New Books: April 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Digital technologies are playing a growing role in achieving the UN's Sustainable Development Goals (SDGs). They are both a tool both for achieving developmental outcomes and a driver of change. However, the use of digital technologies also entails certain legal challenges. The purpose of this book is to highlight these challenges and suggest solutions. Written by leading researchers from six countries, who analyse legislative solutions from around the world, it includes chapters on the benefits of asset tokenisation, the role of artificial intelligence in achieving sustainable development, legal issues in the green digital transformation, and human rights in a digital world. Through a mixture of fundamental analysis and real-world examples, readers will learn how emerging digital technologies can help achieve various SDGs and what legal challenges arise from their application.  This important resource will be of interest to academics, government andlegal officials whose work involves the legal regulation of the introduction and use of new digital technologies, as well as sustainable development challenges. Legal experts engaged in the design of new legal infrastructures during the current phase of digital, climatic and social transformation in private, public and social organizations will also find it useful.

HPSM is a modern financial contract that comprises shirkah (partnership), ijarah (lease), and sale contracts. In the HPSM contract, ownership of the asset is jointly held by the bank and the client. The client makes regular instalments. During the contract, the client is granted to use the asset as long as he meets specific conditions. Upon the completion of all instalments, the asset becomes the property of the client.  This book seeks to shed light on the fundamental concept of HPSM, including the policies, regulations, and subsidiary contracts that play a vital role in its practical application. It provides a thorough exploration of the documentation and accounting procedures, while also addressing potential Shari'ah-related issues in HPSM, and will be of potential interest to students, researchers, policymakers and practitioners, offering a comprehensive understanding of how HPSM is applied within the Islamic finance industry.

The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation.

This innovative and prescient book offers a multidisciplinary framework which reconceptualizes maltreated animals as crime victims. Articulating more active and involved responses to animal maltreatment, Animals as Crime Victimsprovides guidance to attorneys, law enforcement personnel, veterinarians, and educators by reimagining how animals are positioned within the law. Lacey Levitt, David B. Rosengard, and Jessica Rubin bring together expert contributors from various fields who argue for reconceptualizing animals as crime victims and examine the legal ramifications of doing so. Chapters explore how recognition as crime victims not only makes animals and their own interests visible within the law but affords them substantive rights. Alongside a proposed legal framework, this incisive book details modern scientific discoveries regarding the complexity of animals' cognition and emotions and the historical and contemporary sociological shifts in our relationships with animals. Animals as Crime Victimswill be a vital read for academics, students, and practitioners whose work focuses on animal maltreatment, animal law, or human-animal studies. Including in-depth examples, practical information, and exploration of substantive law alongside legal theory, this book will be useful to lawyers, law enforcement personnel, criminologists, and veterinary and mental health professionals confronting crimes against animals or the humans committing them.

As a settler state, Canada's claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.

This collection of 80 dramatic firsthand writings by Frederick Douglass, Ida B. Wells, and others brings to life the struggle for racial justice from the Civil War to World War I A vital resource for the teaching of the history of race in America that traces the ascendency of white supremacy after Reconstruction-and the outspoken resistance to it led by Black Americans and their allies W.E.B. Du Bois famously identified "the problem of the color-line" as the defining issue in American life. The powerful writings gathered here reveal the many ways Americans, Black and white, fought against white supremacist efforts to police the color line, envisioning a better America in the face of disenfranchisement, segregation, and widespread lynching, mob violence, and police brutality. Jim Crow- Voices from a Century of Struggle, Part One brings together speeches, pamphlets, newspaper and magazine articles, public testimony, judicial opinions, letters, and poems and song lyrics-more than eighty essential texts in all-from the end of Reconstruction in 1876 to the bloody "Red Summer" of 1919. The volume includes writing by both famous and lesser known individuals, including- Ida B. Wells on the scourge of lynching Richard T. Greener's scathing critique of America's "White Problem" Charles Chesnutt on the nullification of the Fifteenth Amendment Booker T. Washington's historic Atlanta address John Marshall Harlan's eloquent and prophetic dissent in Plessy v. Ferguson; Mary Church Terrell on segregation in the nation's capital and the convict lease system William Monroe Trotter's dramatic White House confrontation with Woodrow Wilson Jeanette Carter's tribute to the men and women who fought back against white mobs in 1919 The volume also presents revealing examples of white supremacist advocacy by Nathaniel Shaler and Benjamin Tillman; testimony about the "Exoduster" migration to Kansas in the 1870s; celebrations of pathbreaking Black musicians and stage performers; writing about the Wilmington insurrection of 1898, the founding of the NAACP, and Black soldiers in World War I; and contrasting editorials from the Black and white press on prizefighter Jack Johnson and the outlaw Robert Charles. As the teaching of our nation's history, especially the history of race in America, becomes increasingly contested, this book will serve as a vital resource, a crucial reminder of where we've been, how far we've come, and how long the road ahead remains.

