New Books: May 2024

Subjects and Aliens confronts the problematic history of belonging in Australia and New Zealand. In both countries, race has often been more important than the law in determining who is considered 'one of us'. Each chapter in the collection highlights the lived experiences of people who negotiated laws and policies relating to nationality and citizenship rights in twentieth-century Australasia, including Chinese Australians enlisting during the First World War, Dalmatian gum-diggers turned farmers in New Zealand, Indians in 1920s Australia arguing for their citizenship rights, and Australian women who lost their nationality after marrying non-British subjects. The book also considers how the legal belonging - and accompanying rights and protections - of First Nations people has been denied, despite the High Court of Australia's recent assertion (in the landmark Love & Thoms case of 2020) that Aboriginal people have never been considered 'aliens' or 'foreigners' since 1788. The experiences of world-famous artist Albert Namatjira, and of those made to apply for 'certificates of citizenship' under Western Australian law, suggest otherwise. Subjects and Aliens demonstrates how people who legally belonged were denied rights and protections as citizens through the actions of those who created, administered and interpreted the law across the twentieth century, and how the legal ramifications of those actions can still be felt today

Why did it take so long for American law schools to start teaching about climate change? Although most environmental law professors were aware of climate change by 1990, it took nearly fifteen years for them to incorporate the topic into their curriculum. In her innovative new work, Kimberly K. Smith explores how American environmental law professors have addressed climate change, identifying the barriers they faced, how they overcame them, and how they created "climate law" as a domain of legal specialization. Making Climate Lawyers explores the history of why American law schools were resistant to teaching about climate change and how that changed over the course of a forty-year period, resulting in law schools across the country incorporating climate change into their curricula, with many even establishing centers on the environment. Smith challenges dominant explanations of why the United States was slow to develop climate policy: it wasn't just political opposition or short-sightedness. Creating climate legal professionals required changing the fundamentals of legal education. Based on dozens of interviews with faculty and students, Making Climate Lawyers fills a gap in the literature on the intellectual history of climate change, most of which focuses on the history of climate science. Smith focuses instead on how the climate problem fits (or doesn't fit) into the structure of American law. She uses this story as a lens through which to understand both the transformation of legal education since the 1980s and the nature of climate change as a policy problem.

This book provides an in-depth discussion of the theoretical and practical issues of criminal imputation for negligence crime involving artificial intelligence. Accordingly, this study combines  the imputation challenges brought about by AI with traditional criminal imputation theory and analyses imputation for negligence crime involving AI from three aspects: the basic principles, structure, and results of imputation for negligence crime involving AI. The traditional theory of imputation is discussed in detail. The readership is a group of people interested in this topic, including, in particular, interested laymen, undergraduate students and postgraduate researchers. The highlights of this book are it identifies the imputation challenges bought about by AI, reveals the theoretical and practical gap in the criminal imputation of negligent crimes involving AI, and provides an in-depth and creative ideas of criminal imputation for the negligent crimes involving AI.

A provocative, brilliant analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution. "You will not read a more important legal work this election year." --Bob Woodward, Washington Post reporter and author of fifteen #1 New York Times bestselling books "A dissent for the ages." --The Washington Post "Breyer's candor about the state of the court is refreshing and much needed." --The Boston Globe The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer's philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall's exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the purposes of statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation's history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.

There's a glaring vacuum in the 2024 political debate--No party or candidate offers a governing vision that deals with the root causes of alienation and failure. Something basic is missing in our culture. Americans know it. Nothing much works as it should. Simple daily choices seem impossible, or fraught with peril. In the workplace, we walk on eggshells. Big projects--say, modernizing infrastructure--get stalled in years of review. Endemic social problems such as homelessness become, well, more endemic. Everyday Freedom pinpoints the source of powerlessness that is fraying American culture and causing public failure, and offers a bold vision of simpler governing frameworks to re-empower Americans in their daily choices. "Everyday Freedom shows us how to break out of the spiral of decreasing trust, confidence, and capability," social psychologist Jonathan Haidt concludes, "and re-invigorate our institutions, our governments, and ourselves." Everyday Freedom diagnoses our collective futility as resulting from a deliberate change in governing philosophy: The assault on authority after the 1960s, aimed at enhancing freedom, instead created a plague of powerlessness. The teacher in the classroom, the principal in a school, the nurse in the hospital, the official in Washington, the parent on a field trip, the head of a local charity or church...all have their hands tied. Things don't work, and Americans have lost the freedom to be themselves. That's the main reason America is in a downward spiral of alienation and extremism. Who has a vision to revive hope and action? Not political leaders, who are picking the scab of resentment. Social media gets rich selling distrust. Stop the Steal! Defund the Police! Everyday Freedom, in the tradition of Thomas Paine's Common Sense, offers a radical vision for change: Re-empower Americans in their everyday choices. The massive legal structures erected since the 1960s were based on flawed notions that human judgment could be replaced by elaborate dictates. Area by area, these failed structures must be replaced with simpler frameworks activated by human responsibility and accountability. Nothing will work sensibly until Americans are free to draw on their skills, intuitions and values when confronting daily challenges. This is the only cure to alienation. This is also the only way to deliver good government. Philip Howard's understanding of the essential role of human agency has been embraced by some of America's leading economists, jurists, social psychologists and philosophers.

