New Books: October 2023

As Qatar's aspirations of becoming a key location for international dispute settlement and international trade grow, so too does the importance of understanding private law in Qatar and the Gulf states. In this innovative book, Ilias Bantekas and Ahmed Al-Ahmed provide an original, English-language treatise on the contract law of Qatar. Using an abundance of case law, the authors combine scholarly and practice-oriented expertise to develop a comprehensive treatment of Qatari contract law. The analysis is drawn from a wealth of judgements from the Qatari Court of Cassation and Court of Appeal, much of which was previously inaccessible to readers. Bringing sophisticated, detailed insights on Qatari law to an English-speaking legal audience, this is a vital text for academics, practitioners and students who wish to comprehend this increasingly influential global player. This title is available as Open Access on Cambridge Core.

Optimize your ability to pass the Multistate Professional Responsibility Exam (MPRE)! Strategies & Tactics for the MPRE is filled with questions released from the National Conference of Bar Examiners (NCBE), as well as additional questions, based on NCBE content and style, for extra practice. Thorough explanations of the correct and incorrect answers provide you with the analyses you need to master the MPRE.  Strategies & Tactics for the MPRE features: Basic information about the MPRE and what to expect A recap of important terminology you will need to know Expert advice on how to avoid common mistakes and spot tricky questions 300 practice questions, over 150 of which are actual NCBE-released questions from past MPRE exams, all with answers In-depth, detailed answers to every question that explain not only why the correct answer is correct, but why the other choices are not Advice on how to benefit the most from the practice exam questions A detailed strategy for approaching the exam and logical rules to use to deconstruct each question

From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today--about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution--and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to "originalism," arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn't contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects--what it does to our rights and our institutions. It must respect those rights and institutions--and safeguard the conditions for democracy itself. Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies   The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is.   Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself.   To restore the Court's legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach--ranging from LGBTQ rights to immigration to juvenile justice--Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.

Great lawyers aren't born; they're trained. And the best training is practice. Practice opportunities can be hard to come by in the real world and time consuming in mock-trial situations. 101 Vignettes for Improving Trial Evidence Skills is the ideal solution for achieving that practice. The new edition of this classic in evidence and trial advocacy drills is the perfect exercise manual for building the muscle memory every lawyer needs. 101 Vignettes for Improving Trial Evidence Skills is filled with short, easy-to-understand scenarios designed to pinpoint the situations that call for objection and response, encouraging quick thinking. Additionally, this resource provides a context for a better understanding of the rules of evidence as they are applied--a skill set every successful attorney needs. Useful in both a classroom and a conference room, 101 Vignettes for Improving Trial Evidence Skills is a book you will reach for over and over. New to the Second Edition: Updated vignettes Questions for each pause Professors and students will benefit from: Experiential learning opportunities that require no preparation time Quick, "low stakes" practice of trial and evidence skills A proven pedagogical method of teaching the practice skills

In late 2023 Australians will vote in a referendum on enshrining an Indigenous Voice to parliament and government in the Constitution. What benefits will the Voice bring? And what was the journey to this point?Everything You Need to Know About the Voice, written by co-author of the Uluru Statement from the Heart, Cobble Cobble woman Megan Davis, and fellow constitutional expert George Williams is essential reading on the Voice to parliament and government, how our Constitution was drafted, what the 1967 referendum achieved, and the Uluru Statement. It charts the journey of this nation-building reform from the earliest stages of Indigenous advocacy and, importantly, explains how the Voice offers change that will benefit the whole nation.