Post-Soviet Latvia and post-apartheid South Africa are far apart geographically and yet have endured a similar history of colonial and authoritarian rule before transitioning to democracy at the end of the 20th century. This book examines these two nations in an unusual comparative study of post-authoritarian efforts to decolonize production and trade. The book combines an analysis of political economy and ecocultural heritage to unpack alternative trade formations. It also connects world systems thinking with Indigenous knowledge to articulate a decolonial theory of development and change over the longue durée. Conclusions and insights drawn are timely and important for a planet confronted by crises such as authoritarianism, laissez-faire capitalism, climate change and the COVID-19 pandemic.

Although diversity in companies is a topic of great interest, significant aspects of the issue are often left out of the debate. The Corporate Diversity Jigsaw connects all the dots so that steps taken to address issues of diversity in business organisations can be more effective. Akshaya Kamalnath offers a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter. After a critical assessment of quotas and disclosure requirements across jurisdictions, she provides a different way to solve the problem, by encouraging companies to make improvements to their culture and internal processes. This timely book offers a balanced analysis, practical solutions, and fresh perspectives on how corporate culture and social movements impact diversity efforts.

A practical guide to the essential practice that builds better teachers. Becoming a Critically Reflective Teacher is the landmark guide to critical reflection, providing expert insight and practical tools to facilitate a journey of constructive self-critique. Stephen Brookfield shows how you can uncover and assess your assumptions about practice by viewing them through the lens of your students' eyes, your colleagues' perceptions, relevant theory and research, and your own personal experience. Practicing critical reflection will help you... Align your teaching with desired student outcomes See your practice from new perspectives Engage learners via multiple teaching formats Understand and manage classroom power dynamics Model critical thinking for your students Manage the complex rhythms of diverse classrooms This fully revised second edition features a wealth of new material, including new chapters on critical reflection in the context of social media, teaching race and racism, leadership in a critically reflective key, and team teaching as critical reflection. In addition, all chapters have been thoroughly updated and expanded to align with today's classrooms, whether online or face-to-face, in large lecture formats or small groups. In his own personal voice Stephen Brookfield draws from over 45 years of experience to illustrate the clear benefits of critical reflection. Assumptions guide practice and only when we base our actions on accurate assumptions will we achieve the results we want. Educators with the courage to challenge their own assumptions in an effort to improve learning are the invaluable role models our students need. Becoming a Critically Reflective Teacher provides the foundational information and practical tools that help teachers reach their true potential.

For years, attorneys relied on the original Thompson on Real Property for comprehensive, in-depth coverage of real property law. Now, LEXIS Law Publishing has modernized this classic work for today's real property practice. Under editor-in-chief David A. Thomas of Brigham Young University, 31 noted legal scholars contributed 93 chapters to a current, learned treatment of the myriad issues involved in real property law.

Can racism's devastating impact on individuals, communities, and societies be prevented? In Disrupting Racism, Dr. Peter Huang offers a uniquely holistic approach to anti-racism efforts that draws from his personal experiences as an Asian American, and from his extensive scholarly work in mathematical economics, law, and education. Writing with wit and intellectual richness, Dr. Huang describes how legal measures against racism can be complemented with mathematical economics, cognitive neuroscience, communication, psychology, and even humor. By sharing about his life as a child prodigy and later as a professor, he infuses his scholarly writing with a friendly, personal charm. The book makes an important contribution to the often-misunderstood problem of racism against Asian Americans, which has dramatically increased in recent years. In addition, Dr. Huang addresses the root causes of all forms of racism. The evidence-based research presented in this book will be helpful for everyone who is eager to help our culture disrupt the plague of racism.Praise for Disrupting Racism"Disrupting Racism should be read by everyone. It is a masterpiece. Based on his personal experience, his background as a child prodigy, and his deep knowledge of law and social science, Peter Huang has given an accurate-and wholly empathetic-description of racial discrimination in America (and elsewhere). Remarkably, his characterization of racism leads to sensible and practical prescriptions for how to mitigate this terrible problem-possibly, even to eradicate it." - George Akerlof, 2001 Nobel Laureate in Economics"This book throws new light on the damage that is being done by racial discrimination." - Edmund Phelps, 2006 Nobel Laureate in Economics and author of Dynamism"Peter Huang is an incredibly engaging writer. Impeccably researched and delightfully presented, this book is one that every American will want to read. It is a true page-turner that beautifully combines economics, law, psychology, and the study of American racism." - Natalie Martin, professor of law at the University of New Mexico School of Law

