New Books: February 2024

Sexual, gender, and physical diversity is a feature of every society, culture, and country in the world. Great strides have been made in advancing equality for all people, including those who identify as LGBTQI+, although there is still much work to be done. Violence, discrimination, stigma and criminalization still affect the lives of millions of LGBTQI+ people around the world.

A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life. What is law? And how does it relate to morality? It's common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It's a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of this book is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.

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 highly informative Advanced Introductionexplores the diverse and far-reaching legal implications of some of the key findings of behavioral economics. Cass Sunstein, a leader in this field, adopts an interdisciplinary approach to examining cutting-edge topics such as air pollution and climate change; public health and safety; pandemic response; occupational safety; road safety; and contract, property, and tort law. This Advanced Introductionprovides a much-needed assessment and analysis of the law as a critical domain for the use of behavioral economics, and investigates how techniques including nudging, mandates, and taxes can be used to enhance the effectiveness and improve the implementation of the law. Key Features: Explains how legal systems and governments employ behavioral economics Explores the crucial relationship between law, behavioral economics and human welfare Highlights the use of algorithms in law and policy, considering the relationship between algorithms, noise and bias Examines key concepts from behavioral economics including sludge, present bias, loss aversion, unrealistic optimism, and anchoring This erudite Advanced Introductionwill be an essential read for legal students, academics and researchers with an interest in behavioral economics, public policy and economic psychology. Highlighting how behavioral economics interacts with various other disciplines, it will also prove valuable to professionals and practitioners working in law, medicine, education and politics.

An "essential guide" (Beverly Gage, Pulitzer Prize-winning author of G-Man) to how the Espionage Act gave rise to a vast American security state that keeps citizens in the dark In State of Silence, political historian Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to balk at the act's restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad.   Shedding new light on the bloated governmental security apparatus that's weighing our democracy down, State of Silence offers the definitive history of America's turn toward secrecy--and its staggering human costs. 

The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape. Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed. Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.

In September 2015, the United Nations General Assembly adopted the 17 Sustainable Development Goals (SDGs). This historic document constituted a transformative 'plan for action for people, planet and prosperity' with regards to the sustainable development efforts of all countries. The Sustainable Development Goals serves as an expert compendium, the most authoritative ready-reference tool for anyone interested in the SDGs. Each chapter comprises a detailed target-by-target analysis of one of the SDGs, including a methodical analysis of the preparatory proceedings that shaped each goal in its present form, an exhaustive examination of their content, and a critical assessment from an international law perspective. This commentary provides readers with the most up-to-date information on normative and legal questions arising from the incorporation of the SDGs into the international economic, social, and environmental legal frameworks, and on their implementation status. Scholars, practitioners, and those interested in the fields of law, politics, development, economics, environmental studies, and global governance will find this book a must-read.

Understanding Estate and Gift Taxation is designed primarily for use by law students taking a course on the United States transfer tax system, i.e., a course on the estate, gift, and generation-skipping transfer taxes. The book consists of 26 chapters, each addressing one of the basic topics typically covered in a course on the transfer tax system, including the computation of estate, gift, and generation-skipping transfer taxes; the gift tax annual exclusion; the estate and gift tax marital deductions; and the estate and gift tax implications of transfers with retained powers or interests. Because the Internal Revenue Code and Treasury Regulations are the primary source materials for the transfer tax system, the book includes numerous excerpts of those provisions. Each chapter also includes summaries of the leading cases and IRS rulings, plus examples of how this area of the law applies to common fact patterns. The new third edition is designed primarily for law students, but it is also intended to be useful to practitioners, including generalists who need a relatively brief summary of an estate and gift tax topic, beginning lawyers who intend to specialize in estate and gift taxation and estate planning, and experienced lawyers who wish to expand their practices into estate and gift taxation and estate planning. The book would also be useful to accountants who practice in these areas.

Understanding Disability Law discusses important statutory and constitutional issues relating to disability discrimination. It is designed to help students in disability law courses synthesize and apply the materials they are learning. It is also designed to function as a compact treatise for practicing lawyers and those looking for an analysis of the Fourteenth Amendment, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, and other laws as they relate to the controversial issues of disability rights. The book discusses the leading cases on each of the major topics of disability law and suggests ways of thinking about unresolved questions and debates over legal policy. The fourth edition adds new information on every important topic. It includes thorough discussion of the Supreme Court's Cummings v. Premier Rehab Keller ruling about emotional distress damages in ADA, Section 504, and ACA cases, as well as the Perez v. Sturgis Public Schools decision concerning exhaustion of administrative remedies in special education cases. It provides new sources on the intersection of race and disability and on accommodations in family unification services for parents with disabilities. Coverage remains as comprehensive and detailed as before and includes: Constitutional law bearing on disability discrimination; The controversy over who is a person with a disability for purposes of federal statutes; Employment discrimination rights and remedies; Educational discrimination, including special education law and higher education for students with disabilities; Discrimination in public accommodations; Discrimination by federal, state, and local governments; and Disability discrimination related to housing, transportation, and telecommunications.

This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further. Finally, they also treat thoroughly the most recent developments in personal jurisdiction and electronic discovery, among the most dynamic topics in modern procedure. The resulting treatise will be useful to law students as a supplement to their civil procedure coursework, and to practitioners as a quick reference and refresher to procedural issues that arise in litigation.

The US Supreme Court recently held that the constitutionality of modern gun laws depends on whether they are "consistent with this Nation's historical tradition of firearm regulation." This landmark judicial decision, which cited an essay in this collection, made it ever more crucial to be clear about what the "historical tradition" entails. The scope of the Second Amendment's right to keep and bear arms, and accordingly the government's power to regulate firearms in the interest of public safety, hangs in the balance. Drawing on original research and sources not available to earlier Supreme Court opinions, New Histories of Gun Rights and Regulations brings together various methodological approaches and highlights issues in firearms law that have been previously underexamined. Its contributors, including distinguished historians, social scientists, and legal scholars, offer valuable new insight into the place of guns in American law and society. This groundbreaking new volume illuminates how history and constitutional law interact, suggesting concrete answers to some live legal controversies. A vital contribution to a vibrant debate, New Histories of Gun Rights and Regulations is an essential read for anyone seeking to understand the scope of the Second Amendment--a right whose breadth is frequently defined by its historical treatment.

Why human rights don't work In The Effluent Eye, Rosemary J. Jolly argues for the decolonization of human rights, attributing their failure not simply to state and institutional malfeasance but to the very concept of human rights as anthropocentric--and, therefore, fatally shortsighted. In an engaging mix of literary and cultural criticism, Indigenous and Black critique, and substantive forays into the medical humanities, Jolly proposes right-making in the demise of human rights.   Using what she calls an "effluent eye," Jolly draws on "Fifth Wave" structural public health to confront the concept of human rights--one of the most powerful and widely entrenched liberal ideas. She builds on Indigenous sovereignty work from authors such as Robin Wall Kimmerer, Leanne Betasamosake Simpson, and Mark Rifkin as well as the littoral development in Black studies from Christine Sharpe, Saidiya Hartman, and Tiffany Lethabo King to engage decolonial thinking on a range of urgent topics such as pandemic history and grief; gender-based violence and sexual assault; and the connections between colonial capitalism and substance abuse, the Anthropocene, and climate change.    Combining witnessed experience with an array of decolonial texts, Jolly argues for an effluent form of reading that begins with the understanding that the granting of "rights" to individuals is meaningless in a world compromised by pollution, poverty, and successive pandemics.     Retail e-book files for this title are screen-reader friendly.

This updated edition on UCC Article 4A provides a basic understanding of the laws of funds transfers, as well as significant developments in case law and important amendments to the UCC promulgated in 2022 to address emerging technologies. The guide walks you through each step of a large-dollar, wholesale funds transfer and sets forth in a concise manner the rights and obligations of each party. The ABCs of the UCC series covers articles of the Uniform Commercial Code to make the UCC more accessible for both practitioners and students. In this fourth edition of ABCs of the UCC Article 4A: Funds Transfers, leading experts provide basic concepts and operation of Article 4A in a simple, straightforward style. This updated edition includes significant developments in case law and important amendments to the Uniform Commercial Code promulgated in 2022 to address emerging technologies. The guide is an introduction to Article 4A and walks you through each step of a large-dollar, wholesale funds transfer and explains the rights and obligations of each party in the transfer. It also explores what happens when things go wrong in a funds transfer and how Article 4A assigns liability, rights, and responsibilities.

Sex and Privacy in American Law presents empirical analyses of civil and criminal state court decisions applying the U.S. Supreme Court's landmark decision in Lawrence v. Texas. After tracing key historical and legal developments leading up to the Lawrence decision's decriminalization of sodomy on substantive due process grounds in 2003, the study employs both quantitative and qualitative content analyses of 307 cases citing Lawrence over the two decades since it was decided. Results indicate that judicial decisions rarely embraced broad readings of Lawrence in criminal cases. In fact, Lawrence's long-term impact on criminal law has largely remained as limited as some commentators predicted shortly after the case was decided. In civil cases, courts tended not to rely on Lawrence significantly in most business and employment law cases. Courts that applied Lawrence in family law disputes - especially those involving same-sex couples - often construed the case narrowly at first, but broadened their interpretations after Obergefell v. Hodges brought marriage equality to the United States. Lawrence also impacted LGBTQ+ civil rights claims. Statistically significant geographic differences were found relating to how courts used Lawrence in those cases, with judges in Northeastern and Pacific coastal states having applied the precedent broadly, while judges in Southern and Midwestern states tending to have applied the case more narrowly. The implications are explored generally and within the specific context of the constriction of substantive due process rights in the wake Dobbs v. Jackson Women's Health Organization.

What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states--Armenia, Azerbaijan and Georgia-- in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states' compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on 'contested' compliance as a new form of compliance behaviour involving states' acting in 'bad faith' and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.

Richard Hanania has emerged as one of the most talked-about writers in the nation, and in this book, he puts forward a stunning new theory about the culture war that could turn our debates upside down. Richard Hanania has come out of nowhere to become one of the best-known writers in the nation in the last few years. In this book, he directs his attention to the culture war that has driven society apart and presents a stunning new theory about what is going on. In a nation nearly-evenly split between conservatives and liberals, the left dominates nearly all major institutions, including universities, the government, and corporate America. Hanania argues that this is as much a legal requirement as it is an issue of one side triumphing in the marketplace of ideas. Culture has its own independent force, but the state has, since the 1960s, been putting its thumb on the scale.  This book answers many of the puzzling questions about modern society, such as: * Why does more and more of life seem like a competition to see who is the most oppressed? * Who is really behind the sudden proliferation of woke ideas? * How did ideas that seem so intellectually bankrupt achieve hegemony over elite culture? * Which laws and regulations have helped the left rise to power everywhere? * How did workplaces come to be the main enforcers of political ideology? * When and how did Pakistanis, Samoans, and Koreans all become the same "race" (AAPI)?  * Why did America become so obsessed with inequalities based on race but not religion?  For those angry about wokeness and what it has done to American institutions, this book offers concrete suggestions regarding policies that can move us back to being a country that emphasizes merit, individual liberty, and color-blind governance.

Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but how should it be done. Data Sovereignty: From the Digital Silk Road to the Return of the State focuses on the question of territorial control over data flows and attempts by national and regional governments to place limits on the free movement of data across a global internet. Drawing on theories in political economy, international law, human rights, and data protection, this volume offers new theoretical perspectives and thought-provoking ideas about the nature and scope of data sovereignty. It examines the extent to which new technologies, such as artificial intelligence, robotics, and automation, pose challenges to data sovereignty and how those challenges might be addressed. In chapters that are both descriptively comprehensive and analytically rich, the book explains the national, regional, and international legal frameworks for regulating the digital economy. Professors Anupam Chander and Haochen Sun have assembled a distinguished team of experts across multiple fields to address the promise and pitfalls of data sovereignty in the context of trade liberalization, data localization, and human rights protection. In a world that is still grappling with the scope of the internet, Data Sovereignty offers a timely and thorough investigation of the ongoing conflict between the state and the internet. 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 Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

A finalist for the 2023 National Book Critics Circle Award | the Los Angeles Times Book Prize A Washington Post best nonfiction book of 2023 | Winner of the Carnegie Medal for Excellence in Nonfiction "A riveting indictment of the child welfare system . . . [A] bracing gut punch of a book." --Robert Kolker, The Washington Post "[A] moving and superbly reported book." --Jessica Winter, The New Yorker "A harrowing account . . . [and] a powerful critique of [the] foster care system . . . We Were Once a Family is a wrenching book." --Jennifer Szalai, The New York Times A New York Times Book Review Editors' Choice | One of Publishers Weekly's best nonfiction books of 2023 The shocking, deeply reported story of a murder-suicide that claimed the lives of six children--and a searing indictment of the American foster care system. On March 26, 2018, rescue workers discovered a crumpled SUV and the bodies of two women and multiple children at the bottom of a cliff along the Pacific Coast Highway. Investigators soon concluded that the crash was a murder-suicide, but there was more to the story: Jennifer and Sarah Hart, it turned out, were a white married couple who had adopted six Black children from two different Texas families in 2006 and 2008. Behind the family's loving facade was an alleged pattern of abuse and neglect that had been ignored as the couple withdrew the children from school and moved west. It soon became apparent that the State of Texas knew all too little about the two individuals to whom it had given custody of six children. Immersive journalism of the highest order, Roxanna Asgarian's We Were Once a Family is a revelation of precarious lives; it is also a shattering exposé of the foster care and adoption systems that produced this tragedy. As a journalist in Houston, Asgarian sought out the children's birth families and put them at the center of the story. We follow the lives of the Harts' adopted children and their birth parents, and the machinations of the state agency that sent the children far away. Asgarian's reporting uncovers persistent racial biases and corruption as young people of color are separated from birth parents without proper cause. The result is a riveting narrative and a deeply reported indictment of a system that continues to fail America's most vulnerable children while upending the lives of their families.

An ambitious study of our obsession with complicity that shows how we can all become "good accomplices."   Beyond Complicity is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?   Francine Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.

A Kirkus Reviews Best Book of 2023 "Sharply insightful . . . A monumental piece of work."--The Boston Globe An award-winning author investigates the entangled history of her Jewish ancestors' land in South Dakota and the Lakota, who were forced off that land by the United States government Growing up, Rebecca Clarren only knew the major plot points of her tenacious immigrant family's origins. Her great-great-grandparents, the Sinykins, and their six children fled antisemitism in Russia and arrived in the United States at the turn of the 20th century, ultimately settling on a 160-acre homestead in South Dakota. Over the next few decades, despite tough years on a merciless prairie and multiple setbacks, the Sinykins became an American immigrant success story. What none of Clarren's ancestors ever mentioned was that their land, the foundation for much of their wealth, had been cruelly taken from the Lakota by the United States government. By the time the Sinykins moved to South Dakota, America had broken hundreds of treaties with hundreds of Indigenous nations across the continent, and the land that had once been reserved for the seven bands of the Lakota had been diminished, splintered, and handed for free, or practically free, to white settlers. In The Cost of Free Land, Clarren melds investigative reporting with personal family history to reveal the intertwined stories of her family and the Lakota, and the devastating cycle of loss of Indigenous land, culture, and resources that continues today. With deep empathy and clarity of purpose, Clarren grapples with the personal and national consequences of this legacy of violence and dispossession. What does it mean to survive oppression only to perpetuate and benefit from the oppression of others? By shining a light on the people and families tangled up in this country's difficult history, The Cost of Free Land invites readers to consider their own culpability and what, now, can be done.

A striking portrait of Justice Ruth Bader Ginsburg and her historic tenure on the United States Supreme Court, brought to life with incisive quotes and bold photographs of her iconic collars. "RBG was unlike any other. So is this visual tribute to her."-Pete Souza, #1 New York Times bestselling author of Obama- An Intimate Portrait A PARADE BEST BOOK OF THE YEAR The collar is a powerful point of entry for exploring Justice Ruth Bader Ginsburg's life and her tireless work on America's highest court. The twenty-five neckpieces captured here-in over eighty stunning photographs by award-winning photographer Elinor Carucci-hoffer insight into RBG's legacy. Her sharp use of language, a linchpin of her notorious dissents, is celebrated throughout, with quotes to support each collar and its story. The bold, ornate, and subversive collars she chose to wear on the bench communicated so much more. Shortly after RBG's passing in September, 2020, Carucci was commissioned by Time magazine for a commemorative piece on the late justice, focused on the stories behind her legendary collars. Here, Carucci and co-author Sara Bader use each collar to highlight a defining career moment, from RBG's earliest argument for gender equality to her support of immigration and marriage equality throughout her twenty-seven years on the bench. Some of her collars are well-known, like her dissent collar, or her favorite white beaded neckpiece that she wore for important portraits. Other collars are less familiar but tell poignant stories of artists, colleagues, friends, and fans whose gifts to Justice Ginsburg found meaning in her hands. Small in stature but towering in influence, Justice Ruth Bader Ginsburg was described as a titan, a civil rights hero, and most poetically, by her colleague Justice Stephen Breyer, "a rock of righteousness." The Collars of RBG is an artful collection of moments from this warrior's legacy, crystallizing the many ways RBG reshaped the cultural landscape for us all.

While many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished - both socially and criminally - for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for "failure to protect." The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.

This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

The Perfect Practice Exam: The Skill of Legal Analysis is the ideal study tool because it provides maximum utility to the user. The PPE includes six different subjects in one book and provides nine questions for each subject. This is a total of 54 practice exams. Law students nationwide are usually required to take Civil Procedure, Constitutional Law, Contracts, Criminal Law, Real Property, and Torts. This book covers it all and eliminates the need for multiple practice-exam books. Students can also comfortably use The PPE throughout the semester because the book strategically pairs commonly tested topics and presents the topics in the order they often appear on the syllabus. Students do not need to wait until reading week to practice their exam-taking skills and can gradually improve their legal analysis. At the same time, this second edition includes new questions that are full-length exams with mixed topics to test the students' issue-spotting and legal analysis skills. These are specifically created for completion during reading week. But more importantly, The PPE provides concrete steps on how to improve legal analysis rather than briefly discussing an array of skills. The book includes legal-analysis templates that incorporate the three-step method of analysis, active-learning worksheets, and sample answers that use IRAC, headers, and paragraphs to mirror what students should strive to achieve on their exams. This second edition also added detailed exercises that require students to identify what facts triggered certain issues, to identify how to improve select legal analysis excerpts, and to deeply reflect on what specific actions they can take to improve their own legal analysis and writing. Legal analysis is one of the most important skills in the legal profession and only improves through ample practice. The PPE teaches students the skill, models the skill, and provides several essay questions for students to practice the skill. The PPE is a great resource because its focused learning objectives can help students reach mastery of legal analysis at a faster rate.

Every law school course discusses foundational legal rules, but learning the rules is left up to the students. Students must determine their own approaches to encoding, storing, and retrieving these rules for real-time analysis and application. Legal Rules for Law Students provides guidance for students honing this essential skill. The book focuses on organizing rules into components, synthesizing information, and quickly applying it. The tools are designed to help students master their process and use it on the bar exam.

