New Books: April 2024

Election law is a dynamic and rapidly expanding field that generates enormous public interest. It is also of great practical importance to lawyers and law students, with increasing litigation and many controversial Supreme Court decisions, including Bush v. Gore, Citizens United v. FEC, and Shelby County v. Holder. This Nutshell provides a succinct and thorough description of the law governing elections, the right to vote, and the political process in the United States. The topics addressed include "one person, one vote," gerrymandering, minority voting rights, ballot access, voter identification, recounts, direct democracy, and campaign finance. The Nutshell examines U.S. constitutional law in these areas, as well as the Voting Rights Act, Federal Election Campaign Act, and other essential statutes. It covers cases decided through the 2022-23 Supreme Court term, including Allen v. Milligan (on the Voting Rights Act) and Moore v. Harper (on the independent state legislature theory).

This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.

This interdisciplinary textbook serves as a solid introduction to the future of legal education against the background of the widespread use of AI written by colleagues from different disciplines, e.g. law, philosophy/ethics, economy, and computer science, whose common interest concerns AI and its impact on legal and ethical issues. The book provides, first, a general overview of the effects of AI on major disciplines such as ethics, law, economy, political science, and healthcare. Secondly, it offers a comprehensive analysis of major key issues concerning law: (a) AI decision-making, (b) rights, status, and responsibility, (c) regulation and standardisation, and (d) education.

Today's film industry is a legal and financial obstacle course that independent filmmakers must learn to master. The most comprehensive guide to negotiating that obstacle course is The Biz, a highly accessible overview of the industry's important business, legal, and financial aspects. Filled with industry-savvy advice, it clearly explains •rsaising financing •business structuring •securities laws •budgeting essentials •loans •completion guarantees •distribution deals •dealing with the guilds •screen credits and talent demands •video on demand •artificial intelligence •virtual reality and the metaverse •copyright, publicity, and trademark laws •litigation problems •film-industry accounting practices and contingent payments •calculating net profits •bankruptcy •taxation of film companies •film-industry business jargon ...and much more, including many useful sample forms and agreements. This thoroughly updated 6th Edition includes new sections on securities laws, artificial intelligence, defamation, union strikes, non-fungible tokens, virtual reality content, fair use, protections afforded expressive works, accounting riders, and tax audits.

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on the crucial topic of the protection of consumer interests. This volume is perfect for a full three-credit course or a seminar. Read the latest cases and materials exploring issues of emerging technology, information privacy, financial data, consumer data, and data security. New to the 4th Edition: Tighter editing and shorter chapters New case on facial recognition and the BIPA: Clearview AI Discussion of new FTC enforcement cases involving dark patterns and algorithm deletion Discussion of protections of reproductive health data after Dobbs New section on AI and algorithms New case on standing: TransUnion v. Ramirez New material about state consumer privacy laws

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law focusing on the regulation of the media. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy and information gathering, disclosure of truthful information, dissemination of false information, appropriation of names or likenesses, and privacy protections for anonymity and receipt of ideas. New to the 5th Edition: Tighter editing and shorter chapters Up to the date coverage of media cases impacting on the right of publicity Expanded discussion of online harassment

Can we regulate something that doesn't exist yet? Can Europe create its own Silicon Valley? Who gets to create technological value in today's world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data? This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law - both where it is too broadly formulated and where it is too prescriptive. How can the population's creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity? Answers are sought in the processes that came into being during the early years of the digital revolution and were then forced to take a back seat as control of the means of production was increasingly placed in the hands of tech companies.  The findings and insights presented here are highly relevant for today's digital policymaking. Market concentration processes in innovation haven't ceased; they are ongoing. And in an age where data-driven services are creating and reinforcing global oligopolies, the question posed by the U.S. Supreme Court in Google v. Oracle is now more relevant than ever: who should hold the keys to digital innovation?

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title "Human Flourishing: The End of Law" reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .

This is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka, and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges. Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities. The theme of the book is that universities are in the best position to protect students from hazingand must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause. The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers.

At this point, it is almost impossible to avoid having a digital footprint. Social media, streaming websites, navigation applications, online shopping websites, and search engines generate a large amount of data about users' digital habits. Tech companies have used this data to "optimize" their products and allow them to better predict users' behaviors, but the collection and use of data has raised new questions about the right to digital privacy. The rise of the internet and social media has also caused concerns about the type of content that should be made available and whether tech companies or the government have a responsibility and legal right to control it.

Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty or property. Although enshrined in the US Constitution's Fifth and Fourteenth Amendments, the scope of those guarantees has long been a source of public and academic debate. Due Process as American Democracy develops an entirely new approach to the procedural due process, grounded in foundational precepts of American political theory. It argues that American political thought comes from an adversarial understanding of democracy where individuals need to protect their own interests, because no one else can be trusted to do so. This skeptical democracy informs the separation of powers, and operates as the protector of liberal democracy. When applied to procedural due process, adversary democracy dictates a skepticism of both judges and those who seek unilaterally to represent the individuals' interests. The end result is a demand for strong protections of judicial neutrality and independence far beyond what is presently required, and imposition of serious restrictions on the ability of courts to appoint others to protect individuals' legally protected interests. The book applies these underlying democratic premises to areas of modern civil procedure and constitutional law, urging dramatic alterations in both. Original and provocative, Due Process as American Democracy provides a fresh view of the constitutional guarantee of due process and will appeal to legal scholars, practitioners, and political theorists alike.

Landmark study of the African Charter on Human and Peoples' Rights, one of the most important documents in modern African history, that positions it within the African Lives Matter struggle to assert an African identity rather than as simply a human rights document. Describes its underlying African origins and how the principles of the OAU influenced its path and content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 1 outlines the dominant African political and cultural ideas of the time and their symbiotic relationship with the principles and politics upon which the OAU (now African Union) was founded and upon which it functioned. It thereby draws out the path the ACHPR process was obliged to follow and the influence of the existential desire to counter neo-colonialism in all its forms that helped bring it into being and shaped its content.

Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.

Provides a broader, more global perspective compared to other volumes which focus more narrowly on a Western-centric viewpoint and examined in post-war isolation. Fully updated volume featuring new material on recent historical and interdisciplinary debates, developments between the world wars, causation, regions such as Africa, and the mix of setbacks and rights expansion during the past fifteen years. Written by a highly-respected author with notable track record, it provides social and political perspectives with a cross-disciplinary appeal.

Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.

This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a "vulnerable legal subject" should displace the "liberal legal subject" that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the "vulnerable legal subject" and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book's reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

From uranium mines on the Navajo Nation to craters caused by nuclear testing on the Bikini and Enewetak Atolls, the production and deployment of nuclear weapon technologies have disproportionately harmed Indigenous lands. Sustained exposure to radiation from nuclear weapons and waste affects many communities from Japan to Oceania to the US West. While antinuclear activism often takes political and legal forms, artistic responses to nuclear regimes also prompt social action and resistance. Resisting the Nuclear is an interdisciplinary edited collection featuring historians, anthropologists, artists, and activists who explore the multifaceted forms of resistance to nuclear regimes. Through a combination of interviews, scholarly essays, and discussions of contemporary art, contributors recenter the victims of nuclear technologies and demonstrate how political and artistic expression can respond to nuclear threats and effect change.

This is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English.

Drawing on debates about Intangible Cultural Heritage (ICH) safeguarding at the local and international level, Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention, explores the theoretical and practical implications of the intertwinement between these policy fields.

Through deconstructing the right to property, this incisive book critically assesses the claim that international human rights law is universal. Laura Dehaibi presents an innovative bottom-up and dialogical approach to human rights, drawing on lived experience in the margins to give rights a subversive and emancipatory meaning. Chapters analyse the sources of international human rights law, in particular examining the drafting of the Universal Declaration of Human Rights, and provide a thorough review of regional case law on the right to property. Dehaibi illustrates the inadequacy of the current liberal approach to human rights, showing that stories of belonging and human suffering matter greatly when interpreting and enforcing these rights. Ultimately, this book argues for a crucial realignment of the concept of universalism around social participation, contributing to a wider reconsideration of the sources of power in law. Property, Power and Human Rights will be essential reading for students and scholars in human rights, social justice, property and international law. Taking a novel perspective on the interpretation and enforcement of human rights, it will also be invaluable for regional practitioners and activists seeking to strengthen human rights protections.

In this new and original study of the origins of the United States Constitution, award winning scholar Lawrence Goldstone demonstrates that what was left out of the document by the Framers is of equal importance to what was included. Because of the deep divisions present in the United States at the beginning of the Republic, delegates to the Constitutional Convention in 1787 were unwilling, and often unable, to forge a plan for government that would be both comprehensive and sufficiently acceptable to competing interests to achieve ratification. Rather than risk rejection, they chose to leave many key areas of governance vague or undefined, hoping the flaws could be dealt with after the Constitution had become the "supreme law of the land." Although successful in the short term, that strategy left the Constitution excessively prone to subjective interpretation and, as a result, the United States was rendered vulnerable to anti-democratic initiatives and the perpetuation of minority rule, both of which plague the nation today. Thus, a constitution drafted to ensure "a more perfect union" has instead begotten dysfunction and disunion. The ossification of America's political process is to a significant degree due not to what the Constitution says but rather from what it fails to say. The only way to address the threat these omissions engender is to identify the flaws and then complete the Constitution by fashioning legislative solutions to fill the gaps.

