciplinary insights on upstream effects in the platform economy and develops new frameworks for rationalizing them; and practical since it takes a deep dive into the complex antitrust machinery while staying attuned to other available levers of public action. Answering a compelling question with an equally compelling answer, this work will appeal to scholars and policymakers worldwide with a particular interest in platform regulation, antitrust, and powerful digital platforms.
Blockchain : The Comprehensive Guide to Blockchain Development, Ethereum, Solidity, and Smart Contracts.
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This comprehensive guide explores the development and implementation of blockchain technology, focusing on Ethereum, Solidity, and smart contracts. It covers the fundamentals of blockchain, including its applications, cryptographic principles, and security measures. The book delves into advanced topics such as smart contract programming, integrated development environments, and frameworks. Aimed at developers and technology enthusiasts, it offers practical guidance on building blockchain networks, deploying smart contracts, and optimizing blockchain performance. The authors aim to provide readers with a thorough understanding of blockchain's potential and practical applications across various industries.
Direct Effect in EU Law
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Direct Effect in EU Law is the first book in English to thoroughly examine this revolutionary legal principle, tracing direct effect's evolution throughout the multiform process of European integration. A founding doctrine of EU constitutional law and the driving force of the EU legal system, direct effect enables individuals and companies to invoke their rights before domestic authorities and the Court of Justice of the EU (CJEU). Yet, while the doctrine of direct effect remains the backbone of the EU legal system, it lacks clear legal framing by the CJEU. Emphasizing the need for the CJEU to fully articulate and systematize direct effect as to its core components and consequences, the book advocates for an innovative understanding of such principle that acknowledges its transformative impact on EU law. It bridges theory and practice, drawing upon the CJEU rulings dating from the 1950s up to 2024. The book reconstructs direct effect beyond the doctrine originating from Van Gend and Loos, and ultimately puts
Disparate Regimes
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Historians have well described how US immigration policy increasingly fell under the purview of federal law and national politics in the mid-to-late nineteenth century. It is far less understood that the rights of noncitizen immigrants in the country remained primarily contested in the realms of state politics and law until the mid-to-late twentieth century. Such state-level political debates often centered on whether noncitizen immigrants should vote, count as part of the polity for the purposes of state legislative representation, work in public and publicly funded employment, or obtain professional licensure. Enacted state alienage laws were rarely self-executing, and immigrants and their allies regularly challenged nativist restrictions in court, on the job, by appealing to lawmakers and the public, and even via diplomacy. Battles over the passage, implementation, and constitutionality of such policies at times aligned with and sometimes clashed against contemporaneous efforts to expand rights to margi
EU Law and Economics
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The intersection between law and economics is a dynamic field of research. Yet, European law has so far not been the subject of comprehensive, systematic economic analysis. Instead issues such as the European debt crisis, COVID-19 pandemic, and the climate emergency have largely escaped scholarly analysis through the nexus of EU law and economics.EU Law and Economics closes this gap, providing an overview of the application of economics to the institutional, procedural, and substantive aspects of European law. Drawing on various branches of the economic sciences - including rational choice and game theory, and institutional and behavioural economics - this book goes beyond conventional methods of EU legal scholarship to expand our understanding of EU law and its effects. This book devotes attention to EU Treaties and secondary law, as well as their adjudicative interpretation, while using economic theory to explain their core legal principles such as conferral, subsidiarity, and mutual recognition.Systematic
EU Regulatory Responses to Crises
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The past years have seen numerous crises from the 2007-2008 financial crisis to the migration crisis and the COVID-19 pandemic. These crises have significantly impacted EU policy in numerous areas including the Economic and Monetary Union, financial regulation and supervision, health policy, state aid control, energy policy, migration policy, and foreign and defence policy. As a result of these crises, EU rule-making has developed in various ways. Some developments have had an institutional dimension in that they concerned the actors involved in rule-making, as exemplified in the introduction of instruction rights of EU bodies vis-à-vis national authorities or the introduction of reverse (qualified) majority voting in the Council. But they also concerned the shape or nature of rules, where we have seen the increasing use of Regulations (as opposed to Directives) and of soft law instead of legally binding rules. The substance of existing rules was also reconsidered, resulting, for instance, in the deviation in
Foundations of American Criminal Due Process at Trial
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A combination of media, personal experience, and education have introduced the average American to their right to a fair trial by jury, a protection set out in the Bill of Rights of the American Constitution. However, the specific rights that set the jury system up for fair trial procedure have roots far older than the Bill of Rights. Foundations of American Criminal Due Process at Trial delves into a subject whose historical horizon includes the pulpit of St. Augustine, a workshop of ninth-century forgers, the prosecution of pirates in medieval England, and defendants' demands for basic safeguards in English common-law trials. Francis R. Herrmann and Brownlow M. Speer scrutinize previously overlooked primary sources, underline the influence of canon law and classic writings on English law, and trace the fundamental protections of accused persons to Judeo-Christian principles. A text sure to be of interest to practitioners, scholars, and lay readers, Foundations of American Criminal Due Process at Trial ancho
Hybrid Justice
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The last decade has seen the unexpected re-emergence of hybrid and internationalised courts - institutions which operate with varying combinations of national and international law, procedure, and staff. Whilst the establishment of the permanent International Criminal Court should have made hybrid mechanisms largely obsolete, hybrids have recently been established or proposed for atrocity crimes committed in Chad, South Sudan, Israel/Palestine, the Central African Republic, Kosovo, Syria, Sri Lanka, Myanmar, The Gambia, Liberia, and Ukraine. Hybrid Justice critically examines the resurgent promise of hybrid courts. Focusing on the fields, practices, innovations, and of hybrid courts, the contributors evaluate hybrids' success, and in doing so, help to clarify the conditions and mechanisms that makes hybrids likely to succeed in their mandates and impacts. The authors focus on hybrid courts and resilience: the resilience of hybrid mechanisms to withstand political and other pressures to deliver justice and acc
Latin American International Law in the Twenty-First Century
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Latin America has been a pivotal site for influential and innovative developments in international law since the colonial era. Throughout much of the 20th century, Latin American politics were entangled with the political and economic interests of the United States. Today, as the global order shifts, scholars and legal practitioners are grappling with the current restructuring and potential transformation of international relations-and what this means for international law in the region. This collection of essays brings together a group of highly regarded scholars to present a broad survey of Latin America's approaches and contributions, historically and presently, to the field of international law. Comprehensive, diverse, and multidisciplinary, the book covers recent developments in areas like environmental regulation, internet regulation, Indigenous rights, LGBTIQ rights, and public health, among others. It also considers more traditional themes, such as law and development, the doctrine of non-interv
The New Haven School
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The New Haven School was a school of legal theory and practice that was developed and taught at Yale Law School and named for its place of origin. At its centre stood a 'policy-oriented jurisprudence' - so-called for its emphasis on using law to pursue acknowledged policy aims. It was developed by Harold Lasswell and Myres McDougal in the 1940s. The New Haven School provides a comprehensive history of the School and a thorough examination of its impact on American International law in the past and today. Beginning with a review of Laswell and McDougal's biographies using previously unexploited archival materials drawn from multiple sites in New Haven, New York, and Chicago, this book explores the contexts that shaped this body of legal theory. From rural Mississippi to interwar Europe, to the American East Coast at mid-century, the book is a story of ideas and the people that used them. It narrates the moments, places, and contexts that shaped the approach that later became associated with the New Haven Schoo
On Privacy and Technology
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Succinct and eloquent, On Privacy and Technology is an essential primer on how to face the threats to privacy in today's age of digital technologies and AI.With the rapid rise of new digital technologies and artificial intelligence, is privacy dead? Can anything be done to save us from a dystopian world without privacy?In this short and accessible book, internationally renowned privacy expert Daniel J. Solove draws from a range of fields, from law to philosophy to the humanities, to illustrate the profound changes technology is wreaking upon our privacy, why they matter, and what can be done about them. Solove provides incisive examinations of key concepts in the digital sphere, including control, manipulation, harm, automation, reputation, consent, prediction, inference, and many others. Compelling and passionate, On Privacy and Technology teems with powerful insights that will transform the way you think about privacy and technology.
Queering Governance and International Law
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International law is brought into existence by actors from a variety of perspectives--international lawyers, state representatives, bureaucrats, and organizations--and as such, international law is riddled with contradictions. It is violent and violating, reducing complex lives and histories to "good" (lawful) and "bad" (criminal) bodies subject to protection, praise, or punishment. And yet it has potential to be a means of hope, resistance, and justice for victims, survivors, and oppressed communities. In Queering Governance and International Law, Caitlin Biddolph examines the international legal space through queer, feminist, and postcolonial lenses. In doing so, she queers governance and international law, exposing the gendered and sexualized meanings behind legal concepts like violence, and critiquing legal status quos so that more transformative, liberatory, and queerer paths to justice might be dreamt and manifested within and beyond international law. Using as a case study the International Criminal
A Research Agenda for Financial Law and Regulation.
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A Research Agenda for Financial Law and Regulation is an invaluable resource for students and scholars interested in commercial law and finance and banking law. It is also of great importance to researchers seeking to identify gaps in current financial law and policy research"
Securing Territory
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Why and how do some countries title Indigenous lands in some places, and at certain times, but not others? What accounts for the selective implementation of Indigenous people's collective land and natural resource rights? Conventional accounts hold that transnational activism and bottom-up social movements push Indigenous land titling. Other commonly held views are that economic interests and state weakness block these efforts. Giorleny Altamiro Rayo shows Indigenous land titling is neither random nor methodical. Rather, she argues that state elites are motivated to title Indigenous lands to ensure internal order and reinforce the state's territorial power in remote regions. Rayo unveils how state elites reshape Indigenous peoples' ancestral land claims and transform pre-existing property institutions into a governing mechanism akin to indirect rule. By titling Indigenous lands, state elites create new institutional arrangements in property that allows for the subordination, monitoring, and management of I
Sentencing, Public Opinion, and Criminal Justice
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This volume celebrates the achievements of Julian V Roberts KC (Hon), Emeritus Professor of Criminology at the University of Oxford, over forty years of scholarship. To mark his extraordinary influence on sentencing and criminal justice on the global stage, the contributors, a mix of international scholars and members of the judiciary, present a collection of themed essays in his honour. Roberts is a leading academic authority on sentencing theory, policy, and practice in common law jurisdictions and his work has made a landmark contribution to the analysis and development of sentencing worldwide. His work is innovative and inspired, known for identifying core challenges and defining research needs before they become central to criminal justice agendas. A distinguished group of authors engage in an interdisciplinary appreciation of Roberts' work in three distinct domains: fundamentals of sentencing and penal theory, sentencing policy and penal practice, and public opinion and criminal justice. Drawn from seve
Sierra Leone’s Reform Journey to Advancing Female Entrepreneurship and Financial Inclusion
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Access to finance and equal economic opportunities are crucial for female entrepreneurs, fostering business growth and economic participation. Drawing on interviews with key stakeholders involved in the legal reform processes, this Brief examines how Sierra Leone made strides in its reform journey to expand women’s economic rights, including through the Directives on Provision of Financial Services on a Non-Discriminatory Basis of 2021, the Gender Equality and Women’s Empowerment (GEWE) Act of 2022, the National Strategy for Financial Inclusion (NSFI) 2022–2026, and the Employment Act of 2023. The Brief identifies the key drivers of reform: gender champions in government and political will, economic data and technical assistance from the international community, multistakeholder coalitions, as well as grassroots activity amplifying women’s voices and bridging the gap between civil society and lawmakers. Through top-down and bottom-up initiatives working to create lasting change, Sierra Leone has enhanced women’s economic prospects and set a powerful example for other economies in the region seeking to enact similar laws and policies.
The Survival of International Organizations
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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. While international organizations (IOs) have played a central role in global governance in the post-Cold War period, during the last decade many have struggled. Due to the rise of populism, the Trump Presidency, and the renewed assertiveness of the emerging powers, various IOs have been challenged in ways that put their ability to perform core functions at risk. The Survival of International Organizations studies the responses of IOs to such existential challenges. It focuses on the central institutional actors inside IOs - IO leaders and their bureaucracies - that have a strong interest in the survival and well-being of their organizations. Presenting six case studies and drawing on more than 100 interviews, this book highlights the variation in the way in which these institutional actors try to cope with and counter existential challenges: Some fight tooth and nail to keep their IOs relevant, while other institutional actors are more circumspect in their actions. The Survival of International Organizations examines the IOs themselves as well as both those who lead IOs at the top and the desk officers who keep the machinery running. This behind-the-scenes view uncovers important processes about the survival of IOs and international institutions. It demonstrates that institutional actors try to tailor their responses to the specific types of existential challenges, but that their ability to do so depends on the quality of their leadership, organizational structure, and embedding in external networks. Transformations in Governance is a major academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, and environmental and urban studies concerned with the dispersion of authority from central states to supranational institutions, subnational governments, and public-private networks. It brings together work that advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.
United Nations Peacekeeping and the Politics of Authoritarianism
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What impact does UN peacekeeping have on the politics of authoritarianism in host countries? This book advances a theoretically innovative and empirically rich answer to this question: while the UN does not intentionally promote authoritarianism, it faces a number of constraints and dilemmas that give rise to what we call authoritarian enabling. Enabling can occur through two mechanisms, capacity building and the creation of a permissive environment, which enhance the ability of host governments to engage in authoritarian behavior and signal to them that doing so is low-cost. This book illustrates these two mechanisms with four in-depth case studies of UN peacekeeping operations: UNTAC in Cambodia, MONUC/MONUSCO in the Democratic Republic of Congo, MINUSTAH in Haiti, and UNMIL in Liberia. The analysis is based on primary interview data from over 200 interviews. The authors explore the sources of enabling, identifying the trade-offs and contradictions that give rise to these two mechanisms. They include respec
We the Men
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In a nation whose Constitution purports to speak for "We the People," too many of the stories that powerful Americans tell about law and society include only We the Men. A long line of judges, politicians, and other influential voices have ignored women's struggles for equality or distorted them beyond recognition by wildly exaggerating American progress. Even as sexism continues to warp constitutional law, political decision making, and everyday life, prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind. Jill Elaine Hasday's We the Men is the first book to explore how forgetting women's struggles for equality--and forgetting the work America still has to do--perpetuates injustice, promotes complacency, and denies how generations of women have had to come together to fight for reform and against regression. Hasday argues that remembering women's stories more often and more accurately can help the nation advance toward sex equality.