This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship. An impressive selection of contributors provides analyses of bilateral and multilateral diplomacy in international law making, interpretation, and adjudication. These accounts include examinations of legal diplomacy, reforms within international organisations, judicial diplomacy, and the role of non-state actors - including NGOs and corporations - in the international system. Chapters consist of case studies of treaty negotiations, multilateral legal reform, and the resolution of disputes under formal and informal international legal mechanisms. This Handbook also assesses the relative roles of lawyers, diplomats and lawyer-diplomats within the international system, and the ethical framework for their professional conduct. This Handbook will be helpful to advanced undergraduate, graduate, and law students, as well as researchers, practitioners, and policy makers interested in multilateralism, diplomacy, international law, international organisations, civil society, and the ethics of law and diplomacy.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the "internal" and "external" dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional - and sometimes contradictory - facets of the EU's multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU's participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.

The Fifth Edition of Examples& Explanations: Remedies provides a bridge between law school and the real world. A favorite classroom prep tool of successful students that is often recommended by professors, the Examples& Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. New to the Fifth Edition: Integration of recent Restatement Third, Torts: Remedies sections on compensatory damages and injunctions New critiques of the theory of efficient breach in contract Incorporation of recent Supreme Court authority on contempt, including the mental state required for civil contempt proceedings New analysis of the ability to obtain punitive damages for suits in equity and restitution Consideration of new Supreme Court statements about ripeness standards for declaratory judgments Discussion of garnishment orders regarding new methods of payment, such as Venmo or Paypal Professors and students will benefit from: Updated materials on wrongful death, survival, and loss of consortium claims Expanded material on reasonable certainty, mitigation, offsetting benefits, and collateral sources in damages Updated discussion of ripeness and mootness issues, and the scope of injunctions The integration of the new Restatement and its impact on the field of Remedies Extensive practice questions on institutional reform litigation/structural injunctions

The story of the radical feminist networks who worked outside the law to defend abortion.  Starting in the 1970s, small groups of feminist activists met regularly to study anatomy, practice pelvic exams on each other, and learn how to safely perform a procedure known as menstrual extraction, which can end a pregnancy, using equipment easily bought and assembled at home. This "self-help" movement grew into a robust national and international collaboration of activists determined to ensure access to reproductive healthcare, including abortion, at all costs--to the point of learning how to do the necessary steps themselves.   Even after abortion was legalized in 1973 with Roe v. Wade, activists continued meeting, studying, and teaching these skills, reshaping their strategies alongside decades of changing legal, medical, and cultural landscapes such as the legislative war against abortion rights, the AIDS epidemic, and the rise of anti-abortion domestic terrorism in the 1980s and 1990s. From the self-help movement sprang a constellation of licensed feminist clinics, community programs to promote reproductive health, even the nation's first known-donor sperm bank, all while fighting the oppression of racism, poverty, and gender violence. The movement's drive to keep abortion accessible also led to the first clinic defense mobilizations against anti-abortion extremists trying to force providers to close their doors. Deep Care follows generations of activists and health workers who orbited the Women's Choice Clinic in Oakland from the early 1970s until 2010, as they worked underground and above ground, in small cells and broad coalitions and across political movements with grit, conviction, and allegiances of great trust to do what they believed needed to be done--despite the law, when required. Grounded in interviews with activists sharing details of their work for the first time, Angela Hume reveals this critical, under-recognized story of the radical edge of the abortion movement. These lessons are more pertinent than ever following the Supreme Court's 2022 Dobbs v. Jackson decision and the devastation to abortion access nationwide.

The intersection of intellectual property law and antitrust law is busy and complicated, and there's no reason to believe that the heavy traffic will abate anytime soon. In the past year alone, the congress, regulators and courts have all made significant statements affecting the historical balance between the competing policies underlying intellectual property and antitrust law. Antitrust Issues in Intellectual Property Law, Second Edition focuses on recent developments, helping the IP practitioner stay informed about the law and the many ways in which antitrust law limits, disciplines, and counterbalances intellectual property law and vice versa. Topics cover antitrust issues in these key areas of intellectual property law: Acquisition, procurement, and ownership Licensing Litigation Settlements under the Hatch-Waxman Act Incorporation of IP into a standard set by a standard-setting organization (SSO)

Almost fifty years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. The success of this Convention and its almost universal acceptance by the international community of states is due to the great appeal that recognising certain properties as "world heritage" has for national governments. Since the publication of the first Commentary, new problems have arisen in the management of world heritage sites. It has become increasingly difficult to properly monitor the conservation of the ever-growing mass of sites inscribed in the World Heritage List, and to resolve disputes over the formal designation of contested world heritage properties - a problem that has led to the withdrawal of the United States and Israel from UNESCO. New frontiers are now being explored for the expansion of the world heritage idea over marine areas beyond national jurisdiction, and the monopoly of the State in the identification, delineation, and presentation of world heritage properties is being increasingly challenged in the name of indigenous peoples' rights and by local communities claiming ownership over contested cultural sites. At the same time, the regime of world heritage protection has infiltrated other areas of international law, especially international economic law, investment arbitration, and the area of international criminal law. This second edition critically examines the World Heritage Convention against this dynamic evolution of international heritage law to help academics, lawyers, diplomats, and officials interpret and apply the norms of the Convention after half a century of uninterrupted implementing practice by State Parties and Treaty Bodies.

Everything a lawyer needs to know to start their own practice--the author started his own law practice right out of law school, and this updated text contains everything he learned along the way. How to Start a Law Practice focuses on virtually every area of starting a practice that new attorneys should think about. One of the areas of focus in the book is why young attorneys should think about starting their own practice, and why they should do it sooner than later. The book also addresses the myth that a job with a firm guarantees security. Other areas covered include finding an office, different types of offices, getting clients, managing clients, managing money, and dealing with stress. One unique chapter not found in any similar books deals with things law students are not taught in law school and will need to navigate the professional world. The book is both practical and useful for new attorneys thinking about starting their own practice and young attorneys wanting to learn about professionalism in the legal field.

Women lawyers have made great strides over the past few decades, but the legal profession, like many other professions, has not dismantled the obstacles that impact women. Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,  is a guidebook through tough times and a road map for eliminating the obstacles we can change. Her Story is designed to encourage further discussion on topics that we all face but seldom speak about. Each chapter ends with questions to facilitate discussion in a book club, roundtable, or meeting setting, or to reflect on personally. Enjoy the book from start to finish or by picking out a chapter or essay of interest.

Written by renowned teaching and learning experts, this guide offers concrete steps to help any instructor striving to ensure that all students--and, in particular, historically underserved students--have an equal chance for success. Here you'll find actionable tips, grounded in research, for teaching college classes online, in person, and everywhere in between. While we are pleased to offer this title as a print book, this title is also available as a free ebook for educators. To learn more and register for access, visit https://seagull.wwnorton.com/equityguide   Praise for The Norton Guide to Equity-Minded Teaching "Sometimes resistance to change comes less from a difference in values than from simply not knowing how to change. This guide is a remedy to that conundrum--a lucid and inspiring collection of useful strategies and actionable know-how's on exactly how to make teaching more equitable and effective at the same time. A must-read for all teaching communities, it is a book whose time has come!" --Claude M. Steele, author of Whistling Vivaldi: How Stereotypes Affect Us and What We Can Do   "Colleges are racialized organizations whose practices maintain inequalities in academic opportunities and outcomes for Black, Latinx, Indigenous, and marginalized Asian American and Pacific Islander students. This book gifts practitioners and their students with the knowledge and practices needed to transform the classroom into a site of racial justice." --Estela Mara Bensimon, founder, USC Center for Urban Education   "I can't praise this book highly enough. The authors have produced a thoughtful and well-written guide to creating equity-minded college courses. Into their deft summaries of the research and theory they have woven well-chosen examples, plenty of starter tips, and material for further reflection. Change the lives of your students, and reshape your teaching, with the help of this essential book." --James M. Lang, author of Small Teaching: Everyday Lessons from the Science of Learning

This book offers a comprehensive, article-by-article legal commentary on the United Nations Convention Against Transnational Organized Crime and its Protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The Convention- often referred to by the acronym UNTOC- was approved by the UN General Assembly on 15 November 2000 and made available for governments to sign at a high-level conference in Palermo, the heartland of the Italian Mafia, on 12-15 December 2000. For this reason, UNTOC is sometimes also referred to as the 'Palermo Convention'. The Convention entered into force on 29 September 2003. The purpose of UNTOC is to promote cooperation to prevent and combat transnational organized crime more effectively. UNTOC seeks to promote consistency among national legal systems and set standards for domestic laws so that States parties can effectively combat transnational organized crime. UNTOC is supplemented by three protocols: the Protocol against the Smuggling of Migrants by Land, Air, and Sea, the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition. Article by article, this books presents the text of each provision of the Convention and the Protocols, followed by a systematic analysis of their background and negotiating history, their interpretation by the Conference of the Parties and its working groups, in judicial decisions by domestic and international courts, , in the academic literature, and in official material published by international organisations, chief among them the United Nations Office on Drugs and Crime (UNODC), the guardian of UNTOC and the Protocols. The authors offer critical, scholarly commentary. The book serves as a compendium for those using, researching, or studying provisions under UNTOC and the Protocols and as a handbook for those charged with implementing and enforcing them.

The story of how the First Amendment became an obstacle to campaign finance regulation--a history that began much earlier than most imagine. Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles--but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable. Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.

What parts of morality ought the law to enforce? What considerations justify its enforcement? What is the relationship between the legal and social enforcement of morality? Are there principled moral limits that constrain the enforcement of morality? How should we think about the pragmatic limits to the effective enforcement of morality? These are some of the main questions addressed by Steven Wall in this comprehensive and provocative study of a fundamental debate in jurisprudence and political theory. The book defends the practice of ethical environmentalism: the deliberate effort to improve the ethical character of the social environment of a society by political, legal and other means. The presumptive case for ethical environmentalism is presented and then assessed in light of a range of important considerations, including fair treatment, governmental neutrality, the value of personal liberty, rights to do wrongs, and free expression.

The second edition of this comprehensive handbook describes the legal grounds for human activities in outer space and on celestial bodies, including recent developments such as: - Space travel by private companies - NASA's Artemis programme - Concrete considerations for colonising the moon and Mars - Resource mining on celestial bodies - Traffic rules for space

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice. Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon's central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully--and often violently--oppose Native actions. These "fish wars" spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln's birthday to hand down a decision recognizing the tribes' right to half of the state's fish. The case's long aftermath led from the Supreme Court's affirmation of Boldt's opinion to collaborative management of the harvest of salmon and other marine resources. Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century's most important civil rights cases.

This book provides a pathbreaking attempt both to define the important legal questions related to the growing use of "big data" in extraterritorial military operations, and to begin to provide some answers. Big data, meaning the troves of data generated by new information technologies and the advanced analytics used to process that data, is radically reshaping the modern battlefield. Like many new military technologies and capabilities, the myriad uses of big data present broad questions about how to translate existing rules and principles embedded in multiple bodies of law to these new contexts, both within armed conflict, as part of adversarial activities below the armed conflict threshold, and in a range of related operations that increasingly use, deploy, and target such data. These questions extend beyond the role of big data within weapons systems and other military capabilities to questions about the nature of civilian harm, scope of individual rights, atrocity investigation, and humanitarian relief. The chapters in this book comprise the first initiative to grapple with a wide swath of these questions including whether, and how, jus ad bellum, international humanitarian law, international human rights law, and international criminal law might apply to operations involving big data. At the same time, because big data is so transformative, the uses of such data provoke deeper questions about the law itself, exposing gaps and interpretive ambiguities in existing legal frameworks that generate critiques of those frameworks as inadequate. Accordingly, while big data holds enormous promise, it also has the potential to disrupt modern warfare and the rule of law itself. This book confronts these issues directly, offers a range of approaches, and suggests an initial roadmap for scholars and practitioners alike.

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

A brisk, practical defense of free speech in America's digital public square that calls on the courts to reject the censors' absolutism, enforce enduring First Amendment principles, and restore a vigorous and robust marketplace of ideas. A vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues ranging from public health to electoral politics. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. And they insist their partnership is voluntary, not coerced. In Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues. Quibbling over outdated distinctions misses the real threat--which is the fusion of public and private power into a modern-day cartel able to overleap longstanding constitutional safeguards. American democracy, he argues, rests on a decentralized marketplace of ideas independent of the government. In crisp, trenchant terms, Glennon shows how concrete practical concerns justify protecting admittedly harmful online speech--even speech that advocates violence or embraces hatred or apparent falsehood. The intellectual journey of Justice Oliver Wendell Holmes Jr. from absolutist to skeptic, he suggests, illuminates the value of political pluralism and the perils of the censors' delusory certitude. To safely self-correct, democracy requires open channels of political communication. Glennon calls on the courts to unblock those channels--to measure such speech against enduring First Amendment precepts rather than pliable international norms--and to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas. That includes what's often overlooked: Americans' right to hear. Without robust judicial protection, the specious attractions of censorship--and the absolutist certitude that drives it--will destroy America's marketplace of ideas and, with it, any hope of political self-renewal.

The electoral college is the extraordinarily complex mechanism by which Americans choose their president. Is there any justification for such a system, which may elect the candidate who does not receive the most votes? Today, with two of the last five presidential elections having gone to the popular vote loser and the debacle following the 2020 election, the electoral college's flaws are more apparent than ever. In this fourth edition of the definitive book on the electoral college, George Edwards employs rigorous analysis and systemic data to show how the system violates core democratic principles and does not provide the benefits its advocates claim. With a new chapter focusing on the 2020 election, Edwards addresses justifications for the electoral college that were popular among Trump supporters following the 2016 and 2020 elections. Edwards concludes by offering a straightforward approach to selecting the president that maximizes political equality.

With Determann's Field Guide to Artificial Intelligence Law, readers can navigate a complex field traversing new technologies, business models, risks, rights, and legal issues. The author presents practical recommendations in a user-friendly and accessible format, designed to help organizations build and maintain their AI compliance and risk mitigation programs. A leading voice on data and technology law, Lothar Determann discusses existing and new laws pertaining to AI around the world and examines distinct advantages of different governance models. Key Features: Roadmap on how to identify, prioritize, and address risks and compliance obligations Checklists, action items, and sample protocols A-to-Z list of risks and mitigation measures Examples of jurisdiction-specific legal requirements Guidance on governance and accountability mechanisms Practitioners in corporate legal departments and private practice, compliance officers, programmers, privacy officers, data scientists, human resources (HR) specialists, and other professionals who must address AI and related legal compliance issues will find the guidance on risk assessments and mitigation, data law compliance, intellectual property, and other AI-related topics a vital resource.

Collectively, the authors have more than 100 years of experience teaching sports law. Thirty-three years ago, four of the authors published the inaugural edition of their popular law school textbook, Sports Law: Cases and Materials. The law school textbook was used as a model for Sports Law for Sports Management. The organization of the book is in three parts: Amateur Sports, Professional Sports and Issues Common to Both. It is intended for textbook use in a three-credit hour undergraduate or graduate sport management course on law, governance, and regulation. It is designed to introduce sport management students to the structures of governance and regulation associated with high school, college, Olympic, and professional sports. It also provides an overview of the historical development of the governing bodies, conferences, federations, and leagues that administer and regulate amateur and professional athletics. The authors are committed to a skills-oriented, problem-based approach as the optimal way to study the subject matter. While the book can be used conventionally -- ​for those who choose to focus on cases, notes, and questions -- ​skills-based problems are featured throughout. Capstone problems and case simulations are designed to facilitate both the review of doctrine and the energy of experiential learning. Sports law is alive. Things happen fast in sports and sports law. Legal issues, once on the horizon, arise quickly. This book is comprehensive enough to allow sport management professors to select topics that are of most interest to them and their students. The problem-based approach invites students to confront current issues as they arise. and makes for a great classroom experience.

Authorship represents a new area of policy-related work within higher education research administration, funding agencies, and scholarly journal publishing. This book offers the unique aspect of combining details on copyright ownership as well as authorship into a single volume on best practices for administrators, journal publishers, research managers, and policy drafters within and outside of higher education. Discover more about the definition of 'author'--from data gatherer to writer--to inform policy development while understanding the interconnected relationships between authorship, copyright ownership, and scholarly communication. This book will also demonstrate how to develop inclusive and equitable authorship policies that reflect the range of diversity within the research endeavor and scholarly publishing.

The Seventh Edition of Examples & Explanations for Professional Responsibility is a thorough and comprehensive text that can be used by students as a study aid and by professional responsibility teachers as a class text. It covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law. Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys' fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness perjury and litigation misconduct, advertising and solicitation, admission to practice, and the organization of the legal profession. Coverage includes all subjects that are tested on the Multistate Professional Responsibility Exam (MPRE), including judicial ethics, a subject tested on the MPRE and not often covered thoroughly, if at all, in law school professional responsibility courses; the ABA's simplification of the rules on advertising and solicitation; Model Rule 8.4(g) on discrimination in the practice of law; the California Supreme Court's Sheppard Mullin opinion on advance waivers of conflicts, and continuing developments in the impact of technology on the practice of law. New to the Seventh Edition: Expanded coverage of developments in the law having to do with lawyering, including ABA rules, ethics opinions, and cases New and revised examples and explanations in many chapters Top-to-bottom comprehensive revision and updates of all areas of professional responsibility, with attention to areas that are particularly challenging for students (as well as many practicing lawyers!), such as conflicts of interest and privilege and confidentiality Professors and students will benefit from: A study aid that, without "teaching to the test," provides students with thorough preparation for the MPRE, which is the first licensing exam that many law students take MPRE-style multiple-choice questions in the Examples The depth and sophistication of the coverage 

"Provides a comprehensive history of the 175 African Americans who have served in the United States Congress. Written for a general audience, this book contains a profile of each African-American Member, including notables such as Hiram R. Revels, Joseph H. Rainey, Oscar De Priest, Adam Clayton Powell Jr., Shirley Chisholm, Augustus F. "Gus" Hawkins, and Barbara Jordan. Individual profiles are introduced by contextual essays that explain major events in congressional and U.S. history. Illustrated with many portraits, photographs, and charts"--Provided by publisher.

The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG's interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG's uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.

Globalization has unleashed the spread of communicable and non-communicable diseases, connected societies through vulnerability to common threats, and revealed the limitations of domestic legislation in addressing economic, social, and political determinants of health. Yet if globalization has presented challenges to disease prevention and health promotion, with the COVID-19 pandemic making clear the governance challenges ahead, global health law offers the promise of bridging national boundaries to alleviate global inequities. The academic field of global health law analyzes the law and policy frameworks that apply to the new public health threats, non-state actors, and regulatory instruments that structure global health. Arising out of international health law--which narrowly focuses on relationships among states--the field of global health law reflects the changing institutional architecture, norms, and diplomacy necessary to respond to the health threats of the twenty-first century. The new law and policy frameworks, placing public health obligations on the global community of state and non-state actors, ensure justice in global health through institutions that embrace values of transparent governance, multisectoral engagement, and legal accountability. As the study and practice of global health law has expanded over the past decade, and especially through the COVID-19 response, students and scholars require a foundational text to comprehend this shifting landscape. Lawrence O. Gostin and Benjamin Mason Meier have edited this text to help readers understand the promise of law and policy in global health. Assembling leading academics across the field of global health law, this volume (1) explains the conceptual frameworks and governance institutions that define the field, (2) applies global health governance to disease prevention and health promotion, (3) examines economic institutions that influence global health, and (4) analyzes international legal efforts to address rising health threats.

BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLES The latest edition of the industry-leading reference to boundary law for property surveying In the newly revised eighth edition of Brown's Boundary Control and Legal Principles, a team of distinguished surveying professionals delivers an updated and expanded treatment of the latest in surveying technology and surveying caselaw. This classic reference to boundary law principles for property surveying continues to evolve, covering all relevant and necessary information related to the complex area of boundary law. The book offers a wealth of case studies on federal and state rectangular and non-sectionalized land surveys demonstrating real-world examples. It provides numerous illustrations highlighting the concepts discussed within, and is an essential reference tool for professionals and students in the area, providing: A thorough introduction to the foundational principles of boundary surveying and property rights Comprehensive explorations of decision-making in professional boundary surveying Practical discussions of the legal principles governing land surveying, land boundaries, and land rights A holistic combination of law and surveying that's ideal as a reference tool and as a learning tool Perfect for practicing surveyors and those studying for the Fundamentals of Surveying (FS) licensing exam, Brown's Boundary Control and Legal Principles will also benefit undergraduate and graduate students of surveying programs, as well as lawyers who practice in the areas of real estate, land, and property law.

In the 1960s and '70s, the waters of Washington State boiled with conflict. Because of state actions and policies, Washington Tribes had long been denied their fair share of the salmon harvest granted by treaties adopted by the US government and the Tribes in 1854. Tribal members staged "fish-ins" and other demonstrations, and ultimately pursued a federal lawsuit against the state. Decided in 1974 by US district court judge George H. Boldt, the landmark ruling gave Tribes an equal share of fish, meaning yields for non-Native fishermen plummeted. As a result, many non-Native commercial fishing businesses closed, and chaos and legal disputes continued into the 1980s. All the while, the number of salmon available for harvest steadily declined. During this post-Boldt period, a group of Tribal and government leaders collectively decided change was sorely needed. Through collaboration, they forged major, seemingly unattainable agreements to cooperatively manage fisheries, all while protecting and enhancing salmon runs. Author Bill Wilkerson, then fisheries director for the state of Washington, and legendary Tribal leader Billy Frank Jr. were among a select group of courageous visionaries who worked to bring peace to state waters and reverse the steady decline of salmon runs. Without Frank's dedicated participation in these talks, legitimizing the process in the view of local Tribes, it's unlikely these agreements would have ever been made. In Common With is an insider's look at a number of successful negotiations between historic adversaries. They included an international salmon treaty between the US and Canada, a long-term cooperative management agreement between the state and Tribes, and a major accord between the state, Tribes, and forestland managers to protect salmon habitat on privately owned forestlands. This groundbreaking feat of diplomacy and partnership revealed the power of honoring one another's opinions, needs, and wants. This spirit of cooperation and dedication to common ground serves as a shining example for contemporary leaders in today's polarized political landscape.

Since the Second World War, international laws governing the conduct of war and the behaviour of soldiers on the field of battle have been of strong academic and legal interest. Yet while they have seen their strongest articulation and enforcement in the contemporary era, rules governing such conduct are deeply rooted in human history. Beginning with the origins of organized warfare in the ancient world, A Socio-Legal History of the Laws of War: Constraining Carnage traces key structural and cultural changes through multiple historical contexts, highlighting various approaches to the nature and purpose of war, as well as the roles of both bystanders and participants. Where other scholarship has focused on the legality of war itself, Christopher W. Mullins concentrates on rules surrounding the behaviour of soldiers and commanders in the field while also demonstrating how these issues have transformed over time. Rooted in critical historical documents from the Tudors to the American Revolution, this rich history, the first of two volumes, provides a cogent understanding of how the current historical moment has developed, as well as of the potential paths that lie ahead.

Presenting the broad spectrum of interdisciplinary academic research on corruption, this essential reference book examines anti-corruption legislation, governance mechanisms, international instruments and other preventative measures intended to tackle corruption. Including over 100 entries and adopting a comprehensive approach to researching and combating corruption, this Encyclopedia covers the key ideas, concepts and theories in corruption law. Featuring contemporary case studies from around the world, the work analyses the intersection of corruption law and the social sciences, as well as various manifestations of corruption - including bribery in both the private and public sectors, embezzlement and criminal mismanagement, and money laundering. The Encyclopedia also explores the work of intergovernmental anti-corruption organizations, such as the United Nations Convention Against Corruption (UNCAC) and the OECD Convention. This Encyclopedia will be essential reading for students and scholars of economic crime, law and business, and regulation and governance, as well as for international regulators, policymakers and politicians. Key Features: Over 100 concise entries from 124 international and interdisciplinary contributors Case studies from across the globe Discussion of anti-corruption legislation and governance mechanisms Exploration of preventative measures and the future of tackling corruption

Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies.

Examples & Explanations: Employment Discrimination, well-known and highly respected author Joel Friedman utilizes the time-tested Examples and Explanations format to expand on employment law and include content based on recent changes to employment discrimination law. Comprehensive and easily understood, the Fifth Edition of Examples & Explanations: Employment Discrimination offers students a precise synopsis of employment discrimination law along with numerous deftly written questions to help students accurately and persuasively apply the applicable doctrine to the relevant facts. New to the Fifth Edition: Title VII: Reformulation of Undue Hardship Test for Religious Accommodation Cases under Title VII Title VII: Expansion of ministerial exception in religious accommodation cases under Title VII Title VII: narrowing of protection for opposition activity in retaliation claims under Title VII Title VII: expansion of sexual harassment claims under Title VII to include sex stereotyping Affirmative Action: Prohibition of use of race in university admissions policies Professors and students will benefit from: Includes references to all important developments through Supreme Court's 2022-2023 term

The human rights project is one that brings together ideas, policies, and laws, as well as national civil society and international cooperation. Yet despite progress, human rights are still being grossly violated in vast numbers in many parts of the world, and the challenge remains to keep expanding the circles of achievements and opportunities for a universal culture of human rights. This handbook brings together a broad collection of documents from different parts of the world, from global and regional institutions, attesting to the fact that the universality of human rights resides in the spirit and aspirations of the peoples of the world. Divided into thematic sections, the volume brings together primary sources on topics such as philosophical and religious perspectives, international human rights policy, sustainable development, economic, social, and cultural rights, among many more, complete with a thorough introduction to each theme. The result is a remarkable collection of documents and teaching materials in support of the universality of human rights.

Intellectual property law has been interacting with nature for over two centuries. Despite this long history, this relationship has largely been ignored. Intellectual Property and the Design of Nature fills this gap by bringing together scholars from different disciplines to examine the important role that nature plays in intellectual property law. Based on the idea that many contemporary issues require a better understanding of these historical interactions, the book reflects on the ways intellectual property law has engaged with and understood nature in the past. The varied contributions show how the relationship between nature and intellectual property law is often more complex, permeable, and porous than is commonly recognized. Intellectual Property and the Design of Nature demonstrates the complex and changing role that nature has played in the history of intellectual property law. Each of the chapters casts a new light on these connections. A compelling read for everyone interested in exploring new perspectives in the field of intellectual property.

An unprecedented look inside the global battle to power our lives from acclaimed Reuters reporter Ernest Scheyder. A new economic war for critical minerals has begun, and The War Below is an urgent dispatch from its front lines. To build electric vehicles, solar panels, cell phones, and millions of other devices means the world must dig more mines to extract lithium, copper, and other vital building blocks. But mines are deeply unpopular, even as they have a role to play in fighting climate change and powering crucial technologies. These tensions have sparked a worldwide reckoning over the sourcing of necessary materials, and no one understands the complexities of these issues better than Ernest Scheyder, whose exclusive access to sites around the globe has allowed him to gain unparalleled insights into a future without fossil fuels. The War Below reveals the explosive brawl among industry titans, conservationists, community groups, policymakers, and many others over whether some places are too special to mine or whether the habitats of rare plants, sensitive ecosystems, Indigenous holy sites, and other places should be dug up for their riches. With vivid and engaging writing, Scheyder shows the human toll of this war and explains why recycling and other newer technologies have struggled to gain widespread use. He also expertly chronicles Washington's attempts to wean itself off supplies from China, the global leader in mineral production and processing. The War Below paints a powerfully honest and nuanced picture of what is at stake in this new fight for energy independence, revealing how America and the rest of the world's hunt for the "new oil" directly affects us all.

Providing examples of successful approaches to unsettling Western archival paradigms from Canada, the United States, New Zealand, and Australia, this book showcases vital community archival work that will illuminate decolonial archival practices for archivists, curators, heritage practitioners, and others responsible for the stewardship of materials by and about Indigenous communities.

Eight years in the making, Lha yudit'ih We Always Find a Way is a community oral history of Tsilhqot'in Nation v. British Columbia, the first case in Canada to result in a declaration of Aboriginal Rights and Title to a specific piece of land. Told from the perspective of the Plaintiff, Chief Roger William, joined by fifty Xeni Gwet'ins, Tŝilhqot'ins, and allies, this book encompasses ancient stories of creation, modern stories of genocide through smallpox and residential school, and stories of resistance including the Tŝilhqot'in War, direct actions against logging and mining, and the twenty-five-year battle in Canadian courts to win recognition of what Tŝilhqot'ins never gave up and have always known. "We are the land," as Chief Roger says. After the violence of colonialism, he understands the court case as "bringing our sight back." This book witnesses the power of that vision, its continuity with the Tŝilhqot'in world before the arrival of colonizers two centuries ago, and its potential for a future of freedom and self-determination for the Tŝilhqot'in People.

A study of the coexistence of Muslims and Christians in Lebanon through an investigation of Lebanese law.The book considers coexistence as an organizing or structuring principle of the modern Lebanese state, and of its legal order. It analyses the kind of legal arrangement that coexistence dictates, and the legal processes that sustain coexistence. It reaches beyond the law, to describe or provide an account of coexistence as constitutive of a secular sensibility or form of life, a sensibility or form of life that finds its articulations in specific ways of thinking, doing, and feeling. It describes some of the concepts, practices, and attitudes of coexistence, through which Muslims and Christians in Lebanon are secured a place and secured in place, enabled and constrained to make legible their 'religious' difference and distinctiveness through marriage and its consequences (the family), keep in check, restrain, or contain their 'religious' passions. It proposes that the coexistence of Muslims and Christians in Lebanon is Lebanese secularism.

This book examines the lethal risks faced by police and traffic officers in Aotearoa New Zealand. It tracks lethal risk volume and type across 134 years of the New Zealand Police/Ngā Pirihimana o Aotearoa's 137-year existence. Using data gathered from public records, official government reporting, and comparative studies, it reveals the current situation with regards to lethal risks from 1886 to 2019. The book identifies and presents two lethal risk hierarchies, the first for the period 1886-1999 and the second for the period 2000-2019. The hierarchies establish that the lethal risks faced come from: * Firearms * Assaults * And, potentially, Cutting/Stabbing attacks It determines that the nature of lethal risk has not changed, but rather the volume has reduced, meaning today's officers are less likely to be harmed by lethal risk encounters than their predecessors were. This volume is an ideal starting point for researchers and practitioners interested in developing further scholarly research on lethal force and lethal risks faced by law enforcement officers and the organization they belong to.

The promotion and protection of human rights is a pillar of the United Nations, enshrined in the Charter, the international bill of rights, elaborated in General Assembly resolutions and declarations, and buttressed by monitoring mechanisms and regional human rights courts. After WWII the world demanded respect for collective and individual rights and freedoms, including the right to live in peace, i.e.freedom from fear and want, the right to food, water, health, shelter, belief and expression. Human dignity was understood as an inalienable entitlement of every member of the human family, rights that were juridical. justiciable and enforceable. It did not take long for these noble goals to be politicized. Many States systematically weaponize human rights for geopolitics. A "human rights industry" operates at all levels and instrumentalizes values with the complicity of diplomats, politicians, non-governmental organizations, academics, journalists, -independent experts-, rapporteurs, secretariat members and media conglomerates. This book addresses the decisive role played by major governmental and private agencies such as the National Endowment for Democracy, USAID, elite think tanks, Council on Foreign Relations, Trilateral Commission, World Economic Forum and others in shaping a "perception" of human rights that primarily serves geopolitical interests. Major non-governmental organizations that once were truly independent, including Amnesty and HRW, today belong to the leading narrative managers. The voting record in the General Assembly and Human Rights Council by China, Russia, the United States, Canada, UK, EU, OIC, Group of 77, Non-aligned movement, etc. documents who supports and who subverts human rights. Why do the Council and NGOs practice double-standards and allow States to brazenly lie, blackmail and bully weaker States? Under the pretext of providing humanitarian assistance, lethal military interventions are conducted, e.g. in Libya, emblematic example of how the noble idea of the "responsibility to protect" was corrupted. Propagandistic use of the words "human rights", "democracy", "rule of law", "freedom" - demean them and subvert rational discourse. Drawing on more than four decades of working in the field of human rights as UN staff member, rapporteur, consultant, professor and NGO president, Alfred de Zayas examines how the tools of implementation of human rights serve to entrench political narratives promoted by the "industry".