As its title suggests, this guide offers a broad summary of the law of intellectual property (i.e. patents, copyrights trademarks, trade secrets and a variety of other sui generis forms of protection for innovations and creativity) and the law of unfair competition (i.e. trademark infringement, passing off, trade disparagement, and deceptive advertising). It also touches on related fields of law (i.e. antitrust, consumer protection, regulated industries, and the law governing interference with contractual and noncontractual relations).

This 11th edition of Constitutional Law in a Nutshell summarizes constitutional law from Marbury v. Madison (1803), to the present. The goal has been to discuss the Supreme Court's cases in enough detail to be helpful but not to be verbose in doing so. This edition includes over thirty new cases. Among the decisions featured in this edition are two highly controversial departures from the Court's precedents. One such case is Dobbs v. Jackson Women's Health Organization, 142 S. Ct. 2228 (2022), discussed in Chapter 5, where the Supreme Court reversed Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U. S. 833 (1992). The Court held in Dobbs that no right to abortion is implicit in any provision of the Constitution including the Due Process Clause of the Fourteenth Amendment. Justice Breyer, joined by Justices Sotomayor and Kagan, dissented and protested that Roe and Casey had "protected the liberty and equality of women" for half a century.CHAR(13) + CHAR(10)CHAR(13) + CHAR(10)Another controversial decision where the Court departed from precedent was Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. (SFFA) v. University of North Carolina, 143 S. Ct. 2141 (2023), discussed in Chapter 6. The SFFA cases sought to terminate affirmative action in higher education. Chief Justice Roberts held for the Court that the admissions systems used by the two institutions violated the Equal Protection Clause of the Fourteenth Amendment. The multiple interests advanced by the universities to justify their race-based programs were not sufficiently measurable to be susceptible to judicial review. Justice Sotomayor, joined by Justices Kagan and Jackson, dissented and objected that the majority decision entrenched "racial inequality in education."CHAR(13) + CHAR(10)CHAR(13) + CHAR(10)In this edition as in past editions, where there is a particularly sharp division among the Justices, the position of the dissenters is briefly described. In this edition as in previous ones, discussion of the cases is concise yet sufficiently ample to be meaningful.

Ensuring accessibility is more important than ever; however, answering questions of what needs to be done and why to make a library accessible can be an uncomfortable and daunting hurdle to true inclusion. This book is a safe, nonjudgmental tool for overcoming this awkwardness, offering readers practical, to-the-point information and guidance that complies with the Americans with Disabilities Act (ADA). Its contributors showcase real-world stories and viewpoints that illustrate ways to provide excellent customer service and a safe environment to all patrons regardless of ability. Readers will learn about bridging the gap between people with disabilities and those without, through empathy, patience, and understanding; techniques for training staff and overcoming discomfort; making your library accessible for people with mobility issues; how to interact with and assist a person with limited sight or hearing; guidance for interacting with a service animal handler; advice on library programming for people with learning differences; and best practices for effective service to patrons who use a speech assistance device.

An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world. Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text's design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life. In a pathbreaking retelling of the American experience, Aziz Rana shows that today's reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists--in Black, Indigenous, feminist, labor, and immigrant politics--who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

This book aims to provide advanced undergraduate and graduate students with a comprehensive review and analysis of the legal, ethical and regulatory environments, both national and international, that relate to businesses and the Internet. Topics covered in the book include American constitutional law, as well European, primarily French, law on the subjects of contracts, courts, criminal law, freedom of expression, intellectual property, privacy and torts. The coverage of French law as a comparison to American law is because of its influence throughout the world. Although the Napoleonic Code was not the first code to be introduced, it has, according to reputed sources, been far more influential in the development of codes throughout the world, than any other. The laws and regulations addressed apply to all employees working at all levels of a business, and it covers contracts, sales, government relations, regulatory/legal compliance, and engineering, among others.

