New Books: August 2023

In 2007, Canada became the third largest producer of diamonds in the world. Primarily mined on the edge of the Arctic, these diamonds are said to bring economic development and opportunity to nearby Indigenous communities. In Under Pressure, anthropologist Lindsay A. Bell examines the effects of diamond mining on an increasingly diverse northern population. Through an ethnographic focus on everyday life in Hay River, a multi-ethnic town in the Northwest Territories, this book illustrates the different ways Indigenous, settler, and immigrant northerners navigate the opportunities and obstacles created by large-scale resource development. By situating contemporary diamond mines within the long history of extraction in the region, Bell describes the social, cultural, and economic pressures that shape the people in this Northern community. In contrast to many polarizing accounts that deem mining as either good or bad, Under Pressure uses diamonds as an anthropological prism to consider larger issues related to Arctic extraction, globalization, Indigenous rights, and ethical consumption

This Understanding treatise analyzes the fundamental issues of lawyers' ethics and the ABA's Model Rules. It is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The sixth edition has substantial new material on cross-examination in sexual assault cases; prosecution in the context of race and policing; the rise of the "progressive prosecutor movement"; the renewed call for the U.S. Supreme Court to abide by the Code of Judicial Ethics; and the ethics of lawyers engaged in former president Donald Trump's scheme to overturn the 2020 presidential election.

Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings' secret sphere and secret pieces of information. Securing the undertakings' secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call - after conducting a careful policy trade-off - for the establishment of relative (i.e. inter partes) subjective rights.

Providing an accessible and comprehensive overview, The Story of the Salem Witch Trials explores the events between June 10 and September 22, 1692, when nineteen people were hanged, one was pressed to death and over 150 were jailed for practicing witchcraft in Salem, Massachusetts. This book explores the history of that event and provides a synthesis of the most recent scholarship on the subject. It places the trials into the context of the Great European Witch-Hunt and relates the events of 1692 to witch-hunting throughout seventeenth-century New England. Now in a third edition, this book has been updated to include an expanded section on the European origins of witch-hunts, an updated and expanded epilogue (which discusses the witch-hunts, real and imagined, historical and cultural, since 1692), and an extensive bibliography. This complex and difficult subject is covered in a uniquely accessible manner that captures all the drama that surrounded the Salem witch trials. From beginning to end, the reader is carried along by the author's powerful narration and mastery of the subject. While covering the subject in impressive detail, Bryan Le Beau maintains a broad perspective on the events and, wherever possible, lets the historical characters speak for themselves. Le Beau highlights the decisions made by individuals responsible for the trials that helped turn what might have been a minor event into a crisis that has held the imagination of students of American history. This third edition of The Story of the Salem Witch Trials is essential for students and scholars alike who are interested in women's and gender history, colonial American history, and early modern history.

Kurzban's Immigration Law Sourcebook is the first reference thousands of immigration lawyers, immigration judges, and other government officials turn to for reliable answers to both simple and complex immigration issues. It is frequently cited in other immigration resources and case decisions-including the ineffective assistance of counsel ruling in U.S. v. Juarez, 672 F.3d 381 (5th Cir. 2012), in which the court stated that Kurzban's interpretation of the statute would have provided some guidance in the area and "would have helped guide [counsel's] legal discussion…"). Whether you're a seasoned immigration lawyer, a government official charged with reviewing and deciding immigration cases, or you're just starting your immigration law career, it's imperative you have the latest edition of Kurzban's Immigration Law Sourcebook.

Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: * Enriches students' understanding of the dynamics that emerge within public law;* Highlights the impact of historical and societal inequities on public law norms;* Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities.With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.

Expanded and updated, this is a new edition of an essential look at the history, structure, successes, and problems of the US health care system. The United States spends more on health care than any other country in the world. Yet the health of our society and our access to care are worse than in nearly all our peer countries. In the latest edition of Introduction to US Health Policy, Donald A. Barr reviews the structure of the American health care system and explores the various organizations and institutions that make the US health care system work--or fail to work. The book introduces readers to cultural issues surrounding health care policy--such as access, affordability, and quality--and specific elements of US health care, such as insurance programs like Medicare and Medicaid. It scrutinizes the shift to for-profit care while analyzing the pharmaceutical industry, issues surrounding long-term care, the plight of the uninsured, and nursing shortages. This new edition features expanded and updated information on: * The 2010 passage of the Affordable Care Act (ACA), its role in insuring millions of Americans, and Republican efforts to weaken or repeal it * COVID-19's widespread impacts on the US health care system, including the expansion of telehealth services * Differences between Medicaid and Medicare plans and changes to these services in the twenty-first century * Laws affecting US health care, including the Coronavirus Aid, Relief, and Economic Securities Act, the No Surprises Act, the Tax Cuts and Jobs Act, and the Inflation Reduction Act

As early as 1947, Black parents in rural South Carolina began seeking equal educational opportunities for their children. After two unsuccessful lawsuits, these families directly challenged legally mandated segregation in public schools with a third lawsuit in 1950, which was eventually decided in Brown v. Board of Education. Amidst the Black parents' resistance, Elizabeth Avery Waring, a twice-divorced northern socialite, and her third husband, federal judge J. Waties Waring, launched a rhetorical campaign condemning white supremacy and segregation. In a series of speeches, the Warings exposed the incongruity between American democratic ideals and the reality for Black Americans in the Jim Crow South. They urged audiences to pressure elected representatives to force southern states to end legal segregation. Wanda Little Fenimore employs innovative research methods to recover the Warings' speeches that said the unsayable about white supremacy. When the couple poked at the contradiction between segregation and "all men are created equal," white supremacists pushed back. As a result, the couple received both damning and congratulatory letters that reveal the terms upon which segregation was defended and the reasons those who opposed white supremacy remained silent. Using rich archival materials, Fenimore crafts an engaging narrative that illustrates the rhetorical context from which Brown v. Board of Education arose and dispels the notion that the decision was inevitable. The first full-length account of the Warings' rhetoric, this multilayered story of social progress traces the symbolic battle that provided a locus for change in the landmark Supreme Court decision.

The mass street demonstrations that followed the 2020 police murder of George Floyd were perhaps the largest in American history. These events confirmed that even in a digital era, people rely on public dissent to communicate grievances, change public discourse, and stand in collective solidarity with others. However, the demonstrations also showed that the laws surrounding public protest make public contention more dangerous, more costly, and less effective. Police fired tear gas into peaceful crowds, used physical force against compliant demonstrators, imposed broad curfews, limited the places where protesters could assemble, and abused 'unlawful assembly' and other public disorder laws. These and other pathologies epitomize a system in which public protest is tightly constrained in the name of public order. Managed Dissent argues that in order to preserve the venerable tradition of public protest in the US, we must reform several aspects of the law of public protest.

This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

In the early twentieth century, people in the southwestern Pacific nation of Vanuatu experienced rapid population decline, while in the early twenty-first century, they experienced rapid population growth. From colonial governance to postcolonial sovereignty, Moral Figures shows that despite attempts to govern population size and birth, reproduction in Vanuatu continues to exceed bureaucratic economization through Ni-Vanuatu insistence on Indigenous relationalities. Through her examination of how reproduction is made public, Alexandra Widmer demonstrates how population sciences have naturalized a focus on women's fertility and privileged issues of wage labour over women's land access and broader social relations of reproduction. Widmer draws on oral histories with retired village midwives and massage healers on the changes to care for pregnancy and birth, as well as ethnographic research in a village outside the capital of Port Vila. Locating the Pacific Islands in global histories of demographic science and the medicalization of birth, the book presents archival material in a way that emphasizes bureaucratic practices in how colonial documents attempted to render Indigenous relationalities of reproduction governable. While demographic imaginaries and biomedical practices increasingly frame fertility control as an investment in the reproductive health of individual bodies, the Ni-Vanuatu worlds presented in Moral Figures show that relationships between people, land, knowledge, kin, and care make reproduction a distributed and assisted process.

In Freedom's Anchor, famed legal commentator Judge Andrew P. Napolitano makes the case for using natural law principles to restrain government. Going back to Aristotle, Augustine, and Aquinas, Judge Napolitano identifies the origins of Natural Law Theory and explains its growth and development in English and American law. He argues compellingly that the idea that our rights come from our humanity - and not from social consensus or government - is enshrined in the Ninth Amendment, authored by none other than James Madison himself, the scrivener of the Constitution, and is binding on the courts today. Freedom's Anchor is essentially a history of law and power in the United States as seen through the lens of Natural Law Theory. This work traces the Supreme Court's explicit acceptance and explicit rejection of these principles. For the first time in one volume, Judge Napolitano gives us the universe of all published works in English (and some in Latin and in Spanish) on Natural Law Theory. He has scoured the Supreme Court's writings and examined all that reflect favorably or unfavorably upon the principles of innate human freedom. After having published nine previous books on the U.S. constitutional history, this is Judge Napolitano's magnum opus. It reflects a lifetime of thinking and understanding by one of America's preeminent legal thinkers. Scholars, judges, and law students will love this book. And non-lawyers who read this book - interested in the courts' historical treatment of fundamental human freedoms and how we lost them - will say to each other: "Wow. I didn't know that! There is still hope."

Indigenous Australians are the most incarcerated people on the planet. Indigenous men are fifteen times more likely to be locked up than their non-Indigenous counterparts; Indigenous women are twenty-one times more likely. Featuring vivid case studies and drawing on a deep sense of history, Black Lives, White Law explores Australia's deplorable record of locking up First Nations people. It examines Australia's system of criminal justice - the web of laws and courts and police and prisons - and how that system interacts with First Nations peoples and communities. How is it that so many are locked up? Why have imprisonment rates increased in recent years? Is this situation fair? Almost everyone agrees that it's not. And yet it keeps getting worse.

Since the 1990s, development-induced displacement has emerged as a major human rights concern. At the heart of this debate lie the issues of equity, governance, justice and power. There are many examples of dam-induced displacement and resettlement being mismanaged and thus leading to enormous social and environmental costs. The developing impasse necessitated fresh insights into the lives of affected people, and a review of assumptions, questions and options in social engineering, a challenge that was taken up in sociological and anthropological research. This book is an endeavour to fill this gap by providing a comprehensive outlook on the human rights issues involved in development induced displacement. This book is a sincere effort to provide a critical analysis of the environmental, social and economic impacts of development projects. It further calls for a serious deliberation on the human rights aspects of development induced displacement.

This Short and Happy Guide provides students with the essential concepts and overarching themes that are most frequently tested on the MPRE. The Guide covers the rules of professional responsibility giving students the best introduction they can have as they begin their exam preparation.

The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.

This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.

The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.

Book bans and challenges frequently make the news, but when the reporting ends, how do we put them in context? The Fight against Book Bans captures the views of dozens of librarians and library science professors regarding the recent flood of book challenges across the United States, gathered in a comprehensive analysis of their impact and significance. It also serves as a guide to responding to challenges. Chapter authors provide first-hand accounts of facing book challenges and describe how they have prepared for challenges, overcome opposition to certain books, and shown the value of specific library materials. Library science faculty with a range of specialties provide relevant background information to bolster these on-the-ground views. Together, the chapters both articulate the importance of intellectual freedom and demonstrate how to convey that significance to others in the community with passion and wisdom. This volume provides a timely and thorough overview of the complex issues surrounding the ongoing spate of book challenges faced by public and school libraries.

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief. Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Nothing More than Freedom explores the long and complex legal history of Black freedom in the United States. From the ratification of the Thirteenth Amendment in 1865 until the end of Reconstruction in 1877, supreme courts in former slave states decided approximately 700 lawsuits associated with the struggle for Black freedom and equal citizenship. This litigation - the majority through private law - triggered questions about American liberty and reassessed the nation's legal and political order following the Civil War. Judicial decisions set the terms of debates about racial identity, civil rights, and national belonging, and established that slavery, as a legal institution and social practice, remained actionable in American law well after its ostensible demise. The verdicts determined how unresolved facets of slavery would undercut ongoing efforts for abolition and the realization of equality. Insightful and compelling, this work makes an important intervention in the history of post-Civil War law.

This book is a compendium of emergent global Human Rights Scholarship offering current ruminations on justice, indigeneity, gender, security, and human rights. This edited collection examines Access to Justice, Allyship and Equality, Human Rights and Social Justice, the Rights of Indigenous People, Indigenous Rights and the University, Transgender Healthcare, Femicide, Women Workers, Extremism and Misogyny, Human Rights and Aging, cyberwarfare, climate change.

Machine translation (MT) has made huge strides in the last few decades. In the legal field, however, there are only a few academic works dedicated to exploring how MT can be successfully applied in legal translation practice. There is currently a gap in the literature that concerns studies on the automated translation of legal documents drawn up by international law firms and/or tackled by legal translators. This book bridges this gap by providing an in-depth analysis of MT in legal practice. It explores whether, and to what extent, MT can be considered reliable, or at least acceptable, in the legal field and in legal practice. It investigates whether MT target texts can be used as drafts to be processed further (i.e., post-edited), how we might tackle MT's shortcomings, and how MT tools could be supplemented with other language resources.

This edited volume critically examines the Responsibility to Protect (R2P) as a guiding norm in international politics. After NATO's intervention in Libya, against the backdrop of civil wars in Syria and Yemen, and because of the cynical support for R2P by states such as Saudi Arabia, this norm is the subject of heavy criticism. It seems that the R2P is just political rhetoric, an instrument exploited by the powerful states. Hence, the R2P is being challenged. At the same time, however, institutional settings, normative discourses and contestation practices are making it more robust. New understandings of responsibility and the politics of protection are creating new normative spaces, patterns of legitimacy, and norm entrepreneurs, thereby reinforcing the R2P. This book's goals are to discuss the R2P's roots, institutional framework, and evolution; to reveal its shortcomings and pitfalls; and to explore how it is exploited by certain states. Further, it elaborates on the R2P's strength as a norm. Accordingly, the contributions presented here discuss various ways in which the R2P is being challenged or confirmed, or both at once. As the authors demonstrate, these developments concern not only diplomatic communication and political practices within international institutions, but also to normative discourses. Furthermore, the book includes chapters that reevaluate the R2P from a normative standpoint, e.g. by proposing cosmopolitan standards as a guide for states' external behavior. Other contributors reassess the historical evidence from U.N. negotiations on the R2P principle, and the productive or restrictive role of institutions. Discussing new issues relating to the R2P such as global and regional power shifts or foreign policy, as well as the phenomenon of authoritarian interventionism under the R2P umbrella, this book will appeal to all IR scholars and students interested in humanitarianism, norms, and power. By analyzing the status quo of the R2P, it enriches and broadens the debate on what the R2P currently is, and what it ought to be.

Societal Stress and Law draws attention to the social side effects of law by developing the sociological concept of society-level stress, a corollary of the concept of individual-level stress in the biological sciences. To encourage interest in societal stress, the book looks at (1) instances of law adopted by American states that the U.S. Supreme Court held unconstitutional and (2) actions by American states with regard to a proposal to amend the federal Constitution. The Court rulings and the proposed constitutional amendment were capable of producing societal stress because they were seen by a sizeable segment of the U.S. public as being incompatible with significant American traditions. In original studies that apply logistic regression to state-level statistical data, the book identifies sociological variables that predict state differences in the adoption of this law and state differences in actions on the proposed constitutional amendment. Because these variables represent societal agents that affected whether a state experienced social stress from the rulings and proposal, the book blends theory with empirical research and illustrates how each can support the other in law-focused scholarship.

The phenomenon of child trafficking holds a unique position as an issue of significant contemporary relevance, occupying a principal place in debates about human rights today. The interchangeable terms trafficking and modern slavery evoke emotive responses and proclamations about abolition of contemporary ills, viewed as the ultimate aberration when a child is involved. The classification of children under legal frameworks marks them as different, as 'other', and in the context of laws implemented to address trafficking, slavery, and children on the move more generally, this distinction is complicated. This book charts the emergence, decline and re-emergence of child trafficking law and policy during the twentieth and twenty-first centuries. It provides a systematic and comprehensive overview of the historical origins of child trafficking by utilising the wealth of information located within the non-digitised archives of the League of Nations. It focusses upon the Committee on the Traffic in Women and Children to engage with League of Nations policy to provide an insightful and original contribution to the current body of literature. This is a book that seeks to critique the entanglements of children's rights and colonialism in relation to the mobility and exploitation of children. It centralises the legacy of colonialism, the undercurrents of race, white supremacy, patriarchy, and their ongoing influence upon contemporary anti-trafficking legal and policy responses. Through utilizing what the author identifies as the 'anti-trafficking machine' as a theoretical framework, the book challenges contemporary law and policy responses to child trafficking. This theoretical framework has been adopted to illustrate a central hypothesis of the book - that the contemporary anti-trafficking agenda is both imperialist and a continuity of colonial attitudes.

The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law - including the law relating to collective bargaining, and remedies against exploitation.

In Narrating Humanity, Cynthia G. Franklin makes a critical intervention into practices of life writing and contemporary crises in the United States about who counts as human. To enable this intervention, she proposes a powerful new analytical language centered on "narrative humanity," "narrated humanity," and "grounded narrative humanity" and foregrounds concepts of the human that emerge from movement politics. While stories of "narrative humanity" propagate the status quo, Franklin argues, those of "narrated humanity" and "grounded narrative humanity" are ones that articulate ways of being human necessary for not only surviving but also thriving during a time of accelerating crises brought on by the intersecting effects of racial capitalism, imperialism, heteropatriarchy, and climate change. Through chapters focused on Hurricane Katrina; Black Lives Matter; the Palestinian-led Boycott, Divestment and Sanctions movement; and the Native Hawaiian movement to protect Mauna a Wākea, Franklin reveals how life writing can be mobilized to do more than perpetuate dominant forms of dehumanization that underwrite violence. She contends that life narratives can help materialize ways of being human inspired by these contemporary political movements that are based on queer kinship, inter/national solidarity, abolitionist care, and decolonial connectivity among humans, more-than-humans, land, and waters. Engaging writers, artists, and activists who inspire radical forms of relationality, she comes to write side-by-side with them in her own acts of narrated humanity by refusing the boundaries between autobiography, community-based activism, and literary and cultural criticism.

Persuasive Writing: A Storytelling Approach teaches students how to write effective motion briefs, and other types of non-adversarial persuasive writing by threading a narrative or "storytelling" theme throughout the entire text. This text endorses a three-stage framework--processing, packaging and revising --for integrating storytelling into any type of persuasive writing and is premised on the theory that Legal Storytelling is the most effective backdrop for effective advocacy. Organized to make the material accessible and highlight the intuitive nature of legal storytelling, this text will give the novice legal writer several resources to engage with the legal storytelling process.

This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.

If war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers' enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.

Each entry in this essential collection of primary resources on capital punishment features an authoritative introduction and analysis that helps provide crucial context for understanding the evolution of law and public attitudes toward the death penalty in America, from colonial times to the present.Showcasing key primary documents that illuminate the ongoing debate and turbulent history of capital punishment in the United States, this collection gathers a wide range of fascinating and momentous documents, including court decisions and transcripts, legislation, personal accounts and perspectives, congressional testimony, and government documents. Since these documents reflect all political perspectives and messaging, students will gain valuable insight into the evolution of public opinion and government policy on the death penalty in America. To better understand these documents, each primary source is prefaced with an introduction and followed by scholarly analysis. These documents and accompanying analysis complement one another, helping students gain a better and more accurate understanding of the viewpoints, convictions, and perspectives that have shaped American attitudes and practices toward capital punishment since the United States' earliest days.

How and when is income taxable? To whom will it be taxable? This Nutshell summarizes the U.S. federal income tax law for individuals, defines income, and identifies the different types of deductions available to a taxpayer. The book explains statutory inclusions and exclusions from gross income, profit-related deductions, mixed deductions, personal deductions, other allowances, and the rules for determining taxable income. Sales and dispositions of property, taxation of capital gains and losses, and special tax rates are covered. The book also explores the policy and purposes of, and alternatives to, existing legal rules.

In the Senate Confirmation Hearings on his nomination, Chief Justice John Roberts memorably stated that he believed that the proper role of judges is "to call balls and strikes," an analogy repeated by Justice Kavanaugh in his hearings. This book makes clear, however, that the justices have often changed the strike zone. They have overruled past precedent, significantly expanded or limited prior rulings, created new constitutional rights such as that protecting same-sex marriage, while striking down constitutional rights recognized for many years, including a woman's right to choose an abortion. The book carefully reviews some 200 cases, highlighting what the justices themselves have said in explaining their rulings. It also notes how the dissenting opinions are particularly valuable in explaining the dissenters' often accurate contentions that some decisions significantly changed prior precedent. The book begins with cases decided in the 19th and 20th centuries to give the background of the constitutional issues discussed, but the overall focus is on 21st-century decisions since they have accelerated changes in constitutional law.