Examples & Explanations: Evidence is the most clear, effective, and concise text available for students today. Beautifully organized, with compelling examples and questions, this ancillary delivers exactly the right level of detail for a student's introduction to evidence law. New to the 13th Edition: Amended treatment of admissibility of completing statements, whether or not recorded (Rule 106). New provision allowing orders prohibiting excluded witnesses from accessing or receiving trial testimony (Rule 615). Amended provision for expert testimony, requiring the proponent to persuade the judge it is more likely than not that the expert's opinion reflects a reliable application of appropriate principles and methods to the facts of the case (Rule 702). Key Features: Structured chapters that present all the information a student needs to respond to the Example problems (the Explanations never rely on material that was absent from the chapter text)--making those problems a powerful reinforcement tool. A concise approach, with only 255 pages of text, giving ample coverage of the main topics in typical Evidence courses and giving appropriately briefer coverage of peripheral topics. A full presentation of the text of the Federal Rules, with "plain language" explanations, in a 56-page Appendix.

This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers' compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. The work also addresses mass toxic torts and the procedural issues that accompany them. Substantial updates include public nuisance actions; liability for "take-home" toxins; and numerous issues arising in litigation involving talc, PFAS ("forever chemicals"); e-cigarettes; glyphosate; and opioids.

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 comprehensive Advanced Introduction provides an overview of contract law and contemporary contract theory. Demonstrating that an understanding of theory and policy is a vital aspect of being an effective practicing lawyer, Brian H. Bix explores the various theoretical approaches which can best explain and justify contract law, arguing for greater critical attention to the connections between contract law theory, practice, and teaching. Key Features: Concise and accessible format Combines analysis of contract doctrine and theory Includes detailed Restatement, UCC and case references Analyses the strengths and weakness of a variety of theoretical approaches Examines contract law formation, interpretation, performance, the right of duties of third persons, and remedies The Advanced Introduction to Contract Law and Theorywill be an invaluable resource for students wanting to understand contract law and its theoretical underpinnings. It will also prove an essential guide for scholars seeking an authoritative guide to current doctrine and debates in the field of contract law.

-- Salient and timely topic -- Critical examination of the intersections of democracy, class, race, inequality, and postcolonial memory -- Key roster of contributors and scholars -- Further series aims and goals

This book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including 'social origin' in international labour law and laws in Australia and South Africa, 'social condition' and 'family status' in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.

It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), the book illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core.

This book is a timely examination of congressional oversight in the United States, serving as a definitive guide for scholars and political, legal, and media observers seeking to navigate contemporary conflicts between Congress and the White House. Author Daniel Epstein has spent his professional career as a lawyer serving all sides of the regulatory process: he ran investigations for Congress, defended the White House from congressional oversight, and represented individuals, nonprofit news organizations, and entrepreneurs in federal court to fight for regulatory transparency and fairness. Epstein uses historical and observational data to argue that the modern federal bureaucracy did not begin as a regulatory state but as an investigative state. The contemporary picture of Congress having empowered the bureaucracy to set policy through rules is a relatively recent development in the political development of administrative law.  The book's novel econometric models and historical analyses force a shift in how legal scholars and judges understand delegation, congressional oversight, and agency investigations.

Comprehensive and accessible, this one-stop resource examines the history, development, and present state of free speech issues on college campuses, including a range of political perspectives and viewpoints. It explains such concepts and forces as academic freedom, intellectual benefits of open debate, using speech as a weapon of hate and harassment, and the history of campus social protest. It also presents a broad survey of the arguments and rhetoric--as well as actual record--of America's two major parties on campus free speech and academic freedom issues. Other focuses of coverage include major laws and commonly employed college and university policies governing free speech and civil liberties for students, faculty, and other employees on campuses and classrooms across the country.This book accomplishes all of the above via a combination of informative resources--tables, primary documents, biographical profiles, illuminating essays, a chronology, and more--that are the trademark of the Contemporary World Issues series.

How one law tells the story of America's modern criminal justice movement In late 2018, the First Step Act was signed into law by President Donald Trump just hours before a government shutdown. It was one of few major pieces of federal criminal justice reform since the 1970s to move toward reversing the incarceration frenzy that had characterized United States policy. While it did not amount to revolutionary reform, in Reform Nation, Colleen P. Eren investigates it as a symbol for the larger movement's trajectory. Its unlikely passage during a period of political polarization was testament to the power of a new constellation of advocates, stakeholders, and strange bedfellow alliances. These intriguing and complex dynamics are indicative of a longer, twenty-year shift in which the movement became nationalized and mainstreamed. Using in-depth interviews with major players in the national movement, formerly incarcerated activists, celebrities, and donors, this is the first book to turn the mirror back on the criminal justice reform movement itself--the frames used, the voices heard, the capital activated among elite participants, and the bitter controversies. This snapshot in time raises much larger questions about how our democratic processes inform criminal justice policy, and where we are going in the decades to come.

Since the early 1960s, incarcerated Muslims have used legal action to establish their rights to religious freedom behind bars and improve the conditions of their incarceration. Inspired by Islamic principles of justice and equality, these efforts have played a critical role in safeguarding the civil rights not only of imprisoned Muslims but of all those confined to carceral settings. In this sweeping book­­--the first to examine this history in depth--SpearIt writes a missing chapter in the history of Islam in America while illuminating new perspectives on the role of religious expression and experience in the courtroom.

This book's essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified 'good' comparison. While a critique would pursue adjustments to the prevailing model, this text's negative critique seeks a much more radical refurbishment as it utters an emphatic 'no' to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law's institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law - in particular, individuals bringing to bear a critical inclination to their subject-matter.

Susan Ford Wiltshire traces the evolution of the doctrine of individual rights from antiquity through the eighteenth century. The common thread through that long story is the theory of natural law. Growing out of Greek political thought, especially that of Aristotle, natural law became a major tenet of Stoic philosophy during the Hellenistic age and later became attached to Roman legal doctrine. It underwent several transformations during the Middle Ages on the Continent and in England, especially in the thought of John Locke, before it came to justify a theory of natural right, claimed by Jefferson in the Declaration of Independence as the basis of the "unalienable rights" of Americans.

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights

A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided--so misguided that they undermine law and, ultimately, human thriving. Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. What becomes of men the US locks up and kicks out? From 2009 to 2020, the US deported more than five million people--over 90 percent of them men. Banished Men tells 186 of their stories. How, it asks, does forced expulsion shape men's lives and sense of themselves? In this book, a team of thirty-one Latinx students and an award-winning scholar of gender and migrant exclusion uncover a harrowing system that weaves together policing, prison, detention, removal, and border militarization--and overwhelmingly targets men. Guards and gangs beat them down, both literally and metaphorically, as if they are no more than vermin or livestock. Their ties with family are severed. In Mexico, they end up banished: in limbo and stripped of humanity. They do not go "home." Their fight for new ways of belonging, as people of both "here" and "there," forms a devastating, humane, and clear-eyed critique of the violence of deportation.

This book offers conceptual analyses, highlights issues, proposes solutions, and discusses practices regarding privacy and data protection in transitional times. It is one of the results of the 15th annual International Conference on Computers, Privacy and Data Protection (CPDP), which was held in Brussels in May 2022. We are in a time of transition. Artificial Intelligence is making significant breakthroughs in how humans use data and information, and is changing our lives in virtually all aspects. The pandemic has pushed society to adopt changes in how, when, why, and the media through which, we interact. A new generation of European digital regulations - such as the AI Act, Digital Services Act, Digital Markets Act, Data Governance Act, and Data Act - is on the horizon. This raises difficult questions as to which rights we should have, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, including: data protection risks in European retail banks; data protection, privacy legislation, and litigation in China; synthetic data generation as a privacy-preserving technique for the training of machine learning models; effectiveness of privacy consent dialogues; legal analysis of the role of individuals in data protection law; and the role of data subject rights in the platform economy. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever more important. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

Polycentric climate governance holds enormous promise, but to unleash its full force, policy evaluation needs a stronger role in it. This book develops Nobel Laureate Elinor Ostrom's important work by offering fresh perspectives from cutting-edge thinking on climate governance and policy evaluation. Driven by theoretical innovation and empirical exploration, this book not only argues for a stronger connection between polycentric climate governance and practices of evaluation, but also demonstrates the key value of doing so with a real-world, empirical test in the polycentric setting of the European Union. This book offers a crucial step to take climate governance to the next level. It will be of interest to advanced students and researchers in climate governance, as well as practitioners who seek to enhance climate action, which is needed to avoid a climate catastrophe and to identify a pathway towards the 1.5° Celsius target in the Paris Agreement.

The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.

Today, a transnational constellation of 'rule of law' experts advise on 'good' legal systems to countries in the Global South. Yet these experts often claim that the 'rule of law' is nearly impossible to define, and they frequently point to the limits of their own expertise. In this innovative book, Deval Desai identifies this form of expertise as 'expert ignorance'. Adopting an interdisciplinary approach, Desai draws on insights from legal theory, sociology, development studies, and performance studies to explore how this paradoxical form of expertise works in practice. With a range of illustrative cases that span both global and local perspectives, this book considers the impact of expert ignorance on the rule of law and on expert governance more broadly. Contributing to the study of transnational law, governance, and expertise, Desai demonstrates the enduring power of proclaiming what one does not know. This title is available as Open Access on Cambridge Core.

Human rights and communication are deeply connected: human rights need communication to expose violations and to offer platforms for dialogue, while communication needs human rights to provide standards for free speech and confidentiality. Together, they confront the reality of today's social and international order in which justice and understanding often seem unattainable. In this book, Cees J. Hamelink guides the reader through the historical evolution of communication and human rights. In this original framework, he discusses topics such as the right to communicate and freedom of expression, as well as major challenges posed by the environmental crisis and digital technologies. With authority, he passionately argues that 'communicative justice' is the ultimate goal of applying the international human rights regime to different forms of communication. This goal can only be achieved if we manage to move from the prevailing 'thin' liberal conception of human rights to a 'thick' cosmopolitan conception of them. Written by one of the world's leading scholars in this area, this wide-ranging book will be of interest to students of media and communication, human rights scholars, as well as practitioners, activists and anyone interested in applying the notion of justice to the basis of human existence: communication.

Identifying the optimal price for a transaction involving an intellectual property (IP) asset necessarily involves a thorough, well-reasoned, and well-supported IP valuation analysis. This matchless book draws on decades of experience from the world's most renowned IP valuation experts, patent office chief economists, finance and accounting professors, and top-tier legal professionals to provide clear guidance and immediately actionable knowledge on how to value IP assets in a multitude of scenarios.  The contributors explore all major facets of IP valuation, ranging from the basics of value to technical economic methods in an approachable manner. The book examines the valuation of brands, copyright, trade secrets, patents, and other forms of IP from a multidisciplinary viewpoint with worked examples, draft contract language, case law analysis, and up-to-date theoretical considerations. Issues and topics considered in depth include the following:  fair, reasonable, and non-discriminatory terms; determining reasonable royalty rates; standard essential patents; profit apportionment; discount rates; role of the IP asset manager and multi-functional teams; IP management in collaborative research and development; financial methods and economic considerations; and operationalization of IP valuation in practice.  The handbook is the result of five years of dedication and hard work by the advisors and a growing network of researchers, supporters, and end-users involved in the Asia-Pacific Research and Training Network on Trade.  As IP becomes ever more indispensable in so many activities and industries that cross national borders, the need to overcome the lack of shared understanding of how to approach the valuation of IP becomes more urgent. This book will facilitate consistent approaches to the valuation of IP as an indispensable component of trade, investment, and sustainable economic development. It will provide IP asset managers and transactional attorneys, both seasoned experts and newcomers, with up-to-date methods on how to value IP assets and apply them in practice.

The research of Muluberhan Hagos compares the customary laws of ethnic groups in Eritrea and the modern laws of the country, with a focus on the legal issues in society that emerge, understood from a gender perspective. These issues include the laws of person and gender, abortion, family law, succession and property, the law of contracts and criminal and civil liabilities in gender-related offences. Muluberhan Hagos treats customary law as a system that is dynamic and alive and responds to community matters. It is an excellent and detailed study on the relevance of customary law today. The book, which is part of the GAIC Network and African studies series published with Langaa, makes an important contribution to the literature on legal studies, African studies, social protection and governance.