Librarianship is still a predominantly white profession. It is essential that current practitioners as well as those about to enter the field take an unflinching look at the profession's legacy of racial discrimination, including the ways in which race might impact service to users such as students in school, public, and academic libraries. Given the prevalence of implicit and explicit bias against Black and African American people, authors Folk and Overbey argue that we must speak to these students directly to hear their stories and thereby understand their experiences. This Special Report shares the findings of a qualitative research study that explored the library experiences of Black and African American undergraduate students both before and during college, grounding it within an equity framework. From this Report readers will learn details about the study, which focused on the potential role of race in the students' interactions with library staff, including white staff and staff of color; gain insight into Black and African American users' perceptions of libraries and library staff, attitudes towards reading, frequency of library usage, and the importance of family; understand the implications of the study's findings for our practice and for librarianship more broadly, including our ongoing commitment to diversifying the profession; and walk away with recommendations that can be applied to every library and educational context, such as guidance for developing an antiracist organization and more equitable service provision.

When you stand alone in front of the class, being in command of your content is only the first step. Knowing how to engage students' participation in ways that foster "ownership" ensures that learning is both active and lasting. In this guide, Oehrli shares tried and tested techniques honed from 20 years of practice in both traditional and nontraditional settings. Drawing from educational research, she applies these techniques to the learner-centered teaching of information literacy topics. In this book, which is organized for quick access to techniques at your point of need, you will learn how to use guiding principles to shape your personal philosophy of teaching; ways to address the uneven power dynamics of a classroom; 5 basic questions to guide your preparation for a class; pointers for communicating with students in the language of the ACRL Framework; simple and subtle ways to build rapport with students; real-world applications of education research concepts such as Keller's ARCS theory of motivation; metacognitive techniques that foster student ownership of learning; other tips for asking good discussion questions and how to use the think/pair/share method to encourage discussion; techniques for defusing distraction in the classroom through proximity, pivoting, and pausing; and interactive methods to uncover students' prior knowledge in research.

From makerspaces to book clubs, from media facilities to group study spaces, from special events to book displays, libraries support learning in numerous ways. In this accessible handbook, Medaille unchains the field of learning theory from its verbose and dense underpinnings to show how libraries can use its concepts and principles to better serve the needs of their users. Readers will discover concrete ways to improve library instruction, spaces, services, resources, and technologies; succinct overviews of major learning theories drawn from the fields of psychology, education, philosophy, and anthropology, among others; summaries of the most relevant aspects of each theory and instructional methods, showing how the various theories interact and support each other; chapters organized into 14 learning topics, including motivation, self-regulation, collaboration, and inquiry; discussion of a range of instruction situations from information literacy instruction to the teaching of maker or media skills; and teaching librarian's tips, reflection questions, and suggestions for further reading at the end of each chapter.

Libraries and Sanctuary is a practical guide to how libraries and their staff can support 'new arrivals' - people who have crossed borders to reach a country. The book looks at the different drivers behind an individual's move, their need for signposting, and at the sorts of barriers that are faced by new arrivals and people seeking sanctuary. Readers will discover the background reasons for migration, the global political context of migration, and the likely impacts of both of these. They will also gain an understanding of just how much work libraries have done so far; learn from practical initiatives, 'what works' examples and longer case studies; identify gaps in library provision; and find inspiration to start similar initiatives in their own institution. Drawing on the author's decades of work in libraries and social exclusion, this is a book for anyone seeking to create an inclusive and welcoming library community.

The world of scholarly research is uncharted territory for undergrads, but with the right approach you can quickly get them up to speed. With 33 time-saving lesson plans, Carter's invaluable resource will assist you in moving your instruction beyond basic skills to include how to use a library database and the reasons scholars use them to explaining why peer review is important. Inside, you'll find modular lessons designed for 50-minute timeslots that include individual and group activities with 25 worksheets, quick in-session assessment, conversation starters, and learning outcomes;  a variety of mix-and-match tools and activities that can be easily adapted for one-shots; concepts that are grounded in the ACRL Framework; topics that include the infrastructure that supports the scholarly research process; warm-ups using the lingo of favorite hobbies to launch a discussion of scholarship terminology; an exercise that brainstorms the factors leading to authority, then asks students to apply them to a well-known campus professor; an activity using visualization to examine the characteristics of a scholar to check biases and explore diversity; factors to consider when choosing a scholarly journal for publishing research; QUAN and QUAL worksheets to teach the two type of research; and discussion on the categories, disciplines, and crossovers within liberal arts.

We are only now coming to terms with how common trauma really is; a landmark Kaiser study that surveyed patients receiving physicals found that almost two-thirds had experienced at least one form of abuse, neglect, or other trauma as a child. Though originating in the fields of health and social services, trauma-informed care is a framework that holds great promise for application to library work. Empathetic service, positive patron encounters, and a more trusting workplace are only a few of the benefits that this approach offers. In this important book Tolley, experienced in both academic and public libraries, brings these ideas into the library context. Library administrators, directors, and reference and user services staff will all benefit from learning  the six key principles of trauma-informed care; characteristics of a trusting and transparent library organization, plus discussion questions to promote a sense of psychological safety among library workers; how certain language and labels can undermine mutuality, with suggested phrases that will help library staff demonstrate neutrality to patron ideas and views during information requests; delivery models that empower patrons;  advice on balancing free speech on campus with students' need for safety; how appropriate furniture arrangement can help people suffering from PTSD feel safe; guidance on creating safe zones for LGBTQIA+ children, teens, and adults; and self-assessment tools to support change toward trauma-responsive library services.

Cultural Objects and Reparative Justice provides a comprehensive legal and historical analysis surrounding a highly debated current question: Where should cultural objects that were removed without consent be located? This book follows an innovative, interdisciplinary approach based in law, history, art history, anthropology, and archaeology and proposes a paradigm for reparations. Tracing the historical foundations of the current legal framework, the work closely examines three factors that heavily informed the cultural heritage debate since the late eighteenth century: the rise of the encyclopaedic museum, the development of archaeology as a science, and the appropriation of objects in the context of armed conflict and colonialism. Each of these explorations is enriched by examples from around the globe and assessed on the international, national, and local level. Subjecting contested objects -such as the Parthenon Sculptures, those from the Yuanmingyuan Palace, the Benin artifacts, looted archaeological artefacts and human remains, and artwork stolen during the Holocaust - to this holistic approach enables a contextualisation of the unique history of appropriation of these objects. Cultural Objects and Reparative Justice outlines how current cultural heritage laws and ethical guidelines with respect to cultural heritage derive from a background of imperialism and colonialism. The book advocates for a new structure based on reparation, restitution, repatriation, compensation, and market regulation to cease perpetuating past harms and to disincentivize new ones.

This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples' traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples' traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia's access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.

Can universal human rights and different national citizenship regimes ever be compatible? This book argues that they can't, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations - and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.

This book offers an international breadth of historical and theoretical insights into recent efforts to 'decolonise' legal education across the world. With a specific focus on post/decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonization and anti-racism in criminology, colonialism and the British Empire, and court process and indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theorical and practical examples of antiracist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as at undergraduate and post-graduate law level teaching and research.

This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like "personhood" that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.

Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details.

This anthology combines an intercultural approach with intergenerational ethics to address critical environmental challenges. Written by scholars from all over the world, including Canada, the US, New Zealand, Nigeria, Ethiopia, Japan, the UK, China, and Spain, this book offers new perspectives on how to foster sustainable societal practises that draw on the past and are fair to future generations. It introduces the Māori idea that views all things and human generations in layered relations; Indigenous accounts of spiralling time and reciprocities among ancestors and descendants; the philosophical dimensions of Chinese conceptions of ancestor spirits and future ghosts; and African accounts of anamnestic solidarity among generations. These ideas influence proposals for how to confront ending worlds and address the environmental future of humanity, making this book a valuable resource for scholars and students of environmental law and policy, environmental humanities, political science, and intercultural and comparative philosophy, as well as policymakers.

This book analyses new forms of human trafficking taking into account the transposition of the Directive 2011/36/UE which sets out minimum standards to be applied throughout the European Union in preventing and combating trafficking in human beings and protecting its victims. Sexual exploitation of trafficked persons is at its highest rate. After COVID-19, new forms of sexual exploitation have been identified, specifically in the Global South. The book analyses new forms of exploitation used by traffickers to coerce victims. Combining the perspectives of academic researchers with those of highly skilled professionals from governmental institutions, this book is a unique contribution, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem.

Alex Green argues that states arise under contemporary international law only when two abstract conditions are fulfilled. First, emerging states must constitute 'genuine political communities': collectives within which particular kinds of ethically valuable behaviour are possible. Second, such communities must emerge in a manner consistent with the ethical importance of individual political action. This uniquely 'Grotian' theory of state creation provides a clear legal framework comprising four factual 'antecedents' and five procedural principles, rendering the law of statehood both coherent and normatively attractive.

Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force, including those that use emerging technology or take place in newer military domains such as outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition of the use of force and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for legal scholars, practitioners and students. This title is also available as Open Access on Cambridge Core.

To celebrate professor and center director at iCourts - Centre of Excellence for International Courts - Mikael Rask Madsen on the occasion of ten years as research leader and 50 years birthday, a group of his international esteemed Colleges has contributed to The Making of iCourts. The contributions consist of both a research article and "My iCourts experience" - a personal story about each single researchers meeting with iCourts as an international research hub in Copenhagen. The articles in the book represents different aspects of legal studies in International Courts and International Law and reflects the interdisciplinary and empirical research agenda of the center.

The concept of territory is central in international law, but a detailed analysis of how the concept is used in both discourse and practice has been lacking until now. Rather than reproducing the established understanding of territoriality within the international legal order, this study suggests that the discipline of international law relies on an outmoded spatial paradigm. Gail Lythgoe argues for a complete update and overhaul of our understanding of territory and space, to engage more effectively with key processes, structures and actors relevant to contemporary global governance. In this new theoretical account of an essential aspect of public international law, she argues that territory is a dynamic social reality created by the exercise of power. Territories are constituted by the practices of a more diverse array of actors than is acknowledged. As a result, functions are re-assembling in territories constituted by state and non-state actors alike.

Digital mediation is here to stay, but how do mediators, advisers and clients achieve the same results from digital mediations as they do from face to face mediations? Do new skills and mindsets need to be learnt? Can you build rapport online? Can you read emotions? How do you market online? How do you decide whether it's the right choice for your dispute? How does digital mediation fit into the world of the Digital Justice System and mandatory mediation? Answering these questions and many more, this is the only book to focus on mediation as opposed to other means of Online Dispute Resolution such as arbitration. This title: - Includes checklists and templates written by a mediator who has conducted over 280 digital mediations - Covers topics including smart systems, 'smart settle', the use of artificial intelligence, ChatGPT and mixed media mediations - Teaches mediators, advisers and clients the different skills and mindsets essential to success in the world of digital mediation - Shows how to market mediation online with practical guidance on websites, videos, blogs and podcasts - This book is essential reading for all mediators wishing to adapt to the new norm of digital mediation. This title is included in Bloomsbury Professional's Mediation online service.

This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of 'vernacularization', which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.

Bibliotherapy can be defined as the use of guided reading for therapeutic ends. And though you might not be a licensed mental health professional, you can--and do, even without knowing it--support mental health and personal growth by connecting patrons to books that heal. Regardless of your previous experience or existing skills, this guide will empower you to make "shelf help" a part of your library's relationship with its community. Drawing on Reading for Recovery, the authors' own Carnegie-Whitney grant-funded project, this guide  begins with an overview of bibliotherapy, including its concepts and history, and sketches out how its various approaches can be adapted for library settings; explores the potential of bibliotherapy as an add-on to existing skills, services, practices, and collections; demonstrates how bibliotherapy-inspired initiatives can address the needs of diverse communities, thus advancing libraries' commitment to EDISJ; offers techniques for selecting reading material for your audience with bibliotherapy in mind; provides a range of possible programs, from group discussions and public events to book displays and reading lists, along with a step-by-step approach to planning and implementing them; shares outreach tips, tools, and branding ideas to make the most of your resources and effectively reach your audience; demonstrates how to use assessment tools to test and tweak your program at every stage to achieve the results you want; and inspires you to take your offerings into new directions, such as creative writing and visual art programs, that fit your library and community.

Animal Lives Matter provides a comprehensive analysis of the legal, philosophical, and ethical aspects of animal rights. It argues that the subject extends beyond the matter of our obligations towards animals, to include our wider responsibilities for protecting the environment. Drawing on numerous moral, political, legal, religious, and philosophical theories including utilitarianism, deontology, rights theory, social contractarianism, and the capabilities approach, the author meticulously examines the questions of sentience, speciesism, personhood, and human exceptionalism. Lucid, nuanced, and academically rigorous, this important book will be an essential resource for scholars of law, politics, philosophy, ethics, as well as policy makers and the general reader.