Hate speech has been a societal problem for many years and has seen a resurgence recently alongside political divisiveness and technologies that ease and accelerate the spread of messages. Methods to protect individuals and groups from hate speech have eluded lawmakers as the call for restrictions or bans on such speech are confronted by claims of First Amendment protection. Problematic speech, the argument goes, should be confronted by more speech rather than by restriction. Debate over the extent of First Amendment protection is based on two bodies of law--the practical, precedent determined by the Supreme Court, and the theoretical framework of First Amendment jurisprudence. In Hate Speech is Not Free: The Case Against Constitutional Protection, W. Wat Hopkins argues that the prevailing thought that hate is protected by both case law and theory is incorrect. Within the Supreme Court's established hierarchy of speech protection, hate speech falls to the lowest level, deserving no protection as it does not advance ideas containing social value. Ultimately, the Supreme Court's cases addressing protected and unprotected speech set forth a clear rationale for excommunicating hate speech from First Amendment protection.

The starting point of this book is the generally shared observation that in violence-torn areas of limited statehood, the civilian population is often subject to deliberate attacks. This violence often escalates to core crimes such as war crimes, crimes against humanity and even genocide. The International Criminal Court (ICC) could potentially deter such crimes. In order to do so, it largely depends on the cooperation of the states on the territory of which alleged core criminals operate. Since such states are often unwilling or unable to cooperate, the book explores whether the ICC could instead seek assistance from international forces such as UN peace support operations, UN-mandated missions, and belligerent occupants. The book covers, on the one hand, the law and practice of the UN Security Council with regard to mandating international forces to arrest and transfer alleged offenders to the ICC or to other international courts. On the other, it addresses to what extent international forces may or must hand alleged offenders over to the ICC, regardless of such mandates. More precisely, the book examines whether the duties to prosecute genocide, torture, enforced disappearance, grave breaches and other war crimes apply extraterritorially and - if so - whether international forces can discharge these duties by transferring suspects to the ICC. At the same time, the book addresses the limitations to such extraterritorial action: firstly, to what extent the prohibition of the use of force and the principle of territorial sovereignty restrict extraterritorial deprivations of liberty and transfer to the ICC. Secondly, it explores the restrictions and permissions that the law of occupation and other norms of international humanitarian law impose on such apprehensions and transfers. Finally, it discusses how international forces can uphold the right to liberty and security as well as the principle of non-refoulement when they extraterritorially apprehend ICC suspects. This also reflects the book's relevance with regard to the more general debate on the extraterritorial application of human rights.

This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries' legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems; (ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries' domestic legal systems, or whether states' responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book's originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).

This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.

The history of international dispute resolution is long and complex. Peaceful dispute resolution can forestall conflict, promote peace, and provide a framework for co-operation amongst nations. Nowhere is this potential more articulated than in the work of international judge, arbitrator, and professor, David D. Caron (1952-2018). In his work and his scholarship, he modelled how international dispute resolution can promote stability in world affairs.This collection of essays by distinguished scholars and practitioners commemorates and expands upon Caron's work by exploring the work of international dispute resolution institutions and conventions, including the Permanent Court of Arbitration, the five regional courts adjudicating inter-state disputes in Africa, and the Singapore Convention. Other essays consider sociological approaches to international dispute resolution, and whether international dispute resolution can or should be apolitical. The essays converse with the breadth of Caron's work, his key decisions, and his guidance to lawyers, students, judges, and arbitrators.By Peaceful Means is an insightful examination of how international dispute resolution seeks to avert disaster and mitigate discord, and how it might continue to do so in our uncertain future. The collection is an indispensable work for students, scholars, and practitioners of international law, offering a testament to the work and accomplishments of David Caron, written by friends and colleagues, in dedication to his remarkable legacy.

