New Books: June 2023

The International Criminal Court (ICC), created in 2002 to combat impunity, projects a sense of unfairness and stirs an unending debate. A trial before the court epitomizes the controversy surrounding it, perceived as a neocolonialist tool in the hands of the most powerful nations. This research critically examines the trial of the former president of Ivory Coast, Laurent Gbagbo. The two-decade crisis in Ivory Coast was a series of armed, diplomatic, and political conflicts in which human rights were violated by all sides. Military confrontation resumed as a result of an electoral stalemate that followed a controversial presidential election in the fall of 2010. The most atrocious human rights abuse was perpetrated at the end of March 2011 by the rebel forces backed by the French and the United Nations troops: the massacre of Duékoué. In one day, hundreds of Laurent Gbagbo's followers were killed. However, the ICC undertook a selective prosecution against Gbagbo's camp.After a trial of eight years, Laurent Gbagbo was finally acquitted. The news of his unanticipated acquittal shocked the world. Later, that decision was overturned and transformed into freedom with binding and coercive conditions by the Appeals Chamber, which had succumbed to political pressure. The former president of Ivory Coast spent months of confinement in Belgium until the Appeals Chamber rebutted the prosecutor's appeal against his release and confirmed his total acquittal and that of Blé Goudé. He eventually went back to Ivory Coast on June 17, 2021.The trial of Laurent Gbagbo before the ICC, despite his acquittal (a tardy one), reflects a series of biases germane to international law and international justice, such as the victor's justice stance, the conflict between national law and international law, the question of sovereignty, and the issue of lawfare. The trial of Laurent Gbagbo, which was the hallmark of the selective international justice system embedded in unfairness, led to a historical landmark with his shocking acquittal, which led to the indictment of the International Court, whose fate has thus been sealed before history.

An in-depth examination of the law and geopolitics of China's maritime disputes and their implications for the rules of the international law of the sea   China's Law of the Sea is the first comprehensive study of the law and geopolitics of China's maritime disputes. It provides a rigorous empirical account of whether and how China is changing "the rules" of international order--specifically, the international law of the sea.   Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China's leaders have begun to implement "China's law of the sea": building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China's preferred maritime rules on the water and in the diplomatic arena.   Isaac B. Kardon examines China's laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants' reactions to these Chinese practices, because other states must acquiesce for China's preferences to become international rules. China's maritime disputes offer unique insights into the nature and scope of China's challenge to international order.

This volume arose from a desire to advance academic discourse and reflection on the broader subject of prolonged occupation, in light of the permanent character, and resulting implications of, the 55 year Israeli administration of the Palestinian Territories. The roots of the volume lie in a 2018 academic conference on "The Threshold from Occupation to Annexation". The present volume moves that discussion forward, updating and widening the range of topics addressed. The result is a collection of thought-provoking contributions by a wide range of scholars on the challenging and critical issue of prolonged occupation and international law, ranging from colonialism, apartheid, the illegality of occupation and potential international criminal liability. "This volume reminds us forcefully that international law is alive and vibrant and can, with imagination and in concert with social movements, move us forward in the struggle for justice in Palestine, and elsewhere. It is a signal achievement." George Bisharat, The Honorable Raymond L. Sullivan Professor of Law, University of California Hastings College of the Law. "Into today's "deepening environment of political inertia" (co-editor Nada Kiswanson) comes this searing collection of essays examining international legal frameworks and legal responsibilities closely and tangibly informed by the painful realities of Palestinian life under prolonged Israeli occupation. The editors, authors, convenors and everyone else involved are to be congratulated on producing a volume that will surely become a seminal resource for anyone serious about studying what Palestine has to teach us about international law." Lynn Welchman, Professor, School of Law, SOAS University of London. "Scholarly and comprehensive, this impressive collection of essays by renowned experts...offers a tour d'horizon of the fundamental legal issues raised by Israel's prolonged occupation of Palestine as well as potential remedies that can confront the illegalities." William A. Schabas, Professor of International Law, School of Law, Middlesex University.