The revised printing of Dispelling the Myths of Abortion History is updated to reflect the Dobbs v. Jackson Women's Health Organization decision, the 2022 United States Supreme Court case that overruled its earlier decisions in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) and returned the issue of abortion to the States. The book retains its core discussion of Roe v. Wade, specifically how Justice Harry Blackmun structured the argument of the majority around the history of abortion laws. That history built on the work of law professor Cyril Means, Jr., and historian James Mohr. Means and Mohr proclaim four theses as summarizing the "true" history of abortion in England and America: (1) Abortion was not a crime "at common law" (before the enactment of abortion statutes in the nineteenth century). (2) Abortion was common and relatively safe during this time. (3) Abortion statutes were enacted in the nineteenth century in order to protect the life of the mother rather than the life of the embryo or fetus. (4) The moving force behind the nineteenth-century statutes was the attempt of the male medical profession to suppress competition from competing practitioners of alternative forms of medicine. This book dispels these myths and sets forth the true history of abortion and abortion law in English and American society. Anglo-American law always treated abortion as a serious crime, generally including early in pregnancy. Prosecutions and even executions go back 800 years in England, establishing law that carried over to colonial America. The reasons offered for these prosecutions and penalties consistently focused on protecting the life of the unborn child. This unbroken tradition refutes the claims that unborn children have not been treated as persons in our law or as persons under the Constitution of the United States.

In this book, Omer Awass examines the formation, history, and transformation of the Islamic legal discourse and institutions through the lens of a particular legal practice: the issuance of fatwas (legal opinions). Tracing the growth of Islamic law over a vast geographical expanse -from Andalusia to India - and a long temporal span - from the 7th to the 21st century, he conceptualizes fatwas as the 'atomic units' of Islamic law. Awass argues that they have been a crucial element in the establishment of an Islamic legal tradition. He also provides numerous case studies that touch on economic, social, political, and religious topics. Written in an accessible style, this volume is the first to offer a comprehensive investigation of fatwas within such a broad spatio-temporal scope. It demonstrates how instrumental fatwas have been to the formation of Islamic legal traditions and institutions, as well as their unique forms of reasoning.

This Guidebook replaces Managing closely held corporations : a legal guidebook, which was published in 2003

Since first appearing in 2002, Bryan A. Garner's legal-style manual The Redbook has established itself as the go-to source for all questions of legal writing (apart from citation form). The book isn't just the effort of a preeminent legal editor: Garner has enlisted not only his experienced team but also a group of 54 editorial advisers, most with long and valuable experience teaching LRW. The book is a one-of-a-kind resource--the legal writer's equivalent of The AP Stylebook or The Chicago Manual of Style. The brand-new fifth edition has lots of new material, including updates relating to pronoun use (especially they) and questions of unconscious bias. The two exhaustive indexes (word and subject), plus the detailed table of contents, make it easy to find authoritative guidance within seconds--whatever the question might be. The author, Bryan A. Garner, is now the most frequently cited writer in American judicial opinions. He has produced the past five editions of Black's Law Dictionary and is the coauthor of Reading Law: The Interpretation of Legal Texts (with the late Justice Antonin Scalia). He has written more than 25 books that are widely relied on as authoritative. You can rely on him, too, for the most comprehensive, nitty-gritty resource available to legal writers: The Redbook: A Manual of Legal Style. Whether you're preparing a brief, a contract, or a memo, don't circulate a draft without consulting the latest edition.

This study looks closely at which lawyers read and post in law blogs, and how much they use them. The study gives detailed distinct data sets on blog readers and posters, as well as data on their evaluation of the effectiveness of blog posting. Respondents list their favorite law blogs, and their feelings about their firm’s strategies in legal blogging.

Legal and Ethical Issues for Health Professionals, 6th Edition, has been designed to assist the reader in a more comfortable transition from the didactics of the classroom to the practical application in the workplace. The 6th Edition provides the reader with a clearer understanding of how the law and ethics are intertwined as they relate to health care dilemmas. The 6th Edition, as with previous editions, has been designed to introduce the reader to various ethical-legal issues and should not be considered an in-depth or comprehensive review of a particular ethical-legal issue. The book is a call to arms to do good things, to stand out from the crowd, because acts of caring, compassion, and kindness often go unnoticed.

In the spirit of truth and reconciliation, judges, lawyers, and law enforcement officers write about working with First Nations, Métis, and Inuit Peoples through their trials and tribulations with the criminal justice system. The stories are a mix of previously published essays from the True Cases anthologies with an equal number of new chapters by legal and law enforcement professionals including Justice Thomas Berger (posthumous), Justice Nancy Morrison, Justice John Reilly, Senator Kim Pate, lawyers Eleanore Sunchild, Brian Beresh, and John L. Hill, and parole and police officers Doug Heckbert, Ernie Louttit, Val Hoglund, and Sharon Bourque.

This book demonstrates how a focus on children's rights can help practitioners to safeguard children during humanitarian crisis. Child Rights in Humanitarian Crisis focuses on understanding and advancing child rights through practical applications of a child rights perspective in crisis response. The book establishes that with accessible, child-friendly participatory means, crisis response can improve from a child rights perspective and even advance children's rights whilst also supporting and furthering the development of a child's agency. The volume presents the reader with a clear focus on children from a range of backgrounds, including those most marginalised, such as children with disabilities. Drawing on expertise from the field as well as academia, and providing practical examples which link case studies to legal policies in recent and protracted humanitarian responses, such as in Turkey and at the Lithuania-Belarus border, this book is a treasure trove of advice from some of the humanitarian and development sector's most experienced professionals. Combining insights from both research and practice, this book will be an essential read for humanitarian students and practitioners.

Follow a trial lawyer's career through the demanding, often controversial, and suspenseful world of jury trials, tension-filled appeals and the different worlds of courtrooms, jail cells, corporate boardrooms, and law firms. Each of the cases in the nineteen chapters were selected from a total of his 150 jury trials to reflect issues of current importance, including refugees on the Mexican border, gargantuan gender battles inside one of the largest corporations in the world, sexual taboos on national television, accusations of terrorism, government agents who cheat, innocent prisoners in our jails, the constitutional right to speak and print the truth, bringing law to a war zone, poverty and murder on Native American Reservations, current problems of hunger in America, and more.

This book examines both border policies and oppositional narratives of "the border," 2011-2021, demonstrating that the term designates not merely a line of territorial control but also a set of social relations shaped by persistent, racially differentiated colonial structures and, more recently, by neoliberal modes of accumulation. These relations are shown to determine access to wealth and/or resources and to enable the management of labor, the extraction of surplus, and the accumulation of capital. Discussion in the book is informed by the history of these policies and by the critical literature on borders. Various cultural texts focusing on two border zones--the US-Mexico and the EU-Southern Mediterranean--are analyzed: specifically, two novels, two films, and two murals examined in conjunction with a music video. A path to a borderless future is suggested: an abolitionist refusal of border rules with an insistence on the necessity of abolition.

An effective protection of minors, whose migration status is not regulated, but whose numbers keep increasing, is an issue in all regions of the globe. Accordingly, one the main areas of reflection in the present volume are legal obligations applicable to children lacking proper documentation, citizenship or registration and thus being in an ?irregular' situation. Specifically, this problem is examined from general human rights law perspective, Convention of the Rights of the Child, regional responses with special attention to African best practices and implementation of international standards on the national level.

The author proposes and defends a constitutional amendment to require that laws of Congress be upheld unless the Supreme Court by unanimous vote decides that a particular law is unconstitutional. This will strengthen the people's right to be governed by majority rule, including in cases where rights are concerned.

In a richly narrated historical study, Soufi excavates an Islamic legal culture of critique from the 10th to13th centuries. Focusing on the practice of munazara (disputation), Soufi explores how and why oral debates became a pervasive and revered part of the intellectual legal landscape ofIraq and Persia. Pushing back against claims that classical Muslim jurists sought to weed out differences of opinion, this engaging work presents a community committed to the openness, fluidity, and continued exploration of the law. In uncovering this classical legal culture, Soufi invites readersto question claims about the promise of secular critique in disciplining religious passions and forging human solidarity.

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

The Round House won the National Book Award for fiction. One of the most revered novelists of our time--a brilliant chronicler of Native-American life--Louise Erdrich returns to the territory of her bestselling, Pulitzer Prize finalist The Plague of Doves with The Round House, transporting readers to the Ojibwe reservation in North Dakota. It is an exquisitely told story of a boy on the cusp of manhood who seeks justice and understanding in the wake of a terrible crime that upends and forever transforms his family. Riveting and suspenseful, arguably the most accessible novel to date from the creator of Love Medicine, The Beet Queen, and The Bingo Palace, Erdrich's The Round House is a page-turning masterpiece of literary fiction--at once a powerful coming-of-age story, a mystery, and a tender, moving novel of family, history, and culture.

Drones, like any new technology, give rise to many challenges that require discussion and solutions. Their integration with the manned aviation system is one of the most important challenges for the future of aviation and requires the development of regulations regulating related issues to their use. As part of the monograph, the current safety regulations in civil aviation were analyzed in terms of assessing their application to drone opera-tions and analyzing of all those issues that should be taken into account when creating legal regulations for the use of drones. In addition, an in-depth analysis of issues such as the protection of the right to privacy, protection of property rights, liability for damage caused by drones, liability insurance was made.

Justice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned--from Dred Scott to Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices--and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices--ideologues and cowards, geniuses and mediocrities, all of them thoroughly human--and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.

This edited collection brings together leading and emerging scholars in the important field of sexual violence scholarship. The last 10 years have witnessed an international reckoning on sexual violence, typified in the mainstream imagination by the #MeToo movement, acknowledgement of the violence of university campus life, and the overdue recognition of the enduring harms of child sexual abuse. While the state has been forced to respond through law and other political processes, at times revealing its agility and at other times its archaic investment in the past, much of the real work responding to sexual violence and abuse has taken place within communities, and in the personal responses of the individuals writing the scripts of their experiences. This volume explores the nuances of these individual experiences and considers how they are shaped and reflected by intersecting axes of power including gender, race, class, age and able-bodied status. It reflects on law and law reform in the area and suggests new modes and frames through which to explain and understand sexual violence and institutional responses to it. Debates within this contested personal and political arena do not map onto longstanding binaries of liberal and radical feminism, nor conservative and progressive politics. This interdisciplinary volume traces that murky terrain and features some of the leading international scholars writing on sexual violence in English today. This book will appeal to scholars and students across the broad disciplines of law and legal studies; criminology; gender studies; political science and sociology.

Extending Justice: Strategies to Increase Inclusion and Reduce Bias offers expert perspective and actionable tools for interrupting bias. The first book in this series, Enhancing Justice: Reducing Bias, was written to increase awareness of implicit bias and serve as a benchbook for judges. This book goes the next step to be useful to a wider audience with virtually every chapter offering thoughtful context and practical strategies for interrupting unintentional bias. Edited by two proven leaders in the field, with twenty-six chapters written by fifty diverse authors, the voices here combine to provide wide-ranging and user-friendly science and tools. Perspective comes from authors who are diverse in gender, gender orientation, race and ethnicity, age, ability, education, and profession. Fields covered are also diverse, including law, health, education, artificial intelligence, nonprofits, education, the military, and disability. Thought-provoking essays and interviews on healthcare, extremism, courage, and the silence and invisibility of the Native American community further enrich the work. The chapters are written to stand alone but build on each other for a strong collective whole. Readers will find the book useful in their own disciplines and beyond. Teachers, students, judges, and professionals in all fields can use this work for inspiration and reference as they apply its strategies and thinking to enhance their accomplishments in achieving diversity, equity, and inclusion, individually and systemically.

The Sediq and Truku Indigenous peoples on the mountainous island of Formosa--today called Taiwan--say that their ancestors emerged in the beginning of time from Pusu Qhuni, a tree-covered boulder in the highlands. Living in the mountain forests, they observed the sacred law of Gaya, seeking equilibrium with other humans, the spirits, animals, and plants. They developed a politics in which each community preserved its autonomy and sharing was valued more highly than personal accumulation of goods or power. These lifeworlds were shattered by colonialism, capitalist development, and cultural imperialism in the twentieth century. Based on two decades of ethnographic field research, Truly Human portrays these peoples' lifeworlds, teachings, political struggles for recognition, and relations with non-human animals. Taking seriously their ontological claims that Gaya offers moral guidance to all humans, Scott E. Simon reflects on what this particular form of Indigenous resurgence reveals about human rights, sovereignty, and the good of all kind. Truly Human contributes to a decolonizing anthropology at a time when all humans need Indigenous land-based teachings more than ever

Explores the failures of family court and calls for immediate and permanent change At the turn of the twentieth century, American social reformers created the first juvenile court. They imagined a therapeutic court where informality, specially trained public servants, and a kindly, all-knowing judge would assist children and families. But the dream of a benevolent means of judicial problem-solving was never realized. A century later, children and families continue to be failed by this deeply flawed court. The End of Family Court rejects the foundational premise that family court can do good when intervening in family life and challenges its endless reinvention to survive. Jane M. Spinak illustrates how the procedures and policies of modern family court are deeply entwined in a heritage of racism, a profound distain for poverty, and assimilationist norms intent on fixing children and families who are different. And the court?s interventionist goals remain steeped in an approach to equity and well-being that demands individual rather than collective responsibility for the security and welfare of families. Spinak proposes concrete steps toward abolishing the court: shifting most family supports out of the court?s sphere, vastly reducing the types and number of matters that need court intervention, and ensuring that any case that requires legal adjudication has the due process protections of a court of law. She calls for strategies that center trusting and respecting the abilities of communities to create and sustain meaningful solutions for families. An abolitionist approach, in turn, celebrates a radical imagination that embraces and supports all families in a fair and equal economic and political democracy.

Shipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.

The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction sets out the difficulty of defining religion itself and the subsequent impact this has on creating laws which regulate and protect it. Taking a global comparative approach, Frank S. Ravitch guides the reader in how this unique interaction plays out in differing legal systems including in the U.S., Europe, and Asia. Providing further context by contrasting specific case studies, the book provides a rounded and coherent exploration of the complexities of law in relation to religion. Key Features: Addresses the many issues surrounding religious exceptions to general laws Considers the extent of separation between government and religion, and the role of courts in deciding religious questions Looks at the ways in which law may govern discrimination by government or by private entities, based on religion or religious concerns Explores the multifaceted interactions between religion and law in many areas, including human rights; public schooling; health and property; tax exemptions; and clergy abuse This foundational book offers a platform for researchers and students in the fields of law, political science, ethics, and religious studies. It also provides valuable insight for lawyers, judges and legislators with a focus on law and religion. .

This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book works for dedicated civil rights courses and larger federal courts classes; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as a supplemental study guide for students wanting additional background, context, and synthesis of the material. The third edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Explores the doctrinal areas that have undergone substantial changes or challenges since the prior edition, including the retraction of Bivens; the extension, criticism, and cross-ideological calls for reform of qualified immunity; the narrowing of abstention; debates over the scope of injunctive relief; and the Supreme Court's increasing engagement earlier in constitutional cases. Explores new applications of long-standing doctrines, including controversies over when social-media companies and public officials act under color of state law in controlling who has access to sites and pages. Adds new and expanded "Puzzles" for most topics within the book. These short problems, drawn from news stories, lawsuits, and lower-court decisions, challenge students to work through and apply the doctrine. The book can serve as a primary source for a problem-centered civil rights courses. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes and rules that govern in civil rights and constitutional litigation.

In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to 'make provisions for appropriate modes of settlement of [...] disputes of a private law character' to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The book develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.

The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this carefully drafted work, Ernst Hirsch Ballin uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. Offering a critical overview of the theories underlying methodological research, as well as the methods themselves, the book explores how such methods differ along critical, empirical, and fundamental lines, and how, by building on these approaches, legal research may contribute to well-considered developments in the law. Such explorative research, the author argues, is crucial in overcoming crises and restoring trust in the law. Key features include: an exploration of the common object of legal research: law in the sense of legal rules, decisions, principles and values special emphasis on the legal-grammatical category of personhood and on constitutional foundations a consideration of law as a normative language intended to guide behaviour a consideration of the theoretical underpinnings of legal research methods. This Advanced Introduction will greatly benefit legal scholars who seek to understand the object and methods of their work, as well as law and philosophy students looking to grasp the theoretical and methodological foundations of law and legal development.

Our oceans need a strong and effective environmental rule of law to protect them against increased pressures and demands, including climate change, pollution, fisheries, shipping and more. The environmental rule of law for oceans requires the existence of a set of rules and policies at multiple governance levels that appropriately regulate human activities at sea and ensure that pressures on the marine ecosystem are tackled effectively. Adhering to the rule of law through clear, predictable, coherent, and legitimate rules, and their implementation and enforcement, is timely and urgent. In this book, we are searching for ways to improve, strengthen and further develop the environmental rule of law for oceans. The book provides future-oriented perspectives on how law should evolve to better preserve the oceans. All chapters incorporate novel insights and ideas for legal solutions that might inspire scholars, actors, authorities, citizens and communities around the globe. This title is Open Access.

An intellectual history of sovereignty that reveals how the Habsburg Empire became a crucible for our contemporary world order Sprawled across the heartlands of Europe, the Habsburg Empire resisted all the standard theories of singular sovereignty. The 1848 revolutions sparked decades of heady constitutional experimentation that pushed the very concept of "the state" to its limits. This intricate multinational polity became a hothouse for public law and legal philosophy and spawned ideas that still shape our understanding of the sovereign state today. The Life and Death of States traces the history of sovereignty over one hundred tumultuous years, explaining how a regime of nation-states theoretically equal under international law emerged from the ashes of a dynastic empire. Natasha Wheatley shows how a new sort of experimentation began when the First World War brought the Habsburg Empire crashing down: the making of new states. Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. Wheatley explores how the Central European experience opens a unique perspective on a pivotal legal fiction--the supposed juridical immortality of states. A sweeping work of intellectual history, The Life and Death of States offers a penetrating and original analysis of the relationship between sovereignty and time, illustrating how the many deaths and precarious lives of the region's states expose the tension between the law's need for continuity and history's volatility.

Outlines the successes and failures of the movement to support survivors of violence The Victims? Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants? families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises ?closure? to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on ?victimhood.? He urges a reframing of the movement to fight for universal health care and limits on access to weapons?two policies that would reduce the number of victims and help those who do become victims of crime.

Privacy is one of the most contested concepts of our time. This book sets out a rigorous and comprehensive framework for understanding debates about privacy and our rights to it. Much of the conflict around privacy comes from a failure to recognise divergent perspectives. Some people argue about human rights, some about social conventions, others about individual preferences and still others about information and data processing. As a result, 'privacy' has become the focus of competing definitions, leading some to denounce the 'disarray' in the field. But as this book shows, disagreements about the role and value of privacy obscure a large amount of agreement on the topic. Privacy is not a technical term of law, cybersecurity or sociology, but a word in common use that adequately expresses a few simple and related ideas.

Sources and Strategies of Legal Research, intended for use in first-year legal writing and research courses, offers a new approach to the course subject matter based on the concept that legal analysis is essential to legal research. This concise book is unique in two ways: it places legal analysis as the focal point of legal research; and it departs from the typical source-specific or bibliographical approach, instead taking a process-oriented approach, focusing on search strategies for efficiently and effectively finding information. The book is organized around six fundamental questions: What is legal analysis in a research context? What source has the relevant information needed to resolve the client's problem? Why should a researcher select this specific source? How should the information be used to advance the research process? What is the optimal research strategy to locate the information efficiently and effectively? What is a research strategy or plan? By incorporating the author's scholarship in the pedagogy of legal research, Sources and Strategies of Legal Research presents a contemporary approach to legal research within the larger context of the legal profession.

Over 150,000-copies sold! Author Howard Zehr is the father of Restorative Justice and is known worldwide for his pioneering work in transforming our understanding of justice. Here Zehr proposes workable principles and practices for making Restorative Justice possible in this revised and updated edition of his bestselling, seminal book on the movement. Restorative Justice, with its emphasis on identifying the justice needs of everyone involved in a crime, is a worldwide movement of growing influence that is helping victims and communities heal, while holding criminals accountable for their actions. This is not soft-on-crime, feel-good philosophy, but rather a concrete effort to bring justice and healing to everyone involved in a crime. In The Little Book of Restorative Justice, Zehr first explores how restorative justice is different from criminal justice. Then, before letting those appealing observations drift out of reach into theoretical space, Zehr presents Restorative Justice practices. Zehr undertakes a massive and complex subject and puts it in graspable from, without reducing or trivializing it. Topics include: Three pillars of restorative justice The "who" and the "how" are important The goals of restorative justice Core approaches often involve an encounter And much more! This resource is also suitable for academic classes and workshops, for conferences and trainings, as well as for the layperson interested in understanding this innovative and influential movement.

In post-war Sierra Leone, a range of transitional justice mechanisms were implemented to address experiences of conflict, violence, and human rights violations. Much of the research on local transitional justice processes has focused on the work of organisations, failing to acknowledge how individual and communal dynamics shape and are shaped by these programs. Drawing on original fieldwork in Sierra Leone, Laura S. Martin moves beyond discussions measuring effectiveness and considers how people navigate their circumstances in conflict and post-conflict societies. Developing the idea of recognised and unrecognised transitional justice processes, Martin uses Fambul Tok as an example of a recognised local transitional justice program and shows how ordinary Sierra Leoneans appropriated Fambul Tok's agenda for their own purposes. Ultimately, this book highlights the crucial role of agency and the diverse range of actors involved in transitional justice processes. Justice, as Martin powerfully argues, is not something that happens to or for people, but is enacted by individuals and communities.