New Books

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.

In pursuit of the question of law, Young Kim explores foundational political and moral concerns and develops a new normative theory of law. This theory of law may be stated as two principles, in lexical priority, as follows: First Principle: One should obey those laws of legal-rational political authority that do not otherwise violate societal norms and customs. Second Principle: Government should only enforce rules of human behavior of legitimate legal-rational political authority. This view understands the foundation of law to be political, including the power to enforce rules. Thus, as this book argues, the question of law is seen primarily as a question of obedience--whether and in what circumstances it is appropriate to obey the law. Furthermore, justice is seen as providing the moral framework within which rules of law are articulated. Law should serve the demands of justice; in particular, the theory of justice as right actions, which is led by moral concerns.

How colleges and universities can respond to legal pressures while remaining true to their educational missions. Not so long ago, colleges and universities had little interaction with the law. In the 1970s, only a few well-heeled universities even employed in-house legal counsel. But now we live in the age of tenure-denial lawsuits, free speech battles, and campus sexual assault investigations. Even athletics rules violations have become a serious legal matter. The pressures of regulation, litigation, and legislation, Louis Guard and Joyce Jacobsen write, have fostered a new era in higher education, and institutions must know how to respond. For many higher education observers and participants, including most administrators and faculty, the maze of legal mandates and potential risks can seem bewildering. Guard, a general counsel with years of higher education law experience, and Jacobsen, a former college president, map this unfamiliar terrain. All the Campus Lawyers provides a vital, up-to-date assessment of the impact of legal concerns on higher education and helps readers make sense of the most pressing trends and issues, including civil rights; free speech and expression; student life and wellness; admissions, advancement, and community relations; governance and oversight; the higher education business model; and on-campus crises, from cyberattacks to pandemics. As well as informing about the latest legal and regulatory developments affecting higher education, Guard and Jacobsen offer practical guidance to those in positions of campus authority. There has never been a more crucial time for college and university boards, presidents, inside and outside counsel, and other higher education leaders to know the law and prepare for legal challenges.

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Today, when politicians, pundits, and scholars speak of states' rights, they are usually referring to Southern efforts to curtail the advance of civil rights policies or to conservative opposition to the federal government under the New Deal, Great Society, and Warren Court. Sean Beienburg shows that this was not always the case, and that there was once a time when federalism--the form of government that divides powers between the state and federal governments--was associated with progressive, rather than conservative, politics. In Progressive States' Rights, Sean Beienburg tells an alternative story of federalism by exploring states' efforts in the years before the New Deal of shaping constitutional discourse to ensure that a protective welfare and regulatory governmental regime would be built in the states rather than the national government. These state-level actors not only aggressively participated in constitutional politics and interpretation but also specifically sought to create an alternative model of state-building that would pair a robust state power on behalf of the public good with a traditionally limited national government. Current politics generally collapse policy and constitutional views (where a progressive view on one policy also assumes a progressive view on the other), but Beienburg shows that this was not always true, and indeed many of those most devoted to progressive policy views were deeply committed to a conservative constitutionalism.

The 'Constitution of Medina' is probably the first legal document of Muhammad and dates back to the first year after his hijra (622 CE), or "emigration", which brought him from his hometown Mecca to the cluster of towns known as Yathrib or Medina in the Hijaz (northern Arabia) and marked the beginning of the Islamic era. Muslim historians and jurists have been familiar with this important document for centuries, and aware of its legal and theological implications for Islamic law. It was first brought to the attention of scholars in the West at the end of the 19th century by Wellhausen, who accepted it as an authentic document from the time of the Prophet. Since then, such leading orientalists as Goldziher, Gil, Serjeant, Goto, U. Rubin and J. B. Simonsen have studied various aspects of it. This monograph offers an edited translation and interpretation of the earliest and most important document from the time of Muhammad. Lecker's focus is on the Jewish tribes, the Treaty of the Mu'minun and the Treaty of the Jews..

This How to Guide will provide readers with information and insights which will better equip them to support law students in a higher education setting. Featuring contributions from an array of eminent academics and student support professionals, this book includes personal reflections, example scenarios and practical tips for those seeking to improve support for student wellbeing. How to Offer Effective Wellbeing Support to Law Studentsdiscusses issues that impact wellbeing from a variety of perspectives including distance learning, the influence of sex and gender on the provision of pastoral support, and the challenges of providing wellbeing support at the same time as maintaining personal wellbeing. Written in an informative yet accessible style, chapters provide strategies to work with law students in a supportive capacity while integrating wellbeing as a core component of day-to-day teaching. Ultimately this How to Guide concludes that although wellbeing support varies between universities, there are universal traits and frameworks throughout that can encourage more effective and tailored welfare assistance. This will be an excellent resource for early career researchers and more established academics in the field of law who undertake teaching and supervisory responsibilities. It will also be of interest to student support professionals as they seek to improve their techniques when working with law students. >

Very Short Introductions: Brilliant, Sharp, Inspiring Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Law--its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world. It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

A deeply revealing exposé of the American prosecutorial system and its historic and present racial inequities--and how we can transform the system to one of fairness and justice. In Get Off My Neck, Debbie Hines draws on her unique perspective as a trial lawyer, former Baltimore prosecutor, and assistant attorney general for the State of Maryland to argue that US prosecutors, as the most powerful players in the criminal justice system, systematically target and criminalize Black people. Hines describes her disillusionment as a young Black woman who initially entered the profession with the goal of helping victims of crimes, only to discover herself aiding and abetting a system that prizes plea bargaining, speedy conviction, and excessive punishment above all else. In this book, she offers concrete, specific, and hopeful solutions for just how we can come together in a common purpose for criminal justice and racial justice reform. Get Off My Neck explains that the racial inequities in the prosecutorial system are built into our country's DNA. What's more, they are the direct result of a history that has conditioned Americans to perceive the Black body as insignificant at best and dangerous at worst. Unlike other books that discuss the prosecutor's office and change from inside the office, Hines offers a proactive approach to fixing our broken prosecutorial system through a broad-based alliance of reform-minded prosecutors, activists, allies, communities, and racial justice organizations--all working together to end the racist treatment of Black people. Told intimately through personal, family, and client narratives, Get Off My Neck is not only a deeply sobering account of our criminal justice system and its devastating impact on Black children, youth, and adults but also a practical and inspiring roadmap for how we can start doing better right now.

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. Lorenzo Casini delves into the increasing globalization of cultural heritage law in this innovative and thought-provoking Advanced Introduction. Chapters build on examples of armed conflict, UNESCO World Heritage, illicit traffic and restitution, and museums. In addition to answering fundamental questions on cultural property, Casini constantly connects national and global aspects of cultural heritage law; he dissects old and contemporary dilemmas such as the public and private divide, the paradoxes of protection, the complex regulation of landscape, or the retention v. restitution approaches, and examines the future challenges of cultural heritage law in the digital age. Key Features: Balances theory and practice of cultural heritage law Establishes links between jurisdiction and wider legal issues Connects domestic and global issues of cultural heritage law Presents a rich variety of case studies and examples from different legal systems Adopts a multidisciplinary approach connecting the law with the broader social sciences Introduces a comprehensive overview of international and comparative cultural heritage law This coherent Advanced Introductionwill prove invaluable to scholars across cultural heritage law and art law. It will also be an invigorating read for practitioners, museum professionals, and lawyers in cultural heritage, art law, and intellectual property worldwide. Lastly, it highlights the general relevance and significance of cultural heritage issues in the field of law and in social sciences more broadly.