New Books

Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge.This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Across North and South America, Indigenous people play a dual political role, building self-governing structures in their own nations and participating in the elections of settler states. Doing Democracy Differently asks how states are responding to demands for Indigenous representation and autonomy and in what ways the ongoing project of decolonization may unsettle the practice of democracy. Based on the structured, focused comparison of four success stories across Northern Canada, Bolivia, and Ecuador, this book provides real-world examples of how Indigenous autonomy and self-determination may be successfully advanced using existing democratic mechanisms. Drawing on thorough original research to identify factors that create distinctive patterns within Indigenous-state relations, it argues that the capacity for democratic innovation lies within the realm of civil society while the possibility for uptake of such innovation is found within the state and its willingness to work with Indigenous and popular actors. Operating at the intersection of Indigenous and Comparative Politics, Doing Democracy Differently takes seriously the role of institutions and the land on which they are built in the creation of democratic transformations in the Americas. This book advances Indigenous rights to autonomy and self-government and speaks to some of the thorniest issues in democratic governance.

Historical studies on the practice of Islamic law (sharīʿa) tend to focus on practice in a Sunni setting during the Mamluk or Ottoman periods. This book decenters Sunni and Mamluk and Ottoman normativity by investigating the practice of sharīʿa in a Twelver Shiʿi Persian-speaking milieu, in early modern Iran between the sixteenth to twentieth centuries. Drawing on documentary evidence and narrative sources, it reconstructs who the practitioners of Islamic law were, how they authenticated, annulled, and archived legal documents, and how they intervened in the resolution of disputes over religious endowments (waqf). The study demonstrates that following Iran's conversion to Twelver Shiʿism under the Safavids, the dominance of Uṣūlī Shiʿi legal theory, which conferred judicial authority on scholars recognized as Shiʿi jurists (mujathids), affected both the practitioners of Islamic law and the procedures of sharīʿa court practice in Iran. Shiʿi jurists in Iran, as a result, would come to exercise by the end of the nineteenth century a judicial monopoly over valid sharīʿa court practice thus laying the foundation for Ayatollah Khomeini's extension, during the Iranian revolution, of the authority of the Shiʿi jurist over political affairs.

Although considered a somewhat 'hazy' concept (particularly in common law), good faith may nevertheless be defined as a duty incumbent on a person negotiating or performing an agreement. Thus, it may be understood as obligatory on all parties in the conduct of arbitral proceedings. In this collection of expert chapters, notable jurists and legal academics from around the world fully investigate the multifaceted notion of good faith in international arbitration. All the following aspects of the matter are covered: detailed analysis of good faith in both common law and civil law traditions as reflected in doctrine, scholarship, and case law; good faith implications in treaty interpretation; using good faith as a negative defence against claims or as a positive basis for claims; good faith in the specific field of international investment arbitration; procedural aspects of the parties' obligation to act in good faith during pre-arbitral negotiations, conciliation, and mediation, as well as during the arbitral proceedings; the duty of arbitrators and arbitral institutions to act in good faith; and the role of good faith in actions to set aside. As an authoritative survey and analysis of how the concept of good faith has been applied in international arbitration - and defined in the case law relevant to it - this matchless book provides invaluable guidance to parties involved in international arbitral proceedings.

Artificial Intelligence ('AI') and the AI sub-field of Machine Learning ('ML') are terms that originated in the fields of computer and data science but now form part of the common vernacular.  AI has now found application in virtually every field.  Some applications of AI have become part of our daily lives: virtual assistants, chatbots, search engines, online language translation and eCommerce all employ AI in various forms.  Generative AI such as OpenAI's products ChatGPT (natural language generation), Jukebox (music generation) and DALL-E2 (image generation) have captured the public attention to an enormous degree and can, indeed, do amazing things.  A myriad of other applications of AI are found in disparate fields that, while not as visible on a daily basis, impact on our lives in a wide variety of ways. With this rapidly-increasing impact comes not only exciting new technical capabilities but also new challenges for intellectual property ('IP') law.  Are current laws fit for purpose or is something new or different needed?  This is not a new question; one need only look back to the early days of digital music, computer software and 3-D printing to find similar discussions of whether existing IP law is suited to emerging technologies.  For the most part, the answer in the past has been "yes", with perhaps a tweak here and there.  Whether the same will be true of AI is, as yet, an open question. This book focuses specifically on AI and patents.  Unsurprisingly, different jurisdictions have taken different approaches to patentability of AI-related inventions.  Terminology (what is an "AI-related invention"?) also is inconsistent from one patent office to the next.  These factors combine to create a maze of laws and regulations that patent applicants must navigate to secure protection for their innovations. To facilitate comparison of laws and practices, this book introduces a taxonomy that separates AI-related inventions into five conceptual categories.  The patent law implications of each category are then addressed in national and regional chapters reflecting the perspectives of 16 major jurisdictions.  All chapters follow the same structure, thereby allowing the reader to directly compare approaches taken by different jurisdictions.  Thirty-nine subject matter experts from around the world contributed to this book. This is the eighth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Human Rights Praxis and the Struggle for Survival offers critical analysis of contemporary politics and options for students, scholars, organizers, and stakeholders to grapple with some of the most pressing social problems of human history.

This book provides a deep dive into the important issue of digital law. Researchers, students, and policymakers interested in digital law will find this book invaluable for its exploration of the nuances of a modern scenario of law. In the first part of the book, the author explains the basics of digital law and why they are so important in today's world. Next, it delves into the promise of cutting-edge digital law. This book is an important resource for anybody, from seasoned professionals who want to keep up with the latest in digital laws to students. To aid you in understanding digital laws and making important contributions to the future of digital laws, it provides a variety of insights, case studies, and practical recommendations. This book takes a multidisciplinary approach, making it useful for a broad audience, including researchers, politicians, and students, all of whom have a stake in the direction in which our digital law are headed.

This companion volume to Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom features new essays, case studies, and bibliographies for law faculty seeking to bring critical perspectives on equity, inclusion, and social justice into their teaching in upper-level courses. Chapters focus on subjects traditionally tested on the bar exam, including evidence, criminal procedure, and family law, as well as professional responsibility. Additionally, this volume includes guidance for teaching a range of other advanced law school topics and can be used in experiential courses, including advanced legal writing, legal research, counseling, and negotiations. It also features guidance and reflections from faculty who have created new courses specifically focused on race and social justice in the legal system. With submissions from over 40 authors, the collection is intended to spur valuable conversations within the classroom and across the legal academy.

This Understanding treatise examines the multifaceted and complex area of private-sector labor law. The treatise is more concise than a casebook but contains more citation to cases and other authorities than other labor law overviews. It is comprehensive enough to be adopted and used by law and other professors as the primary textbook for a labor law course, yet succinct enough to be used as an aid for those seeking to understand dense material. The treatise focuses on private sector labor relationships, dealing primarily with the National Labor Relations Act, as amended, and its interpretation and application by federal courts and the National Labor Relations Board. Organized in a format consistent with the organization of most labor law courses, the book is comprehensive, containing up-to-date chapters on exceptions to employment-at-will and international labor law as well as on traditional labor law topics. Each chapter concludes with reader-friendly "Chapter Highlights," summarizing the major doctrines discussed in the chapter.

This is a pioneering study comparing university-level and professional online legal education across 13 jurisdictions from the Asia-Pacific region, Europe and beyond before and especially after the COVID-19 pandemic. The book examines developments in legal professions and traditions, university funding and ICT infrastructure.