The Inter-American System of Human Rights (IASHR) is certainly a source of innovation in human rights law and policy. However, uncertainty reigns over its true legal, political, and social effects as many decisions face serious problems of compliance. To better grasp the System's effects, this book broadens the focus from compliance to impact as the key criterion of effectiveness. Thus, The Impact of the Inter-American Human Rights System: Transformations on the Ground can reveal the IASHR's deep and multifaceted effects, not least by embedding a common law of human rights. Outlining the IASHR's historic path and contemporary practice, this book shows legal, political, and social effects with respect to the main problems that trouble the Americas. Though most of these certainly continue to exist, the System is having a transformative impact on them on the ground, though with huge differences between issues and countries. These achievements as well as the variations should be of interest to academics, judges, and policymakers in Latin America as well as other regions undergoing similar stress, such as Central and Eastern Europe or Africa. The Impact of the Inter-American Human Rights System brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic and critical analysis of the impact of the IASHR in the various fields of its activity. These include issues of internal conflicts, transition to democracy, rights of vulnerable groups, social rights, the environment, digital rights, and the accountability of private actors. The book also offers evidence-based proposals to further enhance the transformative impact of the Inter-American System that could be taken up by courts and policymakers at the national, Inter-American, and global levels. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.

The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.

In this interfaith and multicultural fable, eloquent representatives of all members of the animal kingdom--from horses to bees--come before the respected Spirit King to complain of the dreadful treatment they have suffered at the hands of humankind. During the ensuing trial, where both humans and animals testify before the King, both sides argue their points ingeniously, deftly illustrating the validity of both sides of the ecology debate. The ancient antecedents of this tale are thought to have originated in India, with the first written version penned in Arabic sometime before the 10th century in what is now Iraq. Much later, this version of the story was translated into Hebrew in 14th century France and was popular in European Jewish communities into the late 19th and early 20th centuries. This exquisite English translation, illustrated with 12 original color illumination plates, is useful in introducing young and old alike to environmental and animal rights issues.

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

This book presents a novel examination of transboundary water governance, drawing on global case studies and applying new theoretical approaches. Excessive consumption and degradation of natural resources can either heighten the risks of conflicts or encourage cooperation within and among countries, and this is particularly pertinent to the governance of water. This book fills a lacuna by providing an interdisciplinary examination of transboundary water governance, presenting a range of novel and emerging theoretical approaches. Acknowledging that issues vary across different regions, the book provides a global view from South and Central America, Africa, Asia, and the Middle East, with the case studies offering civil society and public managers concrete situations that indicate difficulties and successes in water sharing between bordering countries. The volume highlights the links between natural resources, political geography, international politics, and development, with chapters delving into the role of paradiplomacy, the challenges of climate change adaptation, and the interconnections between aquifers and international development. With rising demand for water in the face of climate change, this book aims to stimulate further theoretical, conceptual, and methodological debate in the field of transboundary water governance to ensure peaceful and fair access to shared water resources. This book will be of interest to students and scholars of water resource governance from a wide variety of disciplines, including geography, international relations, global development, and law. It will also be of interest to professionals and policymakers working on natural resource governance and international cooperation.

This book presents the proceedings of the Privacy Symposium 2023. the book features a collection of high-quality research works and professional perspectives on personal data protection and emerging technologies. Gathering legal and technology expertise, it provides cutting-edge perspective on international data protection regulations convergence, as well as data protection compliance of emerging technologies, such as artificial intelligence, e-health, blockchain, edge computing, Internet of Things, V2X and smart grid. Papers encompass various topics, including international law and comparative law in data protection and compliance, cross-border data transfer, emerging technologies and data protection compliance, data protection by design, technology for compliance and data protection, data protection good practices across industries and verticals, cybersecurity and data protection, assessment and certification of data protection compliance, and data subject rights implementation.

Canada's criminal justice system reinforces dominant relations of power and further entrenches the country in its colonial past. Through the mechanisms of surveillance, segregation, and containment, the criminal justice system ensures that Indigenous peoples remain in a state of economic deprivation, social isolation, and political subjection. By examining the ways in which the Canadian justice system continues to sanction overtly discriminatory and racist practices, the authors in this collection demonstrate clearly how historical patterns of privilege and domination are extended and reinforced. 