Sanaz Alasti leaves the mainstream alternatives to incarceration to examine a different, seemingly archaic approach, physical (but non-carceral) punishment--corporal punishment. This book ignites debates about the history, persistence, and use of corporal punishment in criminal justice systems. Alasti compares penological practices in in Western societies, represented by the United States, and Islamic societies, represented by Iran, to analyze which practices are more deterrent, less costly, and most humane. While Alasti does not suggest this should be the norm, she does present intriguing questions. Which is more barbaric? Is judicial corporal punishment a more humane and effective form of punishment compared to incarceration? Is corporal punishment a less cruel alternative to spending years behind bars in primitive and punitive jails and prisons? This book would be of interest to those studying criminology, criminal justice, history, law, and sociology.

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it?In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture's root causes, he calls for what is needed to enable us to bring about change.The author draws on over ten years' experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve - and most importantly, why.

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: "This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner's arbitral library." Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration "This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection." Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

In the absence of formal treaty law, orbital debris has grown exponentially in our most valuable orbital regions. To address this problem, many major spacefaring programs have implemented independent laws and policies meant to mitigate the release and overall threat of debris. However, these individual efforts have not translated into a cohesive international set of regulations to address the growing debris problem. Fortunately, there may exist unappreciated similarities among major international programs, either in whole or part, that once identified could lay the groundwork for the recognition of customary international law. This book reviews a number of major programs in depth and seeks to answer if any commonality among them has likely established customary international law.

American democracy owes its origins to the colonial settlement of North America by Europeans. Since the birth of the republic, observers such as Alexis de Tocqueville and J. Hector St. John de Crèvecoeur have emphasized how American democratic identity arose out of the distinct pattern by which English settlers colonized the New World. Empire of the People explores a new way of understanding this process--and in doing so, offers a fundamental reinterpretation of modern democratic thought in the Americas. In Empire of the People, Adam Dahl examines the ideological development of American democratic thought in the context of settler colonialism, a distinct form of colonialism aimed at the appropriation of Native land rather than the exploitation of Native labor. By placing the development of American political thought and culture in the context of nineteenth-century settler expansion, his work reveals how practices and ideologies of Indigenous dispossession have laid the cultural and social foundations of American democracy, and in doing so profoundly shaped key concepts in modern democratic theory such as consent, social equality, popular sovereignty, and federalism. To uphold its legitimacy, Dahl also argues, settler political thought must disavow the origins of democracy in colonial dispossession--and in turn erase the political and historical presence of native peoples. Empire of the People traces this thread through the conceptual and theoretical architecture of American democratic politics--in the works of thinkers such as Thomas Jefferson, Thomas Paine, Alexis de Tocqueville, John O'Sullivan, Ralph Waldo Emerson, Daniel Webster, Abraham Lincoln, Walt Whitman, and William Apess. In its focus on the disavowal of Native dispossession in democratic thought, the book provides a new perspective on the problematic relationship between race and democracy--and a different and more nuanced interpretation of the role of settler colonialism in the foundations of democratic culture and society.