Collegiate Greek-letter organizations have been around for almost 250 years in the United States. Hazing and social event liability have traditionally been their greatest legal challenges, but as they have proliferated across the landscape, grown in financial resources, and increased in corporate structure, college fraternities and sororities have come to face a greater variety of legal issues. This book seeks to offer an overview of the legal landscape of the critical issues that collegiate Greek-letter fraternities and sororities should understand and integrate into their day-to-day work. The first section of the book explores the range of issues that deal with processes, standards, rules, and practices that fraternities and sororities must follow: organizational legal counsel; the duty of oversight and director liability; the role of organizational governing documents; the strictures around Internal Revenue Code 501(c)(2), (3), (4), and (7) entities; and board conduct that may give rise to organizational civil and criminal liability. The second section discusses risk and liability issues, such as arbitration in hazing cases; sexual assault; social host liability; and liability insurance. The third section covers constitutional issues, including freedom of speech, the right to privacy and protection against unreasonable searches and seizures, equal protection law, and fair housing. The final section examines the broader issues of antitrust and consumer protection, employment law, intellectual property, and property and zoning issues.

This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.

It is inevitable, given the enormous media-driven concern generated by the recent application of artificial intelligence (AI) to an ever-expanding spectrum of day-to-day human experience, that the need for a clearly articulated legal response has become imperative. This book both clarifies the controversial issues surrounding the use of AI and explores in great detail how, far from being "unregulated," the creation, distribution, and operation of AI systems currently is, and will remain, subject to a vast array of existing laws and regulations all over the world. Demonstrating beyond any doubt that the traditional concepts of legal responsibility, including duty of care, negligence, and compensation for damages, will always be applicable to those humans who create and/or use artificially intelligent things or systems, the author shows how AI systems are clearly implicated in numerous existing legal regimes, including the following: relevant provisions under international law and EU law; applicable provisions in the laws of the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore; and numerous national provisions in the legal fields of health and safety, intellectual property, competition, privacy and data protection, and military engagement. However, given the lack of international consensus on this vitally important issue, the author suggests that any worldwide agreement on the legal responsibilities relating to the use of AI will need to be carefully defined, and that provisions will need to be reviewed to determine how they will apply to any new range of artificially intelligent creations. The purpose of this book is to review those legal concepts, throughout the world, that currently govern the application of AI and to comment on modifications or extensions of the rule of law that are being proposed as necessary to serve and protect humanity in relation to the expanding applications of AI. It is important that anyone who uses or is affected by AI products understands the relationship between existing laws and regulations in major markets around the world and those areas where initial regulations may be required. For them, for their counsel, and for the various policy and regulatory authorities confronted with AI issues, this book will prove an essential guide.

Apostolos G. Chronopoulos examines the doctrine of misappropriation offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic. In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still 'fresh'. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal preemption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value. This book is an indispensable resource for academics who would have an interest in reexploring and revisiting the topic from a doctrinal perspective. Practitioners would also find the book's theoretical groundwork useful.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Israel. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities. The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Israel. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.

This book delves into the complexities of space governance, offering innovative solutions for a sustainable future. From the pressing issues facing space governance today to creating a consensus on responsibility, ethics, and frameworks, we aim to answer key questions: (i) What are the current challenges? (ii) How do satellites impact society? (iii) What are the potential negative consequences? From communication and early warning systems to global broadcasting and navigation, satellite technology plays a pivotal role in our daily lives. However, this reliance also exposes vulnerabilities, as any disruption to satellite systems could have disastrous consequences across multiple industries. The rapid development of satellite technology, including drones and UAVs, has ushered in a new era of exploration and exploitation. Yet, this progress brings with it new challenges, particularly in terms of governance. As satellites transcend national boundaries, the dynamics of space governance become increasingly complex, with various entities pursuing their own interests without always considering the broader implications. This book bridges the knowledge gap surrounding space technology and highlights the need for increased governance frameworks, data protection, and disciplined deployment. By addressing issues of control, privacy, and security, we pave the way for a more sustainable and responsible approach to space exploration. Join us on this journey as we navigate the evolving landscape of space governance and chart a course towards a brighter future for all.

This book is a comparative study of the laws and regulations involving legal and ethical issues related to Artificial Intelligence (AI), in particular for self-driving cars or autonomous vehicles (AVs). It identifies, analyzes, and points out such issues via a study of laws and regulations in India, Germany, and California, determining the legal liabilities of designer, developer/programmer, manufacturer, producer, users, or AI in the case of AVs. AV technology is being touted as one that is poised to bring revolution in the mobility ecosystem by lessening the number of accidents and by providing other benefits, such as potential to reduce traffic, increase safety and mobility, lower energy usage and generate free time. Despite having such a potential to shape and transform the future, and involvement of tech-giants like Google, Amazon, Facebook, and Microsoft, regulations around AI and AVs are still on the drawing board stage in many countries, as they grapple on how to address this issue which has both local and global players involved and affects both local and global populace. The book studies and compares the existing and evolving regulations in three different regions to bring out the lacunae, loopholes and best practices. It highlights when AI deserves legal personhood, and when it requires to be granted legal standing. It also points out the civil and criminal legal liabilities arising when AV is involved in an accident, and the ethical issues involved in the deployment of AI. The book goes beyond new regulations to analyze whether challenges and problems arising from AI technology can be addressed within existing civil and criminal laws - procedural and substantive law - or whether a sui generis law on AI technology is required. The analysis and the results showcased here would be highly useful for multi-disciplinary research on the topic. Regulators of both industry and governance would find the contents invaluable in getting a broader picture of the issues and concerns around this topic, along with policy makers would be able to come up with more effective regulations on AI and AVs.

This book critically examines the reception and application of the 2011 Articles on the Responsibility of International Organizations (ARIO), assessing their effectiveness and limitations. Adopting a panoptic approach, it explores the theory underlying the concept of responsibility for internationally wrongful acts in ARIO through both doctrinal analysis and practical case studies. The editors have brought together a diverse group of legal experts to analyze various fields in the law of responsibility for international organizations (IOs), including questions of attribution, shared responsibility, the implementation of responsibility, and the progressive development of ARIO rules. The book argues that, despite its rare application, the ARIO are a useful resource for ascertaining the responsibility of IOs in the form of judicial, non-judicial, internal or external control mechanisms. Ultimately, the book demonstrates that the ARIO constitute an authoritative legal source, capable of guiding IOs in reforming their internal law. Providing a variety of empirically-grounded and theoretical perspectives, this book is an excellent resource for researchers, scholars and students of law, arbitration and dispute resolution, public international law and international relations. Readers will also benefit from the applied nature of the text and the book's forward-thinking approach.

On July 4, 1653, the Nominate or Barebones Parliament convened with a minority of committed radicals (Levellers and religious extremists) and a conservative majority of Cromwell's allies. During acrimonious debates on law reform, the radicals demanded a condensed law book similar to the one adopted in Colonial Massachusetts. These mostly overlooked events reveal a radical wing of Puritanism determined to found a self-governing state, fully cognizant of the real possibility that England would interdict such attempts by force of arms. This work investigates the motives for such a hazardous undertaking, and the possible influences these events had on the colony's posterity.

The Seventh Edition of Information Privacy Law has been revised to include the California Consumer Privacy Act, the GDPR, Carpenter, state biometric data laws, and many other new developments. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, Information Privacy Law contains the latest cases and materials exploring issues of emerging technology and information privacy, and the extensive background information and authorial guidance provide clear and concise introductions to various areas of law. New to the Seventh Edition: Additional Coverage or updates to:    California Consumer Privacy Act    Carpenter v. United States    General Data Protection Regulation    State biometric data laws    New FTC enforcement actions, including Facebook Professors and students will benefit from: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy.  Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing regulation. Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA.

This book explore the power of judicial review as held by the United States Supreme Court. The legal analysis fuses with an exploration of democratic theory, We the People, efforts in contesting this power. It also explores the class status of the American Constitution and the difficulties of amending it through its many protections against making major changes to its structure. The book makes inquires as to whether the document should be preserved as interpreted by Originalists or can be subject to change as interpreted by Progressives---the "Living" Document theorists and the "Dead" Document opponents. It is argued that the power of judicial review must be withdrawn from the Supreme Court and the need for the modernization of the American political institutions. The book's approach is to use an interdisciplinary methodology by which it weaves a linear and non-linear aspects of inquiry. The book will be of interested to a broad readership, including those working in the fields of (constitutional) law, legal history. political philosophy, political science and political theory.

An essential primer on impeachment for today's divided public square We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today's partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy. Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power. Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.

Like having a lawyer on your desk Nolo's LLC Handbook is your one-stop legal guide for forming and maintaining your multi-member LLC. The book explains the forms and agreements you'll use to manage the legal aspects of your LLC, including: choosing and reserving a business name filing articles of organization creating an operating agreement creating a buyout agreement managing transfers of LLC interests maintaining legal and tax compliance dissolving your LLC Nolo's LLC Handbook is a practical guide for the life of your LLC.

Legal Writing Made Simple: A Step-by-Step Approach demystifies the writing process by providing concrete formulas for mastering both objective and persuasive legal writing. Put simply, at each juncture of your journey to become a proficient legal writer, this book gives you a roadmap to follow, broadly starting with the macro-formula CRAC (Conclusion, Rule, Analysis, and Conclusion) and then moving to micro-formulas for each part of the macro-formula. The book uses a federal employment discrimination claim as the basis for walking you through all stages of the litigation and writing process: researching and reading both the law and facts, understanding the law, assessing a case, arguing a case, and finalizing your work product. The goal is that with real-life examples and formulas to get you started you will never find yourself lost--that is, you will never find yourself facing an entirely blank page without direction.

Our current times are brimming with social activism. Some say that the U.S. has not seen this level of activism since the 1960s. Activists fervently believe that their efforts will lead to social change. On the other hand, many who observe activists believe that activist efforts are strident and ineffective. Who is right? Emotions, Activism, and Social Change takes up that question, drawing on insights from sociology, social psychology, philosophy, and law and society. This book focuses particularly on anger, and investigates competing views about the emotion. On the one hand, activists believe that anger is the key way to signal both their commitment to their cause and its moral justness. In contrast, those observing activists often believe activist anger is irrational and dangerous. The book posits that the contradictory rules about anger reflect facts about who holds power in our current society as well as about who constructs emotional labor rules about race and gender. Instead of prioritizing an individual actor's point of view, the book situates emotional labor within a web of relationships. That reorientation reveals how activists might reconsider the role of anger in their work and construct new practices that better support social change. The text investigates some examples of social change involving changing the law to demonstrate the way in which that new approach to anger can be effective.

Domestic Violence: Legal and Social Reality, Second Edition is a domestic violence casebook featuring cases, statutes, notes, interdisciplinary materials, narratives, and problems. The text is illuminated by a particular sensitivity to the victim's perspective as well as to issues of race, ethnicity, social class, and sexual orientation. New to the Second Edition: Most up-to-date treatment, including coverage of pending Violence Against Women Act (VAWA) Reauthorization Act of 2018, federal guidance on campus sexual assault, reversal of federal policy on asylum, and national screening recommendations Inclusion of new cases addressing same-sex intimate partner violence, federal firearms laws, tribal law, lethality assessment, and cyberstalking Coverage of cutting-edge issues of revenge porn and role of domestic violence in mass shootings New developments in child custody law, including the "safety-first" paradigm Professors and students will benefit from: Materials reflecting the social reality of intimate partner violence through human-interest narratives that complement the cases Integration of interdisciplinary perspectives, including excerpts, notes, and questions emanating from history, literature, psychology, sociology, social work, criminology, and medicine Analyses of current social science research to enhance student understanding Focus on cutting-edge areas of law and often-ignored issues Coverage of the full range of types of abuse Presentation of a variety of problem exercises derived from actual cases and current events Easy adaptation to shorter or longer courses

What would happen if policing disappeared? Would we be safe? This book imagines a world without police. It's evident that policing is a problem. But what is the best way forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete. Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing. McHarris challenges us to envision a future where safety is not synonymous with policing but is built on the foundation of community support and preventive measures. He explores innovative community-based safety models (like community mediators and violence interrupters), the decriminalization of driving offenses, and the creation of nonpolice crisis response teams. McHarris also outlines strategies for responding to conflict and harm in ways that transform the conditions that give rise to the issues. He asks us to imagine a world where people thrive without the shadow of inequality, where our approach to safety is a collective achievement. McHarris writes, "What if our response to crisis wasn't about control but about care? How can we create conditions where safety is a shared responsibility? How can we design justice so that no community is routinely oppressed? Envisioning such a world isn't just a daydream; it's the first step toward building a society where violence and fear no longer dictate our lives." Transformative and forward thinking, Beyond Policing provides a blueprint for a brighter, safer world. McHarris's vision is clear: we must dare to move beyond policing and foster a society where everyone has the resources to thrive and feel safe.

Everything you need to get organized Do your loved ones know where to find your life insurance policies, online banking passwords, real estate deeds, or even your will? If you're like a lot of people, you keep important information--from the whereabouts of family heirlooms to online passwords to automatic bill-pay details--in your head or stashed in the odd desk drawer. Unfortunately, this disorganization will likely cause hassles for those who someday take care of you or your estate. Get It Together provides an easy, straightforward method to help you and others keep track of: secured places and passwords employment records insurance policies real estate records tax records retirement accounts estate planning documents funeral arrangements letters to loved ones This book is organized to make the process straightforward. In the first half, you'll find the pages to create your personal planner. In the second half, you'll find step-by-step instructions and helpful resources.

This book covers deceptive ideological propositions, specious laws, and folklore, all of which maintain women's continuing subjection. Chapter 1 is entitled Feminist Lens on Gender Violence: Patriarchal Hierarchy of Status and discusses how violence against women is likely rooted in the continuing transmission of patriarchal ideologies. Chapter 2 is entitled Violence Directed at Women: Re-Engineering Old Laws with Newly-Infused Ideologies and discusses how any law against violence, confected solely to punish incels committing violence against so-called 'Stacys' would fail the test of cogent pragmatic elaboration of appropriateness and justice. Chapter 3 is entitled The Misogyny of Incels: Ideological Narrative Transmission into Folklore, and it discovers, then discusses, men's goals which have been made unreachable by insemination in ideological propositions of misogyny, and state sponsored misogyny which has been maintained by publicly debating terrorism risks to women. Chapter 4 is entitled A War Formula for Male Dominance: Ideology of Patriarchy and discusses how only one person could literally occupy, in a military sense, the production of affective guilt in other persons, and how this could be done by men in large power groups controlling patriarchal social structures. Chapter 5 entitled The Marital Rape Exemption: Chattel Slavery of Women by Coverture discovers the specious ideological conception of 'marital unity', arising from the Christian 'one-flesh' doctrine, combined with the common law legal fiction of 'coverture'. Chapter 6 entitled Neofeudalism in Food Security: Patriarchal Coercion and Expropriation discusses that wwherever a feudal male worked, and had food expropriated from him by feudal Lords, so too, by the forces of patriarchal feudal hierarchy, did women suffer consequent food deprivation by expropriation, with this situation subsisting to this day in so-called inflationary food prices. Chapter 7 entitled Aboriginal Women's Complaints: Ignored in Judicial Discourse discusses Aboriginal womens' narrative text whom all suffer instances of deceptive rhetoric to remove either their rights or the appendant correlative duties to their exigencies of life.

Mastering Native American Law is designed to provide readers with an overview of the field and serve as a useful supplement to classroom instruction covering Tribal nations governance and law, federal Indian law, and Tribal Nation-state government relations. In ten chapters, the book provides the reader with a foundational understanding of core concepts stemming from American Indian and Alaska Native Tribal Nations. This third edition keeps pace with Tribal Nation legal developments in relation to policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decisions on the extent of criminal prosecutorial authority in Indian Country and the federal legislative authority for the Indian Child Welfare Act. The text also serves as a practical guide for Tribal law practitioners and lawyers that are looking to expand their knowledge of Native American law. The topics include: Native American Property Law; Criminal Jurisdiction in Indian Country; Tribal Government, Civil Jurisdiction and Regulation; Family Law in Tribal Nation Communities; Tribal Nation-State Government Relations; and Sacred Sites, Cultural Property Protection, and Repatriation. Throughout the text, explanations of the relevant interaction between the over 570 Tribal Nations, the United States federal government, and state governments are included in the various subject areas. In Chapter 10, "International Indigenous Issues and Tribal Nations," the significant evolution of collective rights in international documents is discussed in depth, as these documents have relevance for Tribal Nations in relations with the United States. Suitable for Native American law courses, law school seminars on topics in Native American Law, undergraduate and graduate level American Indian and Alaska Native Studies classes, and those interested in the field, this book provides an easy-to-read text to guide readers from the historical to the contemporary on the major aspects of Tribal Nations law and policy.

This Research Handbook examines the evolution of understandings and legal definitions of domestic abuse, illustrating the importance of expanding these beyond physical violence to encompass coercive control. Drawing on academic literature, legal doctrine and the lived experiences of victims and survivors, it highlights how responses to domestic abuse can be improved in civil, family and criminal justice systems. Through an analysis of global legal developments, contributing authors identify failures in the handling of domestic abuse and provide expert insight into how to address these. They focus in particular on the law and processes for obtaining protection orders across jurisdictions, and the handling of domestic abuse in financial and child arrangement proceedings following the breakdown of a relationship. Chapters also cover key issues such as LGBTQ+ intimate partner violence, the prosecution and sentencing of domestic abuse and defences for victims/survivors. The Research Handbook emphasises the importance of effective legal responses to domestic abuse in fulfilling human rights treaty obligations. The Research Handbook on Domestic Violence and Abuseis an essential resource for scholars and students of family law, criminal law, criminal justice and social policy. It is also an important guide for legal professionals seeking to sensitively handle cases involving domestic abuse.

This textbook will serve as a valuable supplement for students who are struggling with the intricacies and nuances of the drafting of legal documents. The book's primary focus is on the typical predictive memos and persuasive briefs that are fundamental documents produced by practicing attorneys. The book covers the basic skills of legal writing in the use of the CREAC and C-RAC paradigms that are the source of initial confusion and difficulty for many beginning law students. In particular, the substantive organization of legal documents, the effective use of paragraphs, the proper identification of issues and rules, the value of fully formed headings and concisely stated rule statements, the importance of thorough research and accurate citations, and the importance of correct grammar and punctuation are explained in text and with examples. The main thesis is drawn from the author's "White-Glove Inspection," which is a ten-step proofreading system that isolates each of the necessary writing skills to ensure the production of an error-free, reader-friendly legal document. Thus, every aspect of grammar and punctuation that can otherwise plague a legal writer is explained, from the identification of every punctuation mark to the grammatical parts of a sentence. The Law Students' Guide to Effective Legal Writing also presents ways for students to understand the logic of legal reasoning with tools like the jigsaw puzzle of the law, the mirror-image approach, and the A=B=C conceptualization of the CREAC paradigm. Terms like "the next case" and "no spare parts" enliven the text and provide students with ways to appreciate the beauty of the perfectly written legal analysis.

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act into law, providing every American with the opportunity to have guaranteed health care coverage. The Affordable Care Act--frequently referred to as Obamacare--is almost synonymous with Obama's presidential legacy and reflects a series of key decisions that he made beginning before he took office. As Meena Bose shows, it was Obama's particular brand of pragmatic politics that ultimately shaped the passage of the Affordable Care Act and made a lasting mark on health care reform in the United States. Pragmatic Vision examines eight of Obama's decisions that resulted in the landmark enactment of health care reform, starting with his commitment to health care reform in the 2008 presidential campaign and concluding with his decision to allow for flexibility with its implementation, following technical hurdles and Supreme Court rulings. Bose shows that Obama's steadfast commitment to the issue was crucial to its passing, especially after the Democrats lost their filibuster-proof majority in the Senate. Obama's direct engagement built key political support for the legislation and was aided by the senior White House staff and Democratic leaders in Congress who skillfully navigated the bill to passage just fourteen months after Obama took office. The story of Obama's leadership in enacting the Affordable Care Act is a tale of today's partisan divide and the polarization of Congress. The legislation passed on a party-line vote and continued to divide politicians long after its passage. Nevertheless, despite repeated efforts by Republicans to repeal the law, it is more popular today than ever and seems destined to remain in force until the next stage of reform. Pragmatic Vision is an authoritative guide to this singular achievement of the Obama administration.

Everyday items found at the sites of atrocities possess a striking emotional force. Victims' garments, broken glasses, wallets, shoes, and other such personal property that are recovered from places of death including concentration camps, mass graves, and prisons have become staples of memorial museums, exhibited to the public as material testimony in order to evoke sympathy and promote human rights. How do these objects take on such power, and what are the benefits and pitfalls of deploying them for political purposes? A Victim's Shoe, a Broken Watch, and Marbles examines how artifacts of atrocities circulate and, in so doing, sheds new light on the institutions and social processes that shape collective memory of human rights abuses. Lea David traces the journeys of what she terms "desire objects": their rediscovery at the locations of mass atrocities, their use in forensic and legal procedures, their return to the homes of grieving families, their appearance in public spaces such as museums and exhibitions, and their role in political protests. She critically investigates the logic that shapes why and how desire objects gain symbolic power and political significance, showing when and under what circumstances they are used to promote particular worldviews and narratives. Featuring both novel theoretical methods and keen empirical analysis, this book offers important insights into the shortcomings of common assumptions about human rights.

This edition of Public International Law in a Nutshell remains a concise yet accurate summary of the field of public international law, covering its basic structure, sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, use of military force, and U.S. foreign relations law. This edition, which is intended to be helpful for students, scholars, and practitioners alike, is fully updated to include recent treaties, practice, institutions, and International Court of Justice decisions.

The book explores the regulatory and institutional aspects of global governance of space cybersecurity. Focusing on the regulatory aspects, this book argues that the current international law cannot handle the threats posed by malicious cyber and space activities, as regulatory gaps exist owing to terminological ambiguities and legal loopholes. A law-making process in the space field is proposed with a focus on developing soft law instruments through multistakeholder platforms. To enhance the implementation and enforcement of laws concerning space cybersecurity, it is crucial to emphasize the roles of international organizations and industries. Furthermore, empowering existing international institutions with supervisory powers, and promoting national legislation and domestic judicial systems are feasible approaches to enhance compliance with the law. The book will attract international law scholars, especially those studying space law and cyber law

This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order. Chapter authors critically discuss the evolution of core understandings of the relationship between international and domestic law, and how this has been affected by specific actors and contexts in a changing global order, particularly imperialism, decolonisation, the post-Cold War era, and more recent trends, such as geopolitical shifts and the rise of populism. They examine concepts such as monism, dualism and pluralism, as well as the legal techniques and doctrines employed to govern the relationship, including approaches to treaty making, constitutional protection and conventionality control. The Handbook ultimately champions fresh perspectives on interlinkages between the international and the domestic in a multipolar world. The Research Handbook on International Law and Domestic Legal Systemsis a vital resource for students, scholars and practitioners of public international law, constitutional law, comparative law, and legal theory as well as readers with a background in international relations.

This book examines the development of regulatory policy since the 1960s, focusing on how each president, from Nixon to Biden, stimulated reform. The scope of the book includes the newer social policies of civil rights, safety, and environmental protection as well as economic, financial, and antitrust policies. Looking to the future, John D. Graham offers a promising regulatory-reform agenda for Congress, the executive branch, and the judiciary. Graham explores the public demands that gave rise to the modern administrative state as well as the crosscurrents that led to better regulation, deregulation, and improved rulemaking processes. He investigates the different meanings of 'regulatory reform' among progressives and conservatives and how progress in science and analytic tools have influenced regulatory reforms. Tracing the impact of presidential initiatives on Congressional and agency decisions, he makes a compelling case that the president has emerged as the dominant actor on regulatory-reform issues. He also shows the complex interplay between the president and the courts, with judicial review acting as both a check on - and enhancer of - presidential power. This book is essential reading for students and scholars of regulation and governance, public administration and policy, and public management. It will also be of special interest to students of administrative law, benefit-cost analysis, and presidential studies.

Devastating hurricanes, deteriorating infrastructure, massive public debt, and a global pandemic make up the continuous crises that plague Puerto Rico. In the last several years, this disastrous escalation has placed the archipelago more centrally on the radar of residents and politicians in the United States, as the US Congress established an oversight board with emergency powers to ensure Puerto Rico's economic survival--and its ability to repay its debt. These events should not be understood as a random string of compounding misfortune. Rather, as demonstrated by Jose Atiles in Crisis by Design, they result from the social, legal, and political structure of colonialism. Moreover, Atiles shows how administrations, through emergency powers and laws paired with the dynamics of wealth extraction, have served to sustain and exacerbate crises. He explores the role of the local government, corporations, and grassroots mobilizations. More broadly, the Puerto Rican case provides insight into the role of law and emergency powers in other global south, Caribbean, and racialized and colonized countries. In these settings, Atiles contends, colonialism is the ongoing catastrophe.

Do you know what the Constitution actually says? This witty, highly relevant annotation is your go-to guide to how the U.S. government works (or is supposed to work). Written by political savant Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, What Does the Constitution Actually Say? is an entertaining and accessible primer on what our Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English (so that it can be understood), What Does the Constitution Actually Say? gives you everything you need to be an effective voter and citizen in the November elections and beyond.

What was it like to work as a Jewish district attorney in provincial Soviet Ukraine in the post-Stalinist eras? What role did antisemitism and Holocaust memories play in solving and investigating the criminal cases? How does a detective's mind work? The answers to these and many other fascinating questions are found in this book. Mikhail Goldis (1926-2020) worked as a detective and district attorney for 30 years in Ukraine and wrote his memoirs after immigrating to the US in 1993. Translated by Marat Grinberg, a prolific scholar of Russian and Jewish literature and cinema, the memoirs tell the rich and poignant story of Goldis's life and what it took for a Jew to navigate and survive in the halls of Soviet power. 

Brown v. Board of Education of Topeka, Kansas (1954) is regarded as one of the most significant civil rights moments in American history. Historical observers have widely viewed this landmark Supreme Court decision as a significant sign of racial progress for African Americans. However, there is another historical perspective that tells a much more complex tale of Black resistance to the NAACP?s decision to pursue desegregating America?s public schools. This multifaceted history documents the intra-racial conflict among Black Topekans over the city?s segregated schools. Black resistance to school integration challenges conventional narratives about Brown by highlighting community concerns about economic and educational opportunities for Black educators and students and Black residents' pride in all-Black schools. This history of the local story behind Brown v. Board contributes to a literature that provides a fuller and more complex perspective on African Americans and their relationship to Black education and segregated schools during the Jim Crow era.

This book offers a comprehensive overview of the legal principles governing the relationship between the U.S. government and Native American tribes. Cohen's work is foundational for understanding the complex legal landscape of tribal sovereignty, treaty rights, and federal Indian law, providing essential guidance for legal practitioners, scholars, and policymakers involved in Native American issues.

As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions--the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore--with meticulous attention to each jurisdiction's pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.

A powerful debunking of First Amendment orthodoxy that critiques "reckless speech," which endangers vulnerable groups, and elevates "fearless speech," which seeks to advance equality and democracy. Freedom of speech has never been more important--or more controversial. From debates about what's permissible on social media, to the politics of campus speakers and corporate advertisements, the First Amendment is incessantly in the news and constantly being held up as the fundamental principle of American democracy. Yet, in reality, it has contributed more to eroding our democracy than supporting it. In Fearless Speech, Dr. Mary Anne Franks emphasizes the distinction between what speech a democratic society should protect and what speech a democratic society should promote.  While the First Amendment in theory is politically neutral, in practice it has been legally deployed most visibly and effectively to promote powerful antidemocratic interests: misogyny, racism, religious zealotry, and corporate self-interest, in other words, reckless speech. Instead, Franks argues, we need to focus on fearless speech--speakers who have risked their safety, their reputations, and in some cases their lives, to call out injustice and hold the powerful accountable. Whether it be civil rights leaders, the women of the #MeToo movement, or pro-choice advocates, Franks shows us how their cases and their voices can allow us to promote a more democratic version of free speech.  Told through an accessible narrative and ending with a call for change that urges us to reevaluate the legal precedents and uses of the First Amendment, Fearless Speech  is a revelatory new argument that urges us to reimagine what our society could look like. 

At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

The intersection of gender, environment, and human rights reveals a complex interplay that underscores the need for an inclusive approach to addressing global challenges. Gender disparities often influence how individuals experience and respond to environmental issues, with women and marginalized communities frequently bearing the brunt of environmental degradation and climate change due to socio-economic inequalities. Integrating a gender perspective into environmental and human rights frameworks is crucial for achieving equitable and sustainable solutions. This approach ensures that policies address the specific needs and contributions of all genders, promoting justice and empowerment while safeguarding environmental resources. Recognizing and addressing these intersections can lead to more effective and inclusive strategies for protecting human rights and fostering environmental sustainability. Gender, Environment, and Human Rights: An Intersectional Exploration raises awareness about the interconnectedness of gender dynamics, environmental sustainability, and human rights violations, fostering a deeper understanding among readers. It advocates for change by spotlighting existing injustices and empowering readers to engage in meaningful action, whether at the individual, community, or policy level. Covering topics such as climate change, knowledge systems, and sustainable development, this book is an excellent resource for academicians, scholars, policymakers, activists, students, educators, and more.

This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reforms, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, capital punishment, broadening sexual assault law, self-defense by battered women, police use of force in making arrests, euthanasia, the role of culture in determining culpability), offers exceptionally helpful and interesting (sometimes even humorous) Notes and Questions to guide students, and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." The Ninth Edition, as in the past, includes new cases, as well as updates in the Notes that bring current criminal justice to the fore.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thoroughly revised third edition of the Advanced Introduction to International Tax Lawprovides an incisive overview of the key issues surrounding taxation and international law. Reuven S. Avi-Yonah explores the nuances of varying taxation systems using relevant and current case studies. Highlighting forward-thinking insights and research, this book explains tax treaties, how taxation is applied to income flowing across national borders, and how the limits imposed on such taxes have evolved over time. Avi-Yonah outlines the international tax regime regarding the foreign income of residents as well as the domestic income of non-residents, and how it has been dramatically modified in the last decade to address base erosion and profit shifting. Newly added chapters investigate contemporary issues such as BEPS 2.0 and the recent adoption of the OECD Two-Pillar solution by over 140 countries. Key Features: Defines the main principles of jurisdiction and how they apply to tax Critically analyses both inbound and outbound taxation, on both passive and active income Discusses transfer pricing, a variant of source-based taxation that lies at the heart of modern efforts to tax corporations at source Concise and insightful, this third edition continues to be a crucial resource for students and scholars of international tax law, international business law and international commercial law, as well as fiscal policy and finance. It is also of great benefit to practitioners and policy-makers.

This book examines the development and fundamental nature of legal pluralism. Legal pluralism evokes two distinctions: 'state' vs 'non-state' law; and 'law' vs 'non-law'. As such, although this book focuses upon circumstances where two or more legal orders compete to govern the same social space, it also addresses the nature of law in general. Drawing on material conflicts arising within jurisdictions such as Australia, Burundi, Cameroon, Gambia, the United States, and Zambia, this book explores the conceptual, moral, and political challenges that legal pluralism creates. Emphasising that non-state law carries no less dignity than that often ascribed to the legal orders of contemporary states, it advances a theoretically sophisticated argument in favour of recognising and respecting genuine cases of legal pluralism, wherever they arise. Accessible and thought provoking, this book will appeal to legal scholars, anthropologists, sociologists, and political and social philosophers as well as practising lawyers, judges, and policy makers who deal with issues of legal pluralism

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This prescient Research Agenda explores how comparative law has developed significantly in this century, offering insights into different perspectives on its scope, methods and outlook. It addresses the similarities and differences between legal systems and traditions, expressing why pluralistic methodology strengthens comparative law as a discipline. Chapters cover critical topics including decolonial comparative law, comparative law and cyberspace, and anthropological approaches to comparative law, ultimately constructing a theoretical framework that builds towards future potential research ventures. Editor Jaakko Husa brings together a strong collective of experts to illustrate how the plurality and interdisciplinary nature of the field does not necessarily lead researchers to a single, normative path. Legal scholars seeking new avenues for comparative law studies will find this Research Agenda highly inspiring, whilst students will also benefit from the book's leading scholarly insights.

Dozens of landmark legal cases, from 1973 to 2023, that drove transformative change from courtrooms to living rooms nationwide Lambda Legal, the pioneering non-profit legal organization, opened its half-century of archives to create a coffee-table book commemorating its 50th anniversary. Dozens of 'game-changing' legal cases winning and shaping the civil rights of the LGBTQ community are presented alongside a collection of curated archival material and historical images, chronicling the history and vital mission of the organization to advocate for the free and equal lives of LGBTQ people and people living with HIV. Through lively, detailed text and fascinating historical and contemporary images, including rarely seen and never-published images from the Lambda Legal's photo archive, dating back 50 years, to the beginning of the organization's history, this is the first book to celebrate and commemorate the societal impact of Lambda Legal's landmark strides for the civil rights of the LGBTQ community. Founded four years after the Stonewall Rebellion in New York City in 1973, Lambda Legal is the oldest and largest legal organization in the USA dedicated to achieving full equality for lesbian, gay, bisexual, transgender, and queer people. With unprecedented success, this trailblazing national civil-rights group has offices in six locations around the country and continues to improve lives for a diverse community of LGBTQ people, who, fifty years ago, were penalized, persecuted, and barely recognized under the law.

Clashes over free speech rights and wrongs haunt public debates about the state of democracy, freedom and the future. While freedom of speech is recognized as foundational to democratic society, its meaning is persistently misunderstood and distorted. Prominent commentators have built massive platforms around claims that their right to free speech is being undermined. Critics of free speech correctly see these claims as a veil for misogyny, white-supremacy, colonialism and transphobia, concluding it is a political weapon to conserve entrenched power arrangements. But is this all there is to say? Rethinking Free Speech will change the way you think about the politics of speech and its relationship to the future of freedom and democracy in the age of social media. Political theorist Peter Ives offers a new way of thinking about the essential and increasingly contentious debates around the politics of speech. Drawing on political philosophy, including the classic arguments of JS Mill, and everyday examples, Ives takes the reader on a journey through the hotspots of today's raging speech wars. In its bold and careful insights on the combative politics of language, Rethinking Free Speech provides a map for critically grasping these battles as they erupt in university classrooms, debates around the meaning of antisemitism, the "cancelling" of racist comedians and the proliferation of hate speech on social media. This is an original and essential guide to the perils and possibilities of communication for democracy and justice.

This study explores the ways in which theological ideas regarding the nature of God shaped the jurisprudential and legal landscape of Islam. Focusing on the traditionalist theological and jurisprudential thought of Ibn Taymiyyah (d. 728/1328) and Ibn al-Qayyim (d. 751/1350), this study traces the way in which these towering scholars critiqued the dominant theological-jurisprudential tradition of their day, which was influenced by dialectical theology. Against the dialectical theologians, Ibn Taymiyyah and Ibn al-Qayyim argued that an authentically fideist, consistent and rational theory of Islamic law could only emerge from an acceptance of the reality of God's voluntary attributes.

The rise of a significantly large (and young) Muslim population in the West, possessing no historical tradition of being a minority in a non-Muslim environment, has led to a recurring debate about the integration of Muslims into Western societies and the compatibility of Islam with Western values. The proliferation of Islamic sites to which thousands of Western Muslims turn to request a fatwa, i.e. a religious legal opinion on any issue, hints at the urgency felt by these Muslims to find a way out of this conflictual dialectic, since most of their questions concern precisely how to reconcile Islamic principles with some aspect of modern life in the West. The pervasiveness of these internet fatwas is a striking phenomenon worth of study that can help finding answers to the longstanding debate about the integration of Muslims in the West and in modern societies. raising interesting questions: What do Muslims in Western societies ask these virtual muftis and why? Who are they? What are their desires and concerns? In their asking, are these Muslims seeking integration or separation? Do these questions reflect common clichés about Muslims, as conveyed by some Western media narratives or not? Do they reason as individuals or as members of a religious community? This book presents a scientific study aimed at answering these questions through a statistical and discourse analysis of a large corpus of more than ten thousand fatwa questions extracted from the huge fatwa databases available on the internet.

As litigation rises against corporations and their climate change policies, this timely book examines their accountability and liability for climate change related matters. Covering both national and international law, it investigates approaches to corporate social responsibility, shedding light on how these strategies can help protect human rights and the environment. This book illustrates the potential and limitations of legal doctrines across human rights law, soft law, contract law, consumer law and non-contractual liability law for holding corporations responsible for climate change. The contributing authors explore interconnected aspects of corporate transnational climate law, relating contemporary problems to traditional areas of private law. Ultimately, this prescient book provides valuable legal insights into the challenges of corporate accountability and liability for climate change and identifies important pathways for the future of litigation. Corporate Accountability and Liability for Climate Changeis a valuable resource for students and scholars of corporate social responsibility and climate law and governance. It will also be of relevance to practitioners and policymakers with an interest in litigation and regulatory strategies.

United States International Taxation embodies two complementary goals: to provide tax students with a solid foundation in the applicable international tax rules and to enhance their skills in analyzing and applying complex statutes, regulations, and tax treaties. This fifth edition incorporates the tax law changes that have occurred since the publication of the fourth edition and also includes two new chapters that, from an inbound and outbound perspective, delve into the tax consequences attending cross-border partnership activities. Consisting of 17 chapters, this casebook provides a streamlined discussion of the most important concepts of the international tax law in the United States, including: residency and sourcing of income; the taxation of United States persons (citizens, residents, and domestic corporations) on their activities abroad (outbound transactions); the taxation by statute and treaties of foreign persons (nonresident alien individuals and foreign corporations) on their activities within the United States (inbound transactions); and the rules in place to curtail potentially abusive tax deferral in the international context through the use of foreign corporations by United States persons (safeguard provisions). As with prior editions, the fifth edition employs a problem-based approach. The model answers to these problems are set forth in an updated teacher's manual. Finally, given their importance in the international arena, the casebook addresses the role of tax treaties and includes in the appendix a reprint of the United States-Canada Tax Treaty and the Treasury Department's technical explanations of the various protocols thereof.

Bringing climate security and climate justice into dialogue, this topical book uses the Sahel as a case study to discuss the contrast between these two approaches and how they tend to lack an engagement with social, historical and political contexts. Tor A. Benjaminsen introduces the international debate on climate security, with a particular focus on Mali as a 'hub' country of the current security crisis in the Western Sahel. Providing a critique of simplistic narratives, he develops the idea of 'recognition' as a neglected aspect of justice in the literature on the Sahel, as well as in policy and media debates. Chapters cover topics including colonization, desertification and forest governance; pastoralism, moral economies of resistance and Jihadism; materialist political ecology; and green transformation, afforestation, land dispossession and context. The book ultimately demonstrates how issues of climate justice across Africa are embedded in the politics of social transformation towards low-carbon societies in rich countries. This book is an invaluable resource for students and scholars of climate justice and climate change, peace and security studies, environmental and development studies, geography and political ecology. Its practical implications are vital to environmental policymakers, NGO employees and climate activists worldwide.

The fourth edition of Understanding Employment Law continues to strike a balance between comprehensiveness and selectivity. It provides the substantive material needed to succeed in practice and in the classroom and on final examinations, without overwhelming the reader with details that are unduly esoteric or tangential. The book begins first with common-law employment doctrines such as employment-at-will, employment contracts, employment torts, workplace privacy issues, and restrictive covenants. It then turns to federal and state statutory regulation of the workplace, covering topics such as compensation (including wage and hour legislation and unemployment insurance), employee benefits (including leave time, pensions, and health insurance), and workplace safety legislation. The fourth edition provides an updated approach to a complex and multifaceted legal framework that is continually evolving.

This is the first comparative study of Mosaic and Islamic law in American history to be published. Constructing a complex picture in trans-Atlantic, trans-European and world historical perspectives, this book elucidates the intersections that lie beneath and behind the rise of the debates in the 1990s and 2000s over the promotion of the Ten Commandments and Mosaic Law as alleged sources of American Constitutional law and symbols of American national identity. These debates have taken shape in close connection with resurgent anti-Semitism, anti-Sharia protests and anti-Sharia legislation throughout the United States and other Western societies.

Informal and student-friendly, this best-selling study guide - highly recommended  by professors teaching Family Law courses - provides thematic coverage of a wide spectrum of Family Law topics, including family and marriage formation and regulation, divorce, non-marital relationships, and reproductive rights and technologies. Family Law: Examples and Explanations, Seventh Edition, combines clear text with examples and explanations that allow students to test their understanding of concepts and practice applying the law to real-life fact patterns. New to the Seventh Edition: New introductory chapter regarding the evolving definition and regulation of families in America Significant updates to chapters covering parentage, abortion, adoption, assisted reproductive technology, and alternative dispute resolution, including updated discussions of recent cases and legislation Updated hypothetical examples and explanations in each chapter based on real cases decided in the last few years Streamlined reorganization of chapters to prioritize recent trends in family law practice   Professors and students will benefit from: Updated materials--utilizes recent cases and legislation to make the material current and easily applicable Explanations include analysis of a wide range of state approaches to family law issues--this pedagogical approach provides valuable exam-writing skills for students Readable and accessible--incorporates case examples and recent news to spark interest in students Straightforward presentation--clear, introductory text enables students to understand and apply principles

How Big Tech is taking advantage of us, how AI is making it worse, and how we can create a thriving, AI-positive world. On balance, will AI help humanity or harm it? AI could revolutionize science, medicine, and technology, and deliver us a world of abundance and better health. Or it could be a disaster, leading to the downfall of democracy, or even our extinction. In Taming Silicon Valley, Gary Marcus, one of the most trusted voices in AI, explains that we still have a choice. And that the decisions we make now about AI will shape our next century. In this short but powerful manifesto, Marcus explains how Big Tech is taking advantage of us, how AI could make things much worse, and, most importantly, what we can do to safeguard our democracy, our society, and our future. Marcus explains the potential-and potential risks-of AI in the clearest possible terms and how Big Tech has effectively captured policymakers. He begins by laying out what is lacking in current AI, what the greatest risks of AI are, and how Big Tech has been playing both the public and the government, before digging into why the US government has thus far been ineffective at reining in Big Tech. He then offers real tools for readers, including eight suggestions for what a coherent AI policy should like-from data rights to layered AI oversight to meaningful tax reform-and closes with how ordinary citizens can push for what is so desperately needed. Taming Silicon Valley is both a primer on how AI has gotten to its problematic present state and a book of activism in the tradition of Abbie Hoffman's Steal This Book and Thomas Paine's Common Sense. It is a deeply important book for our perilous historical moment that every concerned citizen must read.

This third edition of Research Methods for Law offers students in a range of disciplines - law, sociology, psychology, criminology, forensic science, social-legal studies and social welfare - an advanced introduction to research methods in an accessible and grounded way. As well as covering theoretical, comparative and interdisciplinary methods, the book breaks new ground by offering a focus on topics of contemporary and developing concerns in areas such as Artificial Intelligence, BRICS, Continental Legal Systems, Islamic Law, Gender, Race and the 'Virtual World'. The expert contributors draw on their vast experience in teaching and research to encourage students and provide sure pathways for their own enterprises with technical competence and adherence to ethical standards.

Protect your family with solid estate planning Estate planning sounds difficult--but most people just need a few basic documents. Let Nolo's Guide to Estate Planning show you how to protect your loved ones from legal hassles and financial uncertainty after your death. Learn about: wills and living trusts avoiding probate bypass (AB) trusts leaving property to children and naming guardians estate, gift, and inheritance taxes strategies for business owners health care directives, and financial powers of attorney. Nolo's Guide to Estate Planning replaces Nolo's long-standing bestseller Plan Your Estate and is completely updated and refreshed for today's reader. Applies in all U.S. states except Louisiana.

Employing the unique, time-tested Examples & Explanations pedagogy, Examples & Explanations: Criminal Law combines textual material with well-written and comprehensive examples, explanations, and questions to test students' comprehension of the materials and to provide practice in applying information to fact patterns. The questions, which often raise a variety of issues in one fact situation, are similar to those on a law school or bar examination.   New to the Ninth Edition: Discussion of self-defense and police use of force issues Discussion of changes in model penal code rape law Interesting hypothetical situations based on real cases in recent years   Professors and students will benefit from: Updated materials--utilizes well-known cases that have not made the appellate courts or even gone to litigation to make the material current and easily applicable Explanations include analysis of both prosecution and defense--this pedagogical approach provides valuable exam-writing skills for students Readable and accessible--often incorporates popular culture and humor to spark interest in students Highly recommended as the most popular preparation resource for Criminal Law-- including by Atticus Falcon, author of Planet Law School, an orientation guide for students about to begin law school Straightforward presentation--clear, introductory text enables students to understand and apply principles Visual aids--tables and charts demonstrate legal standards and concepts

This edited collection proposes a wide range of approaches to address the legal issues pertaining to the end of the fossil fuel era. While the fossil fuel era is coming to an end both because of the inherent limits of its resources and because of the need to prevent to further pump out CO2 in an already saturated atmosphere, the legal dispositions to ensure an ordered and rational shift toward cleaner energy still need to be developed. Not only in relation to CO2 emissions themselves but also in relation to the manifold issues related to environmental justice in an era of global climate change and global warming. This book is unique in that it provides a theoretical framework but also works to address cutting edge issues through a series of case studies.  

Pay less to the IRS For any home business, claiming all the tax deductions you are entitled to is essential to your business's financial success. Don't miss out on the many valuable deductions you can claim. Here, you'll find out how to deduct: start-up costs home office expenses vehicles, meals, and travel expenses medical expenses, and retirement expenses. Easy to read and full of real-life examples, this book can help you take advantage of all the valuable deductions you are entitled to. You'll also learn how to keep accurate, thorough records in case the IRS comes calling.

As a legal professional in the 21st century, you have to figure out how to stand out from the crowd. Times have changed, and it has never been this difficult for legal professionals to cut through the distractions, build meaningful connections, and run law practices they actually like. However, it is not impossible. Your online video content can change everything. Legal professionals are living in the middle of a digital revolution, and this revolution - unlike those of the past -will be televised. As attorneys, paralegals, law students, and legal professionals, a key element of surviving and thriving in this new era will be harnessing the power of video. In this book, business attorney and coach, Temi Siyanbade shares her proven strategies for how you can leverage video to create long-lasting impressions that resonate with potential clients and colleagues and establish you as the go-to attorney in your niche practice area. With almost a decade of experience building a boutique law firm in one of the busiest metropolitan cities in the nation and coaching attorneys across the nation, Siyanbade is no stranger to the overwhelm and fear that paralyzes most legal professionals wanting a play-by-play video strategy. In Show, Don't Tell: How Lawyers Can Use Video to Stand Out, Create More Value and Revolutionize Their Firms, Siyanbade provides practical tools, trustworthy advice, and clear guidance to help legal practitioners harness the power of video in their firms. This book, filled with actionable strategies and examples, will help reframe how legal professionals think about and use video in their law firms.

To help you understand and adopt more proactive dispute prevention practices, this comprehensive guide provides effective dispute prevention mechanisms to help control and eliminate contract disputes and successfully manage better business relationships. The guide focuses on proven dispute prevention mechanisms, why they help prevent disputes, and how they work in practice. Contract disputes are costly, interfere with business productivity, result in economic waste, and destroy business relationships. If you are ready to take action to prevent disputes before they occur, this valuable guide provides proven prevention mechanisms to effectively avoid and prevent business disputes. Written by leading authorities, the book introduces the why and what of dispute prevention and includes a case study of an organization that is shifting from reactive dispute resolution to applying proactive dispute prevention practices. This guide will help you better understand the detailed workings of prevention-focused mechanisms, which include formalizing and managing the business relationship. An overview of the mechanisms is discussed, why they are effective in preventing disputes, and how organizations are putting them into practice. Additionally, the authors include suggestions for designing a Dispute Management System, as well as a compelling business case for why you should make the shift to dispute prevention

Transfer pricing is the largest tax and accounting issue for multinational entities with substantial related party transactions. It is a complex valuation concept that impacts taxable income in multiple jurisdictions, customs valuations, state taxes, and financial reporting. The transfer pricing issue is present in approximately half of United States import and export transactions, and has recently produced multiple cases involving disputes over billions of dollars of tax, penalties and interest.

A prizewinning historian uncovers one of the earliest instances of reparations in America--ironically, though perhaps not surprisingly, paid to slaveholders, not former slaves "A spectacular achievement of historical research. Forret shows for the first time just how far the American government went to secure reparations." --Robert Elder, author of Calhoun: American Heretic In 1831, the American ship Comet, carrying 165 enslaved men, women, and children, crashed onto a coral reef near the shore of the Bahamas, then part of the British Empire. Shortly afterward, the Vice Admiralty Court in Nassau, over the outraged objections of the ship's owners, set the rescued captives free. American slave owners and the companies who insured the liberated human cargo would spend years lobbying for reparations from Great Britain, not for the emancipated slaves, of course, but for the masters deprived of their human property. In a work of profoundly relevant research and storytelling, historian and Frederick Douglass Prize-winner Jeff Forret uncovers how the Comet incident--as well as similar episodes that unfolded over the next decade--resulted in the British Crown making reparations payments to a U.S. government that strenuously represented slaveholder interests. Through a story that has never been fully explored, The Price They Paid shows how, unlike their former owners and insurers, neither the survivors of the Comet and other vessels, nor their descendants, have ever received reparations for the price they paid in their lives, labor, and suffering during slavery. Any accounting of reparations today requires a fuller understanding of how the debts of slavery have been paid, and to whom. The Price They Paid represents a major step forward in that effort.

There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

While Palestinians continue to face the threat of expulsion from their homes, identifying legal mechanisms that can be used to assert Palestinian's property rights is needed more than ever. This book provides a legal analysis of the right to reparation of Palestinian refugees under international law for the destruction and expropriation of their property during the Nakba . Discussing the legal landscape related to property ownership prior to the creation of the State of Israel and the legal basis for the right to reparation under international law, Lena El-Malak advocates for a law-based approach to enforce this right and the form it should take. The book demonstrates how the legal rights of Palestinian refugees, specifically as related to their properties, have been marginalized and excluded from the political discourse of the "peace process". Here, the legal rights of Palestinian refugees are demonstrated, challenges for invoking these rights in international and domestic courts are determined, and forms of restitution and compensation outlined. This study offers a timely contribution to provide a comprehensive legal, as opposed to a political, economic or historical analysis, of the right to reparation of Palestinian refugees for their property losses. Additionally, the book seeks to demonstrate the importance of adopting a legal framework in any future negotiation for a peaceful resolution to this long standing struggles for liberation.