Antitrust or competition law is widely considered an essential part of the legal and political structures of most liberal democracies and an integral foundation of a market economy. In this book, Mark D. White disputes this understanding, drawing on concepts from economics, philosophy, and law to argue that the pre-eminent status accorded to the regulation of competition should be reconsidered by any government that claims to support basic property rights. Despite its populist origins, antitrust is usually understood today in terms of economic theory, which provides a solid foundation for the analysis of market competition. As this logic goes, governments restrict firms from engaging in behaviour regarded as uncompetitive, with the purpose of protecting consumers, other firms, or the very process of competition itself. However, this neglects the fundamental property rights on which the market economy is based, an unfortunate implication of the utilitarian ethics at the heart of economics. Firms are held responsible for promoting societal welfare and penalized for failing to do so, even when their actions violate no recognized rights of consumers or competitors. This view of commerce sees firms as agents of the state rather than opportunities for individuals to pursue their interests in exchange with others. As White explains, competition or antitrust law serves as an example of how economics privileges welfare and efficiency over rights and justice, promoting the maximization of outcomes while ignoring the rights of those who generate them. Accessible and non-technical, this book assumes no previous knowledge of economics, philosophy, or law, and provides a fresh and thought-provoking perspective on antitrust and competition law that will challenge readers from all backgrounds and political stances to question the degree to which its wisdom is taken for granted.

The eighth edition of Understanding Copyright is a major revision of this classic student treatise. This edition reflects the substantial developing case law and legislative developments that have taken place since 2019, including an analysis of the eagerly awaited fair use decisions of Google LLC v. Oracle America, Inc. and Andy Warhol Foundation v. Goldsmith, which marked the first time in several decades that the Court has ruled on this "thorniest" issue of copyright law. Other case law developments are also included, such as the challenges brought about by generative artificial intelligence and other digital technologies. As always, Congress continues to change the face of copyright law, and this edition includes an overview of the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act), which establishes a small claims court-type system within the United States Copyright Office.

Law and the Living Colorado River asserts that the so-called Law of the River-the vast assemblage of interstate compacts, international treaties, federal and state statutes, regulations, contracts, and other legal documents governing use and management of the Colorado River-ignores the needs of the river as a nested system of aquatic and aquatic-dependent ecosystems. Although society now recognizes and appreciates the natural values of the Colorado River, the Law of the River remains fixed in service of human economies like irrigation and hydropower. Robert W. Adler contends that the law must respond to changing values that prioritize natural systems alongside human ones. He proposes acknowledging the legal rights of the river itself, following the recent movement to recognize rights of nature in other ecosystems around the world. Recognizing that U.S. law has significant barriers to that proposal, however, Adler borrows from aspects of international water law to propose as a shorter-term strategy amendments to the Colorado River Compact that would enhance protection of the river's environmental needs and values. Adler delivered this lecture on March 17, 2022, at the 27th annual symposium of the Wallace Stegner Center for Land, Resources and the Environment, jointly sponsored by the Wallace Stegner Center and the Water & Tribes Initiative | Colorado River Basin.

Can a neighborhood Napoleon simply take over, and become the owner of, another neighbor's property? Any attorney even considering approaching an adverse possession case, regardless of which side, must start here. This is the first known book which focuses on just this issue - and from the litigator's point of view. It is a one-stop shop for practitioners, with not only full descriptions of the ins and outs of the elements and potential defenses, and sample pleadings, but also various practical tips, tricks, clues, and ideas for successfully litigating these unusual cases.

The Rule-Out method of criminal defense, easily learned, gets most jurors to want to decide verdicts based solely on reasonable doubts -- which, perhaps unexpectedly, few jurors normally do on their own no matter how you explain it. Instead, most convictions result from burden shifting, the usual demand by jurors that the defense attorney prove innocence. Rule Out prevents this, teaches how to find plentiful reasonable doubts, and shows how to avoid the common practices that cause most convictions.

"Blockchain technology and the new legal challenges associated with the innovation"--

"A handbook for representing multinational companies in sensitive payment investigations"--

The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in "Race, Rights and Rebels", the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for "a new start", "a new way of thinking", and for the creation of a "new man", it is pertinent to trigger a human rights project from the below.

Includes bibliographical references and index.

A riveting retelling of diplomatic history with praise from Bill Clinton, Hillary Clinton, Bertie Ahern (Ireland), Tony Blair (UK), Ehud Olmert (Israel), and more. "A magisterial tome on the international negotiations that shaped modern American history.... Grand in scope and grounded in decades of experience, The Art of Diplomacy is a compelling work of political history aimed at the diplomatic negotiators of tomorrow." -Foreword Reviews Commended by Kirkus Reviews, which says Eizenstat writes with "authority and clarity of experience." Inside the greatest diplomatic negotiations of the past 50 years In one readable volume, diplomat and negotiator Stuart E. Eizenstat covers every major contemporary international agreement, from the treaty to end the Vietnam War to the Kyoto Protocols and the Iranian Nuclear Accord. Written from the perspective that only a participant in top level negotiations can bring, Eizenstat recounts the events that led up to the negotiation, the drama that took place around the table, and draws lessons from successful and unsuccessful strategies and tactics. Based on interviews with over 60 key figures in American diplomacy, including former presidents and secretaries of state, and major political figures abroad, Eizenstat provides an intimate view of diplomacy as today's history. The Art of Diplomacy will be an indispensable volume to understand American foreign policy and provide invaluable insights on the art of negotiation for anyone involved in government or business negotiations.

At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted--a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.

This much anticipated second edition engages with the Genocide Convention's provisions on an article-by-article basis and illustrates how they contribute to the global fight against genocide. This book provides an in-depth analysis of the Convention's nineteen provisions. It gives authoritative guidance on the definition of genocide, the duties of states to prevent and punish it, and on the Convention's implementation regime. It takes into account new developments, including: · the rise of genocide-related proceedings before the International Court of Justice, including in high-profile cases between The Gambia and Myanmar and Ukraine and Russia; · new decisions, by national and international courts, specifying the scope of the prohibition against genocide; · recent case-law of the European Court of Human Rights bearing on genocide. Building on the success of the first edition, the book will be of interest to academics, students and practitioners working in international law, criminal law, genocide studies and human rights.

Ghost Citizens is about in situ stateless people, persons who live in a country they consider their own but which does not recognize them as citizens. Liew develops the concept of the "ghost citizen" to understand a global experience and a double oppression: of being invisible and feared in law. The term also refers to two troubling state practices: ghosting their own citizens and conferring ghost citizenship (casting persons as foreigners without legal proof). Told through an examination of law, legal processes and interviews with stateless persons and their advocates, this deeply researched book examines international and domestic jurisprudence as well as administrative decision making to show an emerging practice where states are pointing to a mother figure, constructed in law as racialized, foreign and potentially disloyal, to depict persons as not kin and therefore the responsibility of other states. By tracing British colonial legal vestiges in the case study of Malaysia, Liew shows how contemporary post-colonial, democratic and multi-juridical states deploy law and its processes and historical ideas of racial categories to create and maintain statelessness. This book challenges established norms of state recognition and calls for a discussion of ideas borrowed from other areas of law, including Indigenous legal traditions and family law, on how we should organize our communities with more respectful relations and treatment among kin.

Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet'suwet'en and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wet'suwet'en law, as well as the politics of pipeline development.

Demystifying Treaty Interpretation doesn't just tell you how treaties are commonly interpreted. It helps you understand also the process of treaty interpretation and its outcomes. The idea that rules of treaty interpretation can guide us to the meaning of treaty provisions, in a simple and straightforward manner, is a myth to be dispelled. This book aims to capture some of the complex and nuanced processes involved in treaty interpretation. It spurs further reflection about how interpretation takes place against the background of concepts, categories, and insights from other disciplines. A useful tool for scholars, practitioners and researchers engaging with treaty interpretation at all levels, the book aims to enhance the reader's knowledge and mastery of the interpretive process in all its elements, with a view to making them more skilled and effective players in the game of interpretation.

AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.

During the Sixties the nation turned its eyes to San Francisco as the city's police force clashed with movements for free speech, civil rights, and sexual liberation. These conflicts on the street forced Americans to reconsider the role of the police officer in a democracy. In The Streets of San Francisco Christopher Lowen Agee explores the surprising and influential ways in which San Francisco liberals answered that question, ultimately turning to the police as partners, and reshaping understandings of crime, policing, and democracy. The Streets of San Francisco uncovers the seldom reported, street-level interactions between police officers and San Francisco residents and finds that police discretion was the defining feature of mid-century law enforcement. Postwar police officers enjoyed great autonomy when dealing with North Beach beats, African American gang leaders, gay and lesbian bar owners, Haight-Ashbury hippies, artists who created sexually explicit works, Chinese American entrepreneurs, and a wide range of other San Franciscans. Unexpectedly, this police independence grew into a source of both concern and inspiration for the thousands of young professionals streaming into the city's growing financial district. These young professionals ultimately used the issue of police discretion to forge a new cosmopolitan liberal coalition that incorporated both marginalized San Franciscans and rank-and-file police officers. The success of this model in San Francisco resulted in the rise of cosmopolitan liberal coalitions throughout the country, and today, liberal cities across America ground themselves in similar understandings of democracy, emphasizing both broad diversity and strong policing.

This book conducts the first ever comprehensive study of the ICRC's interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC's authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL - and international law in general-develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.

This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharīʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharīʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".

* Introduces students to the myths and realities of the legal profession in order to dispel the misconceptions about what it is like to go to law school and engage in legal practice. * Provides a simple yet comprehensive overview of the timing and logistics of preparing law school applications, helping students, parents, and advisors with practical advice. * Offers guidance for evaluating law school rankings in order to select the most appropriate law school when making decisions about where to apply. * Explores the journey from law school to legal practice, illuminating what students can expect upon matriculating into law school and what kind of employment they can secure after they graduate. * Helps students and parents understand the cost of law school, the nature of student loan debt, and how employment opportunities match up to these externalities. * Presents multiple career opportunities in pursuing a "functional" law degree, including non-legal alternative employment in government, business management, marketing, financial institutions, non-profit organizations in the United States and abroad. New to the Second Edition Expanded coverage to include paralegal and legal assistant training. New material on women and minority law students who are transforming law schools and the profession. Explores challenges to the legal profession posed by economic recession, Covid-19, high tuition rates, exploding student loan debt, internet technological advances, and global competitive pressures including legal outsourcing and DIY legal services. Updated data and tables along with all underlying research

"Amul Thapar sets the record straight with this can't-put-down series of stories that reveal the courage, decency, and humanity of the man behind what many are calling the Thomas Court." --Megyn Kelly, journalist "Amul Thapar has done what even gifted law professors and professional 'Court watchers' often fail to do: Thapar has focused on the men and women whose lives are before the nine and on how one justice, Clarence Thomas, has carefully, consistently, and compassionately applied his understanding of the Constitution to those lives." -- Hugh Hewitt, host of The Hugh Hewitt Show and professor of law For thirty years, Clarence Thomas has been denounced as the "cruelest justice," a betrayer of his race, an ideologue, and the enemy of the little guy. In this compelling study of the man and the jurist, Amul Thapar demolishes that caricature. Every day, Americans go to court. Invoking the Constitution, they fight for their homes, for a better education for their children, and to save their cities from violence. Recounting the stories of a handful of these ordinary Americans whose struggles for justice reached the Supreme Court, Thapar shines new light on the heart and mind of Clarence Thomas. A woman in debilitating pain whose only effective medication has been taken away by the government, the motherless children of a slain police officer, victims of sexual assault-- read their eye-opening stories, stripped of legalese, and decide for yourself whether Thomas's originalist jurisprudence delivers equal justice under law. "Finding the right answer," Justice Thomas has observed, "is often the least difficult problem." What is needed is "the courage to assert that answer and stand firm in the face of the constant winds of protest and criticism." That courage--along with wisdom and compassion--shines out from every page of The People's Justice. At the heart of this book is the question: Would you want to live in Justice Thomas's America? After reading these stories, even his critics might be surprised by their answer.

This Element analyzes the foundational frame of legal reasoning when courts interpret the 'plain language' and 'ordinary meaning' of terms such as 'sex', 'man' and 'woman'. There is a rich and complicated line of cases on how to define these terms and how to legally categorize transgender people. When dealing with different legal issues, judges need to give a clear 'yes' or 'no', determinate answer to a legal question. Marginal categorizations could be problematic even for experts. It analyses nine decisions that relate to transgender people's workplace protection under Title VII in United States and the right to marry in United Kingdom and Hong Kong. It brings in a historical discussion of the development of interpretative practices of law and legal categorization of transgender individuals across past decades, drawing on the intricate relationship between time and statutory interpretation.

We must establish our world order on the principles of human dignity if we want a credible future for humanity. This book shows how and why this is so. It investigates the meaning of human dignity in relation to current scholarly work as well as in terms of the depths of our subjective lives from which the concept of dignity arises. It contrasts the concept of dignity with our current world system engulfed in endless wars, immense inequality, systems of economic injustice, and on-going environmental destruction. It shows the relationship between dignity, human rights, and global moral principles and lays out ten fundamental principles for a planetary ethics. The book contrasts the holistic paradigm uncovered by 20th century science with the fragmented paradigm that persists at the heart of the present world system, showing how and why a conversion to holism and dignity is both necessary and possible. Human Dignity and World Order shows that we have not yet fully understood our human existential situation as temporal beings oriented toward the future who possess the largely untapped power of a liberating "utopian imagination." Through examining our fundamental human condition, it unveils our vast potential for self-transcendence and transformation leading toward a redeemed and credible human future in which we flourish on the Earth within a planetary civilization of freedom, justice, peace, and sustainable prosperity. This book also presents the Constitution for the Federation of Earth as a paradigm or model for practical action toward a credible human future. Altogether, the book constitutes a watershed in human self-understanding, opening possibilities for the future hitherto ignored or misunderstood. Every thoughtful person concerned for our common human future needs to read this book.