Powerful, innovative Indigenous self-governance regimes are increasingly important players in Canadian politics, but little academic work has been done on their structure, operation, and effectiveness. "We Are In Charge Here" examines the central institution of the most populous Indigenous self-governance regime in Canada, the elected Assembly of the Nunatsiavut Government. Nunatsiavut – "our beautiful land" in Inuktitut – was established in 2006 by a modern treaty between the Labrador Inuit and the Canadian state. Graham White offers a thorough observation of the Assembly, based on interviews with Assembly members and others involved in Nunatsiavut politics, observation of Assembly sessions, and a review of official documents, in order to provide a comprehensive picture of the Assembly, its members, and its operations. The book examines the Assembly’s effectiveness in performing traditional legislative functions such as representation, policy making, and accountability. It addresses key concerns including executive-legislative power relations, Inuit influence on Assembly operations, and the Assembly’s role in realizing self-government. Illuminating the intersection of Indigenous self-governance approaches and Western institutions, "We Are In Charge Here" will be of interest to political leaders, legislative officials, and academics concerned with the design and on-the-ground functioning of Indigenous self-government.

The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law.It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.

This is the first scholarly book to examine the UN Sustainable Development Goals from an indigenous perspective and, specifically, with reference to the right to self-determination. It refers to the UN Declaration on the Rights of Indigenous Peoples and domestic instruments such as New Zealand's Tiriti o Waitangi to suggest how the goals could be revised to support self-determination as a more far-reaching and ambitious project than the goals imagine in their current form. The book primarily draws its material from Australia, Canada, and New Zealand to support analysing the goals' policy relevance to wealthy states and the political claims that indigenous peoples make in established liberal democracies.

This book explores one of the most disturbing intellectual dilemmas of our time -- that our beloved First Amendment is being exploited in the name of the dumbing of America. It is the first book to examine the popular culture of the First Amendment, specifically with reference to television, advertising, and pornography. Comparing the culture of popular discourse with traditional First Amendment ideals, the authors expose the vast gap between our speech practices and our speech principles. Is the tyranny of the trivialization of discourse a problem? In a dialogue-like way, the authors invite their readers to judge.

This new volume offers a broad overview of topics pertaining to gender-related health, violence, and healing. Employing a strength-based approach (as opposed to a deficit model), the chapters address the resiliency of Indigenous women and two-spirit people in the face of colonial violence and structural racism. The book centers the concept of "rematriation"--the concerted effort to place power, peace, and decision making back into the female space, land, body, and sovereignty--as a decolonial practice to combat injustice. Chapters include such topics as reproductive health, diabetes, missing and murdered Indigenous women, Indigenous women in the academy, and Indigenous women and food sovereignty. As part of the Indigenous Justice series, this book provides an overview of the topic, geared toward undergraduate and graduate classes. Contributors Alisse Ali-Joseph Michèle Companion Mary Jo Tippeconnic Fox Brooke de Heer Lomayumtewa K. Ishii Karen Jarratt-Snider Lynn C. Jones Anne Luna-Gordinier Kelly McCue Marianne O. Nielsen Linda M. Robyn Melinda S. Smith Jamie Wilson

A former public defender testifies to the vivid human suffering at the heart of America's criminal justice system. As a public defender, Allen Goodman faced cross-examination from family and friends every day: how could he live with himself? How could he work to help criminals? Presumed guilty by association, Goodman quickly learned that such interrogations were stacked against him. People didn't really want an answer; they wanted a defense. Idealistic to a fault, he gave them one. Everyone Against Us is Goodman's testimony of his life as a public defender. In it, he documents his efforts to defend clients, both guilty and innocent, against routine police abuse, prosecutorial misconduct, and unjust sentencing. To work in criminal justice, Goodman shows, is to confront and combat vivid human suffering. From sex trafficking, murder, and abuse to false conviction, torture, and systemic racism, Goodman describes the daily experiences that both rattled his worldview and motivated his work. Part memoir, part exposé, Everyone against Us is the moving story of an embattled civil servant who staves off the worst abuses of the criminal justice system, at great personal cost.

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

From 1994 to 2006, William F. Schulz headed Amnesty International USA. During this time, he and the organization confronted some of the greatest challenges to human rights, including genocides in Rwanda, Bosnia, and Sudan; controversies over the prison camp at Guantanamo Bay, Cuba, and the use of torture by the United States after 9/11; as well as growing concern about inequities in the American justice system, from police misconduct to the death penalty. Drawing upon his encounters with tyrants, the inspiration of brave human rights heroes, and collaborations with celebrities ranging from Patrick Stewart to Salma Hayek, Schulz uses poignant narrative and amusing anecdotes to discuss the day-to-day realities of struggling with life-and-death human rights crises. In the process he ducks an assassination threat in Liberia; brings tears to the eyes of the Prime Minister of Northern Ireland; and bests America's self-described "toughest sheriff" on Bill Maher's Politically Incorrect. Full of reflection as well as action, Reversing the Rivers provides Schulz with the opportunity to address profound philosophical questions, such as "What is the nature of evil?"; "How do we foster the 'better angels of our nature'?" "When may we use force to stop people from using force?" "Is the prohibition on torture as simple as it seems?" and "What's wrong with an eye for an eye?" Most important, in an eloquent concluding chapter, he answers the quandary most frequently posed to him during his years at Amnesty, "Given all the horrors in the world you see day after day, how do you retain any hope at all in humanity?"

The fifth edition of Sales and Leases of Goods in a Nutshell is an invaluable resource for those studying Articles 2 and 2A of the UCC. The Nutshell begins with a discussion of when Article 2 versus Article 2A applies to a transaction; the relationship among Articles 2, 2A, and 9; and the predominant purpose test. Early chapters cover contract formation; the Statute of Frauds and the parol evidence rule; assignment and delegation; warranties, including a short discussion of Magnuson-Moss; unconscionability; and good faith purchasers, subsequent lessees, and sublessees. The last half of the Nutshell begins with performance issues, such as the perfect tender rule; acceptance, rejection, and revocation of acceptance; cure; risk of loss; and excuse. Anticipatory repudiation and the adequate assurance doctrine are covered. The Nutshell closes with an extensive examination of the remedy provisions of Article 2 and 2A, as well as the UCC's rules on the liquidation and limitation of remedies. More than 150 examples in the text - drawn from the case law, the commentaries for the UCC and the Restatement, and the author's teaching hypotheticals - demonstrate how the UCC's language operates in practice. In addition, several diagrams and flowcharts provide the reader with a user-friendly illustration of difficult concepts, such as the Battle of the Forms.

Externship Pedagogy and Practice is an in-depth exploration of how to design, structure, evaluate, and teach law school externship courses. The book will be an essential resource for experienced and new externship faculty, law school administrators, and externship site supervisors. One of the ways law schools have responded to the demand for more experiential education is by expanding externship courses and faculty. In recent years, dramatic changes in the use of technology in law practice and recognition of the impact of bias on the justice system have influenced legal education, including externship courses. Law schools are also considering how to better integrate their externship programs into their law school curriculum. While there are a number of excellent books on how to design and teach in-house clinical courses, to date there is no comprehensive book on best practices for designing and teaching externship courses. This book fills that gap. The book starts by describing the essential characteristics of all externship courses and explaining the ABA Standards and other regulations governing externships. The next section focuses on program design, including types and locations of placements, credit hours, selecting and evaluating supervisors, establishing and assessing program learning outcomes, and designing individual courses. The third section focuses on teaching the externship course, with chapters on faculty-guided reflection, class topics for general and subject-specific courses, teaching techniques, and using online technology. Each of these chapters includes multiple examples of in-class and out-of-class assignments, discussion and reflection topics, and other tools for successful teaching. The final section is specifically geared towards externship site supervisors and describes best practices for supervision, feedback, and ethical duties. The book provides comprehensive guidance to ensure that both long-standing and relatively new externship programs and courses provide excellent learning experiences for students that are a high-quality component of a school's experiential curriculum.

This expert, one-of-a-kind handbook shows you how to ensure that your inheritance instructions will be carried out the way you want them to be; protect your children's inheritance from creditors, ex-spouses, addictions, tax troubles, mismanagement, squandering, and other risks of loss; prevent family conflict that can arise when parents die and children divide the "family money"; leave more money to your children and grandchildren, and less to the IRS; avoid creating inheritance problems in your family with "cautionary tales" of inheritance planning gone bad; understand why you still have to deal with estate tax issues even if your net worth falls below the new death-tax-exemption.

Should digital platforms be responsible for intimate images posted without the subject's consent? Could the viewers of such images be liable simply for viewing them? This book answers these questions in the affirmative, while considering the social, legal and technological features of unauthorized dissemination of intimate images, or 'revenge porn'. In doing so, it asks fundamental socio-legal questions about responsibility, causation and apportionment, as well as conceptualizing private information as property. With a focus on private law theory, the book defines the appropriate scope of liability of platforms and viewers while critiquing both EU and US solutions to the problem. Through its analysis, the book develops a new theory of egalitarian digital privacy.

The climate crisis is here, and the end of this world--a world built on land theft, resource extraction, and colonial genocide--is on the horizon. In this compelling roadmap to a livable future, Indigenous sovereignty and climate justice go hand in hand. Drawing on their work in Indigenous activism, the labour movement, youth climate campaigns, community-engaged scholarship, and independent journalism, the six authors challenge toothless proposals and false solutions to show that a just transition from fossil fuels cannot succeed without the dismantling of settler capitalism in Canada. Together, they envision a near future where oil and gas stay in the ground; where a caring economy provides social supports for all; where wealth is redistributed from the bloated billionaire class; and where stolen land is rightfully reclaimed under the jurisdiction and sovereignty of Indigenous peoples. Packed with clear-eyed analysis of both short- and long-term strategies for radical social change, The End of This Worldpromises that the next world is within reach and worth fighting for.

"This Practice Guide tells the story of the conflict between environmental law and bankruptcy law. These complex bodies of law have dramatically different purposes and have often come into conflict over the last four decades. I hope that this book will help government and private environmental and bankruptcy attorneys navigate the difficult complexities at the intersection of environmental and bankruptcy law by providing in one place a fulsome summary of the law in this area"--

With the Stockholm+50 Conference, held on 2-3 June 2022, the global movement to protect the environment has reached a 50 year milestone. The first UN Conference on the Human Environment, also held in Stockholm, from 5-16 June 1972, proved to be the watershed in addressing this problem, and as the world assembles once more in the Swedish capital it is time to think aloud and look ahead. In his address in 1972, the then Swedish Prime Minister Olof Palme said: "The decisive question is in which direction we will develop ... there is no individual future, neither for people nor for nations." The only other head of government to attend in 1972, Indian Prime Minister Indira Gandhi, highlighted the development as "one of the primary means of improving the environment of living, of providing food, water, sanitation and shelter, of making the deserts green and mountains habitable" and drew attention to the wisdom of the Atharva Veda: "What of thee I dig out; Let that quickly grow over; Let me not hit thy vitals or thy heart."As we look back over 50 years, we need to assess what has gone wrong in the trajectory travelled so far and look ahead to the future of our environment at this juncture and beyond. As a scholarly journal for global decision-makers, Environmental Policy and Law has sought to envision what lies ahead in the 21st century by inviting outstanding scholarly works from around the world. The 22 articles which resulted from this invitation are presented in this book, Envisioning Our Environmental Future, which is organised in three parts: Testing Times; Global Ideas; and Sectoral Ideas. The book is a sequel to Our Earth Matters (IOS Press), which was published on 5 June 2021.Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law at the Centre for International Legal Studies, School of International Studies of Jawaharlal Nehru University, New Delhi. He is Editor-in-Chief of the global journals Environmental Policy and Law (Amsterdam: IOS Press) and Yearbook of International Environmental Law (Oxford: Oxford University Press). Prof. Desai's ideas and proposals are reflected in his published books and in journals of international repute.

This clearly written guide, now completely revised and updated, provides comprehensive, practical advice for the non-ERISA specialist on how to structure benefits from qualified retirement plans and IRAs to achieve maximum benefits for your client.

Since the adoption of the 1989 UN Convention on the Rights of the Child, all children in the world have rights that are protected by states at least in theory. In practice, children's rights are grossly violated on a daily basis and on a global scale. Studies in children's rights struggle to find why this is the case, and what can be possibly done to change this situation.This publication proposes that a better understanding of children's rights violations may be achieved if looking at law from a child's perspective. This means that a researcher has to go beyond the analysis of international conventions and national law, to include what is perceived as law by children. This book presents a new theoretical framework and methodology for finding law for children, combining legal pluralism, law and sociology, philosophy of law and legal empirical research. This framework is then put to the test in three case studies, all which include empirical research data. The book explores the possible legal orders that arise when looking at law through children's eyes, such as the household and the classroom. These legal orders, that we find when looking at law through children's eyes, have to be recognized as part of a complete picture of law influencing the protection and/or violation of children's rights.

"At the end of the Trail of Tears there was a promise," U.S. Supreme Court Justice Neil Gorsuch wrote in the decision issued on July 9, 2020, in the case of McGirt v. Oklahoma. And that promise, made in treaties between the United States and the Muscogee (Creek) Nation more than 150 years earlier, would finally be kept. With the Court's ruling, the full extent of the Muscogee (Creek) Reservation was reaffirmed--meaning that 3.25 million acres of land in Oklahoma, including part of the city of Tulsa, were recognized once again as "Indian Country" as defined by federal law. A Promise Kept explores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over 100 years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans, the Muscogee (Creek) Nation, and other tribes throughout the United States. For context, Robbie Ethridge traces the long history of the Muscogee (Creek) Nation from its inception in present-day Georgia and Alabama in the seventeenth century; through the tribe's rise to regional prominence in the colonial era, the tumultuous years of Indian Removal, and the Civil War and allotment; and into its resurgence in Oklahoma in the twentieth and twenty-first centuries. Against this historical background, Robert J. Miller considers McGirt v. Oklahoma, examining important related cases, precedents that informed the Court's decision, and future ramifications--legal, civil, regulatory, and practical--for the Muscogee (Creek) Nation, federal Indian law, the United States, the state of Oklahoma, and Indian nations in Oklahoma and elsewhere. Their work clarifies the stakes of a decision that, while long overdue, raises numerous complex issues profoundly affecting federal, state, and tribal relations and law--and will continue to do so for the foreseeable future.  

In Pluralist Politics, Relational Worlds, Didier Zúñiga examines the possibility for dialogue and mutual understanding in human and more-than-human worlds. The book responds to the need to find more democratic ways of listening to, giving voice to, and caring for the variety of beings that inhabit the earth. Drawing on ecology and sustainability in democratic theory, Zúñiga demonstrates the transformative potential of a relational ethics that is not only concerned with human animals, but also with the multiplicity of beings on earth, and the relationships in which they are enmeshed. The book offers ways of cultivating and fostering the kinds of relations that are needed to maintain human and more-than-human diversity in order for life to persist. It also calls attention to the quality of the relationships that are needed for life to flourish, advancing our understanding of the diversity of pluralism. Pluralist Politics, Relational Worlds ultimately presses us to question our own condition of human animality so that we may reconsider the relations we entertain with one another and with more-than-human forms of life on earth.

In the early twenty-first century, the international relations literature still posits realism as a dominant paradigm in the Western School. This volume introduces alternative frames of reference that address the deficiencies of liberalism with its lack of sufficient attention to ethnic diversity. By drawing on constructivism with its focus on framing, particularly the influence in instrumentalist terms of narratives shaped by the media, this volume explores that influence by analysing case studies in historical context. In 2020, the world's present, yet unequal, experiences of the triptych, personal data, global pandemic and social protests, lead us to introduce personal data (Image I), the mesh region (Image II) and the distributed ecosystem (Image III) to capture the dynamic, transformative nature of the changing relationship between structure and agency.

The book focuses on the relationship between Islamic law and intellectual property law and proposes groundbreaking alternatives to better support the growth of intellectual property in line with the Islamic moral economy. The author provides an overview of the development of intellectual property under Shariah principles in the Gulf States. She focuses on how the US and the EU have shaped the intellectual property regimes in the Gulf States, the WTO and WIPO in the pre-TRIPS era, and compliance with the minimum standards of the TRIPS Agreement. In addition, the impact of the TRIPS Plus standards and investorstate dispute settlement, as well as the implications for Gulf states of committing to further international investor agreements are examined. Innovative recommendations for an integrated approach to intellectual property law that incorporates the principles of Islamic commercial and financial law will be of interest to both academics and practitioners within and outside the region.

In an age where the global rules-based world order faces significant challenges to maintaining peace and stability--with world superpowers jockeying to preserve their influence across multiple theatres of conflict--this book explores the major international laws and treaties governing the process of peace and reconciliation. Focusing on the conflicts in Afghanistan, Palestine-Israel and Kashmir, it examines and analyses these conflicts through the prism of international law, humanitarian norms, treaties, and conventions, interspersed with insights from the Islamic legal tradition. An innovative approach to the problem of conflict resolution is applied by a) reviewing the jurisprudential sources and tools that are used in international and Islamic law, and b) using a comparative analysis to provide an assessment of whether these sources help or hinder--individually or collectively--the chances for peace and reconciliation in specific global conflict theatres. It also explores how by supplementing these legal tools using principles of Islamic peacebuilding along with a theo-diplomatic conflict reconciliation model could assist in the brokering of peaceful outcomes.

Systemic Islamophobia in Canada presents critical perspectives on systemic Islamophobia in Canadian politics, law, and society, and maps areas for future research and inquiry. Authors consist of both scholars and professionals who encounter in the ordinary course of their work the--sometimes banal, sometimes surprising--operation of systemic Islamophobia. Centering the lived realities of Muslims chiefly in Canada, but internationally as well, the contributors identify the limits of democratic accountability in the operation of our shared institutions of government. Intended as a guide, the volume identifies important points of consideration that have systemic implications for whether, how, and under what conditions Islamophobia is enabled and perpetuated, and in some cases even rendered respectable policy or bureaucratic practice in Canada. The essays are designed as gestures to future researchers on Islam and Muslims in Canada who may take the introduction as inspiration for their own research. Ultimately, Systemic Islamophobia in Canada identifies a range of systemically Islamophobic sites in Canada to guide tomorrow's researchers and policy makers in fulfilling the promise of an inclusive democratic Canada.

Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

This book offers a post-pandemic vision for the future of legal education and charts a path to get there. Among the book's recommendations are that schools must dispense with the LSAT and develop an alternative non-discriminatory admissions process. Further, that law schools should admit a much larger cohort to the 1L year, at much reduced cost, and put most of 1L content online in a hybrid format. It suggests that a "baby bar" be administered at the end of the first year, with only roughly half passing into second year and the rest awarded a master's degree in American Law, which will become a credential to become an LLLT, the expansion of which will help address the critical justice gap that we currently have in the legal system. It argues for the expansion of experiential learning and the intentional formation of professional identity in the 2L and 3L years. While these proposals may seem radical at first, many of them are already happening in small experiments around legal education, and the ABA is already moving in this direction. This book provides comprehensive guidance on how these proposals can be gradually adopted and then ultimately spread throughout legal education over the next decade.

Institutions such as trade unions that were once relied upon to protect workers' wages, conditions and job security are eroding. In response, new forms of worker protections are emerging. Protecting the Future of Workexamines new forms of regulation that have emerged in response to increasing social concern about poor labour practices, growing inequality, and detrimental working conditions. It looks at how trade unions, community organisations and other actors have mobilised to raise public awareness and pressure businesses and governments to improve working conditions. Featuring a balance of texts on the changing nature of and the history of trade union change and transformation, the series Trade Unionismgives space for in-depth, detailed analysis and captures key themes on the nature of internationalism and trade unionism.

Over the past roughly two decades, the interconnected concepts of reparation, restitution, and commemorative culture have gained renewed momentum - in academic discourse as much as in activist, artistic, and political contexts. This development insists on a critique of the material and systemic conditions of societies and global relations. In their 2018 report on the restitution of looted cultural artifacts, for example, Bénédicte Savoy and Felwine Sarr discuss restitutions in the light of a new ethics of relations. Individual acts of restitution, but also the processes of material and immaterial reparation that go with them, are viewed as mediators in the by definition irreparable legacy of colonialism and its present repercussions. A new ethics of relations might even go beyond anthropocentrism: The destruction of nature in the Anthropocene and the destruction of humanity that is colonialism both require a fundamental questioning of the premises of western modernity and a radically different relationship to the world. The present volume aims to examine different discourses and practices of reparation, bringing together perspectives from cultural studies, memory studies, post- or decolonial studies as well as literary studies. Chapters from these disciplines are complemented by contributions from the fields of philosophy, art, and literature in order to explore the multiple facets of reparation. With contributions by Kader Attia, Lucia della Fontana, Ibou Coulibaly Diop, Alexandre Gefen, Hannah Grimmer, hn. lyonga, Helena Janeczek, Markus Messling, Clément Ndé Fongang, Aurélia Kalisky, Fabiola Obame, Angelica Pesarini, Aurore Reck, Olivier Remaud, Patricia Oster-Stierle, Sahra Rausch, Igiaba Scego, Ibrahima Sene, Christiane Solte-Gresser, Jonas Tinius.

Constitutional Policing: Striving for a More Perfect Union is about the legal challenges to fostering better policing in the cities and communities of this nation. Issues of public safety and the call for tougher police practices can often be seen differently through the eyes of different communities. There is little debate that most communities want to be safe in their persons and their homes. There is much debate about how we as a nation can get to a place where communities feel secure in their relationships with those who are tasked with policing our communities. This book argues that our Constitution is well designed to create the laws that not only allow our communities to be safe and secure, but also allow us as members of those communities to hold the police who are tasked with "protecting and serving" accountable.

The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.

Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to judicial activism. Untethered from "mere Natural Law"--the moral principles knowable by all--our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the "self-evident" truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes ("be generous," "be selfless"). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense--truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the "emanations" and "penumbras" of a "living constitution," conservatives responded with an "originalism" that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.

On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.

This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, and sociology have regularly supported the work of immigration lawyers and contributed to public debates on immigration reform, but the academy contains untapped scholarly expertise that, guided by the resources provided in this handbook, can aid asylum seekers and refugees and promote the fair adjudication of asylum claims in US courts. As the recent refugee crisis of immigrant mothers and children and unaccompanied minors has made clear, there is an urgent need for academics to work with other professionals to build a legal framework and national network that can respond effectively to this human rights crisis.

Few legal cases in American history are as riveting as the controversy surrounding the will of Virginia Senator John Randolph (1773-1833), which-almost inexplicably-freed all 383 of his slaves in one of the largest and most publicized manumissions in American history. So famous is the case that Ta-Nehisi Coates has used it to condemn Randolph's cousin, Thomas Jefferson, for failing to free his own slaves. With this groundbreaking investigation, historian Gregory May now reveals a more surprising story, showing how madness and scandal shaped John Randolph's wildly shifting attitudes toward his slaves-and how endemic prejudice in the North ultimately deprived the freedmen of the land Randolph had promised them. Sweeping from the legal spectacle of the contested will through the freedmen's dramatic flight and horrific reception in Ohio, A Madman's Will is an extraordinary saga about the alluring promise of freedom and its tragic limitations.

When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives.

Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn’t even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and “Roddie” William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.