Although the idea of arbitral tribunal's mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal's mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal's mandate remains a moving target and escapes easy classification. Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal's mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal's mandate is vague, it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration - the finality of the arbitral award. It is therefore essential to determine how the national courts review arbitral awards on the basis of excess of mandate' and consequently in what instances they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the excess of mandate' type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an excess of mandate' allows to identify common features and contributes to a better understanding of the concept of the arbitral tribunal's mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal's mandate
| "Based on six years of ethnographic fieldwork and interviews spanning the Obama and Trump administrations, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. The book reveals that the commonsense understanding of asylum as a form of protection for people who fear returning to their homes is nothing like how the asylum law works in action. Narrowly interpreted US asylum law fails to adequately recognize the experiences of youth fleeing Central America today, leaving too many at risk of deportation back to life-threatening danger"-- Provided by publisher |
Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse.
Practices, players, and norms native to the business sector have migrated into philanthropy, shattering longstanding barriers between commerce and charity. Philanthropies organized as limited liability companies, donor-advised funds sponsored by investment company giants, and strategic corporate philanthropy programs aligning charitable giving by multinationals with their business objectives paint a startling new picture of elite giving.
In For-Profit Philanthropy, Dana Brakman Reiser and Steven A. Dean reveal that philanthropy law has long operated as strategic compromise, binding ordinary Americans and elites together in a common purpose. At its center stands the private foundation. The authors show how the foundation neatly combines donor autonomy with a regulatory framework to elevate the public's voice. This framework compels foundations to spend a small but meaningful portion of the assets their elite donors have pledged to the public each year. Prophylactic restrictions separate foundations from their funders' business and political interests. And foundations must disclose more about the sources and uses of their assets than any other business or charity. The philanthropic innovations increasingly espoused by America's most privileged individuals and powerful companies prioritize donor autonomy and privacy, casting aside the foundation and the tools it provides elites to demonstrate their good faith. By
threatening to displace impactful charity with hollow virtue signaling, these actions also jeopardize the public's faith in the generosity of those at the top.
Private ordering, targeted regulation, or a new strategic bargain could strike a modern balance, preserving the benefits of the compromise between the modest and the mighty. For-Profit Philanthropy offers a detailed roadmap to show how it can be accomplished.
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law.
The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
From ancient Athens to modern Washington, DC, the demands of democracy have often come into conflict with the conditions of military execution. What happens when civilian or military dissent interferes with an administration’ s leadership? Or when the right to elect new leaders in the middle of a conflict interrupts a long-term military or policy strategy? Several experts on military history examine these questions and more.
Climate Liberalism examines the potential and limitations of classical-liberal approaches to pollution control and climate change. Some successful environmental strategies, such as the use of catch-shares for fisheries, instream water rights, and tradable emission permits, draw heavily upon the classical liberal intellectual tradition and its emphasis on property rights and competitive markets. This intellectual tradition has been less helpful, to date, in the development or design of climate change policies.
Climate Liberalism aims to help fill the gap in the academic literature examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform the debate over climate-change policies. The contributors in this book approach the topic from a range of perspectives and represent multiple academic disciplines. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values.
International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.
The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.
In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.
This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as "legitimacy claims," or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue – with expressive and instrumental value in denouncing unjust laws – and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; in times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history, and philosophy, as well as others with interests in contemporary forms of protest
Understanding Sports Law provides a comprehensive overview of the legal issues and concepts that emerge from relationships existing within American sport. It captures the legal doctrine and rules arising from judicial decisions, state and federal legislation, and the private law created by associations and other sport entities. In doing so, Understanding Sports Law examines a vast array of different substantive areas of law as applied in the sports context. These include contracts, torts, intellectual property, antitrust, labor law and constitutional law.
While this treatise's primary focus is on articulating the current legal principles governing relationships in sport, it often discusses the historical evolution of such rules in order to contextualize and foster an understanding of today's controlling principles. It also guides the reader through legal and regulatory developments shaping the future of the sports industry, such as name, image, and likeness marketing opportunities for collegiate athletes and race and gender equity movements across the sports landscape.
This treatise can serve as a helpful companion to a casebook or as a stand-alone resource and will prove useful for law students, law professors, and practitioners alike.
In Disappearing Rooms Michelle Castañeda lays bare the criminalization of race enacted every day in US immigration courts and detention centers. She uses a performance studies perspective to show how the theatrical concept of mise-en-scène offers new insights about immigration law and the absurdist dynamics of carceral space. Castañeda draws upon her experiences in immigration trials as an interpreter and courtroom companion to analyze the scenography—lighting, staging, framing, gesture, speech, and choreography—of specific rooms within the immigration enforcement system. Castañeda’s ethnographies of proceedings in a “removal” office in New York City, a detention center courtroom in Texas, and an asylum office in the Northeast reveal the depersonalizing violence enacted in immigration law through its embodied, ritualistic, and affective components. She shows how the creative practices of detained and disappeared people living under acute duress imagine the abolition of detention and borders. Featuring original illustrations by artist-journalist Molly Crabapple, Disappearing Rooms shines a light into otherwise hidden spaces of law within the contemporary deportation regime.
This book offers a jurisprudential meditation on and methodological performance of how feminist and legal thought come into relation. This book is about the conduct of one’s scholarship and why it requires examination.
Across six essays, the book reintroduces official and unofficial jurisprudence writing of the late 20th century to show how disciplinary methods were transformed, and how relations between people and place, and between law and humanities, were transferred from the periphery to the centre of contemporary scholarship. To demonstrate this story, Feminist Jurisography experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors; and remind that it was feminist intellectuals from 1949 onwards who altered conducts of interdisciplinary scholarship in ways that are underacknowledged today. It exemplifies why naming a practice for yourself is an acknowledgment of relations of difference, collaboration, and inheritance, but also a performance of the feminist tradition of intellectual self-assertion that the book explores.
The book will be a useful resource for scholars and students of law and humanities, feminism, and history, and of value to a general audience interested in feminist ideas. The book will benefit contemporary conversations about the history and status of feminist contributions to these fields.
The rules and regulations governing international trade have grown at an exponential rate in the years since the Uruguay Round agreements established the WTO in 1995. These agreements continue to act as the multilateral foundation of the body of law, which is being expanded by its own committees and in new arrangements. As the international trade law system grows, it comes under increasing scrutiny from scholars, government officials, and trade law practitioners, it raises questions about the overlap with other international legal, political, and economic regimes.
This Handbook considers the system of international trade law and what it means for States, for economic systems, for other international regimes, for civil society, and for human welfare. The book opens by focusing on the regulation of international trade, considering the history, economics, and sources of international trade law, as well as the possibilities for the future. It considers the intersection of international trade law with States, the economic and institutional context of the world trading system, the framework of its substantive law, and the balance of trade objectives versus ethical responsibilities. The book concludes by offering analysis of new trade law developments in the agricultural, digital, and financial sectors, as well as outlining the settlement of trade law disputes both in the WTO and bilateral/regional trade agreements.
The second edition broadens the scope of analysis beyond the WTO, analysing regional trade agreements and preferential trade arrangements, including the Trans-Pacific Partnership, and Canada-EU Trade Agreement. The new edition also considers developments within the WTO such as in the area of agricultural export subsidies, and the Trade Facilitation Agreement
This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.
Judicial independence is increasingly under threat. The rise of populism risks undermining the separation of powers, with some politicians, media outlets and members of the public taking aim at judges, labelling them as part of the establishment and the elite, the 'enemies of the people'. Judicial Independence Under Threat seeks to situate these contemporary challenges to judicial independence in their proper legal, philosophical, political and historical contexts. It brings academic scholars from a variety of disciplines together with judges, politicians and legal professionals and asks what core shared values of our legal and political systems judicial independence seeks to protect, and how threats to that independence can be protected against. What can we learn from comparative, historical, political, philosophical, and legal insights on the separation of powers, and what means can we discover to prevent against challenges to the independence of judges in times of crisis?
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward. This book is available as Open Access on Cambridge Core.
The Oxford Handbook of Psychology and Law fills this gap and offers an up-to-date, scholarly, and broad overview of psychology-law topics. David DeMatteo and Kyle C. Scherr have brought together a diverse group of highly esteemed applied and experimental researchers and scholars to discuss key topics in the field from both national and international perspectives. The volume is broadly divided into three sections: foundational psychology-law, applied psychology-law, and experimental-psychology-law. The Foundational Psychology-Law section includes chapters that are relevant to both applied psychology and experimental psychology, making a unique contribution that ties together the applied and experimental aspects of the field. The Applied Psychology-Law section provides coverage of topics related to the provision of forensic services (broadly defined) in criminal and civil legal contexts. Lastly, the Experimental Psychology-Law section covers empirically examined legal system issues and
outcomes related to victims, offenders, witnesses, attorneys, and triers of fact.
With comprehensive coverage of both applied and experimental topic areas and chapters written by a diverse group of well-established psychology-law scholars and emerging future leaders, this Handbook presents emerging, cutting-edge topics in psychology-law that will continue to grow and meaningfully shape future research programs and policy reform.
To ensure a fair criminal trial, effective sentencing advocacy is needed in every stage of prosecution, from investigation through plea, trial and sentencing hearings. With fewer criminal cases proceeding to trial, advocacy is increasingly critical for both prosecutors and defense attorneys and can determine whether or not a defendant receives an appropriate sentence. Here is a volume that comprehensively describes the steps to effective sentencing advocacy, addressing not only terms of imprisonment or probation, but fines, forfeiture, restitution and other collateral sentencing consequences. It emphasizes approaching sentencing advocacy holistically, treating it as a key component of attorney advocacy in every criminal case. Covering the fundamental sentencing procedures and concepts, it describes where and how attorneys can use advocacy to advance their clients' goals. It also explains aspects of sentencing that otherwise may appear too complex to a novice criminal practitioner. Importantly, this is not a book on sentencing law, although it addresses legal sentencing issues as they pertain to sentencing advocacy. Rather, the focus is on teaching attorneys how to use advocacy to achieve the best sentence for their clients.
This is a book about five generations of the Taft family, America’s longest-lived political dynasty but one that, unlike four generations of Adamses, three of Rockefellers and Kennedys, and two each of Oyster Bay and Hyde Park Roosevelts, has not captured the public’s imagination. Yet the impact of the Tafts on the present shape of American society may well be greater than that of any of the other political families. The Tafts’ impact is unappreciated because, thanks to their unsympathetic biographers, William Howard Taft is thought of as a standpatter and fat plutocrat and his son Robert A. Taft as a blind isolationist and opponent of domestic reform.
This long-overdue reconsideration of the Tafts shows them to be far-sighted, fair-minded, and in many ways good guides in dealing with today’s concerns. William Howard Taft served in more significant and varied public offces than any other American: in his words, he always had his plate up when offices were being handed out. He was a collector of internal revenue, a state prosecutor, a state court trial judge, Solicitor General of the United States, a federal circuit judge, Governor General of the Philippines, Secretary of War, President of the United States, co-chairman of the War Labor Board under President Wilson, and Chief Justice of the United States.
His son Senator Robert A. Taft was a realist, not an isolationist, in foreign policy. He was the leader in repealing the embargo legislation and in allowing Britain to buy arms in the United States during the first two years of World War II. His Taft –Hartley Act still governs American labor law and is the only important modern statute passed over a presidential veto. He was also a champion of civil liberties, and was the only official in all three branches of government to publicly oppose internment of Japanese-Americans. Senator Robert Taft Jr. was the first prominent politician to propose curbing “bracket creep” in the tax code to curb increases in the size of government. Ohio Governor Robert Taft III made himself unpopular with both parties in the Reagan era by fostering fiscal responsibility; he also has a continuing interest in science education.
Public knowledge of the Taft family centers on the lives of President and Chief Justice William Howard Taft and Senate Republican leader Robert A. Taft. In the age of Twitter and the tweet, where most politicians are “foolish, tawdy moths who fly into publicity’s consuming fire,” in Learned Hand’s memorable phrase, it is useful to be reminded of a series of men who shunned personal publicity and glamour and who exerted great influence based on their breadth of knowledge and perceived good character. The Tafts.
At a time when surveys reveal declining trust in our courts, this book offers reasons for hope and even pride. Her Honor features a collection of personal stories by and about some of the country’s most respected female judges. Each chapter author openly shares nuanced stories of challenges and successes, including the inequality, bias, and other barriers they faced and overcame in their lives.
The 25 judges featured in Her Honor are from all levels of the state and federal courts, including Chief Judges and two Supreme Court Justices. Their moving stories will be all too recognizable by women who may currently be experiencing similar challenges and biases in their own career.
Her Honor also demonstrates how the best of our judges share a passion for ensuring an accessible and fair system of justice, without a political agenda. They reveal a deep compassion for humanity along with an abiding respect for the law, respecting precedent but acting with courage if the law offers a way forward.
All the judges in this book have lived lives of deep influence. The stories shared will extend that influence further and inspire future generations to persevere in their careers during even the most difficult times.
| "The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premised on the notion that the truth about governance is key to its legitimacy, and transparency can provide legitimacy through access to truth. The book argues that this premise is false. Instead of accessing legitimacy by providing truth, transparency is labelled by either-or logic, which is referred to as 'the truth-legitimacy trade-off' in the book: transparency can provide either truth or legitimacy. Through this argument, the book questions the neutrality promise vested in transparency and claims that transparency is primarily a tool for creating appearances. The book consists of nine chapters divided into three parts: The Opacity of Transparency, The Promise of Transparency, and The Reality of Transparency. It combines legal and policy themes and research with interdisciplinary inputs, such as social philosophy and cultural and media studies, contributing to the growing literature on critical transparency studies"-- Provided by publisher |
"Our goal for this Manual is to help new editors understand their roles and responsibilities, learn how the review fits within their law school's program of legal education, anticipate challenges, plan for the year, and gain tips and ideas to improve the review. We hope faculty advisors and incoming editors will use this Manual during the annual transition process. We also hope editors will use the Manual as a resource when different challenges or questions arise during the year. The Manual can also assist law review members considering an editorial position and faculty members who teach seminars for student-editors"-- Provided by publisher
"Zen is a way of life-and so is studying for the bar exam. The Zen of Passing the Bar Exam offers a comprehensive approach to studying for (and passing) the bar exam, drawing a parallel between how one should approach the bar exam, and how Zen principles teach one to approach life. Each section of the book offers a Zen quote to introduce concepts that can be applied to studying for the bar exam in order to maximize your chances of passing. Zen teaches that in order to reach enlightenment, one must strive to be balanced, know your true self, know your universe, and stay focused on your path. Similarly, in order to reach the "enlightenment" of passing the bar exam, one must have the attributes of balance (between studying and other aspects of life, as well as balancing your study time between subjects, and between essays, MBE questions, etc.), knowing your true self (what type of essay writer you are, what type of learner you are, what type of exam taker you are, etc.), knowing your universe (knowing the law, how the questions are constructed, what to look for, etc.), and staying focused on your path (when to study, what to do when you are stressed/panicked, what to do when you don't know a subject very well, etc.). In addition to offering a comprehensive approach to studying for the bar exam, the book also offers specific, practical advice for doing well on both the essay and MBE portions of the bar exam. The book outlines specific organizational/formatting tips for how to write effective (and efficient) essays under bar exam time constraints. The book is ideal for adoption for any law school bar preparation course (or Academic Support Program), providing many exercises, examples, and model answers applicable to any state's bar exam"-- Provided by publisher
Addressing the relative newness of the UBE, The Ultimate Guide to the UBE provides a detailed approach to the exam, utilizes real students’ past bar exam answers (including real bar exam scores), and includes commentary from expert contributors for added insight and perspective on how students can improve their own exam writing scores.
From the local to the global, the governance of illegal drug use is becoming increasingly fragmented. In some contexts, prohibitive regimes are being transformed or replaced, while in others there are renewed commitments to criminalized control. But what gives rise to convergence and divergence in processes of policy making, both across different countries as well as within them? Based upon empirical qualitative research with ‘elite’ insiders, David Brewster explores a diverse range of cannabis policy approaches across the globe. His original analysis reveals the factors which facilitate or hinder punitive or liberalising tendencies in cannabis policy processes, concluding with future directions for policy making and comparative criminology.
"This book is an update to Climate Change Laws in the U.S. The legal landscape is complex, unstable, and expanding. Scientists continue to publish new findings, policy makers regularly adopt new regulations, and petitioners file new litigation, nationwide and around the world. Most of it is completely new, and the few chapters carried over from the second edition have been thoroughly updated"-- Provided by publisher
A guide for how to tell clear, data-driven stories that will make an impact.
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"-- Provided by publisher
Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.
| "This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History"-- Provided by publisher |
"Internet of Things and the Law: Legal Strategies for Consumer-Centric Smart Technologies is the most comprehensive and up-to-date analysis of the legal issues in the Internet of Things (IoT). For decades, the decreasing importance of tangible wealth and power - and the corresponding increasing significance of their disembodied counterparts - has been the subject of much legal analysis. For some time now, legal scholars have grappled with how laws drafted for tangible property and pre-digital 'offline' technologies can cope with dematerialisation, digitalisation, and the internet. As dematerialisation continues, this book aims to illuminate the opposite movement: re-materialisation, namely the return of data, knowledge, and power within a physical 'smart' world. This move frames the book's central question: can the law steer re-materialisation in a human-centric and societally beneficial direction? To answer it, the book focuses on the IoT, the socio-technological phenomenon that is primarily responsible for this shift. After a thorough analysis of how existing laws can be interpreted to empower IoT end-users, Noto La Diega leaves us with the fundamental question of what happens when the law fails us and concludes with a call for collective resistance against 'smart' capitalism"-- Provided by publisher
This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.
| "How might seminal criminal law cases have come out differently had feminist insights been brought to bear on the development of criminal law? The book answers that question by re-writing opinions that implicate critical dimensions of criminal law jurisprudence, from the sexual assault law to provocation to cultural defenses to the death penalty"-- Provided by publisher |
Drawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake.
A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials".
Chinese Family Law and Practice offers a comprehensive review and in-depth analyses of Chinese family law statutes, court rules and court decisions. It provides the most up-to-date information about Chinese family law since the enactment of China’s new Civil Code.
"In recent years, the idea of 'nudges' - small changes in individual choice architecture that do not involve incentives or coercion - has entered policy discourse and practice to address various problems ranging from energy usage to retirement savings. However, how nudges can be incorporated into regulatory practice, and whether the experimental methodologies used to design nudges are still appropriate when they are being used as a regulatory instrument is still an unexplored issue. As this book shows, the translation of ideas into the world of regulation is not so simple and straightforward. By analysing the different experimental alternatives that regulators can use when designing nudges and through a close analysis of a real world example - the case of the European Union tobacco warnings -, this book proposes an alternative design process more in tune with the reality of regulation. The book explores the implications of iterative experimental methodologies and processes for regulators, concluding with a call for an alternative nudging's design process tailored to the regulatory space. This book is crucial for researchers and policy-makers interested in the incorporation of nudging into regulation and anyone interested in the implications of behavioural economics - and evidence more generally - for regulatory design"-- Provided by publisher
| "How did environmental law first emerge in the US? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, he provides a theoretical overview of the challenges that environmental protection poses for lawmaking, which relate both to the spatial and temporal dimensions of ecological change and to the distinctive features of US lawmaking institutions. He then explains why environmental law emerged in the manner and form that it did in the 1970s and traces how it developed over sequent decades through specific laws and controversies. New chapters, written for the second edition, examine how Congress dropped out of environmental lawmaking in the early twenty-first century, the shifting role of the judiciary from catalyst to skeptic of ambitious environmental protection requirements, the long overdue efforts to provide environmental justice to disadvantaged communities, and the destabilization of environmental law that has resulted from the election of Presidents with dramatically clashing environmental policies. As the nation's partisan divide has grown deeper and the challenge of climate change has dramatically raised the perceived stakes for opposing interests, environmental law has faced its greatest challenge yet in the United States. This book is essential reading for understanding where we have been and what challenges and opportunities lie ahead"-- Provided by publisher |
"The recent Covid-19 pandemic has brought a broad range of ethical problems to the forefront, raising fundamental questions about the role of government in response to such outbreaks, the scarcity and allocation of health care resources, the unequal distribution of health risks and economic impacts, and the extent to which individual freedom can be restricted. In this clear introduction to the topic Iwao Hirose explores these ethical questions and analyzes the central issues in the ethics of pandemic response and preparedness such as: The general nature of pandemics and the ethics of preparedness Ethical questions about general goals of pandemic response and preparedness The distribution of scarce resources, e.g., ventilators, hospital beds, antiviral drugs and vaccines Restrictions on individual freedom Ethical questions in the wake of pandemics, including contact-tracing, vaccine passports and socioeconomic inequalities. With the use of real-life examples and a clear philosophical approach, The Ethics of Pandemics is a much-needed introduction to some of the most important ethical issues surrounding pandemics. It is essential reading for students of ethics, bioethics, and political philosophy and will also be of interest to those working in related areas such as public policy, public health, health law, nursing and life sciences"-- Provided by publisher
"The pandemic revealed how healthy different nations compared to one another with the US having the most cases and deaths from COVID-19. The public remains indifferent to this carnage. Medical care and personal behaviors are overshadowed by two more important concepts. Economic inequality kills. Early life lasts a lifetime. We are totally unaware of this social murder lethal force. Roughly half of our adult health has been programmed before we go to school. Healthier nations privilege this period by providing paid parental leave, and strong supports for early life. We speak of investing in health, accessing health, paying for health and getting health. These are not about health but about healthcare. All the other rich nations and a number of poor ones have better health outcomes than we do"-- Provided by publisher
Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
The Additional Protocols to the Geneva Conventions in Context interprets the key rules and issues of the Additional Protocols and considers their application and implementation over the past forty years. Taking a thematic approach, the book examines subjects including the protection of women, armed non-state actors, relief operations, and prohibited weapons. Each chapter discusses the pertinence of existing laws, the challenges raised by the rules in the Additional Protocols, and what more could be done to better protect civilians. This book also considers whether new technologies, such as offensive cyber operations and autonomous weapons, need new treaty rules to regulate their application in armed conflict.
In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice. This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force
| "This book addresses one of the most serious societal questions of our time; namely how forms of minority recognition can be articulated in the law, institutions, and contemporary societal contexts. By so doing it approaches minority rights by means of a critical engagement with the law and its categorisations. Going further, it approaches collective recognition by means of distinct rights, including participation and free speech as well as the challenges arising with related conflicts of rights. Some chapters address intersectional forms of discrimination, illustrating the complexities of societal exclusion and the hopes placed in the law accommodating a multiplicity of grounds of discrimination. Drawing on empirical findings in Europe and Latin America, the book draws theoretical conclusions and new frameworks of recognition. A fascinating study on one of the key questions engaging human rights and discrimination law."-- Provided by publisher |
Whilst success in arbitration relies upon knowledge of the law, sound judgment, and intelligence, it is also increasingly recognized that it is dependent upon the ability to effectively communicate with other people in order to convince them of a particular point of view. These are skills that can be acquired and enhanced over time with practice and experience. The focus of this book is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of those key skills associated with success in arbitration.
Starting with an overview of the important elements of the psychology of persuasion, the book then provides recommendations and examples of how the information can be effectively utilized, with a view to providing a practical and pragmatic treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills. Prominent arbitrators from around the globe provide observations and anecdotes from their own arbitration experiences that offer context and provide the reader with fascinating insights into the experiences of some of the world's leading arbitrators. Taken together, the structure and analysis, backed up with real-world examples, gives readers the tools to gain "the edge" when it comes to using negotiation in their dispute resolution practice.
"International Justice in the United Nations General Assembly probes the role that the UN's plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly's norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a 'new Cold War' and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice." -- publisher's website
Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.
What are the legal consequences of the political phenomenon of human rights backlash? After providing a novel definition of the phenomenon, Sanja Dragic explores some of the rules generated as a reaction to the backlash—“the post-backlash human rights law”. Three case studies meticulously analyze the legal conversations between the opposing states and the global human rights community before the new rules appeared on the international scene. The picture that emerges from these insights is of an unequal relationship between the opposing sides and the post-backlash law which sustains the afflicted structure.
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law".
The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches.
The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Employment Contracts in Private International Law offers an exposition of the substantive law background, covering the jurisdictional and the choice of law rules to identify commonality and overlaps, and explore their rationale in order to provide a better understanding of each. It deals with the common law rules on jurisdiction, and emphasises how those rules are likely to apply in an employment context. The scope of the book includes coverage of the difficult overlapping provisions which apply to posted workers, as well as other claims which might arise out of the employment relationship such as claims in tort or for breach of statutory duty.
This book covers modern legal and political thought from roughly 1450 to 1950, from the beginning of the Renaissance, with a unique turn to secularism, until the end of World War II with the Nuremberg Trial and the founding of the United Nations. It argues that there is not a sharp break between the end of the Medieval period and the Renaissance, at least in terms of humaneness. In addition to the canonical works of political philosophy, it also looks at certain non-Western societies, including the Ottoman Empire, India, Japan, Yoruba, and the Cherokee Nation, noting various forms of liberalism and conservativism, socialism and communism, fascism and anti-colonialism, all having distinct influences on how law and justice are understood. This work will appeal to all students and educated adults who are interested in how politics and law are intertwined in the Modern Age. -- Provided by publisher
"Chinese Legality focuses on the concept of 'legality' as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi's term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law"-- Provided by publisher
"For about 150 years, law schools have relied on the Case Method to teach the skills and art of legal analysis to first-year law students. Yet many first-year students struggle academically. They do not struggle because they lack intellectual ability. Instead, they struggle because they are suddenly immersed in a unique and seemingly opaque educational process where nobody has concretely explained what they should try to learn, much less how to learn it. So these students are forced to try to understand their professors' teaching methods on their own--a difficult task for many beginning students, even those who may "get it" but cannot articulate what "it" is. So students understandably ask fundamental questions like the following. Why do reading assignments consist of appellate court opinions? Why do professors rely on the Socratic Method? Why do law school classes so often leave students with more questions than answers? Why do professors' teaching methods differ from their assessment methods and how can students bridge that gap? What do instructors look for when they grade essay exam answers? Why can law students believe they knew "all the rules," yet get poor grades? Cracking the Case Method, 3d ed., provides concise and accessible instruction on how to succeed in law school by answering these questions--and many others. Students need to know what to study and how the opinions they read and discuss in class relate to law school exams." -- Unedited summary from publisher
The COVID-19 pandemic has made evident that the field of global health – its practices, norms, and failures – has the power to shape the lives of billions. Global health perspectives on the role of religion, however, are strikingly limited. Uncovering the points where religion and global health have connected across the twentieth century, focusing on Ghana, provides an opportunity to challenge narrow approaches.In Religion in Global Health and Development Benjamin Walker shows that the religious features of colonial state architecture were still operating by the turn of the twenty-first century. Walker surveys the establishment of colonial development projects in the twentieth century, with a focus on the period between 1940 and 1990. Crossing the colonial-postcolonial divide, analyzing local contexts in conjunction with the many layers of international organizations, and identifying surprisingly neglected streams of personnel and funding (particularly from Dutch and West German Catholics), this in-depth history offers new ways of conceptualizing global health.Patchworks of international humanitarian intervention, fragmented government services, local communities, and the actions of many foreign powers combined to create health services and the state in Ghana. Religion in Global Health and Development shows that religion and religious actors were critical to this process – socially, culturally, and politically.
One of America’s leading political theorists analyzes the nihilism degrading―and confounding―political and academic life today. Through readings of Max Weber’s Vocation Lectures, she proposes ways to counter nihilism’s devaluations of both knowledge and political responsibility.
The U.S. Supreme Court is as important as ever in the lives of Americans. Contrary to the image-enhancing claims of independence that many of its members claim, however, the Court’s current supermajority has transformed it into a powerful political institution that wages ideological war meant to return the nation to a previous period, at the same time denying rights to millions. The “Stench” of Politics: Polarization and Worldview on the Supreme Court opens a window into the Supreme Court that helps us to understand the institution and its rulings.
At the heart of this analysis is worldview, a phenomenon that every person, including Supreme Court justices, possesses. Whether someone’s worldview is “fixed” or “fluid” affects who they are, what they believe and what they do. In addition, interpreting the Constitution as an “originalist” or “living constitutionalist” often dictates case outcomes. By applying these and other constructs to the Supreme Court, the book reveals how the once-revered institution has evolved into one whose majority not only has neglected its commitment to the inscription on its own building, “Equal Justice Under Law,” but is also determined to remake both the law and the nation.
Geared toward readers at the early stage of their careers, Legal Innovation & Technology: A Practical Skills Guide for the Modern Lawyer supplies concrete checklists, hands on exercises, multiple choice questions set within real-world scenarios, tips, screenshots, ethics guidance, and insight from technology experts. O’Leary breaks down topics that can be intimidating in simple fashion with an accessible tone for any law student or lawyer interested in maintaining a relevant legal skill set in today’s modern world.
In this poignant and compelling memoir, Lisa Sarnoff Gochmancaptures the terror, wonder, and joy of preparing for and arguing a landmark criminal case before the nine justices of the US Supreme Court in Washington, DC. At the Altar of the Appellate Gods traces the arc of a violent, racially motivated crime by white supremacist Charles C. Apprendi Jr. in rural Vineland, New Jersey, through the New Jersey state court system, and all the way up to the Supreme Court, where Gochman defended the constitutionality of New Jersey's Hate Crime Statute before a very hot bench. Gochman went head-to-head with Justice Antonin Scalia, fielded tough questions from Justice Ruth Bader Ginsburg, and strolled down memory lane with Justice Sandra Day O'Connor.
Focusing on reproductive and sexual justice, this important book explores in detail both the challenges that trans people face when negotiating reproductive and sexual health in restrictive social contexts, and their agency in advocating for change.
Chapters cover a breadth of topics such as intimacy, sexual violence, reproductive intentions, sexuality education, oncology, and pregnancy, introducing readers to the latest research in the field as well as key emerging concepts. The authors identify core principles for trans reproductive and sexual justice, providing a broad overview of what is currently succeeding and what can be built on going into the future.
Trans Reproductive and Sexual Health offers a comprehensive exploration that is essential reading for academics and students in psychology, sociology, gender studies, and related areas, as well as clinicians and policy makers, offering direct implications for professional audiences working in health and social care.
Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.
This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues.
Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.
There is growing acknowledgement that torture is too narrowly defined in law, and that psychological and/or sexualised violence against women is not adequately recognized as torture. Clearly conceptualising torturous violence, this book offers scholars and practitioners critical reflections on how torture is defined and the implications that narrow definitions may have on survivors. Drawing on over a decade of research and interviews with psychologists, practitioners and women seeking asylum, it sets out the implications of the social silencing of torture, and torturous violence specifically. It invites us to consider alternative ways to understand and address the impacts of physical, sexualized and psychological abuses.
Monday - Friday | 9:00 AM - 5:00 PM
Saturday | 10:00 AM - 4:00 PM
Sunday | CLOSED
Monday, June 19 | CLOSED
Tuesday, July 4 | CLOSED
Monday - Friday | 9:00 AM - 5:00 PM
Saturday & Sunday | CLOSED
Fall Library hours begin August 27