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work's broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples' rights and the role of international law in the 21st century. 

This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field - from advocacy to policy papers and sustainability guidelines - is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.

Beyond the First Draft helps law students and lawyers approach the often difficult task of editing their own writing. The book starts with the fundamental idea that good writing is organized, vigorous, clear, and polished. Its ultimate goal is to help students and practitioners understand that good writing cannot be accomplished in a single draft; good writers must be good editors. Each chapter of the book is organized around one of the principles of good writing and begins with an editing checklist for accomplishing that principle of good writing. The book explains each item in the checklist, providing both students and lawyers with the instruction and straightforward editing tips that they need to become effective editors. Beyond the First Draft was written with law students, practitioners, and legal writing professors in mind. Its straightforward approach makes even those difficult-to-understand grammatical concepts accessible to everyone through frequent, easy-to-understand reminders, explanations, and examples. The updated second edition of the book includes a new introduction that helps writers think about the ways in which language evolves over time and puts the book's expanded coverage of pronouns into context. In addition, this new introduction will give professors and students alike the opportunity to think critically about the ways in which the formal written English of legal writing differs from both informal written and spoken English.

This book provides a comparative overview of the rules of EU, US, and Japanese law on competition. After an overview of their history and the underlying economic issues, it compares perspectives on cartels and other agreements restraining competition (ancillary agreements, R&D/specialization agreements, distribution agreements); single-firm conduct (abuse of dominant market power/monopolization); general procedural law and merger control, and state measures such as regulation and subsidies. In each case, the presentation of the legal system is supplemented by examples from the case law. With a focus on the protection of competition in digital markets, new regulatory approaches (e.g., the EU Digital Markets Act and comparable US regulatory initiatives) are evaluated and current legal developments in other jurisdictions are addressed.

This edited volume explores the intersection between the coded realm of the video game and the equally codified space of law through an insightful collection of critical readings. Law is the ultimate multiplayer role-playing game. Involving a process of world-creation, law presents and codifies the parameters of licit and permitted behaviour, requiring individuals to engage their roles as a legal subject - the player-avatar of law - in order to be recognised, perform legal actions, activate rights or fulfil legal duties. Although traditional forms of law (copyright, property, privacy, freedom of expression) externally regulate the permissible content, form, dissemination, rights and behaviours of game designers, publishers and players, this collection examines how players simulate, relate and engage with environments and experiences shaped by legality in the realm of video game-space. Featuring critical readings of video games as a means of understanding law and justice, this book contributes to the developing field of cultural legal studies, but will also be of interest to other legal theorists, socio-legal scholars, and games theorists

Cannabis Law: The Legislative Framework is a handy companion volume to Cannabis Law with all the significant cannabis-related statutes and regulations from across Canada. This volume provides an extensive and useful guide to the national legal framework regulating cannabis.

Updated annually, Cannabis Law: The Legislative Framework provides the actual statutes and regulations on the subject from all 13 provinces and territories. Cannabis Law: The Legislative Framework and Cannabis Law work in tandem. For example, Cannabis Law provides the basic law on what can be possessed quantities, by whom, and in what circumstances. Cannabis Law: The Legislative Framework paints in the variants: for instance, is consumption permitted in specific provincial parks, and what are the minimum age differences between the various jurisdictions? Put simply, this companion text provides the raw law that may become important in the analysis of any given issue.

In the study of American law, originalism is primarily a theory about the meaning of the Constitution--that its meaning can only change when its words change. Originalism also appears in biblical theology as a theory on the meaning of the Bible--that its meaning is that intended by the original authors. Originalism in Theology and Law: Comparing Perspectives on the Bible and the Constitution offers a study of originalism in both the Bible and the Constitution. While there are significant connections between originalism as a theory of biblical interpretation and as Constitutional interpretation, there are also differences in the type of text as well as its purpose, function, origins, or authority, which may affect which nuanced version of originalism best fits a particular text, or the best method of interpreting it.

Addressing the rupture between religious and social sciences in Arab universities, this book provides a critical assessment of the curricula of Shariah and Islamic Studies departments across the Arab World.

This open access book focuses on the energy sector and will make a significant contribution to its continued evolution. For many years, the energy sector has been missing a raison d'etre and now finally there are increased calls for that to be justice. Hence, this book will develop the concept of energy justice and how it needs to be formalised in a new 'social contract' with all stakeholders in society. The focus will be on improving legal systems at local, national and international levels while ensuring that justice is a core issue within energy law, the legal system and more broadly in society.

Efforts to moderate conflict are as old as conflict itself. Throughout the ages, restraint in warfare has been informed by religious and ethical considerations, chivalry and class, and, increasingly since the mid-19th century, a body of customary and treaty law variously referred to as the laws of war, the law of armed conflict (LOAC) or international humanitarian law (IHL). As they evolved from the mid-19th century, these laws were increasingly underpinned by humanitarianism, then in the mid-20th century, were assumed to be universal. But violations of these restraints are also as old as conflict itself. The history of conflict is replete with examples of exclusions from protections designed to moderate warfare. This edited volume explores the degree to which protections in modern warfare might be informed by notions of 'civility' and 'barbarism', or, to put it another way, asks if only those deemed to be civilised are afforded protections prescribed by the laws of war?

This book examines the increasingly widespread movement to recognise the environment as a legal person. Several countries have now recognized that nature, or parts of nature, have juristic personhood. In this book, the concept of legal personhood and its incidents are interrogated with a view to determining whether this is, or could be, a positive contribution to modern environmental problems. Surveying historical and current positions on the juristic concept of legal personhood, the book engages recent legislation and case law, in order to consider the attempt in several countries to vest personhood in rivers, river basins and ecosystems. Comparing approaches in a range of countries - including New Zealand, India, Ecuador, the United States and Australia, it addresses the methods employed, the purported aims, the mechanisms for enforcement, and the entrenchment of legal protections. Throughout, the book elicits the difficult relationship between an historically anthropocentric idea of personhood and its extension beyond the human; concluding that the attribution of personhood to the environment is an important, but limited, contribution to environmental sustainability. Accessibly written, this book will appeal to scholars, students and others with interests in environmental law, environmental science and public policy, and ecology more generally

Suing for Silence is a groundbreaking examination of how men accused of sexual violence use defamation lawsuits as a weapon to silence those who attempt to hold them accountable. As Mandi Gray demonstrates, Canadian defamation law helps perpetuate the myth that false allegations of sexual violence are common. Gray draws on media reports, courtroom observations, and interviews with silence breakers, activists, and lawyers to examine the societal and individual implications of so-called liar lawsuits. She argues that their purpose is not to achieve justice but to intimidate, silence, and drain the resources of those who speak out against sexual violence and even report their own assaults - and to discourage others from doing the same. This meticulous work reveals the gendered underpinnings of Canadian defamation law, which has long protected men's reputations at the expense of women's sexual autonomy. Sexual violence discourse must have adequate protection if it is to be heard.

Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish. Chapters explore key topics including the general structure of international commercial arbitration, the Model Law, arbitration agreements, the arbitral tribunal, the conduct of arbitral proceedings, and challenges to and enforcement of arbitral awards. The book also highlights key underlying principles in international arbitration such as party autonomy, the finality of awards and the need to limit court intervention. It also examines the harmonising aim of the Model Law, demonstrating how it acts as a blueprint for legislation on international commercial arbitration, and ties in relevant case law to give a holistic picture of international commercial arbitration in action. This book will prove indispensable to academics and students of international commercial law, arbitration and dispute resolution, who are seeking clarity on the legal framework governing the arbitral process. Legal practitioners will similarly benefit from this clear and concise guide to the application of the Model Law.

The gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice.This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts.While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

The tireless resistance of local communities fighting for ownership of America's third largest water system Toxic Water, Toxic System exposes the consequences of a seemingly anonymous authoritarian state willing to maintain white supremacy at any cost--including poisoning an entire city and shutting off water to thousands of people. Weaving together narratives of frontline activists along with archival data, Michael Mascarenhas provides a powerful exploration of the political alliances and bureaucratic mechanisms that uphold inequality. Drawing from three years of ethnographic fieldwork in Flint and Detroit, this book amplifies the voices of marginalized communities, particularly African American women, whose perspectives and labor have been consistently overlooked. Toxic Water, Toxic System offers a fresh perspective on the ties between urban austerity policies, environmental harm, and the advancement of white supremacist agendas in predominantly Black and brown cities.

The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh's colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples' voices, needs, and advocacy. Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi "Bina" Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. Yamada

This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and "classic" areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.

This guide helps you gain an overview of and develop perspective on the area of criminal law. It is organized into eight sections for quick reference. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Other topics covered include special defenses, the burden of proof, and inchoate and group criminality. It also reflects on the limitations of criminal law.

Reliable source on medical liability law. Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.