For decades, the outside world mostly knew Myanmar as the site of a valiant human rights struggle against an oppressive military regime, predominantly through the figure of Nobel Peace Prize winner Aung San Suu Kyi. And yet, a closer look at Burmese grassroots sentiments reveals a significant schism between elite human rights cosmopolitans and subaltern Burmese subjects maneuvering under brutal and negligent governance. While elites have endorsed human rights logics, subalterns are ambivalent, often going so far as to refuse rights themselves, seeing in them no more than empty promises. Such alternative perspectives became apparent during Burma's much-lauded decade-long "transition" from military rule that began in 2011, a period of massive change that saw an explosion of political and social activism. How then do people conduct politics when they lack the legally and symbolically stabilizing force of "rights" to guarantee their incursions against injustice? In this book, Elliott Prasse-Freeman documents grassroots political activists who advocate for workers and peasants across Burma, covering not only the so-called "democratic transition" from 2011-2021, but also the February 2021 military coup that ended that experiment and the ongoing mass uprising against it. Taking the reader from protest camps, to flop houses, to prisons, and presenting practices as varied as courtroom immolation, occult cursing ceremonies, and land reoccupations, Rights Refused shows how Burmese subaltern politics compel us to reconsider how rights frameworks operate everywhere.

This is the first book to focus on international efforts to address Syrian chemical weapons issues in an international law context. It provides an overview of the process of control over Syrian compliance/non-compliance with international obligations, including the keys to success in eliminating Syria's stockpiles and reasons for difficulties in handling multiple uses of toxic chemicals as weapons in domestic armed conflicts. It also addresses collective and unilateral sanctions against Syria outside of international institutional frameworks, and their implications for subsequent cases. Supported by extensive analyses of developments within the OPCW Executive Council and the UN Security Council, this book is recommended for readers seeking insight about chemical weapons issues and dynamism of international law.

This edition incorporates all significant statutory changes since 2019, including the SECURE Act of December 2019, the Inflation Reduction Act of 2022, and the SECURE Act 2.0 of December 2022 regarding pension plan distributions, Medicare, and income taxation, as well as other areas.

The grave concern of governments for the negative impact on the world climate caused by the release into the atmosphere of CO2 resulting from human activity, and under human control, such as the burning and combustion of oil products from the refinery, of natural gas and coal (the fossil fuels) made it possible for the international community to agree to and establish a global climate agreement, viz. The Paris Agreement of 1915. In order to meet the objectives of this Agreement, governments will try (among other measures) to curb the consumption of fossil fuels. This will not be easy since, in particular in less advanced economies, fossil fuels are for the coming decades indispensable. In more advanced economies, there are alternatives available, but as long as a possible switching to nuclear fission energy meets with public opposition, even the more advanced economies will remain dependent on fossil fuels for the coming decades. In its deeply informed discussion of the involvement of industry and governments with the production and use of petroleum, the prodigious scope of the coverage encompasses the following and much more: technical and environmental aspects of the production of oil and natural gas; position and function of petroleum and natural gas in the economy; government policies and attitudes towards fossil fuels, particularly with respect to climate change; national and international regulation of onshore or offshore petroleum operations; how oil and natural gas markets work; old and new forms and manifestations of political risk; distinction between licence-based and contract-based petroleum legislation; production sharing agreements; and petroleum taxation. The author draws on laws, contracts, government policy documents, trade journals, and statistical data available from international organizations and institutes and international oil companies. Underlying much of the review and discussion are governmental concerns with the prospects for economic alternatives and control of CO2 emissions. The often conflicting policy options open to governments and the consequences, if any, for both oil and natural gas and the petroleum industry are reviewed and discussed. All statistics and projections regarding reserves, production and consumption of oil and natural gas have been updated. Because so much continues to happen in the realm covered by this book, all who depend on its previous editions will need this updated and significantly rewritten edition. An indispensable resource for petroleum policymakers at every level, this book is of special importance and interest to petroleum venture managers, as well as for lawyers, independent consultants, and other professionals who are required to give advice with respect to the economic, regulatory, and cooperative aspects of petroleum operations.

In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.

The Vienna Convention on the Law of Treaties (VCLT) - as the 'treaty on treaties' - has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive - or even offer - for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book's appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT's relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.

As officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too. Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.

Is Justice Real When "Reality" is Not?: Constructing Ethical Digital Environments examines how frameworks and concepts of justice should evolve in virtual worlds. Directed at researchers working in, or with an interest in virtual reality, as well as those interested in the fields of artificial intelligence and justice, this book covers research regarding impacts on human psychological states existing within alternative ethical frameworks. With chapters dedicated to behavioral impacts of virtual events, robotics and "unconscious", and human psychological states of role playing and existing, readers will be well-equipped to navigate the virtual worlds in which millions of people currently spend time.

First, the book does what any good legal writing should do: it transmutes an awesomely complex subject into a story more easily readable and understandable. The authors achieve that by explaining about how each element of ESG historically came to be, and thereafter elucidating at the more theoretical level, each elements conceptual underpinnings. Second, the book explains and elucidates, with remarkable depth and breadth, the wide array of disparate subjects that ESG encompasses. Third, most notable is the books well-organized internal structure, which is designed to provide practitioners what they most need -a practical approach

Advancing sustainable development and democracy are the underlying purposes linking the landmark Escazú Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.

Since the concept of due diligence first appeared in arbitral decisions at the end of the nineteenth century, its success in international law has been growing steadily. Yet its nature, sources and regime remain indeterminate in many ways. In response to the objections currently raised against it, this book provides a critical analysis of the practice of due diligence in international law. Its aim is to determine whether a principle, standard and/or obligation of due diligence does indeed exist under general international law; to identify what could constitute its normative structure, foundation and general regime; to establish the conditions, content and modalities of implementation of international responsibility for negligence; and, finally, to examine the specificities of due diligence in special regimes of international law, such as international environmental law, international cybersecurity law and international human rights law. More generally, the book also examines the reasons for due diligence's "renaissance" in international law's recent history and explains what this revival says about the state of the international legal and institutional order and the possibilities for its reform.

Ever-stronger ties between technology, entertainment and design are transforming our relationship with democratic decision-making. When we are online, or when we use digital products and services, we tend to focus more on certain factors like speed of service and user-friendliness, and to overlook the costs - both for ourselves and others. As a result, a widening gap separates our expectations of everything related to digitalization - including government - and the actual practice of democratic governance. Democratic regulators, unable to meet citizens' demands for tangible, fast and gratifying returns, are seeing the poorest results ever recorded in terms of interest, engagement and retention, despite using the most cutting-edge technologies. This book explores various aspects of the relationship between democracy, technology and entertainment. These include, on the one hand, the role that digital technology has in strengthening our collective intelligence, nurturing empathic relations between citizens and democratic institutions, and supporting processes of political aggregation, deliberation and collaboration. On the other hand, they comprise the challenges accompanying digital technology for representation, transparency and inclusivity in democratic decision-making. The book's main argument is that digital democratic spaces should be redesigned to narrow the gap between the expectations and outcomes of democratic decision-making. It suggests abandoning the notion of digital participatory rights as being fast and easy to enjoy. It also refutes the notion that digital democratic decision-making can only be effective when it delivers rapid and successful responses to the issues of the day, regardless of their complexity. Ultimately, the success or failure of digital democracy will depend on the ability of public regulators to design digital public spaces with a commitment to complexity, so as to make them appealing, but also effective at engaging citizens.

This is the first multidisciplinary book that addresses the ethics of fur. Whatever might have been true of the past, the production of fur is now morally problematic in terms of both necessity and suffering. There is no necessity in killing animals for nonessential purposes, such as adornment, fashion, or vanity. The argument for utility simply doesn't hold up. Alternative clothing is now readily available, enduring, and less costly. Worse still, since we know that the animals exploited are sentient, causing them suffering or making animals liable to suffering is arguably intrinsically wrong. The purpose of this volume is to open up and advance further the ethical, political, and specifically legislative endeavors now moving at pace and to encourage the anti-fur movement. That said, there is much to learn from this book about the history, culture, and political arguments for and against fur that should interest scholars and students, as well as those engaged on either side of the debate. It is not common for academics to engage with pressing and contentious moral issues, and we pay tribute to our eighteen contributors for leading the way.

Federal and state laws balance the welfare of animals and the humans that benefit from their use. The growing body of animal welfare laws is the subject of this legal research guide. This guide will assist researchers by providing research strategies and listing the selected statutes, regulations, and secondary resources they need to begin their research in this area of law.

Copyright issues continue to perplex librarians and educators. The difficulties and confusion in applying the U.S. Copyright Act became essentially apparent when covid hit and many universities turned to remote learning. This book provides advice on how to analyze and apply the law to specific areas encountered by librarians and instructors

This book is a comprehensive tool for students to test their understanding of the Model Rules of Professional Conduct, the Model Code of Judicial Conduct, and other doctrines of the Law of Lawyering such as malpractice, breach of fiduciary duty, and disqualification. Its 208 questions are organized to track the topics and the emphasis of the Multistate Professional Responsibility Exam (MPRE) and thus can be used productively for bar exam preparation as well as for review of material covered in a student's required professional responsibility course. The book provides detailed explanations why the right answers are correct and why the wrong answers are wrong, including citations to the rules or other authorities that the students should rely upon.

A sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system.   Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why.   The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system's formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.

This volume provides a comprehensive analysis of the history, development and other legal aspects relating to International Medical Law and covers issues arising from not only the physician-patient relationship, but also with many wider juridical relations involved in the broader field of medical care in the international arena. After a general introduction, the book examines the evolution of medical law in different civilizations that existed all over the world. It systematically describes the sources of this law from conventions, treaties along with discussing the important role played by the courts, international institutions and other bodies related to the medical field. The comprehensive coverage includes public health law, international spread and prevention of diseases. This volume covers medical ethics and clinical ethics; considerations to facets of the medical professionals and patients relationship such as rights and responsibilities of the physicians, beneficence, consent, privacy, rights of patients and risk management. Also covered are issues of international concern like medical criminal activities, human and drug trafficking, trade in human organs, human medical research, as well as matters dealing with bio-technology in relation to bio-safety, bio-security, bio-genetics, bio-ethics, and the role of medical personnel in armed conflicts. The International Medical Law relating to disability and mental health has also been considered. It sheds light on the historical background of trans-genders, HIV, the regulation and manufacture of medicines along with coverage of increasing medical tourism in various countries and the risks involved. The concept of euthanasia and sterilization as per the international scenario also finds inclusion along with the dispute settlement mechanisms of the medical field. Succinct and practical, this book will prove to be of great value to professionals and professional organizations of physicians, nurses, hospitals, and relevant government and international agencies. Lawyers representing parties with interests in International Medical Law will welcome this very useful guide, and academics and researchers will appreciate its value as a contribution to the study of medical law in the international context.

With family-based immigration becoming increasingly difficult, this book is an indispensable resource for family immigration practitioners as well as business immigration practitioners who encounter family-based issues. Immigration Law and the Family addresses the complexities of family-based immigration with a straightforward approach—it boils them down to their fundamentals and offers practical advice for representing clients in the process.

The evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure. In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecute--or decline to prosecute--criminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the political process? In Constitutional Inquisitors, Scott Ingram answers these questions by tracing the origins and development of federal criminal law enforcement. In the first book to examine the development of the federal law enforcement apparatus in the earliest part of the early republic, Ingram explains how federal prosecutors' roles began as an afterthought but quickly evolved into powerful political positions. He also addresses two long-held perceptions about early federal criminal prosecution: that prosecutors tried many more cases than historians thought and that the relationship between prosecution and executive power is much more complex and interwoven than commonly assumed. Drawing on materials at the National Archives as well as correspondence and trial reports, Ingram explores the first federal criminal case, the first use of presidential pardon power, the first federal prosecution of a female, and the first interstate criminal investigation. He also discloses internal Administration discussions involving major criminal cases, including those arising from the Whiskey Insurrection, Neutrality Crisis, Alien and Sedition Acts, and Fries' Rebellion. As the United States grapples today with political divisions and arguments over who should be prosecuted for what, Constitutional Inquisitorsreveals that these problems began with the creation of the federal prosecutor role and have continued as the role gained power.

.Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies