New Books: September 2024

"Banks provide many different products and services, so there are myriad of ways that litigation can result. This book addresses ten of the most common areas in which banks, lenders, and other financial institutions face litigation, with one chapter dedicated to each area. Our goal with each chapter is to provide an overview of the relevant area of the law as well as practical advice on the issues that usually arise. Each chapter also includes a discussion of the strategies that practitioners usually employ when faced with a case in that area. Because each chapter essentially stands alone as a primer on litigation in a particular area, a practitioner can consult each chapter independently as issues arise. Alternatively, a "front to back" reading of this book will orient a practitioner to the issues that are most likely to arise in this area over time and will give guidance on issues to look for when counseling clients"--

From its early days in New England townships to its rise to dominance in the 20th century, plea bargaining has always presented both benefits and challenges. But how does a system obtain the benefits of these bargains without jeopardizing the fundamental rights at the center of the criminal justice system? The Cost of Plea Bargains contains the complete task force report, including the 14 Principles that have now been adopted as the official policy of the ABA. These 14 Principles, which cover a host of topics such as the use of impermissibly coercive incentives, the use of pretrial detention in plea bargaining, the provision of adequate discovery before a defendant pleads guilty, and the collection of plea bargaining data by the courts, offer a vision for a fairer, more transparent, and more just plea bargain system. In addition, readers are offered deeper insights into many of the concepts, concerns, and proposals raised in the task force's findings through chapters authored by task force members representing various corners of the criminal justice system. The Cost of Plea Bargains is an insightful read for anyone with an interest in our legal system. From the casual reader interested in learning more about plea bargaining to practitioners, courts, and policy makers interested in furthering their understanding of the challenges to reform. The Cost of Plea Bargains offers a wealth of knowledge, insight, and inspiration.

If you are considering a career in business law, seeking a new practice area, or contemplating a shift in your legal career, this new guide provides practical advice, valuable insights, and actionable strategies that you can employ to prepare for a successful and fulfilling career in business law. The guide includes personal narratives and profiles of individuals from varied practice areas who have made significant strides in business law, often against the backdrop of historical underrepresentation and adversity. Their stories offer valuable lessons for lawyers at any career stage.

This book provides aspiring and seasoned lawyers seeking independence and flexibility a comprehensive guide to launching and sustaining a successful freelance law practice. Authored by a seasoned legal freelancer, this book delves into the nuts and bolts of navigating the landscape of self-employment in the legal field. From providing an understanding of the legal freelancing landscape and outlining the initial steps of setting up a freelance practice to mastering the intricacies of client acquisition and financial management, this book serves as a roadmap for those embarking on the journey of legal entrepreneurship. Packed with practical advice, real-life case studies, and actionable tips, this book is an indispensable resource for anybody aspiring to achieve financial success and professional fulfillment as a legal freelancer.

A groundbreaking history of how the decades-long war on terror changed virtually every aspect of American life, from the erosion of citizenship down to the cars we bought and TV we watched--by an acclaimed n+1 writer "Richard Beck, like many people alive today, has spent his adult life living in the shadow of 9/11, and Homeland is a devastating inquiry into the new world that day created."--Greg Grandin, Pulitzer Prize-winning author of The End of the Myth: From the Frontier to the Border Wall in the Mind of America For twenty years after September 11, the war on terror was simultaneously everywhere and nowhere. With all of the military violence occurring overseas even as the threat of sudden mass death permeated life at home, Americans found themselves living in two worlds at the same time. In one of them, soldiers fought overseas so that nothing at home would have to change at all. In the other, life in the United States took on all kinds of unfamiliar shapes, changing people's sense of themselves, their neighbors, and the strangers they sat next to on airplanes. In Homeland, Richard Beck delivers a gripping exploration of how much the war changed life in the United States and explains why there is no going back.  Though much has been made of the damage that Donald Trump did to the American political system, Beck argues that it was the war on terror that made Trump's presidency possible, fueling and exacerbating a series of crises that all came to a head with his rise to power. Homeland brilliantly isolates and explores four key issues: the militarism that swept through American politics and culture; the racism and xenophobia that boiled over in much of the country; an economic crisis that, Beck convincingly argues, connects the endurance of the war on terror to at least the end of the Second World War; and a lack of accountability that produced our "impunity culture"--the government-wide inability or refusal to face consequences that has transformed how the U.S. government relates to the people it governs.  To see American life through the lens of Homeland's sweeping argument is to understand the roots of our current condition. In its startling analysis of how the war on terror hollowed out the very idea of citizenship in the United States, Beck gives the most compelling explanation yet offered for the ongoing disintegration of America's social, political, and cultural fabric.

Thirty-five years ago, the first edition of this Health Law casebook quite literally defined the subject of Health Law in the United States. Today this book, cited by the United States Supreme Court and a host of other courts, remains the leading Health Law casebook in American law schools.The new 9th edition provides up-to-date coverage of the field in all of its complexity, while retaining the substantially slimmed-down size of the prior edition. The book offers new cases, statutory materials, and classroom-tested problems, along with succinct and sharpened notes, comments, charts, and other teaching materials. It is fully up-to-date as of mid-2021, including the many issues raised by the COVID-19 pandemic. It will be supplemented by a regularly updated website and, if appropriate, printed supplements.This new edition centers the broader goal of a more just and equitable health care system. It incorporates issues of equity and justice throughout the overarching organization that health law teachers and students found so helpful in the prior editions. In this new edition, Chapter One considers health law and policy as part of a larger framework that encompasses justice and equity movements, and it reimagines traditional concerns of cost, access, quality, and choice in this framework.Chapters Two through Five address ways in which the law can contribute to the promotion of the quality of health care. In this edition, materials on the professional-patient relationship and medical malpractice have been carefully edited and combined into a single chapter.The second part of the text in Chapters Six through Ten is substantially updated, and the chapters reordered for this new edition. It now begins with an expanded chapter on discrimination and unequal treatment in health care, followed by an updated chapter explaining the options available to those who want to reform the American health care system. The chapters then provide a full analysis of the consequences of ERISA, an updated chapter addressing the ACA and its subsequent legal and political challenges, and a chapter on the two largest government health care financing programs--Medicare and Medicaid.The third part of the book in Chapters Eleven through Fifteen describes the role of the law in organizing the health care enterprise. This part includes updated materials on different ways in which the business of health care delivery can be organized and materials describing the legal relationships among different players in the health care enterprise. It includes separate chapters on professional relationships in health care, organizational structures and corporate law, tax, health care fraud and abuse, and the application of antitrust law to health care.Finally, the fourth part of the text in Chapters Sixteen through Twenty-One updates coverage of bioethics materials with a focus on issues currently being litigated or legislated, including abortion and contraception, conscience clauses, the definition of death, and medically assisted dying. The casebook also includes a review of legal regulation of research involving human subjects, and it concludes with a chapter that addresses current developments in population health. The casebook is written to challenge teachers and students on all sides of these issues.In this edition the torch has been passed to a new group of five authors who will be taking over future revisions of the casebook. These five new coauthors, all renowned for their teaching prowess as well as their academic work in Health Law, are Brietta Clark (LMU Loyola Law), Erin Fuse Brown (Georgia State), Robert Gatter (SLU), Elizabeth McCuskey (UMass) and Elizabeth Pendo (SLU).

This timely Handbook explores the relationship between public policy and artificial intelligence (AI) technologies across a broad range of geographical, technical, political and policy contexts. It contributes to critical AI studies, focusing on the intersection of the norms, discourses, policies, practices and regulation that shape AI in the public sector. Expert authors in the field discuss the creation and use of AI technologies, and how public authorities respond to their development, by bringing together emerging scholarly debates about AI technologies with longer-standing insights on public administration, policy, regulation and governance. Contributions in the Handbook mobilize diverse perspectives to critically examine techno-solutionist approaches to public policy and AI, dissect the politico-economic interests underlying AI promotion and analyse implications for sustainable development, fairness and equality. Ultimately, this Handbook questions whether regulatory concepts such as ethical, trustworthy or accountable AI safeguard a democratic future or contribute to a problematic de-politicization of the public sector. The Handbook on Public Policy and Artificial Intelligenceis a crucial resource for students and scholars of public policy and administration, political economy, political science, sociology, law, regulation and governance, computer science and technology studies. It is also beneficial to policy practitioners, civil society actors and regulators working with AI technologies.

Imagine an American president who imprisoned critics, spread a culture of white supremacy, and tried to upend the law so that he could commit crimes with impunity. Constitutional law and political science professor Corey Brettschneider provides a thoroughly researched account of assaults on democracy by not one such president but by five-John Adams, James Buchanan, Andrew Johnson, Woodrow Wilson, and Richard Nixon. These presidents illuminated the trip wires that can erode or even destroy our democracy. But Brettschneider shows that these presidents didn't have the last word; citizen movements brought the United States back from the precipice by appealing to a democratic understanding of the Constitution and pressuring subsequent reform-minded presidents to realize the promise of "we the people." This is a book about citizens-Frederick Douglass, Ida B. Wells, Daniel Ellsberg, and more-who fought back against presidential abuse of power. Their examples give us hope about the possibilities of restoring a fragile democracy.

The incomparable first-hand account of the historic Truth and Reconciliation Commission of Canada told by one of the commissioners who led it. The Truth and Reconciliation Commission was established to record the previously hidden history of more than a century of forced residential schooling for Indigenous children. Marie Wilson helped lead that work as one of just three commissioners. With the skills of a journalist, the heart of a mother and grandmother, and the insights of a life as the spouse of a residential school survivor, Commissioner Wilson guides readers through her years witnessing survivor testimony across the country, providing her unique perspective on the personal toll and enduring public value of the commission. In this unparalleled account, she honours the voices of survivors who have called Canada to attention, determined to heal, reclaim, and thrive. Part vital public documentary, part probing memoir, North of Nowhere breathes fresh air into the possibilities of reconciliation amid the persistent legacy of residential schools. It is a call to everyone to view the important and continuing work of reconciliation not as an obligation but as a gift.

This book offers a critical analysis of cybersecurity from a legal-international point of view. It evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things.

An eye-opening look at "participatory defense," the innovative practice that allows the loved ones of those charged with crimes to help influence the outcome of court cases, by the MacArthur Award-winning activist The courthouse is an important part of every story of mass incarceration in America and, too often, it is a place of powerlessness for those facing criminal charges, their families, and their communities. But the courthouse can also be an important site of resistance, a place where Americans affected by incarceration can become agents of change--even though they are not lawyers or judges. Writing for those new to activism and seasoned organizers alike, celebrated criminal justice advocate Raj Jayadev provides a comprehensive introduction to participatory defense, the incredibly effective community organizing model that leads to better outcomes for criminal cases, shifting power in courtrooms along the way. In lively, accessible prose, Jayadev presents remarkable stories from organizers across the country who demonstrate how participatory defense has led to acquittals, dismissed and reduced charges, and prevented lengthy prison sentences. Lifting up a radical vision of community intervention, Protect Your People also addresses bail hearings, deportation cases, and youth threatened with transfer to adult court, showing that real change is possible when ordinary people step into America's courtrooms and get involved.

"A timely, revelatory look at freedom of speech-our most basic right and the one that protects all the others. Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. These measures are reinforced by the publics anger and rage; flash mobs appear today with the slightest provocation. We all lash out against anyone or anything that stands against our preferred certainty. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context. The Constitution and the Bill of Rights were not only written for times like these, but in a time like this. This country was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people-nonconformists who refuse to yield to abusive authority-and here is a mosaic of vivid characters and controversies. Jonathan Turley takes you through the figures and failures that have shaped us and then shows the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the governments traditional wish to control speech has put us on an almost irresistible path toward censorship. The Indispensable Right reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others. For rather than a political crisis, this is a crisis of faith"--

This revised work presents integrated information within a framework of history, context, perspective, and analysis while pointing to other primary and secondary resources for greater research efficiency. Topics include: Employment of undocumented aliens, Drug testing, Privacy, Employment discrimination, Minimum wage, Employee Retirement Income Security Act (ERISA), Family and medical leave, Health benefits, OSHA and workers' compensation, Covenants not to compete and wrongful discharge

This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law. Diverse contributors from common and civil law backgrounds discuss the significance, sources and general principles of international procedural law and highlight crucial, yet often overlooked, international dispute resolution regimes. Specific problems related to the emergence of international procedural law, such as the interaction between international judicial regimes, are also unpacked and potential practical solutions investigated. The Research Handbook concludes by looking forwards, using a comparative analysis of the interactions between distinct international dispute resolution regimes to outline how mutual consideration and comity can lead to procedural congruence. The Research Handbook on International Procedural Lawis an authoritative reference for students and scholars of arbitration and dispute resolution, constitutional and administrative law, and public international law. Discerning and practical, it will also act as a core resource for practitioners, government officials, judges, and members of adjudicative bodies.

"A landmark book...[a] bold reframing of the history of the British Empire." --Caroline Elkins, Foreign Affairs An award-winning historian places the corporation--more than the Crown--at the heart of British colonialism, arguing that companies built and governed global empire, raising questions about public and private power that were just as troubling four hundred years ago as they are today. Across four centuries, from Ireland to India, the Americas to Africa and Australia, British colonialism was above all the business of corporations. Corporations conceived, promoted, financed, and governed overseas expansion, making claims over territory and peoples while ensuring that British and colonial society were invested, quite literally, in their ventures. Colonial companies were also relentlessly controversial, frequently in debt, and prone to failure. The corporation was well-suited to overseas expansion not because it was an inevitable juggernaut but because, like empire itself, it was an elusive contradiction: public and private; person and society; subordinate and autonomous; centralized and diffuse; immortal and precarious; national and cosmopolitan--a legal fiction with very real power. Breaking from traditional histories in which corporations take a supporting role by doing the dirty work of sovereign states in exchange for commercial monopolies, Philip Stern argues that corporations took the lead in global expansion and administration. Whether in sixteenth-century Ireland and North America or the Falklands in the early 1980s, corporations were key players. And, as Empire, Incorporated makes clear, venture colonialism did not cease with the end of empire. Its legacies continue to raise questions about corporate power that are just as relevant today as they were 400 years ago. Challenging conventional wisdom about where power is held on a global scale, Stern complicates the supposedly firm distinction between private enterprise and the state, offering a new history of the British Empire, as well as a new history of the corporation.

This textbook offers a starting point for the education of attorneys and other legal professionals about the potential impact of artificial intelligence (AI) on the law, as well as a forum for discussing artificial intelligence's legal and ethical concerns. Intended for classroom use, this book will help students, legal professionals and policymakers alike. AI is swiftly transforming the world, including the legal system. Legal applications to areas such as ethics, human rights, climate change, labor law, health, social protection, inequality, lethal autonomous weapons, the criminal justice system and autonomous vehicles, contract drafting, legal investigation, criminal analysis and evidence investigation, utilize AI. As AI becomes more sophisticated, its impact on the law will likely increase.

A probing analysis of Black women's attempts to pursue justice for sexual-violence victims within often hostile social and legal systems In Bodies in the Middle: Black Women, Sexual Violence, and Complex Imaginings of Justice, Maya Hislop examines the lack of place that Black women experience, specifically when they are victims of sexual violence. Hislop uses both historical and literary analyses to explore how women, in the face of indifference and often hostility, have sought to redefine justice for themselves within a framework she calls "Afro-pessimistic justice." Afro-pessimism begins from the belief that Black life in America, and in turn the American justice system, is constrained within a framework of anti-Blackness meant to enforce white supremacy. Inspired by the work of Black-studies luminaries such as Orlando Patterson, Sylvia Wynter, and Fred Moten, Hislop asks what justice can look like in the absence of total victory and how Black women have attempted to define alternative paths to a just future.

Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.

The Case for Eyewitness Identification Reform is divided into five chapters. Chapter 1 lays out the existing eyewitness identification practice in most jurisdictions. Chapter 2 sets forth the law governing eyewitness identification admissibility, as embodied primarily by Manson v. Brathwaite, and how juries are instructed regarding eyewitness identification evidence that is admitted at trial, as embodied primarily by Telfaire v. United States. Chapter 3 lays out what we currently know about memory and perception, insofar as they relate to eyewitness identification. Chapter 4 examines criticisms of Manson and Telfaire, in light of what we know about perception and memory, and outlines past attempts at reforming this body of doctrine to achieve strong deterrence and reduce the number of wrongful convictions. Chapter 5 sets forth the system and estimator variables and makes the case for three-pronged approach to reform outlined above: i.e., barring identification evidence that is either (1) obtained by suggestive means taking into account all system variables or (2) whose probative value does not substantially outweigh its prejudice when taking into account both system and estimator variables, and further (3) instructing juries to consider both system and estimator variables, insofar as they are implicated by the evidence.

Highly technical and often difficult to understand, business valuations are a critical subject for lawyers in many areas, such as divorce, bankruptcy, corporate and tax law, and estate and financial planning. The authors of this book, who have over 40 years of combined experience in transactional matters and litigation, present and discuss key concepts in valuation. At the same time, they explain how to dig beneath the surface of expert opinions and show how to find the most pertinent facts, interpret the data, and evaluate the quality and comprehensiveness of evidence. This easy-to-use manual covers all aspects of determining the value of a business, including definitions of value; personal versus enterprise goodwill, valuing professional practices and small businesses, cross-examination, commonly used terminology and bodies of evidence, professional credentials and standards; and recognized and accepted valuation methods. Adding to the book's usefulness are "Questions to Ask" for most sections, extensive case citations throughout to courts' positions on many issues, and appendices that include a glossary, bibliography of business valuation databases, and other useful tools.

The venerable, time-tested guide to style, usage, and grammar--an indispensable reference informing the editorial canon with sound, definitive advice. Now in its 18th edition!  More than 1.75 million copies sold! Much has happened in the years since the publication of the seventeenth edition of The Chicago Manual of Style. The world has transformed, and the Manual has risen to meet the moment. The eighteenth edition of this classic guide for writers, editors, and publishers is the most extensive revision in two decades.  Every chapter has been reexamined with diversity and accessibility in mind, and major changes include updated and expanded coverage of pronoun use and inclusive language, revised guidelines on capitalization, a broader range of examples, new coverage of Indigenous languages, and expanded advice on making publications accessible to people with disabilities. The Manual's traditional focus on nonfiction has been expanded to include fiction and other creative genres in coverage of topics such as punctuation and dialogue, and the needs of self-published authors receive wider attention. The citation chapters have been thoroughly reorganized for the benefit of new and experienced users alike, and the key concepts for editing mathematics have been integrated into the chapters where they will be most useful to generalists. Evolving technologies--from open-access publishing models to AI--are covered throughout. And naturally, there are some well-considered updates to familiar rules, including changes intended to align the Manual's recommendations more closely with real-world usage. As with every new edition, devotees of the Manual will find much to discover and ponder.  

The book provides a discursive reflection on the current challenges facing administrative law, based on a key idea: the defence of the liberal model of society. The author describes the content of her book as a turning point on the traditional standards of the rule of law and the way it impacts on the administrative state and administrative law. Considering the current use (and abuse) of emergency law by governments - based on economic crisis, environmental crisis, pandemic, and the economic situation caused by the Ukraine war - she devises a different balance or equilibrium on the usual separation of powers. Many reasons contribute to this turning point: i) the weaknesses of an open society easily swayed by social networks; ii) social "tribalism" replaces common good and general interest; iii) social tribalism leads to illiberal society, which causes illiberal democracies; iv) illiberal democracies lead to ungovernability which reinforces the role of the government, the emergency law, and some de facto measures. The author looks at many recent decisions from the ECJ and the ECHR and some constitutional and administrative courts, which extends the interest of this work to a wide range of professionals, from scholars to students, from judges to lawyers, filling the gap from an administrative law perspective of the current issues.

The Working Papers of Hugo Grotius is the first full-length study of the handwritten documents initially used by the author of Mare Liberum (1609) and De Jure Belli ac Pacis (1625) in his day-to-day activities as a scholar, lawyer, and politician, but subsequently incorporated into his own or other archives. Martine van Ittersum reconstructs a process of transmission, dispersal, and loss that started during Grotius' lifetime and ended with the papers' auction in 1864. This is also a study of archival afterlives. Our understanding of Grotius' life and work is shaped by the conscious decisions of previous generations to retain or discard documents, frequently for the sake of individual lives and careers, family honour and/or larger political and religious ends.

New insights into understanding how Cambodia grapples with its traumatic historical past.  More than four decades have passed since the end of Khmer Rouge rule in Cambodia in 1979. Even so, the country is still coming to terms with the destruction wrought by the Khmer Rouge during both the time they were in power and during the period of guerrilla resistance that lasted until 1998. The Khmer Rouge Tribunal, or the Extraordinary Chambers in the Court of Cambodia (ECCC), was established in 2006 to bring the Khmer Rouge leadership to justice. In many ways a product of the 1990s, when liberal democracy appeared to be on the rise both in Cambodia and internationally, the ECCC was imagined as a transitional justice initiative that would help ease the transition to liberal democracy.  The ECCC has long been the focus of scholarly attention in Cambodia's recovery, but this compelling study argues that such an approach is dated, noting that the political circumstances in which the ECCC was born have since changed profoundly, both globally and locally. Cambodia's current situation can no longer be analyzed solely in terms of transitional justice narratives or the work of the ECCC, and other ways in which Cambodians have come to terms with their past and built new lives must be considered. By decentering the ECCC in the scholarly narrative of Cambodia's recovery, the volume's authors offer fascinating new insights into the Khmer Rouge period and more recent years of social, cultural, and political change in Cambodia.

This College Sports Law Nutshell provides an up-to-date discussion of the shifting landscape of college sports law forged by the series of recent lawsuits. The book covers the relationship of the student-athlete to the university; the historical enforcement of NCAA rules; the evolution of the NCAA's amateurism model; the adoption of state name, image, and likeness laws and the contours of the ability of athletes to monetize their NILs through collectives; the increasingly important transfer portal; the tripartite change agents in the current model of college sports--antitrust law, employment law, and conference realignment; the role of coaches; Title IX and gender equity; and college sports gambling. Integrating law, NCAA rules, university policies, and the responses of various actors to this evolving climate, the book provides an accessible overview to lawyers and non-lawyers alike. It provides a helpful window into a complicated landscape, ideal for law students, practitioners, administrators, athletes, boosters, and anyone interested in college sports.

To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited third edition, this bestselling book includes a co-written introduction features contributions from indigenous scholars on the book's continued relevance to current research. It also features a chapter with twenty-five indigenous projects and a collection of poetry.

Elements of Indigenous Style provides guidelines to help writers, editors, and publishers produce material that reflects Indigenous people in an appropriate and respectful manner. Gregory Younging, a member of the Opaskwayak Cree Nation in Northern Manitoba, has been the managing editor of Theytus Books, the first Aboriginal-owned publishing house in Canada, for over 13 years. Elements of Indigenous Style evolved from the house style guide Gregory developed at Theytus in order to ensure content was consistent and respectful. This guide contains: A historical overview of the portrayal of Indigenous peoples in literature; Common errors and how to avoid them when writing about Indigenous peoples; Guidance on working in a culturally sensitive way; A discussion of problematic and preferred terminology; Suggestions for editorial guidelines.

In the unique application of a Third World Approaches to International Law perspective, this book provides a critical, interdisciplinary, examination of the contemporary practice of United Nations peacekeeping.

This dictionary provides a record of the Kanien'kéha (Mohawk) language as spoken by fluent first- and second-language speakers at the Kanien'kéha Mohawk Territory outside of Montréal, Canada. The Kanien'kéha language has been written since the 1600s, and these dictionary entries include citations from published, archival, and informal writings from the seventeenth century onwards. These citations are a legacy of the substantial documents of missionary scholars and several informal vocabulary lists written by Kanien'kéha speakers, among others. The introduction to the dictionary provides a description of the organization and orthography of the historical works so that they can be used in the future by those studying and learning the language. A Dictionary of Kanien'kéha (Mohawk) with Connections to the Pastallows scholars and students to learn the meaning, composition, and etymology of words in a language known for its particularly complex word structure. The organization of the entries, according to noun and verb roots, highlights the remarkable potential and adaptability of the language to express traditional concepts, as well as innovations that have resulted from contact with other customs and languages that have become part of the contemporary culture of the Kanien'kehá:ka.

A fully updated edition of the first-ever primer on Canada's Constitution -- for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada's Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982, accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This new edition is a great primer for those reading Canada's Constitution for the first time and is a useful reference work for students and scholars.

In 2022, the ILC adopted the Draft Conclusions on Peremptory Norms of General International Law. The text of the Draft Conclusions consists of twenty-three Draft Conclusions and addresses two aspects: the identification of peremptory norms and their legal consequences. Attached to the Draft Conclusions is an Annex with a non-exhaustive list of jus cogens norms previously identified by the Commission. The International Law Commission's Draft Conclusions on Peremptory Norms serves, in part, as a commentary on the ILC's work and provides a broader understanding of the Draft Conclusions from the perspective of an insider. The book goes beyond a commentary, however, as it provides an analysis and evaluation of the broader legal issues raised by the Draft Conclusions. Relying inter alia on the discussions within the Commission and the doctrinal debate surrounding the concepts covered, the book will not only offer explanation of what is addressed in the Draft Conclusions but also an assessment of the choices made by the Commission and the consequences of those choices.

The first comprehensive account of the growing dominance of the intangible economy Early in the twenty-first century, a quiet revolution occurred. For the first time, the major developed economies began to invest more in intangible assets, like design, branding, R&D, and software, than in tangible assets, like machinery, buildings, and computers. For all sorts of businesses, from tech firms and pharma companies to coffee shops and gyms, the ability to deploy assets that one can neither see nor touch is increasingly the main source of long-term success. But this is not just a familiar story of the so-called new economy. Capitalism without Capital shows that the growing importance of intangible assets has also played a role in some of the big economic changes of the last decade. The rise of intangible investment is, Jonathan Haskel and Stian Westlake argue, an underappreciated cause of phenomena from economic inequality to stagnating productivity. Haskel and Westlake bring together a decade of research on how to measure intangible investment and its impact on national accounts, showing the amount different countries invest in intangibles, how this has changed over time, and the latest thinking on how to assess this. They explore the unusual economic characteristics of intangible investment, and discuss how these features make an intangible-rich economy fundamentally different from one based on tangibles. Capitalism without Capital concludes by presenting three possible scenarios for what the future of an intangible world might be like, and by outlining how managers, investors, and policymakers can exploit the characteristics of an intangible age to grow their businesses, portfolios, and economies.

Seventy-one percent of the planet Earth is ocean. With increased efforts in fishing, energy extraction, energy generation, shipping, and proposed mining activity, ocean and coastal areas are under increasing pressure from even more intensive use and development. This Nutshell, now in its 6th Edition, provides short summaries of state, U.S. national, and international law and policy relevant to practitioners and academics interested in the field of ocean and coastal law. The most recent edition, updating legal developments from previous editions, also offers new material on the recent biodiversity beyond national jurisdiction treaty, marine renewable energy (green hydrogen and offshore wind), current beach access controversies, coastline adaptation to sea-level rise, climate change policies for ocean protection, and cultural heritage law.

An analysis of the failure of U.S. broadband policy to solve the rural-urban digital divide, with a proposal for a new national rural broadband plan. As much of daily life migrates online, broadband-high-speed internet connectivity-has become a necessity. The widespread lack of broadband in rural America has created a stark urban-rural digital divide. In Farm Fresh Broadband, Christopher Ali analyzes the promise and the failure of national rural broadband policy in the United States and proposes a new national broadband plan. He examines how broadband policies are enacted and implemented, explores business models for broadband providers, surveys the technologies of rural broadband, and offers case studies of broadband use in the rural Midwest. Ali argues that rural broadband policy is both broken and incomplete- broken because it lacks coordinated federal leadership and incomplete because it fails to recognize the important roles of communities, cooperatives, and local providers in broadband access. For example, existing policies favor large telecommunication companies, crowding out smaller, nimbler providers. Lack of competition drives prices up-rural broadband can cost 37 percent more than urban broadband. The federal government subsidizes rural broadband by approximately $6 billion. Where does the money go? Ali proposes democratizing policy architecture for rural broadband, modeling it after the wiring of rural America for electricity and telephony. Subsidies should be equalized, not just going to big companies. The result would be a multistakeholder system, guided by thoughtful public policy and funded by public and private support.

This open access book uses an interdisciplinary approach that not only focuses on social organization but also analyzes how societies and ecological settings were interwoven. How did early modern indigenous Sami inhabitants in interior northwest Fennoscandia build institutions for governance of natural resources? The book answers this question by exploring how they made decisions regarding natural resource management, mainly with regard to wild game, fish, and grazing land and illuminate how Sami users, in a changing economy, altered the long-term rules for use of land and water in a self-governance context. The early modern period was a transforming phase of property rights due to fundamental changes in Sami economy: from an economy based on fishing and hunting to an economy where reindeer pastoralism became the main occupation for many Sami. The book gives a new portrayal of how proficiently and systematically indigenous inhabitants organized and governed natural assets and how capable they were in building highly functioning institutions for governance.

Provides analysis of the Uniform Commercial Code (UCC), practical understanding to apply the Code appropriately, resolution of issues of Code interpretation, skillful deployment of the various non-textual Code resources relevant to such issues (including the Official Comments and prior Code drafts), informed policy analysis, systematic discussion of each topic, and an integration of the developing case law into the text

This book covers the shift in key energy technology as the Biden Administration has enacted new laws that shift the entire U.S. economy by 2035 off fossil fuels to electric power. It is a forward-looking guide to how lawyers can successfully utilize key legal opportunities in this critical moment.

For criminal defense lawyers of all types, clients with mental disabilities are a part of their practice. This ranges from the white-collar criminal defense lawyer who represents an executive charged with tax evasion who functions in spite of a variety of conditions which he keeps hidden, to the public defender assigned as standby or advisory counsel for the defendant who wants to represent himself at trial, to the sole practitioner representing the man with Asperger's charged with possession of child pornography on his computer. Representing People with Mental Disabilities is easy-to-read and easy-to-navigate. It is intended that you can throw the book in your briefcase on the way to the courthouse, or load it on your tablet and turn to the appropriate chapter or chapters when needed. If you want to learn more about a topic, the Suggested Works section at the end of the book contains titles of books and articles as well as websites. Additionally, many chapters contain the statement at the end, "Complete citations are available from the author/authors upon request." The accompanying website has motions and pleadings which you can adapt to your jurisdiction.

Teen legal rights are perpetually changing in American society, whether in the classroom, at work, or within family and community settings. Fully revised and updated to reflect important changes in the legal status and rights of young people from all walks of life, the fourth edition of Teen Legal Rights is an accessible and indispensable resource to help teenagers navigate and understand the extent and limitations of their rights and liberties. Employing a simple FAQ format organized into nearly two dozen topical chapters (including new chapters devoted to such subjects as immigration and trans youth), First Amendment scholar David L. Hudson Jr. provides an authoritative analysis of the judicial system as it pertains to teens and their interests, explaining important court decisions, legal arguments, and legislative changes to help teens better understand how their rights are evolving as they move deeper into the 2020s.

Explores the reach of the law into our most personal and private romantic lives The Architecture of Desire examines how the law influences our most personal and private choices--who we desire and choose as intimate partners--and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals' prospects for marriage and marriage-like commitments, as well as economic and social mobility. The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning. Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and--depending on skin tone--Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual's opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law's influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.

It has been 20 years since the first marriage licenses were issued to same-sex couples in Massachusetts, and there has been ample time for researchers to study the consequences of legalizing marriage for same-sex couples on lesbian, gay, bisexual, and transgender individuals; their children; and the general population. The authors of this report document those consequences, drawing on an evidence review and new analyses that they conducted.

The Research Handbook on Health, AI and the Lawexplores the use of AI in healthcare, identifying the important laws and ethical issues that arise from its use. Adopting an international approach, it analyses the varying responses of multiple jurisdictions to the use of AI and examines the influence of major religious and secular ethical traditions. Bringing together a diverse range of carefully selected legal experts, the Research Handbook critically assesses the different uses of AI in healthcare and its promise to provide greater accuracy for healthcare professionals and patients by diagnosing diseases and detecting illness earlier and helping hospitals run more efficiently. It also highlights a series of legal and ethical challenges AI raises relating to bias, privacy, data security, medical liability, informed consent and intellectual property. AI governance is rigorously examined in countries across the globe spanning Asia, Europe and the US while different responses from international organisations towards AI in healthcare are also evaluated. This Research Handbook is a key resource for scholars and law students and for those interested in current and developing legal paradigms. Its legal and practical dimensions will also be beneficial to lawyers practising in health law and internet and technology law, policymakers and medical professionals.

NATIONAL BESTSELLER "Impeccably researched. . . . A fascinating book and an important one." -- Washington Post "[A] brilliant, kaleidoscopic debut. . . . Nagle's narrative is lucid and moving. . . . A showstopper." -- Publishers Weekly, starred review Most Anticipated Book of the Fall: Washington Post, People, Los Angeles Times, Parade, Bustle, Book Riot A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation.  Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country. 

A resource for handling QDROs and working with all parties involved, this book provides basic knowledge of all aspects of the substantive law of QDROs plus step-by-step guidance and advanced techniques for the drafting and approval process. It also covers division of military retired pay; federal, state, county, and municipal civil service pensions; non-ERISA plans such as IRAs; and Qualified Medical Child Support Orders

How laws are created, shaped, and applied is a significant but often overlooked component of studies on armed conflict. Almost every contentious legal question involves aspects of law-making and shaping, be it the determination of a rule's scope of application, whether and how to regulate a "new" situation, or determining which sources and materials to take into account. As such, all who operate in this space - whether academic, practitioner, policy-maker, or legal advisor - must appreciate and understand the forces, factors, and actors which converge to make and shape the ever-developing law of armed conflict. This volume brings together several key contributors to explore this making and shaping in depth. A variety of aspects of law-making and shaping are analyzed, from the methodology behind identifying principles and rules of law, to what weight should be given to the views of particular actors, to the various forums where the law is made and shaped. It examines foundational materials of the law of armed conflict including the 1949 Geneva Conventions and considers the influence of a wide scope of actors, ranging from States, the International Committee of the Red Cross, and international courts and tribunals through to expert groups, commissions of inquiry, and non-state armed groups. This volume also asks us to broaden our gaze beyond spaces where the law is traditionally created to uncover different types of making and unmaking

NATIONAL BESTSELLER "Searing and intimate... with masterly, white-hot reporting." - The New York Times "The most important book in the lead up to this election." - Nicolle Wallace, MSNBC "As Dias and Lerer write, the fight against legal abortion is tied inextricably to the fight for America's soul." - New York Magazine "A tour de force. However you read books, hardcover, ebook, audio... Just read it." - Alex Wagner on Alex Wagner Tonight From two top New York Times journalists, the breathtaking untold story of the plan to overturn Roe v. Wade and the consequences for women, abortion, and the future of America In June 2022, Americans watched in shock as the Supreme Court reversed one of the nation's landmark rulings. For nearly a half century, Roe was synonymous with women's rights and freedoms. Then, suddenly, it was gone. In their groundbreaking book The Fall of Roe, Elizabeth Dias and Lisa Lerer reveal the explosive inside story of how it happened. Their investigation charts the shocking political and religious campaign to take down abortion rights and remake American families, womanhood, and the nation itself. In doing so, Dias and Lerer go beyond the traditional political narrative into the most personal reaches of American life. Reeling from Barack Obama's 2012 landslide presidential victory - and motivated by a spiritual mission - a small but determined network of elite conservative Christian lawyers and powerbrokers worked quietly and methodically to keep their true cause alive: ending abortion rights. Thinking in generational terms, they devised a strategic, top-down takeover at every level of political and legal life, from little-known anti-abortion lobbyists in far flung statehouses to the arbiters of the constitution at the highest court in the land. Broad swaths of liberal America did not register the severity of the threat until it was far too late. At a moment when women had more power than ever before, the feminist movement suffered one of the greatest political defeats in American history. With stunning scope, journalistic rigor, and unprecedented access to the highest echelons of conservative and liberal power, Dias and Lerer chronicle the end of the Roe era. Their deeply human reporting stretches from inside abortion clinics to the halls of the White House, exposing powerful behind-the-scenes actors and recasting the actions of those already in the spotlight. The result is a sweeping and intimate narrative of secrets, power, jaw-dropping revelations, and a beacon to guide us forward.

This timely book is the first to critically examine the doctrine of vicarious liability in the context of the sports industry. Drawing on theoretical, empirical and interdisciplinary research, the book focuses on the close connection test at stage two of vicarious liability, highlighting how vicarious liability could be used to hold sports employers strictly liable for a wide range of on-the-field and off-the-field harms committed by their athletes. It considers the extent to which vicarious liability might be applied to clubs and sporting organisations for personal injuries and racial abuse suffered by participants during competition, and examines whether employers in the sports industry ought to be held vicariously liable for the sexual assault of young athletes and women away from the field. This book is important reading for any student, researcher or practitioner interested in sports law, tort law, private law theory, socio-legal studies, jurisprudence, gender studies and sports ethics.

The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law - as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition.