New Books: July 2023

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. The book examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffrey Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s.

Indigenous Peoples and the Law in Canada: Cases and Commentary, 2023 (formerly titled "Annotated Aboriginal Law: The Constitution, Legislation, Treaties, and Supreme Court of Canada Case Summaries") is written by experienced Aboriginal law practitioners at First Peoples Law. Shin Imai, Osgoode Hall Law School, is the founding author.
It features the Indian Act and selected regulations, accompanied by hundreds of annotations and section-by-section summaries of all significant court decisions interpreting or applying the legislation.
Along with all this, it incorporates annotations of case law under section 91(24) of the Constitution Act, 1867 (division of powers), sections 2, 15 and 25 of the Canadian Charter of Rights and Freedoms (fundamental freedoms, equality rights, and Aboriginal rights and freedoms not affected by the Charter), and section 35 of the Constitution Act, 1982 (Aboriginal and Treaty rights) including essays on the top issues in Indigenous rights law in 2022.

As the climate emergency intensifies, rights-based climate cases - litigation that is based on human rights law - are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core. available as Open Access on Cambridge Core. available as Open Access on Cambridge Core. available as Open Access on Cambridge Core.

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline, with attention given to their relation to each other and to the manner which they have developed through arbitration case law. The context of each legal principle is explored, along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans. Clarifying and cross-examining the morality of human rights, Michael J. Perry discusses their connection to moral equality and moral freedom, as well as exploring the significance of anti-poverty human rights. This illuminating book concludes with an explanation as to why the morality of human rights is acutely relevant to challenges faced by humanity in the modern era. In particular, the challenges of growing economic inequality and climate change are emphasised as having profound relevance to the morality of human rights. Interrogating the Morality of Human Rightswill be of great benefit to both undergraduate and graduate students who are contemplating the idea of human rights and their morality within their studies. Professors and academics with cause to study and research human rights would also find it to be of interest, particularly those in the field of legal scholarship.

There is a memorable line by ancient Greek poet Archilochus: 'The fox knows many things, but the hedgehog knows one big thing.' Drawing on this metaphor made popular by Isaiah Berlin, this book sets out to 'think like a fox' about transitional justice in an intellectual environment largely dominated by hedgehogs. Critical of the unitary 'hedgehog-like' vision underlying mainstream discourse, this book proposes a pluralist reading of the field. It asks: What would it mean for transitional justice to constructively deal with conflicts of values and interests in societies grappling with a violent past? And what would it imply to make meaningful room for diversity, to see 'the many' rather than just 'the one'?

This 5th edition is a guide to almost every conceivable rights issue that filmmakers, videomakers, television producers, and Internet content creators might encounter. Completely up-to-date and greatly expanded from its previous edition

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

This book explores the development and implementation of Child First as an innovative guiding principle for improving youth justice systems. Applying contemporary research understandings of what leads to positive child outcomes and safer communities, Child First challenges traditional risk-led and stigmatising approaches to working with children in trouble. It has now been adopted as the four-point guiding principle for all policy and practice across the youth justice system in England and Wales, it is becoming a key reform principle for youth justice in Northern Ireland, and it is increasingly influential across several western jurisdictions. With contributions from academics, policymakers and practitioners, this book critically charts the progress and challenges in establishing a progressive evidence-led youth justice system. Its dynamic and accessible integration of theory, research, policy and practice, alongside discussion of critical themes, makes it a key read for students on youth crime/justice modules and for a wider market. Stephen Case is Professor of Youth Justice in the Criminology, Sociology and Social Policy division at Loughborough University, UK.  Neal Hazel is Professor of Criminology and Criminal Justice in the School of Health and Society at the University of Salford, UK. 

Replanting Cultures provides a theoretical and practical guide to community-engaged scholarship with Indigenous communities in the United States and Canada. Chapters on the work of collaborative, respectful, and reciprocal research between Indigenous nations and colleges and universities, museums, archives, and research centers are designed to offer models of scholarship that build capacity in Indigenous communities. Replanting Cultures includes case studies of Indigenous nations from the Stó:lō of the Fraser River Valley to the Shawnee and Miami tribes of Oklahoma, Ohio, and Indiana. Native and non-Native authors provide frank assessments of the work that goes into establishing meaningful collaborations that result in the betterment of Native peoples. Despite the challenges, readers interested in better research outcomes for the world's Indigenous peoples will be inspired by these reflections on the practice of community engagement.

For four hundred years--from the first Spanish assaults against the Arawak people of Hispaniola in the 1490s to the U.S. Army's massacre of Sioux Indians at Wounded Knee in the 1890s--the indigenous inhabitants of North and South America endured an unending firestorm of violence. During thattime the native population of the Western Hemisphere declined by as many as 100 million people. Indeed, as historian David E. Stannard argues in this stunning new book, the European and white American destruction of the native peoples of the Americas was the most massive act of genocide in thehistory of the world.Stannard begins with a portrait of the enormous richness and diversity of life in the Americas prior to Columbus's fateful voyage in 1492. He then follows the path of genocide from the Indies to Mexico and Central and South America, then north to Florida, Virginia, and New England, andfinally out across the Great Plains and Southwest to California and the North Pacific Coast. Stannard reveals that wherever Europeans or white Americans went, the native people were caught between imported plagues and barbarous atrocities, typically resulting in the annihilation of 95 percent oftheir populations. What kind of people, he asks, do such horrendous things to others? His highly provocative answer: Christians. Digging deeply into ancient European and Christian attitudes toward sex, race, and war, he finds the cultural ground well prepared by the end of the Middle Ages for thecenturies-long genocide campaign that Europeans and their descendants launched--and in places continue to wage--against the New World's original inhabitants. Advancing a thesis that is sure to create much controversy, Stannard contends that the perpetrators of the American Holocaust drew on the sameideological wellspring as did the later architects of the Nazi Holocaust. It is an ideology that remains dangerously alive today, he adds, and one that in recent years has surfaced in American justifications for large-scale military intervention in Southeast Asia and the Middle East.At once sweeping in scope and meticulously detailed, American Holocaust is a work of impassioned scholarship that is certain to ignite intense historical and moral debate.

Taking a staff-led approach, this book helps libraries of all types create their own meaningful and authentic strategic plans while demystifying a process that can bring many benefits to the organization. With dwindling budgets to pay for consultants and a growing interest in collaboration across the organization, libraries are increasingly taking a do-it-yourself approach to strategic planning. This book takes a step-by-step approach to grassroots strategic planning for libraries of all types. The authors, who led a successful strategic planning process at their own library, provide practical advice and detailed information to guide library personnel through their own process. Topics include aligning with institutional and community values, creating vision and mission statements, researching stakeholder needs, conducting environmental scans, collaborative drafting of the plan, communication strategies, and implementation and assessment of the plan. Each chapter helps librarians create a strategic plan for a broad spectrum of libraries, including K-12, post-secondary, public, and special libraries. A unique feature of the book is its emphasis on the ways in which different library types can collaborate to meet shared goals. This book is a one-stop-shop, providing everything library staff will need to create a strategic plan without searching for additional sources.

A history of Wisconsin's Indigenous past, present, and future--in Native peoples' own words.   Treaties made in the 1800s between the United States and the Indigenous nations of what is now Wisconsin have had profound influence on the region's cultural and political landscape. Yet few people realize that in the early part of that century, the Menominee and Ho-Chunk Nations of Wisconsin signed land treaties with several Indigenous nations from New York State. At the onset of the removal era, these eastern nations, including the Oneida Nation and the Six Nations Confederacy, were under constant pressure from the federal government and land speculators to move to lands around Green Bay and Lake Winnebago. In this groundbreaking book, Carol A. Cornelius has compiled a careful account of these nation-to-nation treaties, in large part in the words of those Indigenous leaders who served as the voices and representatives of their nations. Drawing on a rich collection of primary sources, Cornelius walks readers through how, why, and for whom these treaties were made and how the federal government's failure and unwillingness to acknowledge their legitimacy led to the further loss of Indigenous lands. The living documents transcribed here testify to the complexity and sovereignty of Indigenous governance then and now, making this volume a vital resource for historians and an accessible introduction to Indigenous treatymaking in Wisconsin.

In January 1832, in the most southern part of Ontario's James Bay, an elderly Cree man by the name of Quapakay was told by the spirits of the shaking tent that in order to survive the winter, he was required to "spoil" the post at Hannah Bay, a Hudson's Bay Company goose hunting station. Following the directions of the spirits, Quapakay and his sons carried out this ill-fated task, resulting in the deaths of sixteen occupants of the Hannah Bay post. Now known as the "Hannah Bay Massacre," the victims included fur trader William Corrigal, the postmaster and his wife, and seven other Indigenous people. When the Spirit Calls explores the social, cultural, and historical context in which the Hannah Bay tragedy took place, as gleaned from the Hudson Bay Company's archival records and elucidations by Cree oral traditions. The research is the culmination of over forty years of investigation by Edward J. Hedican in Indigenous communities, from the mid-1970s to the present day. In the book, Hedican aims to uncover the circumstances, behaviours, and attitudes that led to the slaughter. When the Spirit Calls sheds light on the racist attitudes held by the white settler population towards Indigenous people--attitudes that were prevalent in our colonial past and that continue to this very day

This second edition of the book is a unique introduction to the links between different areas of global governance, human rights and the global economy. By drawing on these links, the author argues that the foundations of global governance are undermined by what he terms internal "tragic flaws" which demonstrate how the legitimacy of key areas of global governance are undermined by failures to live up to their foundational values and respect for human dignity and rights. The book explores how human rights and international law are affected by these tragic flaws in the critical institutions of global governance and in the global private sector. The book is brought up to date in this second edition by examining the impact of major events in global governance including the present day legacy of the 2008 global financial crisis, the impact of the global Covid-19 pandemic, the allegations of genocide in China and Myanmar and the growing impact of authoritarian leaders in Europe and elsewhere including in the US under the administration of former President Donald Trump. With this intensely interdisciplinary approach, this edition is aimed at motivating new thinking in the realm of global governance, human rights and international law. The book will be of great interest and use to students and researchers of public international law, international relations, political science, business and human rights and international trade and economic law

For many years, Hawaiian Dictionary has been the definitive and authoritative work on the Hawaiian language. Now this indispensable reference volume has been enlarged and completely revised. More than 3,000 new entries have been added to the Hawaiian-English section, bringing the total number of entries to almost 30,000 and making it the largest and most complete of any Polynesian dictionary. Other additions and changes in this section include: a method of showing stress groups to facilitate pronunciation of Hawaiian words with more than three syllables; indications of parts of speech; current scientific names of plants; use of metric measurements; additional reconstructions; classical origins of loan words; and many added cross-references to enhance understanding of the numerous nuances of Hawaiian words. The English Hawaiian section, a complement and supplement to the Hawaiian English section, contains more than 12,500 entries and can serve as an index to hidden riches in the Hawaiian language. This new edition is more than a dictionary. Containing folklore, poetry, and ethnology, it will benefit Hawaiian studies for years to come.

When governments impose stringent regulations that impede domestic competition and international trade, should we conclude that this is a deliberate attempt to protect industry or an honest effort to protect the population? Regulating Risk offers a third possibility: that these regulations reflect producers' ability to exploit private information. Combining extensive data and qualitative evidence from the pesticide, pharmaceutical, and chemical sectors, the book demonstrates how companies have exploited product safety information to win stricter standards on less profitable products for which they offer a more profitable alternative. Companies have additionally supported regulatory institutions that, while intended to protect the public, also help companies use information to eliminate less profitable products more systematically, creating barriers to commerce that disproportionally disadvantage developing countries. These dynamics play out not only domestically but also internationally, under organizations charged with providing objective regulatory recommendations. The result has been the global legitimization of biased regulatory rules.

The sixth edition of Understanding Corporate Law is designed to assist students by offering a clear and comprehensive treatment of key concepts in corporate law. It is a popular study guide for students and has been used by professors to supplement their casebook or as recommended reading. Significant business, economic, and policy issues are highlighted in connection with a thorough analysis of the important cases, statutory provisions, and jurisprudence used in the study of corporations. It includes major theoretical approaches used in current corporate law literature. In each chapter, the authors identify important policies and discuss the law as it has developed in relation to those policies. Statutory issues are addressed under both the General Corporation Law of the State of Delaware and the Revised Model Business Corporation Act. In addition, significant sections from the Principles of Corporate Governance of the American Law Institute are covered. The book refers to the corporate scandals of 2001 and 2002, the enactment of the federal Sarbanes-Oxley (2002), Dodd-Frank (2010), JOBS (2012) Acts, and the financial crisis of 2008. The development of ESG (environmental, social and governance) and its impact on corporate governance is covered as is the rise of institutional shareholder ownership and its effect on legal developments. The authors also highlight recent significant cases in each chapter.

This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration

Many people first encounter Hawai'i through the imagination--a postcard picture of hula girls, lu'aus, and plenty of sun, surf, and sea. While Hawai'i is indeed beautiful, Native Hawaiians struggle with the problems brought about by colonialism, military occupation, tourism, food insecurity, high costs of living, and climate change. In this brilliant reinvention of the travel guide, artists, activists, and scholars redirect readers from the fantasy of Hawai'i as a tropical paradise and tourist destination toward a multilayered and holistic engagement with Hawai'i's culture and complex history. The essays, stories, artworks, maps, and tour itineraries in Detours create decolonial narratives in ways that will forever change how readers think about and move throughout Hawai'i. Contributors. Hōkūlani K. Aikau, Malia Akutagawa, Adele Balderston, Kamanamaikalani Beamer, Ellen-Rae Cachola, Emily Cadiz, Iokepa Casumbal-Salazar, David A. Chang, Lianne Marie Leda Charlie, Greg Chun, Joy Lehuanani Enomoto, S. Joe Estores, Nicholas Kawelakai Farrant, Jessica Ka'ui Fu, Candace Fujikane, Linda H. L. Furuto, Sonny Ganaden, Cheryl Geslani, Vernadette Vicuña Gonzalez, Noelani Goodyear-Ka'ōpua, Tina Grandinetti, Craig Howes, Aurora Kagawa-Viviani, Noelle M. K. Y. Kahanu, Haley Kailiehu, Kyle Kajihiro, Halena Kapuni-Reynolds, Terrilee N. Kekoolani-Raymond, Kekuewa Kikiloi, William Kinney, Francesca Koethe, Karen K. Kosasa, N. Trisha Lagaso Goldberg, Kapulani Landgraf, Laura E. Lyons, David Uahikeaikalei'ohu Maile, Brandy Nālani McDougall, Davianna Pōmaika'i McGregor, Laurel Mei-Singh, P. Kalawai'a Moore, Summer Kaimalia Mullins-Ibrahim, Jordan Muratsuchi, Hanohano Naehu, Malia Nobrega-Olivera, Katrina-Ann R. Kapā'anaokalāokeola Nākoa Oliveira, Jamaica Heolimelekalani Osorio, No'eau Peralto, No'u Revilla, Kalaniua Ritte, Maya L. Kawailanaokeawaiki Saffery, Dean Itsuji Saranillio, Noenoe K. Silva, Ty P. Kāwika Tengan, Stephanie Nohelani Teves, Stan Tomita, Mehana Blaich Vaughan, Wendy Mapuana Waipā, Julie Warech  

This practical and timely resource provides a basic understanding of major data protection laws and regulations relevant to the U.S. financial sector. The book outlines historical context and the evolution of privacy and regulatory laws and what one can expect in the future in order to knowledgeably advise clients.

A legendary lawyer and a legal scholar reveal the structural failures that undermine justice in our criminal courts "An urgently needed analysis of our collective failure to confront and overcome racial bias and bigotry, the abuse of power, and the multiple ways in which the death penalty's profound unfairness requires its abolition. You will discover Steve Bright's passion, brilliance, dedication, and tenacity when you read these pages." --from the foreword by Bryan Stevenson Glenn Ford, a Black man, spent thirty years on Louisiana's death row for a crime he did not commit. He was released in 2014--and given twenty dollars--when prosecutors admitted they did not have a case against him. Ford's trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death. In The Fear of Too Much Justice, legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice. With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for "[breaking] down the issues with the death penalty simply but persuasively," The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.

Can cultural heritage be adequately protected vis-à-vis economic globalization? This book investigates whether and how international economic law governs cultural phenomena by mapping the relevant legal framework, discussing the relevant disputes concerning cultural elements adjudicated before international economic 'courts' (namely the World Trade Organization adjudicative bodies and investment treaty arbitral tribunals), and proposing legal methods to reconcile cultural and economic interests. It thus provides a comprehensive evaluation of possible solutions, including evolution of the law through treaty interpretation and reforms, to improve the balance between economic governance and cultural policy objectives.

This book shows how international criminal courts have only given limited and inconsistent attention to atrocity crimes affecting children. The work elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts' focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The text also considers how international criminal justice can help contribute to the recognition of the specific impact international crimes have on children, as victims or as participants and makes recommendations to improve their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations, encompassing the urgent need to further elaborate child-friendly procedures. It also calls for the international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. The book will be an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.

Honored with many accolades, including a starred review in Library Journal, the first edition of this book demonstrated the power and flexibility of "rightsizing," an approach that applies a scalable, rule-based strategy to help academic libraries balance stewardship of spaces and the collection. In the five years since Ward's first edition, the shared print infrastructure has grown in leaps and bounds, as has coordination among programs. With this revision, Miller addresses new options as well as the increasing urgency to protect at-risk titles as you reduce your physical collection. Readers will feel confident rightsizing their institution's own collections with this book's expert guidance on the concept of rightsizing, a strategic and largely automated approach that uses continuous assessment to identify the no- and low-use materials in the collection, and its five core elements; crafting a rightsizing plan, from developing withdrawal criteria and creating discard lists to managing workflow and disposing of withdrawn materials, using a project-management focus;  moving toward a "facilitated collection" with a mix of local, external, and collaborative services; six discussion areas for decisions on participating in a shared print program; factors in choosing a collection decision support tool; relationships with stakeholders; how to handle print resources after your library licenses perpetual access rights to the electronic equivalent; and future directions for rightsizing 

This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject.

Unsurpassed in authority, reliability and accuracy; the 15th edition has been fully revised and updated to incorporate all relevant legislation for international law courses. Blackstone's International Law Documents is an abridged collection of legislation carefully reviewed and selected by Sir Malcolm Evans. With unparalleled coverage of international law, Blackstone's International Law Documents leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's International Law Documents is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resouces The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.

This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights' semantic and normative potential, a specific cultural-geographic view dubbed 'legal chorology' is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people's lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and law reciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples' rights and the international protection of sacred places.

It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.

This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of two experienced practitioners. It draws on the combined experience of Anthony Aust, the original author, and Jeremy Hill, until recently Legal Counsellor in the Foreign, Commonwealth and Development Office, London. The book provides a wealth of examples of the problems experienced with treaties on a daily basis. The authors explore numerous precedents from treaties and other related documents, such as non-legally binding instruments. Using clear and accessible language, the authors cover the full extent of treaty law, with both practitioners and students in mind. Modern Treaty Law and Practice is essential reading for officials in governments and international organisations, lawyers practising in international law, and teachers and students of law, political science, international relations and diplomacy who have an interest in treaties.

A Brief American Legal History is an accessible survey of the law throughout American history, written for lawyers and law students without an historical background as well as for those interested in American history without law school training. The book begins with the English influence on American law, then considers how law affected the split between two countries; how slavery was a bedrock economic principle by the revolutionary era; how lawyers influenced the Constitution; how the law accommodated the transportation revolution of the early 19th century; and how it failed to avoid--and perhaps exacerbated--the sectional conflict that led to the Civil War. The book proceeds to explain how the Supreme Court enfeebled the Civil War constitutional amendments and ratified post-Reconstruction "Jim Crow" laws maintaining racial segregation not only of Blacks but also Asians. Also examined is how the conservative Court and invoked constitutional law to challenge efforts to enact wage and hour labor legislation and ratified the "special status" of women while denying them the right to vote, hold office, or enter professions. One of the features of the book is that it surveys common law developments throughout American history. In the 20th century, the Court stopped vetoing socio-economic legislation, and the political process revolutionized labor law during the New Deal. In the 1960s, the Warren Court not only held state segregation unconstitutional, it bolstered rights to a free press, and established individual liberties in privacy, criminal procedure, and the right to vote. From the 1970s until into the 21st century, courts generally upheld the environmental law revolution, although the Roberts Court has recently erected what may be substantial obstacles, recalling the Court's impediments to labor legislation in an earlier century. The 21st century conservative Court constitutionalized unlimited campaign contributions, recognized individual gun possession, crippled voting rights legislation, erected new protections for religious liberty, and allowed partisan gerrymandering, to say nothing of stopping a recount in the presidential vote, thereby in effect appointing a president. And, of course, the Court's new supermajority's bombshell was its overruling of the right to abortion in 2022. The Court's new reliance on a "shadow docket" has allowed it to intervene in a variety of controversies without issuing opinions, drawing criticism as a threat to democratic decisionmaking. The intersection of law and politics, a theme throughout the book, has never been more apparent.

Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of "the Buddhist-constitutional complex," demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.

The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.

When the tyrannical Saddam Hussein was captured in 2003, the war in Iraq was in a precarious position. A provisional government had been assembled, but the Iraqi government was not yet recognized as sovereign. They were now expected to put their most infamous citizen on trial for war crimes. Called into duty at this moment was Rear Admiral Greg Slavonic, who was tasked with facilitating U.S. media presence at the arraignment which would establish the judicial framework for future tribunals. Admiral Slavonic was party to the historic US-Iraqi Transfer of Sovereignty and then as the senior military officer in the Iraqi courtroom where he was one of fifteen individuals to witness the historic event. As the senior military officer in the room with fifteen other observers, he managed a challenging pool of media jockeying for access for this once in a career story and plus served as advisor to the Iraqi judge on various media issues. Slavonic?s first-hand narrative of a unique moment in military history are never-before-seen transcripts of Saddam Hussein?s trial. For the first time, readers can read how Saddam responded to his charges, along with eleven of Hussein?s closest advisors and cabinet members who were arraigned that day, and several charged with war ?crimes against humanity?. This would be the last time all twelve men would be together again who were responsible for the deaths of over several million fellow Iraqi citizens. This book expands our examination of difficult wars and chronicles the legal reckoning and downfall of a tyrant.

Citizenship and residence by investment is a fast-growing global phenomenon. As of 2022, more than a third of all countries in the world offered paths to membership in exchange for a donation or investment into their economies. Yet we know little about how these programmes operate and debates in academia and the wider public are often misinformed by sensationalist cases. This book offers a multidisciplinary exploration of both citizenship and residence by investment on a global scale. Bringing together the expertise of leading legal scholars, economists, sociologists, political scientists, and historians, it provides an informative and empirically grounded assessment of the origins, operation, key causes, and the legal bases of the investment migration programmes. By so doing, the volume demystifies citizenship and residence by investment and takes a critical postcolonial global perspective, addressing key issues in belonging, exclusion, and inequality that define the world today.

The labor-climate movement in the U.S. laid the groundwork for the Green New Deal by building a base within labor for supporting climate protection as a vehicle for good jobs. But as we confront the climate crisis and seek environmental justice, a "jobs vs. environment" discourse often pits workers against climate activists. How can we make a "just transition" moving away from fossil fuels, while also compensating for the human cost when jobs are lost or displaced? In his timely book, Clean Air and Good Jobs, Todd Vachon examines the labor-climate movement and demonstrates what can be envisioned and accomplished when climate justice is on labor's agenda and unions work together with other social movements to formulate bold solutions to the climate crisis. Vachon profiles the workers and union leaders who have been waging a slow, but steadily growing revolution within their unions to make labor as a whole an active and progressive champion for both workers and the environment. Clean Air and Good Jobs examines the "movement within the movement" offering useful solutions to the dual crises of climate and inequality.

The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.

State recognition of Islam in Muslim countries invites fierce debate from scholars and politicians alike, some of whom assume an inherent conflict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi find, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.

Composed of original articles from academics and policy notes from practitioners, this book attempts to draw up the state of multilateralism through the UN model and identify potential ways to address its challenges and shortcomings. The contributors question the role of multilateralism, sometimes accused of being fragmented, inefficient and unrepresentative, and its impact on global governance, democracy, trade and investment, the environment, and human rights. Since most of the authors are not from the UN system, the content of the contributions provides an external and more neutral assessment of the UN's ability to continue to function today as a serious actor within a global movement in favor of a renewed form of multilateralism.

This Nutshell provides a comprehensive overview of federal appellate practice and procedure, suitable for practicing lawyers as a deskbook, and for law students as a study aid. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include, among others, preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include, among others, jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General. Also included are discussions of the structure and caseloads of the federal appellate system, appellate ethics and professionalism, certification of issues to state courts, appellate court procedures during COVID, and the future of appellate justice.

This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments including the Trump administration's impact on immigration law and the Biden Administration, it is valuable both as a teaching and a practice reference.

In this book Barry de Vries addresses the issue of autonomous weapons in international criminal law. The development of autonomous weapon systems is progressing. While the technology advances, attempts to regulate these weapons are not keeping pace. It is therefore likely that these weapons will be developed before a new legal framework is established. Many legal questions still remain and one of the most important ones among them is how individual responsibility will be approached. Barry de Vries therefore considers this issue from a doctrinal international criminal law perspective to determine how the current international criminal law framework will address this topic.

International Business Negotiations in a Nutshell is designed for legal, business, and international studies. It first explains why international business negotiations are strikingly different from domestic negotiations. This Nutshell introduces the basics of negotiating international business transactions, then moves to specific negotiations of international sales agreements, letters of credit, foreign sales agents and distributors, international franchise agreements, international technology transfer agreements, foreign investment agreements, fundamentals and negotiation of international dispute settlement, negotiating choice of forum and choice of law clauses, and finally negotiating exit clauses in international business agreements.

This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner's knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field.

Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.

The publication of environmental degradation statistics worldwide and the announcement of scientific assessments of the process of its destruction have attracted everyone's attention to the environment. On the world stage, international environmental laws and regulations must be formulated to protect the environment and humanity from further harm. This book provides selective coverage of environmental and energy law within the European Union (EU) and the United Kingdom as well as internationally. It is crucial to examine environmental and energy law from a wide range of perspectives and approaches to gain insight into how the law is designed to tackle particular environmental problems arising in both professional and theoretical settings. Pragmatic Legal and Policy Implications of Environmental Lawmaking bridges the knowledge gap between legal developments designed to achieve environmental and/or energy objectives (for example, pollution control and conservation) on the one hand and the practical, scientific, and technical considerations applicable to the same environmental problems on the other. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and goes a step further to address the often-difficult problem of improving communication between scientists and engineers and law and policymakers. Covering topics such as environmental degradation, energy law, and international trade legislation, the book will be useful to law students and professionals working in the fields of environmental and/or energy law, engineering and (geo)science students and professionals, as well as others working in various other disciplines.

Access to space technology has changed dramatically in the past 10 years. Traditionally, access to space capabilities required dedicated receivers and significant investment. With the advent of new information technologies that incorporate and disseminate the benefits of space directly to users, access to space technology is no longer so exclusive. As the seamless delivery of space capabilities, from navigation and position to data flows, makes it difficult to distinguish space capabilities from other information infrastructures, legal structures developed to govern space technologies are being forced into contact with a variety of other legal structures. Legal questions abound as new markets, innovative technologies, and increased data access emerge, and the lex specialis of space accommodates these trends. This book investigates how traditional space law is developing as space technology enters the daily lives of individuals everywhere.

Mid-career librarianship looks different for everyone. Maybe you've worked in libraries for ten years, or you're halfway to retirement. Maybe you've reached the highest level of a hierarchy you care to reach. Most of the literature about mid-career librarianship tends to focus on advancing to leadership or administration, but many of us are more concerned with how to continue to grow professionally without moving upward; how to make decisions about staying in an institution (or the profession); sustaining yourself amid burnout, constant change, wage compression, or even boredom; and navigating cultures of white supremacy, patriarchy, and hierarchy. In four sections, Thriving as a Mid-Career Librarian collects the experiences of mid-career librarians as they grapple with these questions and the roles that marginalized perspectives, intersectionality, and privilege have played in their careers: Section 1: Staying Engaged in Your Career Section 2: The Role of Identity in Shaping Mid-career Librarianship Section 3: Being Your Own Advocate Section 4: To Lead or Not to Lead?  Chapters explore maintaining engagement and avoiding burnout; informal mentorships; the doctorate; union stewardship; addressing incivility; post-tenure fatigue; balancing ambition, personal fulfillment, and life; and much more. It can feel like everything gets harder, more political, and further under-resourced with each passing year. Thriving as a Mid-Career Librarian offers strategies of community, support, and advocacy that can help make it possible for us to thrive and help others to thrive. At mid-career, we may not have the same bright-eyed enthusiasm we possessed as new information professionals, but we have other things: the contributions we make to our communities and the wealth of experience we have built up since those days.

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

Understanding Evidence is a dual audience text. It is meant to be a supplement to, or a primary textbook for, any law school evidence course; and it is also an essential reference book for any litigator. The main objective is captured in the title--to offer an understanding of the Rules of Evidence as applied, with the latest decisional law both explicating the principles and providing references students and practitioners can turn to. Written with an understanding of how evidence rules and issues play out in all stages of the litigation process, is at once scholarly in its depth and practical in its application. Because of its comprehensiveness, it stands out from other reference materials. The updated coverage in the sixth edition includes rule changes and cases through December 2022. Understanding Evidence begins with an overview of evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics: Procedural Framework of Trial Relevancy Witnesses Real and Demonstrative Evidence Writings Hearsay Privileges Substitutes for Evidence This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.

The eighth edition of Understanding Securities Law provides comprehensive coverage of the federal securities laws, including legislative, judicial, and SEC pronouncements. Additions to the new edition include the SEC's amendments to the limited offering rules, significant appellate and Supreme Court decisions, and SEC actions in both the litigation and transaction settings. Like earlier editions, the eighth edition follows a logical sequence of analysis of the securities laws. The text begins with the definition of security, followed by exemptions from Securities Act registration, and thereafter by the registration process. Following treatment of these subjects, the text focuses on due diligence, issuer affirmative disclosure obligations, securities litigation, insider trading, mergers and acquisitions, and the role of the securities attorney. Understanding Securities Law clearly, thoroughly, and concisely addresses the subjects covered in basic Securities Regulation courses, including: The definition of securities; exemptions from registration; the registration framework and process; Sarbanes-Oxley Act; Dodd-Frank Act SEC Securities Act Offering Rules; Resales and reorganizations; Due diligence; Liabilities and remedies; Affirmative disclosure duties; Insider trading; SEC enforcement; and Professional responsibility. The author also includes a glossary of key terms, statutes, rules, regulations; forms and schedules; and comparative charts synopsizing previously discussed materials. The text covers the regulation of public and privately held companies under the Securities Acts, SEC fraud, concepts of disclosure, civil liabilities under the securities laws, and state Blue Sky laws. It also discusses the Sarbanes-Oxley legislation, SEC public offering rules, SEC regulations on the resale of securities, and recent federal Supreme Court and appellate court decisions. This widely-adopted reference text continues to be embraced as a "go-to" source for both law students and practicing attorneys. The book has been ranked as high as #1 of all securities law books on Amazon.

"Introduces the law and economics of North American free trade. It first examines the basic question: why trade at all? It then examines the origins, rules, operation, and impact of NAFTA and its environmental and labor side agreements since 1994. Explores the changes made in the 2020 USMCA agreement and their early impacts upon business"--Publisher's description.

This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification - the appendative, the integrative, and the invisible models - and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world - across Africa, America, Asia and Oceania, and Europe - raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

With this ninth edition of Civil Procedure: Examples & Explanations, Joseph Glannon's uniquely entertaining style teaches and engages students in all aspects of the first-year Civil Procedure course.  Accessible introductions and explanations combined with a proven pedagogy in the popular Examples & Explanations format that is effective for learning and applying the fundamental concepts and rules covered in the Civil Procedure course. New to the Ninth Edition: A chapter that covers the full range of proper bases for personal jurisdiction (Prior editions only covered minimum contacts jurisdiction but a chapter covering the landscape is overdue) The new chapter includes discussion and examples applying the new approach to specific personal jurisdiction recognized by the Supreme Court in Ford Motor Company v. Montana Eight Judicial District Court, decided in 2021 Updated case references Updated citations Incorporation of new rule changes Professors and students will benefit from: Glannon's excellent reputation as the best-selling author of his Civil Procedure E&E, his Torts E&E, and the first book in The Glannon Guide Series, The Glannon Guide to Civil Procedure Covers all aspects of the first-year Civil Procedure course including difficult areas of res judicata, collateral estoppel, and personal and subject matter jurisdiction Examples progress gradually from simple to challenging to build students' confidence Numerous visual aids, including diagrams, charts, and documents

This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Religious pluralism is an important aspiration of contemporary societies, meaning that religious diversity is permitted and everyone has the freedom of religion or belief, or not to believe. The peaceful coexistence of people of a myriad of faiths is indispensable for securing peace in the modern era of political upheaval and economic dissonance. This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony. Freedom of Religion and Religious Pluralism intends to serve as a valuable resource for scholars specialising in religion, citizenship, and migration studies. It will also act as a reference for courses on law, religion, and human rights.

Authored by a leading global expert in the field of investment crowdfunding, this timely book presents a comprehensive guide to a new online marketplace for entrepreneurial capital. Professor of Law and Fulbright Scholar Andrew A. Schwartz marries theory with a decade of on-the-ground research to give lawyers, students, scholars, and policymakers a one-stop shop for everything they need to know about investment crowdfunding, its regulation, and how to improve it. Readers in the general public will find Investment Crowdfunding an accessible and engaging introduction into what is poised to become a household phrase. This book analyses American law-in particular, the JOBS Act and Regulation Crowdfunding-and compares it to the legal regimes in the UK, Canada, the EU, Australia, and New Zealand. Schwartz's prescription is liberal in the classical sense: Policymakers should rely on private ordering and financial incentives, rather than law and regulation, to govern and police the market.

What responsibility, if any, does a corporation have to society? How should corporations balance environmental, social, and governance factors? The Profit Motive addresses these questions of corporate purpose using historical, legal, and economic perspectives. Stephen M. Bainbridge enters the debate around corporate social responsibility to mount an unabashed defense of shareholder capitalism and maximizing shareholder value. The book offers context for the current questions about corporate purpose, and provides a reference going forward. Direct and corrective, The Profit Motive argues that shareholder value maximization is not only required by law, but what the law ought to require.

INSTANT NEW YORK TIMES BESTSELLER* An acclaimed legal scholar's "essential" (Linda Greenhouse) exposé of the Supreme Court's increasing use of unsigned, unexplained orders to change the law--all behind closed doors The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes "shadow docket," regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers--and citizens--scrambling.  The Court's conservative majority has used the shadow docket to green-light restrictive voting laws and bans on abortion, and to curtail immigration and COVID vaccine mandates. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck. In this rigorous yet accessible book, he issues an urgent call to bring the Court back into the light. 

An incisive analysis of how the Supreme Court's new conservative supermajority is overturning decades of law and leading the country in a dangerous political direction. In The Supermajority, Michael Waldman explores the tumultuous 2021­-2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? Over three days in June 2022, the conservative supermajority overturned the constitutional right to abortion, possibly opening the door to reconsider other major privacy rights, as Justice Clarence Thomas urged. The Court sharply limited the authority of the EPA, reducing the prospects for combatting climate change. It radically loosened curbs on guns amid an epidemic of mass shootings. It fully embraced legal theories such as "originalism" that will affect thousands of cases throughout the country. These major decisions--and the next wave to come--will have enormous ramifications for every American. It was the most turbulent term in memory--with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022-2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics. The Supermajority is a revelatory examination of the Supreme Court at a time when its dysfunction--and the demand for reform--are at the center of public debate.

"The Sustainable Corporation is a guide for lawyers to effectively represent and advise their clients on the risks, opportunities, and rewards facing companies on important issues such as environmental impact, social responsibility, and corporate governance. This guide defines, explains, and provides strategies for a "business centric" approach to ESG for the corporation. Sustainability and ESG have become essential factors to doing business in the modern world. ESG's objectives cover a broad spectrum of issues, such as reducing the emissions of carbon and other toxic wastes; human-rights abuses; and promoting and ensuring fair labor practices. ESG also addresses and prioritizes diversity and inclusion. This practical and useful guide defines, explains, and supports the implementation of a business centric approach to ESG for the coroporation. Written by practice leaders and lawyers, this guide identifies critical issues for investors, stakeholders, and counsel to fully understand the actions - and consequences - when it comes to implementing ESG policies. The creation of a more sustainable corporation will ultimately be less reliant on unsustainable practices and, with the support of its suppliers, will be more adept in responding to a rapidly changing world and marketplace. To help legal professionals and their clients stay informed about developments in this ever-evolving field, this resource covers: Defining ESG and the drivers behind the ESG movement ESG investment strategies ESG in supply chain and labor practices Developing and implementing an effective ESG program ESG marketing, disclosure factors Privacy considerations for ESG, non-financial disclosure, and regulated disclosure And more!"

The creation of the U.S. Space Force triggered an outpouring of responses ranging from ridicule and derision, to applause and relief, to fear and concern. It also raised questions about the future of conflict in outer space. Through an exploration of the legal context of military space activities, the history of American military space policy, and Great Power space interactions during and after the Cold War, The United States Space Force and the Future of American Space Policy ultimately concludes that the U.S. Space Force is a natural outgrowth of American space policy, but is no more likely to threaten space security than previous activity in the space domain.