A new edition of a groundbreaking, feminist defense of pornography as free speech Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.

With this volume, Roe v. Dobbs: The Past, Present and Future of a Constitutional Right of Abortion, we confront the remarkable beginning and end--once again, after a half-century-of the landmark Supreme Court decision in Roe v. Wade, shockingly overruled by the Court in Dobbs v. Jackson Women's Health Organization. The goal of this book is to bring together some of our nation's leading constitutional scholars, historians, philosophers, and medical experts to share their views on whether there should be a constitutional right to abortion and what the consequences of Dobbs might be.What makes this subject unique is how it intersects with our own lives, since both Bollinger and Stone were law clerks at the Supreme Court in the year that Roe was decided (1973)--Stone for Justice William Brennan and Bollinger for Chief Justice Warren Burger. During the Court's 1972 Term, when Roe was decided, the Court was in a state of flux. President Nixon had just appointed four Justices to the Court--Burger, Blackmun, Powell, and Rehnquist. The era of the Warren Court was clearly over. In those days, the Justices were non-partisan, often joined opinions across the political/ideological spectrum, and approached cases with an open mind. That in large part explains why the Court could reach the decision it did in Roe, with five of the six Republican-appointed Justices and two of the three Democratic-appointed Justices in the majority, and one Republican-appointed justice (Rehnquist) and one Democratic-appointed justice (White) in dissent. It was a different Court and a different era.

In this interdisciplinary book in an interdisciplinary series, Dave Bridge crosses methodological boundaries to offer readers insights on the political "push­back" that historically follows Supreme Court rulings with which most Americans disagree. After developing a framework for identifying the Court's rare countermajor­itarian decisions, Bridge shows how those decisions that liberals backed in the 1950s through the 1970s consistently upset con­servative factions in the Democratic Party, which always managed to weather the storms--that is until Roe v. Wade in 1973. In Pushback, Bridge offers compelling hy­potheses about how the two major parties can use unpopular Supreme Court rulings to shift the political momentum and win elections. He then puts those hypotheses to the test, analyzing the political fallout of recent rulings on controversial issues such as Obamacare, same-sex marriage, and religious liberty.   Certain to appeal to anyone interested in American political science and history, Pushback closes with a detailed exami­nation of the unequivocally counterma­joritarian Supreme Court ruling of our lifetimes, Dobbs v. Jackson Women's Health Organization, which overturned Roe. For the first time in 50 years, conditions are ripe for a party to win votes by campaign­ing against the will of the Court. Upcom­ing elections will tell if the Republicans overplayed their hand, or if Democrats will play theirs as skillfully as did the GOP after Roe.

In the long span of American history, Donald Trump is the first former president to face criminal indictment. He is the subject of a series of explosive charges across four cases: the January 6 case brought by Special Counsel Jack Smith; the election interference case in Georgia; the classified documents case also brought by Special Counsel Jack Smith; and the "hush money" case in New York. The Trump Indictments includes: * An introduction offering historical background and international comparisons for criminal charges against a former political leader. * The four indictments with annotations throughout, including insider notes from an eminent scholar (Murray) and a former federal prosecutor (Weissmann). * A cast of characters, from Trump and his alleged co-conspirators to notable Proud Boys and Oath Keepers who face prison sentences as a result of related January 6 cases. * A timeline that brings together in one place the critical events that led to the four indictments. A necessary handbook for anyone following the trials in 2024, The Trump Indictments will endure as an indispensable record of a democracy at the crossroads.

The National Vaccine Law Conference (NVLC) is a discussion forum on all aspects of vaccines and the law, from clinical development through administration. The event's mission is to advance vaccine law as a field and strengthen laws that facilitate vaccine innovation, access, safety, and confidence. The First National Vaccine Law Conference: Papers and Proceedings captures and shares the thought leadership of conference organizers, speakers, and other vaccine law and policy experts. The topics covered in this book are central to current discussions of the First National Vaccine Law Conference. The Forward, written by Brian Dean Abramson, the conference's founder, and Montrece Ransom, the closing keynote speaker and co-editor, further frames the context of the meeting and this resulting book. It offers a tour of historical and current trends in vaccine law and regulation, intellectual property, equity, funding, access, vaccine passports, and more. The ten articles within the book cover a wide breadth of vaccine law issues, including vaccine hesitancy, religious exemptions, regulation, intellectual property, vaccine injury, self-administered vaccines, vaccine injury, self-administered vaccines, vaccine law and individual rights, and privacy and confidentiality laws.

A fundamental assumption of court administration since its creation as a profession has been the inevitability of growth. There will always be more cases. This will require ever larger courthouses, more judges, more staff, newer technology, and larger budgets. But what does recent history tell us about civil filings? What Is Happening to State Trial Court Civil Filings?: The Unsolved Riddles reviews the experience of five states over the last 16-41 years. The findings are confounding and perplexing. Civil filings are not inexorably rising. There was a surge around the Great Recession, but civil case filing levels in state trial courts are at or below levels 20 years ago. Per capita filings have dropped more steeply. Per capita civil case filing levels vary widely, both within states and across states, and cannot be predicted from population levels. Legislative changes affecting court jurisdiction and procedures, such as increasing the limit of the amount in controversy in small claims court, seldom have the expected effect. Case management programs have unintended consequences. Efforts to assist unrepresented litigants have not reversed the decline in small claims filings. State trial courts need to identify more relevant case type categories, track filings levels in greater detail, and pay attention to the impact of legal and procedural changes on filing levels. Finally, courts should realize that filings are a valuable performance measure of public trust and confidence in the judiciary.

The Arbitration Conversation: Insights and Wisdom from Experts in the Field distills over 115 interviews with arbitration experts into a vital resource. This book is an essential guide for arbitrators, counsel, students, and educators seeking to peek behind the privacy curtain of arbitration and navigating the changing landscape of dispute resolution in the digital age.

This book provides an analysis of corporate management, the legal liability of directors and officers, and an examination of how the corporate board has evolved and changed. Beginning with a discussion of economic fundamentals and specific legal issues, the authors address board-management relationships, importance of internal reporting, intellectual capital, board selection, and more.

This resource provides an understanding of software licensing and cloud computing agreements. It examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. Also discussed are software development kits (SDKs), application program interfaces (APIs), service level agreements (SLAs), and escrow agreements. The book focuses primarily on non-mass-market production licenses, as most "retail" or mass-market "off-the-shelf" software is governed by nonnegotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses. Written in practical, user-friendly language, this book is cross-referenced to a model agreement, written from the perspective of both the licensor and the licensee. Customizable and easy-to-use model forms with alternative clauses to fit many perspectives and agreements are included in an online website.

Law today is incomplete, inaccessible, unclear, underdeveloped, and often perplexing to those whom it affects. In The Legal Singularity, Abdi Aidid and Benjamin Alarie argue that the proliferation of artificial intelligence-enabled technology--and specifically the advent of legal prediction--is on the verge of radically reconfiguring the law, our institutions, and our society for the better. Revealing the ways in which our legal institutions underperform and are expensive to administer, the book highlights the negative social consequences associated with our legal status quo. Given the infirmities of the current state of the law and our legal institutions, the silver lining is that there is ample room for improvement. With concerted action, technology can help us to ameliorate the law and our legal institutions. Inspired in part by the concept of the "technological singularity," The Legal Singularity presents a future state in which technology facilitates the functional "completeness" of law, where the law is at once extraordinarily more complex in its specification than it is today, and yet operationally vastly more knowable, fairer, and clearer for its subjects. Aidid and Alarie describe the changes that will culminate in the legal singularity and explore the implications for the law and its institutions.

Bad Words: A Legal Writer's Guide to What Not to Say provides a guide to words and phrases that legal writers should use less often, rarely, or not at all. The book's principal advice is that the easiest way for law students and lawyers to improve their legal writing is to use few, if any, adjectives and adverbs. To help with that effort, Bad Words lays out--one-by-one--words, phrases, and rhetorical devices that legal writers should use less often or not at all, with an explanation of why for each (delivered with some snark, sarcasm, and good humor). Offering both a guide to read cover to cover and a desk reference for looking up words while editing and drafting, the book includes an Introduction and three sections: (1) a "Top 50 to Avoid," alphabetically listing adjectives and adverbs that legal writers use most frequently and that, as described in each accompanying explanation, will likely distract, confuse, annoy, or undermine the trust of the writer's audience; (2) a longer, dictionary-style collection of words, phrases, and rhetorical devices that legal writers should use less or not at all, each with an explanation of why; and (3) a "Bonus Material" section including several lists of adjectives and adverbs that did not merit their own entries but are categorized based on a shared reason to avoid them. And the book also includes an alphabetized table of where to find the more than 2,000 words and phrases that the book covers.