Recent Acquisitions at the Marquette Law Library

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. -- Publisher

"Citizenship in the nineteenth-century United States was an ever-moving target. The Constitution did not specify its exact meaning, leaving lawmakers and other Americans to struggle over the fundamental questions of who could be a citizen, how a person attained the status, and the particular privileges citizenship afforded. Indeed, as late as 1862, U.S. Attorney General Edward Bates observed that citizenship was "now as little understood in its details and elements, and the question as open to argument and speculative criticism as it was at the founding of the Government." Black people suffered under this ambiguity, but also seized on it in efforts to transform their nominal freedom. By claiming that they were citizens in their demands for specific rights, they were, Christopher James Bonner argues, at the center of creating the very meaning of American citizenship. In the decades before and after Bates's lament, free African Americans used newspapers, public gatherings, and conventions to make arguments about who could be a citizen, the protections citizenship entailed, and the obligations it imposed. They thus played a vital role in the long, fraught process of determining who belonged in the nation and the terms of that belonging. Remaking the Republic chronicles the various ways African Americans from a wide range of social positions throughout the North attempted to give meaning to American citizenship over the course of the nineteenth century. Examining newspapers, state and national conventions, public protest meetings, legal cases, and fugitive slave rescues, Bonner uncovers a spirited debate about rights and belonging among African Americans, the stakes of which could determine their place in U.S. society and shape the terms of citizenship for all Americans." -- Provided by publisher

Contents: Preface "Let us dare to read, think, speak and write" -- "Something should be said of my origin" : From Braintree to Harvard (1735-1755) -- "It is my destiny to dig treasures with my own fingers" : law and marriage (1755-1765) -- "Britain and America are staring at each other" : revolutionary advocate (1761-1774) -- "We must for the future stand upon our own leggs or fall" : Continental congress and independence (1774-1777) -- "May the design of my voyage be answered" : revolutionary diplomat, polemicist, and constitution-maker (1777-1783) -- "Every phenomenon that occurs in the history of government" : American minister and constitutional commentator (1783-1788) -- "The most insignificant office" : Vice President (1788-1797) -- "May none but wise and honest men ever rule under this roof" : President John Adams (1797-1801) -- "In dogmatizing, laughing, and scolding I find delight" : retirement and reflection (1801-1812) -- "What do we mean by the revolution?" : the sage of Quincy (1812-1826) -- Epilogue : "Whether you or I were right posterity must judge." : the legacies of John Adams

"For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day." -- book jacket

Focusing on Jamaica, Britain's most valuable colony in the Americas by the mid-eighteenth century, this book explores the relationship between racial classifications and the inherited rights and privileges associated with British subject status. The author shows how colonial racial ideologies rooted in fictions of blood ancestry at once justified permanent, hereditary slavery for Africans and barred members of certain marginalized groups from laying claim to British liberties on the basis of hereditary status

"Pamela Hill offers clear, engaging answers to some of the most pressing questions facing us today. She discusses the science behind current environmental issues, defining key terms such as ecosystems, pollutants, and endocrine disruptors. Hill explains why our environment needs protection, using examples from history and current events, from the Irish potato famine to the BP oil spill in the Gulf of Mexico and the drinking water crisis in Flint, Michigan. She also assesses the effectiveness of landmark laws and treaties, including the Clean Air Act, the Endangered Species Act, and the Kyoto Protocol ... Hill identifies the greatest environmental threats we are facing today and suggests what we need to do as citizens, businesspeople, and lawmakers to protect the environment for each other and for future generations."--Provided by publisher

"The Essential Guide to the Business & Law of Esports & Professional Video Gaming covers everything you need to know about the past, present and future of esports and professional video gaming. Written by one of the foremost attorneys and business practitioners in today's esports and professional gaming scene, Justin M. Jacobson, Esq. This guide is meant to provide you with an in-depth look at the business and legal matters associated with the esports world. Includes coverage of the stakeholders in the esports business "ecosystem," including the talent, the teams, the publishers and the event organizers Explores various legal fields involved with esports, including intellectual property, employment and player unions, business investments and tax "write-offs," immigration and visas, event operation tips, social media and on-stream promotions and much more The most current book on the market with actual contract provisions modeled off of existing, major esports player, coach, shoutcaster and sponsorship agreements"-- Provided by publisher

"This book has a clear concern to offer a distinctive way of studying leadership so that it might be practiced differently. It is distinctive in focusing on contemporary concerns about gender and ethics. More precisely, it examines the masculinity of leadership and how through an embodied form of reasoning, it might be challenged or disrupted. A central argument of the book is that masculine leadership elevates rationality in ways that marginalise the body and feelings and often has the effect of sanctioning unethical behaviour. In exploring this thesis, Leadership, Gender and Ethics: Embodied Reason in Challenging Masculinities provides an analysis of the comparatively neglected issues of identity/anxiety, power/resistance, diversity/gender, and the body/masculinities surrounding the concept and practice of leadership. It also illustrates the arguments of the book by examining leadership through an empirical examination of academic life, organization change and innovation, and the global financial crisis of 2008. In a postscript, it analyses some examples of masculine leadership in the global pandemic of 2020. This book will be of interest generally to researchers, academics and students in the field of leadership and management and will be of special interest to those who seek to understand the intersections between leadership and gender, ethics and embodied approaches. It will also appeal to those who seek to develop new ways of thinking and theorizing about leadership in terms of identities and insecurities, power and masculinity, ethics and the body. Its insights might not only change studies but also practices of leadership"-- Provided by publisher

"The Director's Technology Handbook has been written for individuals who serve as directors or trustees and in other similar roles for businesses and nonprofit organizations. In addition, this book is also a useful tool for lawyers who advise boards and support management in setting the agenda for board meetings and facilitating effective discussions of material matters involving technology." --Preface

"The 2011 battle in Wisconsin over public sector employees' collective bargaining rights occasioned the largest protests in the state since the Vietnam War. Protestors occupied the state capitol building for days and staged massive rallies in downtown Madison, receiving international news coverage. Despite an unprecedented effort to oppose Governor Scott Walker's bill, Act 10 was signed into law on March 11, 2011, stripping public sector employees of many of their collective bargaining rights and hobbling government unions in Wisconsin. By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over eighty years ago with the passage of the Wagner Act in 1935. Although explicitly about government unions, Walker's book argues that the fates of public and private sector unions are inextricably linked. She contends that the exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, firmly situated private sector law at the national level, while relegating public sector employees' efforts to gain collective bargaining rights to the state and local levels. She shows how private sector unions benefited tremendously from the national-level protections in the law while, in contrast, public sector employees' efforts progressed slowly, were limited to union-friendly states, and the collective bargaining rights that they finally did obtain were highly unequal and vulnerable to retrenchment. As a result, public and private sector unions peaked at different times, preventing a large, unified labor movement. The legacy of the Wagner Act, according to Walker, is that labor remains geographically concentrated, divided by sector, and hobbled in its efforts to represent working Americans politically in today's era of rising economic inequality." -- book cover

Conversations about energy law and policy are paramount, undergoing new scrutiny and characterizations. Energy Follies: Missteps, Fiascos, and Successes of America's Energy Policy explores how a century of energy policies, rather than solving our energy problems, often made them worse; how Congress and other federal agencies grappled with remedying seemingly myopic past decisions. Sam Kalen and Robert R. Nordhaus investigate how misguided or naïve energy policy decisions caused or contributed to past energy crises, and how it took years to unwind their effects. This work recounts the decades-long struggles to move to market supply and pricing policies for oil and natural gas in order to make competition work in the electric power industry and to tame emissions from the coal fleet left to us by the 1970s coal policies. These historic policies continue to present struggles, and this book reflects on how future challenges ought to learn from our past mistakes.

"This book is not a slimmed-down "Accounting for Lawyers" casebook, but a book especially designed as an auxiliary book for other courses that draw on accounting. It is brief, inexpensive, and gives students a plain English, sometimes even humorous, introduction to the basics of accounting and to the financial concepts of present value and expected value. It allows students to learn the essential accounting concepts outside of class so professors can spend more of valuable class time focusing on the core concepts of a course. The chapters are short and modular, so professors can assign as much or as little as students need to know for a course"-- Provided by publisher

"Newly emerging cryptocurrencies and blockchain technology present a challenging research problem in the field of digital politics and economics. Bitcoin-the first widely implemented cryptocurrency and blockchain architecture-seemingly separates itself from the existing territorial boundedness of nation state money via a process of algorithmic decentralisation. Proponents declare that the utilisation of cryptography to advance financial transactions will disrupt the modern centralised structures by which capitalist economies are currently organised: corporations, governments, commercial banks, and central banks. Allegedly, software can create a more stable and democratic global economy; a world free from hierarchy and control. In Money/Code/Space, Jack Parkin debunks these utopian claims by approaching distributed ledger technologies as a spatial and social problem where power forms unevenly across their networks. First-hand accounts of online communities, open source software governance, infrastructural hardware operations, and Silicon Valley start-up culture are used to ground understandings of cryptocurrencies in the 'real world'. Consequently, Parkin demonstrates how Bitcoin and other blockchains are produced across a multitude of tessellated spaces from which certain stakeholders exercise considerable amounts of power over their networks. While money, code, and space are certainly transformed by distributed ledgers, algorithmic decentralisation is rendered inherently paradoxical because it is predicated upon centralised actors, practices, and forces"-- Provided by publisher

"The existing literature on startups exhaustively covers the mechanics of forming a company and the elements of a traditional venture capital financing. The "Seed Deal"-whether in the form of preferred stock, convertible promissory notes or SAFEs-is the means by which a company makes its way from startup to venture capital. For some companies, the period of the Seed Deal is measured in weeks or months, but for others it can be years. It's a critical time for these companies, and lawyers have an important role to play. Surprisingly, there is little instructional or illuminative literature on the topic. This book fills that vacuum in a jargon-free and easily accessible way"-- Provided by publisher

A revealing look at how antislavery scientists and black and white abolitionists used scientific ideas to discredit slaveholders

"This book explores prisoners' experiences of prison education and investigates whether participation in prison education contributes to an offender's ability to desist from crime and increases social capital levels. While the link between prison education and reduced rates of recidivism is well established through research, far less is known about the relationship between prison education and desistance. The book demonstrates how prisoners experience many benefits from participating in prison education, including increased confidence, self-control and agency, along with various other cognitive changes. In addition, the book examines prisoners' accounts that provide evidence of strong connections between prison education and the formation of pro-social bonds which have been shown to play a role in the desistance process. It also highlights the links between prison education and social capital and the existence of a form of prison-based social capital arising from the prison culture. Written in a clear and direct style, this book will appeal to those engaged in criminology, sociology, penology, desistance, rehabilitation, the sociology of education and all those interested in learning more about the positive impact of prison education on prisoners"-- Provided by publisher

"The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. Why did it happen when it happened? What explains the unprecedented magnitude of prison and jail expansion. Why are the current levels of penal confinement so very close to the all-time peak rate reached in 2007? What is the likely course of levels of penal confinement in the next generation of American life? Are there changes in government or policy that can avoid the prospect of mass incarceration as a chronic element of governance in the United States. This study is organized around four major concerns: What happened in the 33 years after 1973? Why did these extraordinary changes happen in that single generation? What is likely to happen to levels of penal confinement in the next three decades? What changes in law or practice might reduce this likely penal future?"-- Provided by publisher

"Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supranational settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tenet of the democratic constitutionalism." -- book jacket

"Norms play an important role in the functioning of the U.S. Congress. The first book-length treatment of the topic in over fifteen years, A Social Theory of Congress addresses what are norms, what congressional norms exist, and what effects norms have, and adds a new theoretical perspective to consider Congress"-- Provided by publisher.

"Over the last four decades Congress as an institution has been steadily dis-investing in its own internal organizational resources. Member offices and committees have made do with fewer, and less experienced and expert, staff than they used to employ. It has failed to conduct vigorous investigations and oversight; members spend more of their time raising money than studying policy. It cannot effectively legislate or check and balance an executive branch to which it has delegated so much power without institutional resources. By all accounts, the capacity of Congress is in sorry shape. At the same time, demands on Congress have increased markedly as the scope of government has expanded. In this book the authors describe the institutional decline in Congress, discuss the reasons for the decline, and offer solutions"-- Provided by publisher

Contents: Congress and lawmaking -- The Congressional budget process -- Preliminary legislative action -- Scheduling legislation in the House -- House floor procedure -- Scheduling legislation in the Senate -- Senate floor procedure -- Resolving House-Senate differences -- Legislative oversight -- A dynamic process

"Interest Groups and Lobbying shows how political organizations and their lobbyists play a crucial role in how policy is made in the United States. It cuts through the myths and misconceptions about interest groups and lobbyists with an accessible and comprehensive text supported by real world examples and the latest research. New to the Second Edition Fully updates and expands the discussion of social media and other online activity engaged in by interest groups, showing that they have become more sophisticated in their use of the internet--especially social media--for keeping current members informed and for their advocacy work. New case studies on more recent advocacy efforts. Updated data used in the book, including: Total number and types of interest groups lobbying in Washington, DC. Total number and types of interest groups lobbying in the fifty states. Data on campaign contributions. Data on amicus briefs and case sponsorship. Data on stages of the lawmaking process where interest groups appear to lobby the most. New data on revolving-door lobbyists."-- Provided by publisher

Divisive politicians. Hateful pundits. Angry campus activists. Twitter trolls. Today in America, there is an 'outrage industrial complex' that prospers by setting American against American, creating a 'culture of contempt'--the habit of seeing people who disagree with us not as merely incorrect, but as worthless and defective. Maybe, like more than nine out of ten Americans, you dislike it. In [this book], bestselling author and social scientist Arthur C. Brooks shows that abuse and outrage are not the right formula for lasting success. Brooks blends cutting-edge behavioral research, ancient wisdom, and a decade of experience leading one of America's top policy think tanks in a work that offers a better way to lead based on bridging divides and mending relationships. Brooks' prescriptions are unconventional. To bring America together, we shouldn't try to agree more. There is no need for mushy moderation, because disagreement is the secret to excellence. Civility and tolerance shouldn't be our goals, because they are hopelessly low standards. And our feelings toward our foes are irrelevant; what matters is how we choose to act. Love Your Enemies offers a clear strategy for victory for a new generation of leaders. It is a rallying cry for people hoping for a new era of American progress. Most of all, it is a roadmap to arrive at the happiness that comes when we choose to love one another, despite our differences

"October 5, 2013 was a big day for immigration and citizenship in the United States. Tens of thousands of protesters - undocumented immigrants, naturalized citizens, and native-born alike - rallied across more than 40 states around the country, from large cities like Los Angeles, New York, and Boston, to smaller places like Reading, Pennsylvania, Hobbs, New Mexico, and Yakima, Washington.1 In Minneapolis, nearly 2,000 demonstrators "marched from the Basilica of St. Mary, after an interfaith prayer service, to the plaza, hoisting flags and placards and chanting empowerment cries, including 'Si se puede!'"2 In Birmingham, Alabama, hundreds of rally participants listened to "the president of the N.A.A.C.P. in Alabama, [who] portrayed the immigration effort as part of broader civil rights activism in the state,"3 while in Reading, Pennsylvania, "demonstrators demanded that the congressmen sign onto or co-sponsor bipartisan immigration reform, speak on the House floor about the urgency of reform and oppose laws that promote racial profiling."4 These protests were all part of the National Day of Immigrant Dignity and Respect, as thousands of Americans joined President Barack Obama's call for Congress to pass immigrant legalization as part of a comprehensive reform package"-- Provided by publisher

"After decades of taking a back seat to doctrine, lawyering skills have lately become the star of the legal education reform movement. Few law schools continue to question whether essential lawyering skills such as legal writing, research, and advocacy deserve a prominent place in the curriculum. Yet law schools continue to struggle with an artificial split between "doctrinal" courses and "skills" courses-a split that ignores best practices and undermines student learning. In this book, which includes an Introduction by Sophie Sparrow, more than twenty law professors who have figured out how to bridge the gap show why integrating skills into traditional doctrinal courses is crucial to student learning and offer proven strategies for how to do it"-- Provided by publisher

"While Thinking and Writing About Law is primarily geared toward law students, it should be accessible for anyone who wants to improve their abilities in legal analysis and communication. Written in an approachable, no-nonsense style, the book is divided into two parts. The first part guides readers toward an understanding of legal analysis in our common-law system. Properly conceptualizing our system of law is the most fundamental-and overlooked-component in the process of legal analysis. To that end, the book walks the reader step-by-step through the analytical process and then reinforces the reader's understanding by introducing a novel technique for visualizing legal analysis. The second part guides readers toward successful communicating their analyses to both inform and persuade. It draws upon the author's experiences as both a legal writing professor and a supreme court justice to bring a distinctive blend of academic expertise and judicial practicality to the subject"-- Provided by publisher

"This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future"-- Provided by publisher

"Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople." -- Publisher's website

"This innovative handbook, edited by four of the leading figures in the area, provides a comprehensive, and truly global, overview of the main approaches and themes at the intersection of law and society. This volume will be invaluable for law students with no background in social science, those in interdisciplinary programs, such as law and society, justice studies and legal studies, and those with interests in law, but based in other social science subjects. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world."-- Provided by publisher

"Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. The Decline of Natural Law explores the causes and consequences of this change. It discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. It examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. It describes the profession's rejection of natural law in the late 19th and early 20th centuries. And it explores the ways in which the legal system responded to the absence of natural law"-- Provided by publisher

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship.0Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration,0evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry

Contents: The future's already here : it's just unevenly edited / Lilian Edwards, Burkhard Schafer and Edwina Harbinja
Privacy and identity through the eyes of Disney princesses / Paul Bernal
White noise from the white goods? Privacy by design for ambient domestic computing / Lachlan D Urquhart
Citizen-consumers in a personalised galaxy : emotion-influenced decision making, a true path to the dark side? / Damian Clifford
Big data ethics : Darth Vader and the green cross man / Miranda Mowbray
Security vulnerabilities, backdoors, exploits and the marketplace for each : the return of Boba Fett : bug bounty hunter in the new republic / Alana Maurushat and Rob Hamper
Will my genes really help me fit into those jeans? Personal genomics and wrap contracts / Andelka M Phillips
On living and undead wills : zombAIs, technology and the future of inheritance law / Burkhard Schafer
'Be right back' : what rights do we have over post-mortem avatars of ourselves? / Lilian Edwards and Edina Harbinja
Autonomous intelligent agents and the Roman law of slavery / Andrew Katz and Michaela MacDonald
Autonomous vehicles : an analysis of the regulatory and legal landscape / Catherine Easton
Living in a remixed world : comparative analysis of transformative uses in copyright law / Andres Guadamuz
Repost this : Instagram and the art of re-photography / Melissa de Zwart

"This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about." --Back Cover

"This book argues that while algorithms and artificial intelligence offer many benefits to society, those benefits may be at the cost of civil rights and legal remedies in the legal system"-- Provided by the publisher

"Bringing a unique perspective to the burgeoning ethical and legal issues surrounding the presence of artificial intelligence in our daily lives, the book uses theory and practice on animal rights and the rights of nature to assess the status of robots. Through extensive philosophical and legal analyses, the book explores how rights can be applied to nonhuman entities. This task is completed by developing a framework useful for determining the kinds of personhood for which a nonhuman entity might be eligible, and a critical environmental ethic that extends moral and legal consideration to nonhumans. The framework and ethic are then applied to two hypothetical situations involving real-world technology-animal-like robot companions and humanoid sex robots. Additionally, the book approaches the subject from multiple perspectives, providing a comparative study of legal cases on animal rights and the rights of nature from around the world and insights from structured interviews with leading experts in the field of robotics. Ending with a call to rethink the concept of rights in the Anthropocene, suggestions for further research are made. An essential read for scholars and students interested in robot, animal and environmental law, as well as those interested in technology more generally, the book is a ground-breaking study of an increasingly relevant topic, as robots become ubiquitous in modern society"-- Provided by publisher

"This book is a foundational inter-disciplinary volume on children's rights that is relevant to scholars, practitioners, and students with interests in children's rights, human rights, family law, and related topics. With contributions from leading scholars and practitioners in the field of children's rights, this book provides both in-depth analysis of children's rights as a discipline, and maps the critical issues for advancing children's rights today and in the future"-- Provided by publisher

Contents: Right to legal capacity : debates and legal argument -- Personhood : perspectives from critical feminist, disability and queer studies -- Gender, disability and decision-making : historical discrimination -- Gendered denials : law, policy and practice -- Vulnerability created by legal capacity denials -- Creating change : examples of modern reform and recommendations

"This innovative handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives. International contributors offer a range of activity-orientated analyses, focusing on methodology, embodied experience, legal pluralism, conflict and resistance, and non-human and place agency. The handbook examines a number of cross-cutting themes including social inequality, environmental justice, sustainability, urban development, Indigenous legal systems, the effects of colonialism and property law. Representing a diversity of locales from all around the world, the chapters encompass both urban and rural, terrestrial and marine areas, agential and storied spaces, and fictional as well as 'real' places. Taking a multidisciplinary approach that incorporates law, human and legal geography, planning, sociology, political ecology, anthropology, and beyond, this comprehensive handbook will be critical reading for scholars and students of these and cognate areas. Its discussion of empirical examples will also be beneficial for practitioners and policymakers interested in these fields"-- Provided by the publisher

"Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession "rule" is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claim to resources from cinema seats to cattle stations. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life"-- Provided by publisher

"We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one might expect to see a flourishing of academic interest in the relation of fiduciaries and trust, especially as it is often assumed or asserted that such a relation exists and that it has descriptive or normative significance for fiduciary law and practice. Yet this is not the case. Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. Our contributors explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves"-- Provided by publisher

"Liars are causing devastating problems. They are endangering public health. They are threatening self-government. They are destroying the reputation of good people - and inflating the reputation of people who are not so good. Nonetheless, falsehoods ought not to be censored or regulated, even if they are lies. Free societies allow them. Public officials should not be allowed to act as the truth police. A key reason is that we cannot trust officials to separate truth from falsehood; their own judgments are unreliable, and their own biases get in the way. If officials are licensed to punish falsehoods, they will end up punishing dissent. The best response to falsehoods is usually to correct them, rather than to punish or censor them. At the same time, governments should have the power to regulate the most harmful lies and falsehoods. In brief: False statements are not constitutionally protected if the government can show that they threaten to cause serious harm. Public officials should be able to restrict and punish lies and falsehoods that pose serious threats to public health and safety. To protect the democratic process, public officials should be able to restrict certain lies and falsehoods. They should be able to safeguard people's reputations. Private institutions, including television networks, magazines, and newspapers, and social media platforms such as Facebook and Twitter, should be doing much more to slow or stop the spread of lies and falsehoods"-- Provided by publisher

"This book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work. The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising from constantly developing technology, this book makes important and informed suggestions on how to solve the numerous problems which have arisen. The collection of chapters in this volume are varied and are dealt with from different disciplinary angles, and from a diverse range of countries and legal systems to create an interesting and unique global picture on the topics studied therein. With an international perspective, the book will be of interest to students and scholars of economy and technology law." --Publisher's website

"This book draws together themes in business model developments in relation to business networks and platforms, decentralized business models (DBMs), sometimes referred to as the 'sharing' economy', to systematically analyse the challenges to corporate and organizational law, and governance. DBMS include business networks, the global supply chain, public-private partnerships, the platform economy and blockchain-based enterprises. The law of organizational forms and governance has been slow in responding to changes and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, whose creation of wealth neither fully subscribes to a firm or market system, is neither hierarchical or totally decentralized, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policy-makers and legal practitioners, this book offers proposals for new thinking in the law of organization and governance to advance the possibilities of a new socio-economic future"-- Provided by publisher

"This timely and engaging book examines how maximising shareholder value has played a dominant role in corporate governance over recent decades, and analyses the resulting effect on share prices in the stock markets. Alongside the rise in corporate power and deepening economic inequality, the author investigates corporate law reform as a corrective remedy. Beyond Shareholder Value offers an astute analysis of key topics such as corporate incentive structures that reward executives for delivering shareholder value and permissive rules that enable companies to issue shares at will at rising valuations. P.M. Vasudev explores the laws intended to protect stakeholders and deftly unpacks the shortcomings in employment-related laws and antitrust enforcement. Demonstrating how alternative dispute resolution can be used to promote stakeholder governance, the book explains how the overly broad business judgment rule impedes effective adjudication of complex stakeholder disputes. This insightful book offers a new perspective on stakeholder governance, and will prove indispensable reading for academics and legal researchers working in the field of corporate law and governance. Its innovative approach will also benefit practitioners and policy makers alike"-- Provided by publisher

This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not - and, indeed, should not - control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy

"[This book] explores multiple points of intersection between artistic authorship and intellectual property. In addition to insights about the direct impact of copyright on art-making practices, it considers many closely related conventions that exceed legal codification. Issues related to art are part of a broader inquiry into ownership claims that permeate contemporary physical and virtual worlds, with emphasis on the importance of sustaining a vital cultural commons"-- Provided by publisher

"This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of arts to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: 1) creativity is restricted and 2) they primarily serve the interests of large corporations over the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern-types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics & philosophy of art, metaphysics, philosophy of law, and intellectual property law"-- Provided by publisher

"This monograph is a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The apparent aim is to sow sufficient doubt as to the existence of an internationally protected right so that governments might have a free hand to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. Already, some governments have seized on the employers' arguments to deny this right in law and in practice. The book is the only exhaustive analysis as to the existence of the right to strike under international law, and its findings, based on deep legal research, dispel any doubt on the matter. There is simply no credible claim that the right to strike does not enjoy international protection; indeed, the authors argue that it has attained the status of a customary international law norm"-- Provided by publisher

"This book adopts a cross-jurisdictional perspective to consider contemporary corporate whistleblowing issues from an ethical theoretical perspective, regulatory perspective, and practical perspective. It includes in particular arguments in favour of and against the adoption of financial incentive schemes for whistleblowers, as well as the potential implications of adopting such schemes. This approach provides a valuable opportunity for comparison from a law reform perspective. The book brings together authors from various jurisdictions - Canada, Australia, and the USA - who, through their exposure to this area of law, be it as practitioners, regulators, or academics, offer valuable and interesting insights on the emerging and topical area of corporate whistleblowing generally, and whistleblowing rewards in particular. These three jurisdictions were selected on the basis of their reform-oriented stance on corporate whistleblowing and/or implementation of financial incentives for whistleblowing, creating an opportunity to assess contemporary regulatory structures and in particular how incentives measures could interact with corporate whistleblowing regulatory frameworks, and how they could contribute to improved governance. The reasons for the rejection of the notion of financial incentives in the United Kingdom are also reviewed, in order to provide a comparative overview. The book provides useful guidance for those who may be affected by the implementation of corporate whistleblowing schemes, including for reward, whether as regulators, practitioners, company directors, or whistle blowers." -- back cover

"Over the last two decades, policymakers and researchers have shown an interest in resolving shareholder disputes through mandatory arbitration and a ban on class actions. Litigation is increasingly seen as problematic due to the increase in nuisance lawsuits and the increase in settlement value, the costs of which are ultimately born by shareholders. Earlier literature has examined the benefits of mandatory arbitration across several contexts, including Delaware corporate law.4 While researchers have identified several important benefits of mandatory intra-corporate arbitration, such as reduced cost and delays, relatively little is known about the attitudes and interests of the parties-such as corporations, limited liability companies, small and medium-sized enterprises, their law firms, and institutional investors-regarding intra-corporate conflicts and dispute resolution via mandatory arbitration"-- Provided by publisher

Contents: Introduction. Discovering our field in our stories / Howard Gadlin and Nancy A. Welsh
Conflict resolution as (noble) craft to end discord. Wabi-sabi / Peter S. Adler
How I found my groove / Howard Bellman
Conflict resolution as forum for voice and connection. Mediation and my life : moments and movements / Lela Porter Love
What am I doing here? field notes on finding my way to mediation / Ian Macduff -- Born to mediate / Lucy Moore
My passage to ADR / Geetha Ravindra
Crosscurrents / Nancy A. Welsh
Conflict resolution as creative exercise. Three to tango : reflections of a mediator / Johnston Barkat
A sort of career / Chris Honeyman
We can work it out / Colin Rule
Bashert : how I found dispute resolution and it found me / Andrea Kupfer Schneider
Synchronicity, paradox, and personal evolution / Thomas J. Stipanowich
Conflict resolution as a bridge to a socially just, democratic, and inclusive community. The view from the helicopter / Lisa Blongren Amsler
A conflict counter-story : how a Puerto Rican woman ended up in a field dominated by anglo men / Jacqueline N. Font-Guzmán
The accidental ombudsman / Howard Gadlin
A mediator's path / David Hoffman
Finding joy through a mediation clinic and Asian American identity / Carol Izumi
From the portal to the path : finding the "me" in mediator / Marvin E. Johnson
The road to becoming a neutral : working in the interest of human needs / Homer C. La Rue -- My life in community / Bernie Mayer
When should I be in the middle? I've looked at life from both sides now / Carrie Menkel-Meadow
Becoming a peacemaker / Christopher W. Moore
Seeking justice in the shadow of the law / Ellen Waldman

"Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process."

"This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, umpiring, as well as the processes of avoidance and violence - in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field-and associated projects of institutional design-are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation." -- Publisher's website

"This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts"--Provided by the publisher

"In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate." --publisher's description

"[This book] presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of 'justice' shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, these essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection's essays examine theoretical practices of intersectional identity at the nexus of 'gender and justice' that might also relate to issues of sexuality, race, class, age, and ability"-- Provided by the publisher

""This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 17770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.""-- Provided by publisher

"Considers the similarities and differences in the relationship between Church and State, on a range of contemporary matters, in six countries. These - the Part II jurisdictions - are chosen on the basis of the contrasts they offer: the US and Canada, built on the contribution of immigrants but with sizeable indigenous populations, have distinctively different constitutional interpretations of that relationship; England and Wales and its five centuries of an 'established Church'; France where laïcité resolutely dictates the place of religion; Germany which struggles to overcome its Nazi past and re-integrate its eastern Communist citizens; and the outlier, Israel "a Jewish State for a Jewish people", established and maintained to provide a distinctly non-neutral protection to a specific religion and one where Judaism and the State are, seemingly, moving ever closer to a theocratic relationship. All six jurisdictions are modern democracies and all are signatory nations to international treaties that require States to adopt a neutral approach to religion"-- Provided by publisher

"Election interference is one of the most widely discussed international phenomena of the last five years. Russian covert interference in the 2016 U.S. Presidential Election elevated the topic into a national priority, but that experience was far from an isolated one. Evidence of election interference by foreign States or their proxies has become a regular feature of national elections and is likely to get worse in the near future. Information and communication technologies afford those who would interfere with new tools that can operate in ways previously unimaginable: Twitter bots, Facebook advertisements, closed social media platforms, algorithms that prioritize extreme views, disinformation, misinformation, and malware that steals secret campaign communications. Defending Democracies: Combatting Foreign Election Interference in a Digital Age tackles the problem through an interdisciplinary lens and focuses on: (i) defining the problem of foreign election interference, (ii) exploring the solutions that international law might bring to bear, and (iii) considering alternative regulatory frameworks for understanding and addressing the problem. The result is a deeply urgent examination of an old problem on social media steroids, one that implicates the most central institution of liberal democracy-elections. The volume seeks to bring domestic and international perspectives on elections and election law into conversation with other disciplinary frameworks, escaping the typical biases of lawyers-preferring international legal solutions for issues of international relations. Taken together, the chapters in this volume represent a more faithful representation of the broad array of solutions that might be deployed, including international and domestic, legal and extra-legal, ambitious and cautious"-- Provided by publisher

"The phenomenon of election interference is complicated and multifaceted. Before engaging in a study of election interference's legality under international law, it is imperative that we define the behavior that we are evaluating. What exactly is election interference? What do we mean when we say that one state has interfered with a foreign state's election? The history of election interference is extensive. The Russian interference in the 2016 election did not emerge from a vacuum; states have, for generations, interfered in the domestic political affairs of their allies and rivals alike, either through propaganda or other information operations. However, the present chapter is not a historical study, but rather is an attempt to articulate the current phenomenon of election interference, which in today's age is pursued with cyber-attacks and social media tools. Although the Russian interference in the 2016 election is not the only example of cyber election interference, it is certainly the most well-known and the best studied, and the one that has inspired people to ask the very question that this monograph seeks to answer: Does election interference violate international law? So, before answering that question, it makes sense to describe the Russian interference, its exact contours, its consequences, and its purposes"-- Provided by the publisher

"Accountability is often referred to as an essential feature of modern democratic society, said to underpin the legitimacy of government. In this context, it is common to hear claims of accountability 'deficit' (ie that a particular mechanism or area is lacking in accountability) and 'overload' (ie that a particular mechanism or area over-delivers on accountability). Despite the frequency of references to these concepts, their precise content remains undeveloped. This book offers an explanation of the concepts of accountability deficit and overload, as well as a framework for future discussion and exploration of these ideas. It outlines the scale of the challenges of defining an accountability benchmark and developing a picture of accountability mechanisms as a system. While difficult, if accountability is indeed a foundational concept underpinning our system of government, there is merit in meeting these challenges head-on"-- Provided by publisher

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"-- Provided by publisher

"As legal creatures go, the public trust is an odd duck. Public trust principles are often echoed in constitutional provisions but constitutions are often not the source of the public trust. Statutory provisions often reference the public trust but its legal foundation is not found in such statutes. The public trust has been characterized as a property interest but one that is not held by any particular entity. The public trust is also now a legal concept that continues to gain broader acceptance internationally. As noted in the introduction to this book, variations of the public trust have now been recognized in such countries as India, Kenya and South Africa. Given that the origins of the public trust can be traced back to the English common law, it is perhaps not surprising that it has often been given a positive reception in many of England's former colonies (such as India, Kenya, South Africa and the United States) that are the inheritors of this tradition"-- Provided by publisher

Cross-border water trade : legal and interdisciplinary perspectives is a critical assessment of one of the growing problems faced by the international community -- the global water deficit. Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide

Future generations, wildlife, and natural resources - collectively referred to as 'the voiceless' in this work - are the most vulnerable and least equipped populations to protect themselves from the impacts of global climate change. While domestic and international law protections are beginning to recognize rights and responsibilities that apply to the voiceless community, these legal developments have yet to be pursued in a collective manner and have not been considered together in the context of climate change and climate justice. In Climate Change and the Voiceless, Randall S. Abate identifies the common vulnerabilities of the voiceless in the Anthropocene era and demonstrates how the law, by incorporating principles of sustainable development, can evolve to protect their interests more effectively. This work should be read by anyone interested in how the law can be employed to mitigate the effects of climate change on those who stand to lose the most

In Environmental Law and Economics, Michael G. Faure and Roy A. Partain provide a detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers. The authors demonstrate how this approach can transcend political divisions in the context of international environmental law, environmental criminal law, and the property rights approach to environmental law. Private law solutions and public regulatory approaches are also explored, including traditional command-and-control and market-based forms of regulation. The book not only shows how the law-and-economics framework can be used to protect the environment, but also to examine deeper questions involving environmental federalism and the effectiveness of environmental law in developing economies. In clear, digestible prose that does not require readers to possess a background in microeconomics or mathematics, the authors introduce the theory and practice of environmental law and economics that have been so critical in the creation of robust environmental policy

More and more environmental cases are being heard and decided by international courts and tribunals which lack special environmental competence. This situation raises fundamental questions of legitimacy of the environmental practice of international courts. This book addresses, inter alia, questions of who has legal standing to bring an environmental claim before an international court, on which legal norms is the case decided and whether judges have the necessary expertise to adjudicate environmental cases of often complex nature. It analyses which challenges international courts face, which possibilities they have and which advances international judicial practice has been able to make in protecting the environment. Through the prism of legitimacy important insights emerge as to whether international courts and tribunals are fit for addressing some of the most pressing global challenges of our time. -- adapted from back cover

"In 'Global Environmental Law', Justice Ricardo Luis Lorenzetti and Professor Pablo Lorenzetti offer a holistic view of modern environmental law. In it, they describe the history and purpose behind environmental rule of law, delve into the nuances of varying regulatory structures, and offer insight into how environmental law is implemented around the world - be it voluntary or mandatory."--Provided by publisher

"Science often entails connotations of 'objectivity', 'certainty', and the capability to discover the 'factual truth'. Judicial decisions, in turn, are routinely associated with resolving disputes in a 'final', 'neutral', and 'authoritative' way. Yet international environmental adjudication, where scientific and legal authority get entangled with each other, suggests that neither science nor law can fully live up to these idealized expectations. What happens if science and law yield competing narratives as to the factual basis of a dispute? Who could and should resolve their conflict and how, based on what benchmarks? Would the uncertain, probabilistic nature of scientific input diminish the authority of a legal judgment based upon it?"-- Provided by publisher

"The book analyses the emerging concept of 'non-regression' as a novel legal principle of international environmental law. [In order to do so,] it traces the development of non-regression in the context of international human rights law and provides an examination of the respective jurisprudence under universal and regional human rights instruments. These are then compared to closely-related normative concepts in the framework of international environmental law, including the Paris Climate Change Agreement and biodiversity-related agreements such as the Ramsar Convention on Wetlands and the Bonn Convention on Migratory Species. The book advocates an innovative usage of comparative law methods in order to enable fruitful interactions between human rights and international environmental law."--Back cover

"The global phenomenon of the establishment of specialist courts is one of the most important recent developments in environmental law. Although they are generally seen as a much needed innovation, they do pose challenges, particularly around questions of legitimacy. This important book tackles these questions directly, looking specifically at the courts in the common law world. It argues that to fully understand the nature of the adjudication of these courts, a bottom-up approach must be taken: ie the question before the court is determinative. Despite its theoretical focus, the book will also provide invaluable insights to practitioners engaging with these new courts for the first time. An innovative study on a seismic change in how environmental law is adjudicated"-- Provided by publisher

"How do we begin to handle the greatest crisis affecting humanity today? Climate change is already causing droughts, flooding, and famine that are forcing people to leave their livelihoods and communities. In the years to come, millions will find their local areas uninhabitable, as mass displacement of people reaches disastrous levels. Handling Climate Displacement explains how climate change has become recognized as a human rights concern, and how human rights are key to managing the crisis. Local authorities and populations increasingly call for guidance in the absence of an internationally recognized framework. Drafted in 2013 by a committee of experts and practitioners, Hassine uses the Peninsula Principles on Climate Displacement within States to offer concrete solutions to the impending emergency. Enriched by the author's experience working with the victims of climate displacement, this book offers an effective framework to deal with the challenges presented by mass displacement while protecting human rights."-- Provided by publisher

"This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change"--Back cover

"Cities are no longer just places to live in. They are significant actors on the global stage, and nowhere is this trend more prominent than in the world of transnational climate change governance (TCCG). Through transnational networks that form links between cities, states, international organizations, corporations, and civil society, cities are developing and implementing norms, practices, and voluntary standards across national boundaries. In introducing cities as transnational lawmakers, Jolene Lin provides an exciting new perspective on climate change law and policy, offering novel insights about the reconfiguration of the state and the nature of international lawmaking as the involvement of cities in TCCG blurs the public/private divide and the traditional strictures of "domestic" versus "international." This illuminating book should be read by anyone interested in understanding how cities - in many cases, more than the countries in which they're located - are addressing the causes and consequences of climate change"-- Provided by publisher

"This book discusses the governance of solar geoengineering. It is primarily descriptive: How is solar geoengineering governed? It is secondarily analytical: What are the opportunities and challenges? And tertiarily, it is prescriptive: How should solar geoengineering be governed? Although it largely concerns law, a substantial portion of governance is done through nonlegal means, such as norms, principles, codes of conduct, private regulation, and self-regulation. Governance is further shaped by politics, ethics, and economics. Outdoor activities, especially large-scale research and deployment, are more consequential and controversial, and thus receive more attention. Given that these would have transboundary if not global effects, international relations and international law come to the forefront"-- Provided by publisher

Contents: A general introduction / Thierry Vansweevelt and Nicola Glover-Thomas
Informed consent : the Australian perspective / Ian Freckleton
Re-examining the Canadian law of informed consent to medical treatment in the age of informatics / Miriam Pinkesz, Gabriel Marrocco, Yann Joly, Ma'n H. Zawati
Informed consent : the UK perspective / Nicola Glover-Thomas
A critique of informed consent in the United States / Robin Fretwell Wilson
Informed consent in Belgium and France / Thierry Vansweevelt
Informed consent in China and Macao / Vera Lúcia Raposo
Informed consent in the Nordic countries / Mette Hartlev
Informed consent in South Africa : a legal, ethical and cross-cultural perspective / Sylvester C. Chima
Informed consent in Germany / Benedikt Buchner
Legal regulation of voluntary informed consent in Russia / Svetlana I. Pospelova, Yulia V. Pavlova, Yuriy D. Sergeyev, Vugar G. Mammadov
Comparative conclusions : towards a global vision of informed consent / Thierry Vansweevelt and Nicola Glover-Thomas

Contents: Introduction : Protecting animals in an age of globalization
Mapping the territory of animal law
Shifting spatial dimensions of animal law
The unanswered : indirect protection through the GATT
The ignored : indirect protection through the TBT, the SPS, the ADA, the AoA, and the Special Treatment Clause
The unexplored : direct extraterritoriality
Extended jurisdiction through foreign policy, soft law, and self-regulation
Lex ferenda : direct extraterritoriality
Parameters of substantive law
Comparative vantage points of extraterritorial animal law
Legality of extraterritorial jurisdiction under international law
Conclusion : Toward legal pluralism, postcolonialism, and interspecies justice

"This book considers the manner in which the enactment and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions. The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract. In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operación Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include: - The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism; - The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating; - The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law; - The increasing use of new and alternative methods of guilt, proof and ultra-legal detection"-- Provided by publisher

"The risk of athletes sustaining concussion while participating in professional team sports raises two serious concerns both nationally and internationally. First, concussion in sport carries a public health risk, given that injured athletes may have to deal with significant long-term medical complications, with some of the worst cases resulting in Chronic Traumatic Encephalopathy (CTE). Secondly, sports governing bodies are now exposed to the risk of financial and reputational damage as a consequence of legal proceedings being filed against them. A good example of this, among many other recent examples, is the case of the United States of Americas National Football League (NFL), the governing body for American football, which, in 2015, committed to pay US$ 1 billion to settle the class action filed by its former professional players. This book examines how to most efficiently reduce these public health and legal risks, and proposes a harmonised solution across sports and legal systems. Alexandra Veuthey is a Swiss attorney, with postgraduate qualifications in common law. She has several years of experience in law firms and research institutes, specialising in sports law. As an attorney, she has provided legal advice to various international sports federations and athletes based in Switzerland and abroad. The author of numerous published works, she has spoken at international conferences (Australia, France, New Zealand, Switzerland). She has taught within the CIES/FIFA International University Network (Senegal), the CIES/FIFA Master (Switzerland), the International Institute of Human Rights (France), the Melbourne Law Masters as well as the University of New South Wales (UNSW) and Law Institute of Victoria (LIV) Programs of Continuing Legal Education (Australia)." -- back cover

"General principles of law play an important role in investment arbitration and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue. They can be used in traditional means, such as the interpretation of vague treaty terms, or for wider reaching issues emerging from the international legal order. Following a significant increase in references to the general principles of law by Investor-State tribunals questions have been raised around the meaning and function of these principles. Written by an expert in the field this book offers clear and comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law. Applying these principles to practice, this book assesses 17 concepts and notions in the field of investment arbitration, providing counsel and arbitrators with clear guidance on what should, and should not, be considered a general principle of law"--Provided by the publisher

"Based on the author's Hague Lectures on ICSID, this book on ICSID and the ICSID Convention provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. Fully up-to-date as of mid-2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. The author delves into the origins and evolutions of the Convention and Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The author also discusses efforts to reform international investment dispute settlement in general and ICSID arbitration in particular."--Back cover

"This collection of essays examines the legal and regulatory dynamics of energy transitions in the context of emerging trends towards decarbonisation and the global increase in low-carbon energy solutions. The book explores this topic by considering the applicable energy law and policy frameworks in both: (i) highly industrialised and major economies such as the US, EU, China and Australia; (ii) resource-rich developing countries such as Nigeria and regions like Southern Africa. Comprising 16 chapters, the book delves into the trade-offs and regulatory complexities of carbon-constraints in conventional energy supply systems, while maintaining a reliable and secure energy system that is equally sustainable (i.e. decarbonised). It highlights the importance of ensuring affordable access to energy services in developing economies as the energy transitions unfold and explores the potentials of emerging technologies such as power-to-gas and Carbon Capture and Storage. Additionally, the book also considers the international investment law implications of energy decarbonisation. Focusing on the nexus between law, regulation and institutions, it adopts a novel contextual approach to examine how and to what extent institutions can effectively facilitate more reliable, sustainable and secure energy supply systems in the twenty-first century. In a unique, holistic way, the book portrays the conventional hydrocarbon-based energy supply industry in a largely international and interconnected context. It highlights the costs, benefits and losses that may arise as the transition towards decarbonisation unfolds depending on the pathways and solutions adopted"-- Provided by the publisher

Energy justice has emerged over the last decade as a matter of vital concern in energy law, which can be seen in the attention directed to energy poverty, and the United Nations Sustainable Development Goals. There are energy justice concerns in areas of law as diverse as human rights, consumer protection, international law and trade, and in many forms of regional and national energy law and regulation. This edited collection explores in detail at four kinds of energy justice. The first, distributive justice, relates to the equitable distribution of the benefits and burdens of energy activities, which is challenged by the existence of people suffering from energy poverty. Secondly, procedural (or participation) justice consists of the right of all communities to participate in decision-making regarding energy projects and policies that affect them. This dimension of energy justice often includes procedural rights to information and access to courts. Under the concept of reparation (or restorative) justice, the book looks at even-handed enforcement of energy statutes and regulations, as well as access to remedies when legal rights are violated. Finally, the collection addresses social justice, with the recognition that energy injustice cannot be separated from other social ills, such as poverty and subordination based on race, gender, or indigeneity. These issues feed into a wider conversation about how we achieve a 'just' energy transition, as the world confronts the urgent challenges of climate change

"Global energy is on the cusp of change, and it has become almost a truism that energy is in transition. But what does this notion mean exactly? This book explores the working hypothesis that, characteristically, the energy system requires a strategy of the international community of states to deliver sustainable energy to which all have access. This strategy is for establishing rules-based governance of the global energy value-cycle. The book has four substantive parts that bring together contributions of leading experts from academia and practice on the law, policy, and economics of energy. Part I, 'The prospects of energy transition', critically discusses the leading forecasts for energy and the strategies that resource-rich countries may adopt. Part II, 'Rules-based multilateral governance of the energy sector', details the development and sources of rules on energy. Part III, 'Competition and regulation in transboundary energy markets', discusses principal instruments of rules-based governance of energy. Part IV, 'Attracting investments and the challenges of multi-level governance', focuses on the critical governance of the right investments"-- Provided by the publisher

"This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the mediatization of international law in institutional settings. This exposes the complexity of the interrelationship between international law and the media, but also points to the dangers involved in international law's associated and increasing reliance upon the mediated techniques of communicative capitalism - such as publicity - premised upon an informed international public whose existence many now question. The book explores the ways in which traditional regulatory and analytical categories are increasingly challenged, revealed as inadequate or bypassed, but also assesses their resilience and future utility in light of significant technological change and concerns about fake news, the rise of big data and algorithmic accountability. Furthermore, it contends that analysing the imbrication of media and international law in the current digital transition is necessary to understand the nature of the problems a system such as international law faces without sufficiently informed publics. The book argues that international law depends on informed global publics to function and to address the complex global problems which we face. This draws into view the role media plays in relation to international law, but also the role of international law in regulating the media, and reveals the communicative character of international law"-- Provided by publisher

"Over the past 50 years, the United States experienced three major medical malpractice (med mal) crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. This book provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system"-- Provided by publisher

"In Blockchain democracy, William Magnuson provides a ... tour of the world of blockchain and bitcoin, from their origins in the online scribblings of a shadowy figure named Satoshi Nakamoto, to their furious rise and dramatic crash in the 2010s, to their ignominious connections to the dark web and online crime. Magnuson argues that blockchain's popularity stands as a testament both to the depth of distrust of government today and also to the fervent and undying belief that technology and the world of cyberspace can provide an answer. He demonstrates how blockchain's failings provide broader lessons about what happens when technology runs up against the stubborn realities of law, markets, and human nature"--Back cover

"Most people would agree that tax systems ought to be 'just', and perhaps a great deal more just than they are at present. What is more difficult is to agree on what tax justice is. This book considers a range of different approaches to, and ideas about the nature of tax justice and covers areas such as: - imbalances in international tax arrangements that deprive developing countries of revenues from natural resources and allow wealthy taxpayers to use tax havens; - protests against governments and large business; - attempts to influence policy through more technical means such as the OECD's Base Erosion and Profits Shifting project; - interpersonal matters, such as the ways in which tax systems disadvantage women and minorities; - the application of wider philosophical or economic theories to tax systems. The purpose of the book is not to iron out these underlying differences into a grand theory, but rather to gain a more precise understanding of how and why we disagree about tax justice. In doing so the editors are assisted by a stellar cast of contributors from four continents, with a wide variety of views and experiences but a common interest in this central question of how to agree and disagree about tax justice. This is, of course, not only an intellectual exercise but also a necessary precursor to achieving real-world change"-- Provided by publisher

"[Contributors] in human rights law and in tax law debate the linkages between the two fields and highlight how each can help to tackle rapidly growing inequality in the economic, social, and political realms. Against a backdrop of systemic corporate tax avoidance, widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, and thus as having profound consequences for the well-being of citizens around the world. [Chapters] examine how the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the reluctance of states to bring transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for shaping and misshaping tax laws; and critically evaluate domestic tax rules through the lens of equality and nondiscrimination. The contributing authors also explore how international human rights obligations should influence the framework for both domestic and international tax reforms. They address what human rights law requires of state tax policies and how tax laws and loopholes affect the enjoyment of human rights by people outside a state's borders. Because tax and human rights both turn on the relationship between the individual and the state, neo-liberalism's erosion of the social contract threatens to undermine them both."-- Back cover

"This book is the first academic contribution that deals with international taxation of income sources from sporting events. Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, like kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as 'eSports' and 'bidding procedure', the book examines in details the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both an income tax and a VAT perspective. Are also analysed government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law. With international appeal, this comprehensive book constitutes essential reading for any tax and sports law scholars"-- Provided by publisher

"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"-- Provided by publisher

"This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical, and legal perspectives on Christianity and criminal law. Following a preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment, and forgiveness."-- Publisher, page preceding title page

Written by a noted expert in criminal law, this book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability. They are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing. As such, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom. This multi-textured analysis allows this book to take more nuanced positions about many important controversies in criminal law. It argues, for example, that liability for omissions and for negligence-and even some strict liability elements-can sometimes be legitimate yet, at the same time, should be relatively rare. It also explains why principles of causation can differ in the criminal law from other contexts; what is wrong with the 'voluntary act' requirement; and why luck can affect the wrongs we commit without changing our degree of blameworthiness for committing them. The book concludes with an account of the major types of defences, and of how they interact with an agent's wrong and her underlying motivations.This volume presents a coherent and rich vision of the criminal law that, by its sheer breadth, makes a distinctive contribution to the literature, of interest to lawyers and philosophers alike

"Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice"-- Provided by publisher

"Within the criminal justice system one of the most prominent justifications for legal punishment, both historically and currently, is retributivism. The retributive justification of legal punishment maintains that, absent any excusing conditions, wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. Unlike theories of punishment that aim at deterrence, rehabilitation, or incapacitation, retributivism grounds punishment in the blameworthiness and desert of offenders. It holds that punishing wrongdoers is intrinsically good. For the retributivist, wrongdoers deserve a punitive response proportional to their wrongdoing, even if their punishment serves no further purpose. This means that the retributivist position is not reducible to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished"-- Provided by publisher

"This book explores how women from diverse backgrounds interact with the law in response to intimate partner violence, over time. Every year, millions of women globally turn to law to help them live lives free and safe from violence. Women engage with child protection services and police. They apply for civil protection orders and family court orders to help them manage their children's contact with a violent father, and take special visa pathways to avoid deportation following separation from an abuser. Women are often compelled to interact with law, through their abuser's myriad legal applications against them. While separation may seem like a solution, it often accelerates legal engagement providing new opportunities for continued abuse. Countless women who have experienced Intimate Partner Violence are enmeshed in overlapping, complex and often inconsistent legal processes. They have both fleeting and longer-term connections with legal system actors. Their stories demonstrate how abusers harness multiple aspects of the legal process, and its actors, to continue their abuse. They highlight the regular failure of legal processes and actors to comprehend the significance of non-physical abuse. Women show how legal system actors' common expectation that separation is a single event, rather than a process, has implications for their connections with law and the outcomes they achieve. From time to time, the women in this study attained the safety and closure they sought from law, sometimes in circular and unexpected ways, but their narratives demonstrate the level of endurance, tenacity and time this often required"-- Provided by publisher

"An investigation of hate speech: legal approaches, current controversies, and suggestions for limiting its spread"--Back cover

"This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"-- Provided by publisher

""That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." They were wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty, when there is no such thing as a 100-percent match? Where is the quality control in the laboratories and at the crime scenes? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods? Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners"-- Provided by publisher

"Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg's innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. By linking the emergence of mass statelessness to a revolution in legal consciousness, Siegelberg shows how the rights regime created after the Second World War ultimately empowered the territorial state as the source of protection and rights, against alternative political configurations. Today, more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. As Statelessness makes clear, understanding the ideological origins of the international agreements that define approaches to citizenship and non-citizenship can better equip us to confront the dilemmas of political structure and authority at a global scale"-- Provided by publisher

"This book is a study of the Muslim world's entanglement with colonial modernity. More specifically, it is an historical examination of the development of the long-standing, indigenous tradition of learning and praxis known as Islamic law (shariʻa, fiqh) as a result of its imbalanced interaction with new European modes of knowing during, and in the immediate aftermath of, the colonial experience. Drawing upon the writings of jurist-scholars from the Ḥanaf īschool of law writing in Cairo, Kazan, Lucknow, Baghdad and Istanbul, Transformations of Tradition reveals several central shifts in Islamic legal writing that throw into doubt the possibility of reading its later trajectory through the lens of a continuous "tradition." By focusing especially on the work of Muḥammad Bakhīt al-Muṭīʻī, Mufti of Egypt for a time and a leading scholar at the Azhar, Transformations shows that the colonial moment of the late nineteenth and early twentieth centuries marked a significant rupture in how Muslim jurists understood history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned"-- Provided by publisher

"Bishops have always played a central role in the making and enforcement of the law of the Church, and none more so than the bishop of Rome. From convening and presiding over church councils to applying canon law in church courts, popes and bishops have exercised a decisive influence on the history of that law. This book, a selection of Anne J. Duggan's most significant studies on the history of canon law, highlights the interactive role of popes and bishops, and other prelates, in the development of ecclesiastical law and practice between 1120 and 1234. This emphasis directly challenges the pervasive influence of the concept of 'papal monarchy', in which popes, and not diocesan bishops and their legal advisers, have been seen as the driving force behind the legal transformation of the Latin Church in the twelfth and early thirteenth centuries. Contrary to the argument that the emergence of the papacy as the primary judicial and legislative authority in the Latin Church was the result of a deliberate programme of papal aggrandizement, the principal argument of this book is that the processes of consultation and appeal reveal a different picture: not of a relentless papal machine but of a constant dialogue between diocesan bishops and the papal Curia, in which the 'papal machine' evolved to meet the demand."--Back cover

Contents: Introduction -- You and the court -- Behaving ethically -- You and your client -- You and your regulator -- You and your practice -- Dealing with the client without a solicitor : public access and licensed access work -- Complaints -- The unregistered barrister -- The scope of practice -- Continuing professional development -- The Proceeds of Crime Act 2002 -- The letter and spirit of the code : professional ethics and personal values -- Professional conduct problems -- Appendix 1 : Excerpts from the Bar Standards Board handbook -- Appendix 2 : Excerpts from the Bar Standards Board code guidance

"First published in 2001, Art and Copyright has established itself as a leading text in the field. Revised and updated, this third edition includes additional coverage of the following topics: - The relationship between designs law and artistic works; - EU and Brexit developments; - AI-created works; - graffiti and other non-conventional works; - blockchain and rights management; - orphan works; - new exceptions to copyright; and - digital copyright, art databases and online platforms. This book remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners, auction houses, including those developing and running online art platforms, databases and technology to transact in art"-- Provided by publisher

"Law, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the 16th century to the present. This book offers a new approach to thinking about and making sense of an important social institution; the judiciary. In an age in which visual images and celebrity play a key role in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the first in depth study of visual images of judges in that context. It not only examines what appears within the frame of these images, it also explores the impact technologies and the media industries that produce them have upon the way we engage with them, and the experiences and meanings they generate. Drawing upon a wide range of scholarship - including art history, film and television studies, social and cultural studies as well as law - and interviews with a variety of practitioners, painters, photographers, television script writers and producers, as well as court communication staff and judges - the book generates new and unique insights into making, managing and viewing pictures of judges. Original and insightful, Law, Judges and Visual Culture will appeal to scholars, postgraduates and undergraduates from a variety of disciplines interested in the role of visual culture in the production social justice and its institutions"-- Provided by publisher

"Thousands of years ago, Celtic Ireland was a land of tribes and warriors; but a widely accepted, sophisticated and surprisingly enlightened legal system kept society running smoothly. The brehons were the keepers of these laws, which dealt with every aspect of life: land disputes; recompense for theft or violence; marriage and divorce processes; the care of trees and animals. Transmitted orally from ancient times, the laws were transcribed by monks around the fifth century, and what survived was translated by nineteenth-century scholars. Jo Kerrigan has immersed herself in these texts, revealing fascinating details that are inspiring for our world today." --back cover.

"In the fall of 1969 eight prominent anti-Vietnam War activists were put on trial for conspiring to riot at the 1968 Democratic National Convention in Chicago. One of the eight, Black Panther cofounder Bobby Seale, was literally bound and gagged in court by order of the judge, Julius Hoffman, and his case was separated from that of the others. The activists, who included Abbie Hoffman, Jerry Rubin, and Tom Hayden, and their attorneys, William Kunstler and Leonard Weinglass, insisted that the First Amendment was on trial. Their witnesses were a virtual who's who of the 1960s counterculture: Allen Ginsberg, Timothy Leary, Arlo Guthrie, Judy Collins, Norman Mailer, among them. The defendants constantly interrupted to protest what they felt were unfair rulings by the judge. The trial became a circus, all the while receiving intense media coverage. The convictions that resulted were subsequently overturned on appeal, but the trial remained a political and cultural touchstone, a mirror of the deep divisions in the country. The Trial of the Chicago 7 consists of the highlights from trial testimony with a brief epilogue describing what later happened to the principal figures. Republished fifty years later to coincide with the release this fall of the film of the same title written and directed by Aaron Sorkin with an all-star cast, this is the classic account of perhaps the most infamous, and definitely the most entertaining, trial in recent American history."--Amazon.com

"Stringfellow Acid Pits describes one of the most contaminated places in the United States and the epic legal battle involving the hazardous waste site in Southern California. In 1955, California officials approached James Stringfellow about using his land in Riverside County, east of Los Angeles, as a hazardous dump site. They said it was a natural waste disposal site because it was underlined by impermeable rocks, but they were gravely mistaken. Over 33 million gallons of industrial chemicals from more than a dozen of the nation's most prominent companies poured into unlined ponds. In the 1960s and 1970s, heavy rains forced surges of chemical-laden water into Pyrite Creek and the nearby town of Glen Avon. Some children played in the froth, making fake beards with the chemical foam. The liquid waste contaminated the groundwater, threatening the drinking water for hundreds of thousands of California residents. Penny Newman, a special education teacher and mother, led a grass-roots effort of so-called "hysterical housewives" who demanded answers and fought to clean up the toxic dump. The ensuing three-decade legal saga involved more than 1,000 lawyers, 4,000 plaintiffs, and nearly 200 defendants, and led to the longest civil trial in California history. The environmental and legal history surrounding the Stringfellow Acid Pits is unveiled through meticulous research based on personal interviews and a careful review of court records, EPA documents, and other documents. The contamination at the Stringfellow site will linger for hundreds of years and shaped many of the laws today surrounding environmental law, toxic torts, appellate procedure, takings law, and insurance coverage"-- Provided by publisher

"1998: Rob Bilott is a young lawyer specializing in helping big corporations stay on the right side of environmental laws and regulations. His life and career take an unexpected turn when he gets a phone call from a West Virginia farmer named Earl Tennant. Earl is convinced the creek on his property is being poisoned by runoff from a neighboring DuPont landfill. His cattle are dying in hideous ways, as is much of the surrounding wildlife. Earl hasn't even been able to get a water sample tested by any state or federal regulatory agency or find a local lawyer willing to take the case. As soon as they hear the name DuPont-the area's largest employer-they shut him down. Once Rob sees the thick, foamy water that bubbles into the creek, the gruesome effects it seems to have on livestock, and the disturbing frequency of cancer and other health problems in the surrounding area, he's persuaded to fight against the type of corporation his firm routinely represents. After intense legal wrangling, Rob ultimately gains access to hundreds of thousands of pages of DuPont documents, some of them fifty years old, that reveal the company has been holding onto decades of studies proving the harmful effects of a chemical called PFOA, used in making Teflon. PFOA is often called a "forever chemical," because once inside the body, it remains there for a long period of time, building up faster than the body can excrete it, and once in the environment, it does not break down or degrade for millions of years, contaminating the planet forever. Although aware of these properties, DuPont kept its scientific findings from the public while at the same time dumping hundreds of thousands of pounds of PFOA waste into the Ohio River and landfills. The case of one farmer soon spawns a class action suit on behalf of seventy thousand residents-and the shocking realization that virtually every person on the planet has been exposed to PFOA and carries the chemical in his or her blood. What emerges is an unforgettable, David and Goliath-style legal drama about malice and manipulation, the failings of environmental regulation; and one lawyer's twenty-year struggle to expose the truth about this previously unknown-and still unregulated-chemical that we all have inside us"-- Provided by publisher

"American Legal Systems: A Resource and Reference Guide, now in its third edition, is a reader-friendly introduction to U.S. legal terms, institutions, and sources of law, including a discussion of precedent and the defining principle of stare decisis. Many of the concepts covered are tied to the realities of law practice. The text provides practice tips and instruction on how to prepare commonplace legal documents. The information is largely presented in charts, with explanatory interspatial text to provide context, and can be used as a complement to other coursework or on its own as an introduction to the U.S. legal system"--back cover

"The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"-- Provided by the publisher

Contents: An overview of the four stages of the pre-writing process -- Understanding the story -- Understanding your specific assignment -- Formulating a research plan -- Incorporating research into your pre-writing process -- Reading and assessing the relevant authorities -- Building a bridge between reading and analysis -- Analyzing your narrow issue -- Moving from pre-writing to writing

"Nine Steps to Law School Success is the first scientifically proven study process for success in law school. Synthesized from the study processes of other successful law students, this book provides a straightforward, linear, and chronological study process for students to follow from the beginning of the semester up to their final examination. Students will learn how to complete each step, how each step leads to a deep understanding of course material, and how each step ultimately leads to success in their courses. Students will also learn how to incorporate Nine Steps into their weekly schedules during the semester. This book is not soaked in academic opinion or war stories of hardened practitioners. Instead, it is the purest form of the collective successful study process as articulated straight from the mouths of other successful law students. Since Nine Steps is the result of a qualitative phenomenological study, it also serves as a template for anyone interested in conducting their own qualitative research in legal education and beyond"-- Provided by publisher

""The Law of Law School" serves as a guide for first-year law students"-- Provided by publisher

"This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. As well as examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into 5 main chapters the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face to face tuition to the use of hard-copy material including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools - Street Law - is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised - how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book's author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictates. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in public legal education"-- Provided by publisher

"Legal education has created silos where certain professors teach 'skills' courses and others teach 'doctrine.' This book challenges that division by building on learning theories that establish students cannot truly learn doctrine without explicit instruction in skills. Moreover, it provides suggestions to demonstrate how law professors can seamlessly weave skills-based assessments into a course to spotlight for students what they have learned and for professors what students haven't learned (as required by ABA Standard 314)"-- Provided by the publisher

"This book provides those frameworks for how to think and work as a student in law school. The author suggests that students strive to be "Gunners", or fully-invested students, who are willing to take a dedicated approach to their law school education. The book contains seven chapters worth of tips and guidance for how to succeed in law school"-- Provided by publisher

"This book discusses every aspect of assessment from the broad topics of creating a culture of assessment and the institutional assessment process to the more specific topics of assessing student learning at the course and program levels and assessing teaching effectiveness. The book models assessment at the institutional level, the course level, and throughout the law school (experiential learning programs, legal writing courses, centers and concentrations, extracurricular activities, non-academic offices). In addition to explaining the assessment process generally and in a variety of specific contexts, this book provides example assessment documents and tools that law schools can adapt as necessary. Moreover, the book offers suggestions for law schools on peer, student, and self-assessment of teaching effectiveness, both formative (ongoing teaching development) and summative (personnel decisions). Administrators, new professors, and seasoned professors will find guidance and advice on all aspects of assessing teaching and student learning"-- Provided by publisher

"Many law professors now teach courses by using examples from popular culture, but there is no comprehensive overview of ways to integrate non-law materials into the legal curriculum. In this text, more than two dozen law professors from the United States, Canada, and Australia demonstrate how to integrate fiction, poetry, comic books, film, television, music, and other media through the first year curriculum traditionally offered in U.S. law schools as well as a number of advanced courses in many subjects. The heavily illustrated book also includes best practices as well as pedagogical justifications for the use of such methods." -- Back cover

"The central focus of this book is on the need for law students reflect on their law school experience. These reflections can be made a part of one's education as a lawyer. The book provides key points of reflection for students as they go through the first few months of law school. The aim is to show students what to expect and help them learn to navigate their experiences via reflection"-- Provided by publisher

Contents: The legacy of minorities in the law -- The law school experience -- Invisible influences -- Legal sources and structures -- Introduction to contracts -- Preparing for class -- Class one -- Introduction to legal analysis -- Class two -- Preparing for exams -- Class three -- How to take a law school exam -- Class four -- Class five -- The final exam -- Last words

"The ABA and most state bar associations have identified a wellness crisis in the legal profession, and called for educating students on how to better cope with the challenges of law school and practice. At the same time, students must learn how to maximize their brain health so that they perform well in law school and on behalf of their clients in practice. The same way musicians would tune their instruments, or chefs would sharpen their knives, law students must sharpen their minds. This book aims to help students "do well" in their ability to learn, and "be well" in the process, by exploring the deep connection between brain health and wellness. Specifically, the book discusses: How to cultivate the ability to deeply focus and deal with the challenges of the 24/7 digital age How stress affects both brain and body How increasing resilience helps deal with challenges and setbacks Why we need exercise for mental, physical, and brain health Why adequate sleep is important and how it can be improved How what we eat affects the brain and one's physical performance Written in a witty, informative, and easy-to-read style, the book is full of suggestions to help students establish healthy and productive habits which will benefit both brain and body. Each chapter ends with a self-reflection exercise to help students take the material and consciously begin implementing its suggestions. This book could be used in orientation programs, academic support and wellness programming, professional development, mindfulness, and other "preparing for practice" courses"-- Provided by publisher

Contents: Introduction : What we talk about when we talk about diversity -- Black women's burden -- You don't look like a lawyer -- The outsider within -- All the women are white, all the blacks are men -- Where the boys are -- "Can you please pass the royal jelly?" -- Conclusion : The importance of being earnest

"'Crisis lawyering' explores effective legal advocacy in emergency situations"-- Provided by the publisher

"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"-- Provided by publisher

"This is a study on how the culture and practices of large corporate law-firms and lawyers have responded to the contemporary competitive market for legal services. Focusing on the period since 2008, when the Great Recession caused a precipitous decline in big-firm revenues, Mitt Regan and Lisa Rohrer look at how big firms have changed the way they practice law through a series of interviews with over 250 partners and associates at big law firms. The authors center their research on the large law firm because the influence of so-called "BigLaw" is felt throughout the industry"-- Provided by publisher

"The Complete Bar Writer teaches readers how to prepare for the Multistate Performance Test and the Multistate Essay Exam (and similar bar performance tests and essay exams). Readers learn how to transfer the legal writing knowledge that they learned in law school to the bar exam, and how to build upon that foundation with skills specific to bar exam success. The book also fills gaps in readers' knowledge by teaching legal writing, analysis, and reading-and how to do all of those things under pressure. These skills are useful lawyering skills that readers can use after test day. As readers prepare for the bar exam, they will learn how to approach any MPT problem, no matter what kind of document they're assigned to write; how to evaluate their own practice exams and carry that knowledge forward to do better on their next ones; how to prepare for test day; and how to prepare for things that might go wrong. The Complete Bar Writer meets readers where they are with their legal writing knowledge and ensures they have the skills they need on bar exam day"-- Provided by publisher

Aspen coursebook series

"Trial and appellate lawyers face numerous professional responsibility challenges. Often the problems they face arise suddenly or in circumstances that are at best difficult. The third edition of this book accordingly remains first and foremost for practicing lawyers"-- Provided by publisher

"This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Other features of this book that are worthy of mention: The book is deliberately designed to be short-to "get to the point," without unnecessary palaver. The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant. The new edition of the book adds sections addressing counseling about mediation, counseling about transactional matters, and the role of emotional intelligence"-- Provided by publisher

"The story of how and why such powerhouse Wall Street law firms as Cravath, Swaine & Moore, Davis Polk & Wardwell, and Sullivan & Cromwell grew from nineteenth-century entrepreneurial origins into icons of institutional law practice, and how, as white-shoe bastions with the social standards of an exclusive gentleman's club, they promoted the values of an East Coast elite"-- Provided by the publisher

"This book provides an overview and introduction to the basics of the U.S. Legal System. The chapters cover the Constitution, the Judicial System, the sources of U.S. Law, case law, and civil dispute resolution"-- Provided by publisher

"This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today." --publisher's description

"This work is ALI's first project restating the law of charities. This area of the law implicates many subjects, including the laws of trusts, corporations, property, and state and federal constitutions. Although some of our projects, most notably the Restatements of Trusts, include Sections that address charities or mention nonprofits generally, none addresses the topic in a comprehensive manner. To the extent possible, this Restatement sets forth a single law for charities regardless of whether they are corporations, unincorporated associations, or charitable trusts, or whether they take some other legal form that a charity may adopt. The importance of the charitable sector to the U.S. economy, the civic life of its residents, and the aspirations of its people make it critically important to provide comprehensive legal guidance to the people who donate to, benefit from, govern, and regulate charities."--Publisher's website

"In Family Law in America Professor Sanford N. Katz examines the present state of family law in America. This third edition captures recent developments, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. In this regard, this edition includes a full discussion and analysis of Obergefell v. Hodges, the United States Supreme Court case which held in a 5-4 decision that the bans on same-sex marriage in Michigan, Kentucky, Ohio, and Tennessee were unconstitutional. The Court held that the right to marry a person of the same sex is protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and therefore may not be denied in any state"-- Provided by publisher

"Is marriage a privilege or a right? A sacrament or a contract? Is it a public or a private matter? Where does ultimate jurisdiction over it lie? And when a marriage goes wrong, how do we adjudicate marital disputes-particularly in the usual circumstance, where men and women do not have equal access to power, justice, or even voice? These questions have long been with us because they defy easy, concrete answers. Kirsten Sword here reveals that contestation over such questions in early America drove debates over the roles and rights not only of women but of all unfree people. Sword shows how and why gendered hierarchies change-and why, frustratingly, they don't"-- Provided by publisher

"As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same-sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America's marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person's ability to enjoy the dignity of full citizenship. This is not a triumphalist or one-sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality." -- Amazon.com

"According to the United States Census Bureau, American state and local governments spend roughly $3.5 trillion dollars annually fulfilling the community and governmental needs of the public procurement function. Designed to provide a strategic overview of the policy, legislation, and program oversight of public procurement, Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function but to also become advocates for procurement law modernization. While the basic structure of this third edition remains the same, new chapters have been added to cover the legal aspects of competitive sealed proposals and contract administration. In addition, a chapter on procurement of information technology has been revised and updated to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike"-- Provided by publisher

"A guide to the three primary forums where most federal procurement decisions are contested"-- Provided by publisher

"This book will help you negotiate, draft, and understand information technology contracts"-- Provided by publisher

"This book was written to provide a complete understanding of negotiable instructions as promulgated by Article 3 of the Uniform Commercial Code by examining each section of Article 3. Problems (with solutions) and examples are set out to clarify the more difficult provisions of Article 3"--Back cover

"By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from prenatal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience"--Back cover

"This fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims"-- Provided by publisher

"Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders' property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that proves shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and, accountants"-- Provided by publisher

"This book is a continuation of Corporate Law and the Theory of the Firm: Reconstructing Corporations, Shareholders, Directors, Owners, and Investors. The author extends his analysis of contract law, property law, agency law, trust law, and corporate statutory law and applies that analysis to defy conventional concepts and theories in economics, finance, investment, and accounting and expose the artificial boundaries established by decades of research founded on indefensible assumptions and fallacious conclusions. Using the Humpty Dumpty principle, where words mean what the authors want them to mean, economists have created "strange new worlds" where contract law, property law, agency law, and corporate statutory law no longer apply. The author dismantles the theory of the firm by proving the theory of the firm willfully and intentionally ignores fundamental contract law, property law, agency law, and corporate statutory law. Contrary to the theory of the firm, shareholders do not own corporations, directors are not agents of shareholders, and shareholders are not investors in corporations. The author proves that by property law and corporate law, capital is not privately owned by capitalists but by corporations. Entire economic and social systems have been constructed that have no basis in law. With the advent of publicly traded corporations, the capital is there, but both capitalists and capitalism have been rendered extinct. This book will appeal to researchers and graduate and upper-level undergraduate students in economics, finance, accounting, law, and sociology, as well as legal scholars, attorneys and accountants"-- Provided by publisher

Contents: The new north star for supply chain management -- Product compliance regulations -- Vendor management laws -- Corporate social responsibility laws -- Materiality and cross-topical data analysis -- Program best practices -- Disclosing noncompliance

"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing. Special issues relating to TILA enforcement, as well as a discussion of related federal statutes, and regulation of the cost of credit are also covered. Post-transaction issues such as raising claims and defenses against third party financers (Holder in Due Course), warranties, default and debt collection, are included. Last but not least, there is a chapter on the law affecting various forms of payment for consumer transactions, including credit and debit cards"--Provided by the publisher

It seemed like no force in the world could slow J.P. Morgan's drive to power. In the summer of 1901, the financier was assembling his next mega-deal: Northern Securities, an enterprise that would affirm his dominance in America's most important industry: the railroads. Then, a bullet from an anarchist's gun put an end to the business-friendly presidency of William McKinley. A new chief executive bounded into office: Theodore Roosevelt. He was convinced that as big business got bigger, the government had to check the influence of the wealthiest or the country would inch ever closer to collapse. By March 1902, battle lines were drawn: the government sued Northern Securities for antitrust violations. But as the case ramped up, the coal miners' union went on strike and the anthracite pits that fueled Morgan's trains and heated the homes of Roosevelt's citizens went silent. With millions of dollars on the line, winter bearing down, and revolution in the air, it was a crisis that neither man alone could solve. Richly detailed and propulsively told, The Hour of Fate is the gripping story of a banker and a president thrown together in the crucible of national emergency even as they fought in court. The outcome of the strike and the case would change the course of our history. Today, as the country again asks whether saving democracy means taming capital, the lessons of Roosevelt and Morgan's time are more urgent than ever.

"CIP SUMMARY: Copyright for Schools makes legal concepts related to United States copyright law understandable to educators. A staple on reference shelves, it has now been updated with new court rulings and technology applications"-- Provided by publisher

Contents: Introduction : the music business, its past and future -- The art of music publishing -- Songwriter agreements -- Co-publishing and administration agreements -- International subpublishing -- The split copyright syndrome -- The language of music licensing -- Formalities of music licensing -- Duration of copyright, assignments of copyright, and licenses -- Basic considerations in music licensing -- The art of granting and clearing music licenses -- Licensing music in print and digital print (print licenses) -- Licensing music in sound recordings (mechanical licenses) -- Licensing music in background music services, digital jukeboxes, server copies and other commercial reproductions (electrical transcription licenses) -- Licensing music in audiovisual works (synchronization licenses) -- The user-generated content phenomenon -- Old licenses, new uses -- Licensing music in live and recorded public performances (public performance licenses) -- The grand rights controversy -- Licensing music in television, radio, print, and internet advertising -- Licenses for music boxes, consumer musical products, and other merchandise -- Licensing music in videogames, other new media, multimedia devices, and online versions -- Licensing of sound recordings (master use licenses, digital downloading and digital audio transmissions) -- The digital sampling controversy -- The fair use controversy -- Typical license fees

Contents: Getting started : music as a business
Entertainment group names : selection and protection / Stephen Bigger
Business entities / Edward (Ned) R. Hearn
How to set up a money deal for your music project / Edward (Ned) R. Hearn
Music attorneys / Mark Halloran
Protecting your compositions
Music copyright : a search for certainty / Mark Halloran
Sampling / Greg "Skins" Victoroff
Collaborator/songwriter agreements / Mark Halloran and Edward (Ned) R. Hearn
Digital downloads and streaming : copyright and distribution issues / Edward (Ned) R. Hearn
Youtube music / Mark Halloran and Edward (Ned) R. Hearn
International copyright / E. Scott Johnson, esq
Music publishing
Performing rights organizations in the United States : an overview / Mark Halloran and Diane Rapaport
Music publishing / Neville L. Johnson and Bernard M. Resnick
Performing : managers and agents
What a manager does / Alfred Schlesinger
Analysis of a personal management agreement / Neville L. Johnson and Bernard M. Resnick
Talent agents : new thinking on an old business / Matthew Burrows and Kelly Weiss
Club contracts / Edward (Ned) R. Hearn
TV talent competitions : the legacy of American idol / Mark Halloran and Thomas A. White
Recording
Independent record labels and record deals / Loren S. Wells
Recording and distribution contracts with independent and major labels / Edward (Ned) R. Hearn
Producer agreements are stupid / Daniel K. Stuart
How 360 deals became necessary and how to negotiate them / Daniel K. Stuart
Social media law for musicians / Stephanie Furgang Adwar
Royalty statements : audits and lawsuits / Steven Ames Brown

"Each of the treatise's 44 chapters provides a thorough treatment of the boundless issues that arise in the complex field of employment discrimination law. The authors and editors-practitioners in the field of employment discrimination law on behalf of management, employees, unions, and the government, respectively, as well as professors of law in this field-produced this Sixth Edition to update and organize the growing body of law and to provide an ordered and balanced discourse on the numerous statutes, regulations, and leading cases that govern the day-to-day relations between employers and employees. This treatise focuses primarily on the law of Title VII, as amended by the Civil Rights Act of 1991; the Equal Pay Act (EPA); the Age Discrimination in Employment Act (ADEA); Sections 1981 and 1983 of the Civil Rights Act of 1866, as related to employment discrimination; the Americans with Disabilities Act (ADA), as amended by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA); and the Rehabilitation Act. The treatise also addresses other rules and statutes, such as the Genetic Information Nondiscrimination Act of 2008 (GINA), the Family and Medical Leave Act of 1993 (FMLA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA), but claims under the above seven main statutes account for the overwhelming majority of federal employment discrimination litigation. The authors and editors have continued the approach originally embraced in the Fifth Edition, emphasizing decisions by the U.S. Courts of Appeals rather than opinions rendered by the U.S. District Courts. District court decisions are cited in instances where they constitute an important part of the developing case law (such as under newer statutes) and in fields such as procedure and evidence where there is a natural paucity of appellate authority"-- Provided by publisher

"Laws in the United States for the most part conform to the attitude of the father who believed family life interfered with work life. Much has been written about 'work/life balance.' This book does not advise how to balance the two. It reviews laws that make it difficult to achieve the balance and raises the question whether the workplace can value children." -- Preface

Contents: Medicare Part A and Part B audits -- Overview of the Medicare Part A and Part B appeals process -- Legal challenges to Part A and Part B audit determinations

"From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?"--Amazon

"This book grew out of an initiative of the Journal of National Security Law and Policy, which is housed at Georgetown University Law Center, in early April 2020. Because the pandemic was raising a host of legal and policy issues that implicate security in the United States and everywhere else, it decided to commission a special issue of the Journal to address these issues. It also arranged for the articles in the special issue to be published in book form as quickly as possible, in order to provide a useful resource for academic courses in law schools and elsewhere"-- Provided by publisher

"Written by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters include a glossary of terms, summaries of key concepts, and discussion questions, as well as informative "spotlights"-brief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Law is a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this book with its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems"-- Provided by publisher

"Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, "International Air Pollution" - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address. Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S"-- Provided by publisher

"The Law of Healthcare Administration teaches readers to think through these and other questions of law. Wide-ranging and skillfully written, author Stuart Showalter surveys the pressing issues uncovered during of two centuries of US policy, court decisions, and regulation. Unlike other textbooks on healthcare law, this book emphasizes a practical understanding of legal concepts of interest to students and educators in health administration, public health, nursing, allied health, and related programs. It does so in plain, accessible language, featuring real-life judicial decisions"-- Provided by publisher

This book will help readers see through the legal haze surrounding the interplay between medical marijuana and the traditional health care industry, as well as business opportunities surrounding cannabis and its by-products. Readers will have guidance for providing informed counsel and tackling tough questions whether they work with hospitals or long-term facilities, physicians or mid-level practitioners. Covers a broad range of subject areas, so health law practitioners can protect their client's interests and provide direction in both charted and uncharted terrain.-Publisher's website (viewed June 2, 2021)

"The first to provide a professional legal overview of the American cannabis industry, The Cannabis Business provides actionable guidance on legal and business issues faced by cannabis companies today. A global, largely illicit market worth around $150 billion is slowly transitioning into a legal, regulated industry, but it is a challenging one, made even more difficult by the complexities and nuances of the law. Entrepreneurs, investors, some 300,000 employees, and most Americans who support legalization need a reliable guide to understand this new industry. This is that book, written by partners at one of America's top cannabis law firms that has been at the cutting edge of marijuana and hemp law and policy since the inception of the regulated cannabis industry. The book comprises three parts: an introduction to the national legal landscape and the federal legal risks associated with cannabis businesses; an overview of the many legal issues faced by cannabis companies; and an introduction to the nuts and bolts of getting a cannabis deal done. Professionals and upper-level students with an interest in cannabis business or policy, from lawyers and entrepreneurs and investors to farmers, will find this book a useful and empowering resource, written by those at the forefront of the industry"-- Provided by publisher

Investigates the history and impact of the Second Amendment, how it was designed, and how it has been constructed from the start to keep African Americans powerless and vulnerable

"As essential resource for anyone interested in the most up to date and accurate information regarding special education legislation, this book relies on in depth discussion of court cases to help readers to understand statutes and their regulations"-- Provided by publisher

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for 'due process of law' and 'equal protection of the laws' as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept 'substantive due process,' the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about 'substance' namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"-- Provided by the publisher

"This book examines landmark Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans' economic rights. By analyzing both the Court's opinions and voting patterns from 1791 through the recent Roberts Court, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey's theory of the nation's three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme court's most significant rulings, old and new, are covered and clarified in detail." -- back cover

"Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. ... [The author] provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies." -- back cover

"Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court's ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. In addition to his analysis of cases, Brown discusses the three associate justices sent from Alabama to the Supreme Court-John McKinley, John Archibald Campbell, and Hugo Black-whose cumulative influence on the institution of the Court, constitutional interpretation, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians"-- Provided by the publisher

The book revises the Declaration of Independence and U.S. Constitution to make them fully consistent with the protection of individual rights and freedom. It shows what rights and freedom are, why they are crucial to human life, and how to protect them in the fundamental legal documents of a nation

"In the first comprehensive account of the Supreme Court's race-related jurisprudence, a historian and a civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation's promise of equality for all"-- Provided by the publisher

"To pursue the concept of racial entitlement-even for the most admirable and benign of purposes-is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American." Justice Scalia "It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior ... Because of their distinctive histories and traditions, black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement." Justice Thomas It is widely recognized that the idea of rights is central to America's national identity and its sense of itself.1 So powerful is our attachment to rights that some scholars see the American story as powerfully intertwined with what they label a "myth of rights."2 In this myth of rights perhaps nothing plays as important a role as the history of the mid-twentieth century struggle for civil rights for African-Americans. Brown v. Board of Education is, of course, the key moment in that struggle and it has become one of America's "sacred texts," a decision to which almost everyone pays homage even when they act in ways incompatible with its central premises.3 It is to the spirit of Brown that groups seeking recognition continuously appeal, a spirit that today plays a key role in the debate over gay marriage.4 Civil Rights in the American Story brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. This work includes examples of both the "old" and the "new" civil rights history. It uses the sources and analytics of both legal and social history"-- Provided by publisher

"This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms." -- back cover

"The morning of April 3, 1968 was fraught with tension. Nearly a decade and a half after Brown v. Board of Education (1954), racial integration had proved elusive. At first the resistance was overt and powerful, echoing the words of a Mississippi judge who had taunted, "it will take an army of one hundred million men" to enforce desegregation (see Brandenburg 2004; Klarman 2006; Ross 2002; Sunstein 2004). But as time passed segregation became a more insidious problem. Most southern districts adopted "freedom of choice" plans that offered minorities a say in the schools they would attend. But theory was not matched by reality. In one Virginia county, for example, 85% of African American students - and zero whites - attended the once all-black school (Stancil 2018). Against this backdrop, attorney Samuel W. Tucker stepped before the U.S. Supreme Court. Tucker represented the petitioners challenging Virginia's "part white part Negro" system of "dual schooling." The case was Green v. New Kent County (1968). Free choice plans, Tucker argued, had little practical effect. Schools remained overwhelmingly segregated by race. He called on the justices to address the problem. One month later, a unanimous Supreme Court offered one of the strongest frameworks for protecting minority rights ever endorsed by the U.S. judiciary (Stancil 2018). Its ruling called for the "dismantling" of dual systems. It was not enough to simply offer school choice, the Court found. The government had a responsibility to proactively bring about integration"-- Provided by publisher

"Undergraduate text on gender issues within the law"-- Provided by publisher

Contents: Brief history of immigration laws -- Federal & state authority to regulate immigration and the rights of noncitizens -- Admission and removal -- Fleeing persecution : refugees, asylees, and others -- Nonimmigrant visas -- Permanent resident status -- Employment-based immigration and labor certification -- Relief from removal -- Administrative review -- Federal judicial review -- Actions against government officials -- Employer sanctions, noncitizen-employee rights, employment authorization -- Naturalization and citizenship

"During the Trump administration, the immigration courts have been decried as more politicized enforcement weapon than impartial tribunal. Yet few people are aware of a fundamental flaw in the system that long pre-dates the current administration: The immigration courts are not really "courts" at all but an office of the Department of Justice-the nation's law enforcement agency. The Accidental History of the U.S. Immigration Courts uses narrative history, focusing on previously unstudied decisions in the Franklin D. Roosevelt and George W. Bush administrations, to help readers understand both the human tragedy of our immigration court system today and the human crises that led to its creation. Moving the reader from understanding to action, Alison Peck offers a lens through which to evaluate contemporary bills and proposals to reform our immigration court system. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved from the Department of Justice into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football-with people's very lives on the line"-- Provided by publisher

"Understanding Green Card Marriage Fraud explores the experiences of people who participated in Green Card marriage fraud, providing firsthand accounts of the social, individual and legal factors associated with this crime. This book uncovers deficient immigration procedures and offers insightful ways to improve upon them"-- Provided by publisher

"This authoritative overview of election redistricting at the congressional, state legislative, and local level provides offers an overview of redistricting for students and practitioners. The updated second edition pays special attention to the significant redistricting controversies of the last decade, from the Supreme Court to state courts"-- Provided by publisher

"The Electoral College that governs America has been with us since 1804, when Thomas Jefferson's supporters redesigned it for his re-election. The Jeffersonians were motivated by the principle of majority rule. Gone were the days when a president would be elected by acclamation, as George Washington had been. Instead, given the emergence of intense two-party competition, the Jeffersonians wanted to make sure that the Electoral College awarded the presidency to the candidate of the majority, rather than minority, party. They also envisioned that a candidate would win by amassing a majority of Electoral College votes secured from states where the candidate's party was in the majority. For most of American history, this system has worked as intended, producing presidents who won Electoral College victories derived from state-based majorities. In the last quarter-century, however, there have been three significant aberrations from the Jeffersonian design: 1992, 2000, and 2016. In each of these years, the Electoral College victory depended on states where the winner received only a minority of votes. In this authoritative history of the American Electoral College system, Edward Foley analyzes the consequences of the unparalleled departure from the Jeffersonians' original intent and delineates what we can do about it. He explains how states, by simply changing their Electoral College procedures, could restore the original Jeffersonian commitment to majority rule. There are various ways to do this, all of which comply with the Constitution. If only a few states had done so before 2016, the outcome might have been different. Doing so before future elections can prevent another victory that, contrary to the original Jeffersonian intent, a majority of voters did not want. "-- Provided by publisher

"This volume examines the political ideas behind the construction of the presidency in the U.S. Constitution, as well as how these ideas were implemented by the nation's early presidents"-- Provided by publisher

"Administrative law is currently in a mess. Most administrative lawyers know it. The purpose of this book is simple - to get administrative lawyers to think in a different way about what they do and what they see as important in administrative law. While that will not resolve all the tensions and disagreements in the subject, it will go a long way toward making the subject more coherent and administrative law debate more constructive." -- Acknowledgments

"Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. 'Reorganizing Government' explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions-centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an "adaptive governance" infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself." --Publisher's web page

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall

"The story of indigenous cultures and the law in America has been one of theft, loss, and decimation, at least when that story has been created and told by non-indigenous voices. As this book makes clear, we believe the era of those stories has passed and indigenous people will define the future of indigenous cultures and their protection, on their own terms. Therefore, we did not write this book in an attempt to establish normative guidelines of indigenous cultural preservation. Instead, we have set out to provide a framework within which tribes (and those interested in the area of indigenous cultural protection) can glean a basic understanding of the various laws that impede that effort, as well as those that advance claims to protect indigenous cultures"-- Provided by the publisher

"Thirty years ago the Indian law community was small enough that it was possible for even a new scholar to the field to keep up with most of the Indian law scholarship published annually. However, as our field has proliferated, it has also fragmented, and today more than two-hundred pieces of new legal scholarship are published annually in law reviews alone. These law reviews are not just ivory tower musings; there are now some scholarly contributions which are as fundamental for the study of Indian law as many cases or statutes. These articles help to contextualize the changing doctrines announced by the court, reconcile contradictory authority, challenge assumptions of race/place/power, and push for courts, tribal leaders, legislators, lawyers, educators, and students to adopt new ways of thinking about our fundamental doctrine. However, with so many new contributions we realized that new scholars may miss some of the most impactful articles, and even the progenitors of the field will have forgotten about some of the best ideas put forward by colleagues over the years. While several federal Indian law textbooks exist to preserve judicial doctrine, there is no definitive collection of related legal scholarship"-- Provided by publisher

"The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights. From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today"-- Provided by publisher

"For students of the federal judiciary, the Supreme Court's encounter with the adverse-party requirement in the Defense of Marriage Act (DOMA) case, United States v. Windsor, was disappointing. The Court has rather dogmatically insisted that federal courts can hear only "definite and concrete" controversies that touch upon "the legal relations of parties having adverse legal interests." But the Court has failed to provide a coherent account of the adverse-party requirement or of how such a requirement can co-exist with a variety of clearly non-adverse or ex parte proceedings that have worked their way onto the docket of the federal courts. Since the 1790s, Congress has assigned pension claims, warrant applications, naturalization proceedings, and a surprisingly broad range of other ex parte matters to the federal courts. For example, the Foreign Intelligence Surveillance Act, a subject of recent controversy, requires the government to obtain an ex parte federal court order to conduct certain kinds of electronic surveillance. Aside from a decision nearly one hundred years ago addressing the power of the federal courts to naturalize aliens, and a few relatively uninformative decisions thereafter, the Court has failed to wrestle with the tension between adverse-party rhetoric and ex parte reality. Windsor did little to clarify matters. Doubts as to the presence of truly adverse parties had arisen early on, when the government insisted on enforcing DOMA but agreed with its nominal opponent, Edith Windsor, that the law violated her constitutional rights by denying her the beneficial federal tax treatment she would have received had she been the surviving spouse of a man instead of a woman. Yet the opinion by Justice Kennedy for a five-Justice majority announced that the disappearance of adverseness did not deprive the Court of power to reach the merits. For the majority, the adverse-party requirement was a prudential element of standing doctrine, appropriately informing the Court's discretion but not inflexibly compelling party opposition as a jurisdictional prerequisite at every stage of every case. The Court did not offer much by way of support for its conclusion that such a requirement existed or, if it did, why it was merely a matter of prudence; certainly the Court took no notice of the many instances in which the federal judiciary, without first consulting prudential considerations, proceeds in the absence of party adverseness. Justice Scalia's sharply worded dissent also added little to our understanding of the adverse-party requirement. To be sure, Justice Scalia viewed the rule as an "essential element of an Article III case or controversy," not as a prudential requirement "that we have invented." Moreover, Justice Scalia attempted to connect the adverse-party restriction to the text of Article III, placing some emphasis on the fact that the term "controversy" connotes a live dispute between opposing parties. But the Justice did not address the meaning of Article III's grant of "judicial power" or of its reference to "cases"; both terms have suggested to other readers, including Chief Justice John Marshall and Justice Joseph Story, that federal jurisdiction encompasses more than disputes between adversaries. As for history, Justice Scalia depicted Article III's case-or-controversy limits as reflecting the traditional forms of adjudication inherited from early Americans and our "English ancestors," an echo of an earlier claim that the federal judicial power extends only to the forms and actions of the English courts at Westminster. This emphasis on England and the practice of the courts at Westminster, however, not only overlooks the fact that the English Court of Chancery itself exercised jurisdiction over certain ex parte and non-adverse matters; it also tends, in its focus on the common law, to obscure the alternative forms of adjudication on which the Framers were to draw in crafting Article III. It was mainly in the equity, admiralty, and probate courts of the eighteenth century, where judges rather than juries bore primary responsibility for fact-finding, that the Framers were to encounter the range of ex parte proceedings that made their way onto federal court dockets in the early Republic. Windsor thus brought us little closer to resolving the tension between the theory and reality of the adverse-party requirement"-- Provided by publisher

"The role of precedent in the law is complicated. One the one hand, it forms the basis of common law. Adherence to precedent, a doctrine known as stare decisis, forms the foundation that allows for the fundamental principles of stability and uniformity in the law to be built. As the Supreme Court itself has stated, Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process"-- Provided by the publisher

Journalist Linda Greenhouse draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues and wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, and she also makes useful comparisons with foreign courts. The second edition includes new material in the wake of significant shifts in the Court's makeup since the 2016 election. -- From publisher's description

"[This book] argues that the years between FDR's death in 1945 and Chief Justice Earl Warren's confirmation in 1953 (the dawn of the Cold War) were, contrary to widespread belief, important years in Supreme Court history. Never before or since has a president so quickly and completely changed the ideological and temperamental composition of the Court. With remarkable swiftness and certainty, Truman constructed a Court on which he relied to lend constitutional credence to his political agenda"-- Provided by the publisher

"From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discrimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws"-- Provided by publisher

"The Fourteenth Edition of A Practical Guide to Federal Evidence includes changes in the Federal Rules of Evidence through December 1, 2020. The modernized writing style makes the information easy to comprehend and put into practice. This book will help you think on your feet when you offer or oppose objections during pretrial and trial. Each section is laid out for easy reference and includes: a definition of the topic; the specific forms of objections and responses; the controlling rule; and commentary that gives experienced, real-world insights into typical issues you might confront. This guide outlines the foundations needed to admit evidence-useful whether you are proffering or objecting. The Quick Reference Guide at the end of the book provides instant access to ninety common objections. The eBook links the objections in the Quick Reference Guide back to the full text, putting instant reference to the appropriate rule and commentary at your fingertips"-- Provided by publisher

"Objections at Trial is a complete reference guide that travels easily to the courtroom or classroom. This invaluable handbook bridges the gap between knowing the rules of evidence and applying them in a judicial setting-and clearly identifies what proposed evidence is subject to exclusion by objection"-- Provided by publisher

"This book thoroughly explores one of the most basic skills employed by lawyers on a regular basis. They negotiate with their own colleagues, with their own clients, and on behalf of clients with other parties. Most attorneys have had minimal training with respect to this critical area. This book is designed to demonstrate how structured bargaining interactions are. It explores different negotiator styles, verbal and nonverbal communication, the six distinct stages of bargaining interactions, and various negotiating tactics. It describes various issues negotiators should be familiar with, plus the possible impact of ethnicity and gender issues on individuals negotiating with others. Transnational negotiations are covered, as are mediation concepts. Various ethical issues relevant to bargaining interactions are also included. A number of different negotiation exercises are included in the Teacher's Manual, which can be employed to demonstrate the different concepts explored in the book"-- Provided by the publisher

"As a law professor who teaches civil procedure and mediation, "Pursuing Settlement" reads like a history. Menkel-Meadow's uncanny accuracy in predicting the future, her prescient fears for where institutionalization of ADR might take us, and the remarkable continued relevance of her suggested reforms and accompanying experimentation combine to make an easy case for declaring her work foundational. She challenged us to consider "whether new forms of dispute resolution will transform the courts or whether, in a more likely scenario, the power of our adversarial system will co-opt and transform the innovations designed to redress some, if not all, of our legal ills." (p. 5) And she offered a qualified "no" to the query whether the growth and expansion of ADR within institutions has changed the consciousness of those who solve legal problems. What we now know With the benefit of 27 years of pursuing settlement in the shadow of litigation, what do we now know? Turns out, very little beyond what Menkel-Meadow presaged for us. Without question, I could now teach my entire procedure course using only case law decisions about disputed mediation issues (Coben, 2015). Exactly as Menkel-Meadow predicted, lawyers now routinely "use" mediation as the all-purpose excuse for all sorts of failures and omissions ranging from incomplete discovery and failing to designate trial experts to late-filed motions and untimely requests to amend pleadings (Cole et al., 2019, ch. 5). Lawyers (and clients) fail to realize the numerous ways mediation participation (or non-participation) influences litigation decisions quite distinct from the mediation itself. Courts have, among other things, treated the failure to participate in mediation as a factor in justifying: the pre-judgment attachment of property in aid of security, awards of prejudgment interest, and denials of continuance requests. Mediation behavior also is commonly invoked to support or deny awards of attorney's fees. Moreover, "traps for the unwary" abound (Coben, 2013). Parties have been deemed to have waived objections to venue and personal jurisdiction based on mediation participation. Requesting time to mediate has been deemed evidence of the lack of imminent harm to justify granting of a temporary restraining order. Information exchanged in mediation has been relied upon to establish or negate the amount in controversy necessary to justify federal court diversity jurisdiction and removal. State court mediation efforts have been cited as a reason for federal courts to decline supplemental jurisdiction over state law claims. In my home state of Minnesota, a settlement reached in mediation is evaluated under the law of contracts except that a mediated settlement must include the parties' affirmance that they intend the agreement to be binding upon them for the agreement actually to become binding - an affirmance that most first-year law students learn very early in their studies is akin to the "wax seal" or "ribbon" triviality no longer necessary to create a binding contract"-- Provided by publisher

Contents: The middle voice -- Intervener models -- Patterns in conflict : perceptions, parties, problems, processes, principles and practicalities -- The mediator's job -- Assessing entry -- Begin the discussions -- Accumulate information -- Develop the discussion strategy -- Generate movement -- ELECT separate sessions -- Reach closure -- Embracing diversity dynamics -- Mediating polarizing disputes -- Practical challenges and ethical dilemmas -- Conclusion

"To bring about a better understanding of the origins and meaning of the Federal Arbitration Act, this book presents in chronological order the legislative history of the statute, the documents produced by Congress as it was debating the statute's enactment. Although there are several documents in this compilation, such as reports and floor debates, the two primary, most detailed documents are transcripts of Congressional hearings. These transcripts are filled with references to people, events, beliefs, and principles that may not be widely known today. Thus, to help provide a deeper context to consider these key materials, the author has annotated these transcripts of Congressional hearings with explanations, which can be found in the footnotes"-- Provided by publisher

"As the death penalty clings stubbornly to life in many states and dies off in others, this first-of-its kind ethnography of capital trials offers a fresh analysis of the inner workings of American death penalty. Sarah Beth Kaufman draws on years of ethnographic and documentary research, including hundreds of hours of courtroom observation in seven states, interviews with prosecutors, and analyses of newspaper coverage of death penalty cases. Her research exposes the logic of a system that is not explained by morality or justice and does not make sense fiscally, emotionally, or as a crime-control strategy, but instead depends on a series of social logics that go beyond the previously acknowledged problems with race and class discrimination. Taking readers inside capital courtrooms across the country, American Roulette contends that the ideals of criminal punishment have been replaced by logics of performance and politics. The result is a network that assembles the power to decide between life and death, all while suggesting that jurors take ultimate responsibility"-- Provided by publisher

"In the 'war on terror' that followed the 9/11 attack, it was not only the military forces that entered into armed conflict. The institutions of government themselves became wartime actors, especially the Supreme Court. By declining to rubber-stamp the executive branch's actions, the Court broke with a longstanding tradition of deference to the executive in wartime national security cases and established judges as key players in shaping national security policies. In a variety of areas concerning enemy combatants-including detention, interrogation, military trials, surveillance, and targeted killing-lawyers, lawsuits, and court decisions have repeatedly altered the policy landscape, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. In this book, Gregory Burnep traces the creation and evolution of these enemy combatant policies from 2001 to 2018, during which time the courts became heavily involved in the post-9/11 armed conflict. But the Supreme Court was involved in conflict in another sense-namely, with the other branches of government, especially the executive. As a result, these policies have become increasingly insulated from presidential control and reflect the input from other actors and institutions. The widely feared imperial presidency, rooted in the Bush administration's rhetoric and legal arguments, ultimately did not materialize in the actual policies that were implemented, which reflected the ongoing dialogue between various institutional actors. A case study in the separation of powers, this book demonstrates the important role the judiciary has played in post-9/11 policy development"-- Provided by the publisher

"[This book] examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources (including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin) Ross sheds new light on policing."-- Provided by the publisher

"In February 2016, while testifying in a House Appropriations Subcommittee hearing, U.S. Attorney General Loretta Lynch, a Barack Obama appointee, promised that her department would act with independence in investigating Hillary Clinton's usage of a personal email server during her tenure as Secretary of State. During that hearing, Congressman John Carter (R-TX) asked Lynch: If the FBI makes the case that Hillary Clinton mishandled classified information and put America's security at risk, will you prosecute the case? . . .[P]lease look the American people in the eye and tell us what your position is as you are the chief prosecutor of the United States. In response to this questioning, Lynch asserted that: [The matter] is being handled by . . . independent attorneys in the Department of Justice. They follow the evidence, they look at the law and they'll make a recommendation to me when the time is appropriate. . .This will be conducted as every other case. We will review all the facts and all the evidence and come to an independent conclusion as how to best handle it. And I am also aware of no efforts to undermine our review or investigation into this matter at all (Goldman 2016). Despite strong claims of prosecutorial independence, many Republicans complained that a Department of Justice run by Obama appointees could not impartially pass legal judgment on the Hillary Clinton emails matter. A June 27, 2016 meeting between Lynch and former U.S. President Bill Clinton would not help matters. The two privately talked for approximately 20 minutes on a plane sitting on the Phoenix Sky Harbor airport tarmac in a meeting described as unplanned and "primarily social." Despite the meeting's claimed innocuous content, it "caused a cascading political storm" for Hillary Clinton's presidential campaign and "provided fodder for Republicans who have accused the Justice Department of bias in its inquiry into Secretary Clinton's use of a private email server at the State Department" (Chozick 2016). Even Democrats expressed concerns about the meeting Senator Chris Coons (D-DE) remarked that "I do think that this meeting sends the wrong signal . . . I think she should have steered clear, even of a brief, casual social meeting with the former president"-- Provided by publisher

"Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders (lawyers provided by the government for those who cannot afford private counsel). Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history--one that offers insights not only about the 'carceral state,' but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a 'crisis' of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms"-- Provided by the publisher

"Of the 347 U.S. false criminal convictions overturned so far through DNA testing, 73 percent were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? This book answers this question. The analysis of the U.S. Supreme Court eyewitness cases shows that most of the Court's holdings were likely in error. The Court - like the judges and juries in the courts below - greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence."--Back cover

"'The Jury Crisis: What's Wrong with Jury Trials and How We Can Save Them' addresses the near collapse of the jury trial in America--its causes, consequences, and cures. Drury Sherrod brings his unique perspective as a social psychologist who became a jury consultant to the reader, applying psychological research to real world trials and explaining why juries have become dysfunctional."--Provided by publisher

"[This book] illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and the rate kept climbing for the next four decades despite the fact that the crime rate declined substantially, the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, ranging from the war on drugs to harsh sentencing statutes, and more. This book gives the reader a unique position from which to counter the problem of the high rate of incarceration by showing that when a trial system becomes too complicated and expensive, it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentences if convicted"-- Provided by the publisher

Mass incarceration will end--there is an emerging consensus that we've been locking up too many people for too long. But with more than 2.2 million Americans behind bars right now, how do we go about bringing people home? Decarcerating America collects some of the leading thinkers in the criminal justice reform movement to strategize about how to cure America of its epidemic of mass punishment

"By the founder of the first organization in the US committed to freeing the wrongly imprisoned, a riveting story of devotion, sacrifice, and vindication Jim McCloskey was at a midlife crossroads when he met the man who would transform his life. A former management consultant, McCloskey had grown disenchanted with the business world; he enrolled at Princeton Theological Seminary at the age of 37. His first assignment found him a chaplain at Trenton State Prison in 1980, where he ministered to some of the most violent offenders in the state. Among them was Jorge de los Santos, a heroin addict who'd been convicted of murder years earlier. De los Santos swore to McCloskey that he was innocent--and over time, McCloskey came to believe him. With no legal or investigative training to speak of, McCloskey threw himself into the man's case. Two years later, he successfully effected his exoneration. McCloskey found his calling. He would go on to establish Centurion Ministries, the first group in America devoted to overturning wrongful convictions. Together with a team of forensic experts, lawyers, and volunteers--through tireless investigation and an unflagging dedication to justice--Centurion has freed 63 prisoners and counting, When Truth Is All You Have is McCloskey's inspirational story as well as those of the unjustly imprisoned for whom he has advocated. Spanning the nation, it is a chronicle of faith and doubt; of triumphant success and shattering failure. It candidly exposes a life of searching and struggle, uplifted by McCloskey's certainty that he had found what he was put on earth to do. Filled with generosity, humor, and compassion, it is the account of a man who has redeemed innumerable lives--and incited a movement--with nothing more than his unshakeable belief in the truth"-- Provided by publisher

"A senior federal judge's incisive, unsettling exploration of some of the paradoxes that the define the judiciary today: among them, why innocent people plead guilty, why high-level executives aren't prosecuted, why you won't get your day in court, and why the judiciary is curtailing its own constitutionally mandated power"-- Provided by publisher

"Describes how the West's arid ecosystems brought about major evolutions in western water law and, in turn, how the changes in the law subsequently had immense additional impacts on the environment"--Provided by publisher

Contents: Introduction -- Basic rules of property classification -- Five steps to property classification -- Classification flowcharts -- Classification problems

This book " ... is the second of two books expanding on PINNACLE's earlier publication, Sexual Orientation and the Law, which was released shortly before the U.S. Supreme Court affirmed all individuals' right to marry whomever they choose in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This second book takes an expanded look at how this changed legal landscape affects all unmarried couples in the areas of estate planning, family formation, relationship termination, adoption and surrogacy, and domestic partnership status and availability. Additionally, we continue our development of these topics with an eye toward a large group of Americans-the lesbian, gay, bisexual, transgender, and queer/questioning community-whose specific interests and needs might not be clearly addressed in existing texts"--Page iii

Contents: Introduction -- Substantive and procedural differences between immigration and criminal law -- Defense's counsel Sixth Amendment duty under Padilla - ICIDA : a structural framework for analyzing the immigration consequences of criminal offenses - ICIDA : an in-depth analysis of the immigration consequences of criminal offenses -- Case examples : employing the ICIDA approach -- Operating offenses -- Crimes against life and bodily security -- Crimes against public health and safety -- Crimes against property -- Crimes against government -- Crimes against children -- Controlled substances offenses -- Miscellaneous offenses -- Client communications, case strategy, and practice management tips -- Plea negotiations -- ICE detainers -- Postconviction relief for noncitizens - Appendices -- Table of cases --Table of statutes, regulations, and rules -- Index

"The purpose of this book is to provide a concise reference specifying the elements of crimes defined in the Wisconsin Statutes and indicating the applicable penalty."--Page ix

"In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international law and human rights law. Tracing the history of the Court from its political context in the 1940s to the present day, Nussberger engages with pressing questions about its origins and internal workings. What was the best model for such an international organization? How should it evolve within more and more diverse legal cultures? How does a case move among different decision-making bodies? These questions help frame the six parts of the book, whilst the final section reflects on the past successes and failures of the Court, shedding light on possible future directions"--Provided by the publisher

This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes. New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push. At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules. It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled there from falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights. The book is aimed at professionals and organizations involved in sports and anti-doping and provides them with an opportunity to delve into and understand the rights guaranteed to athletes within the European context. Furthermore, it is equally relevant for privacy and data protection lawyers and human rights scholars wishing to familiarize themselves with the difficult questions relating to human rights protection in the world of sport and anti-doping. Written in accessible language, it should also prove useful to athletes and laymen wanting to learn about the rules applicable to almost everyone who practices sport, even at a local amateur level.

Contents: Introduction / Oreste Pollicino, Giovanni Maria Riccio and Marco Bassini
'Speaking truth to power' : copyright and the control of speech / Fiona Macmillan
Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights / Alain Strowel
Regulating with rights proportionality? : copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union / Tuomas Mylly
Copyright and fundamental rights in European Court of Human Rights case law / Oleg Soldatov
Cultural rights, cultural diversity and the EU's copyright regime : the battlefield of exceptions and limitations to protected content / Evangelia Psychogiopoulou
The influence of the Court of Justice of the European Union on national courts in copyright cases / Giovanni Maria Riccio
US and EU : diverging or intertwined paths? / Maria Lillà Montagnani and Alina Trapova
From private enforcement to public enforcement : copyright enforcement in the digital age : a comparative overview / Giorgio Giannone Codiglione and Marco Bassini

"With the transfer of ever more tasks and competences to the European level the EU's administration has become increasingly complex, with 'agencification' as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself. Importantly, the book takes a comparative approach, examining the parallels and differences to the US law of administrative organization - and demonstrates that it is not sufficient to consider the respective laws of particular Member States in isolation. Using this comparison as a vehicle, the book provides an accessible conceptualization of the law of administrative organization of the EU. This includes a reasoned proposal for a reformed Art. 298 TFEU to address deficiencies in the EU's administrative organization and to enhance administrative legitimacy in the EU." -- back cover

"This book strikes a balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other. It argues that some rules governing athletes' eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes' rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law."-- Publisher's website

"This book is a legal practice guide for the collection, storage and analysis of personal and other data in Big Data applications. It contains numerous guidelines and graphic illustrations/graphics to offer well-founded, practice-oriented support. The book illuminates the legal scope of Big Data and at the same time closes a gap in the legal literature on the subject. Its content goes beyond the purely data protection law view and combines questions in the Big Data environment, among others, from the legal sources, the protection of industrial property rights and data protection. In addition to personal data, the book also looks at non-personal data (technical data or anonymous data), which is often mixed together for Big Data analyses. These different types of data may originate from different rightholders, may be subject to different national laws, may require different legal bases and/or may be used for different analysis purposes"--Provided by the publisher

"The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of 'guiding documents' binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system"--Publisher's website

Contents: Preface : The spirit of Nuremberg : idealism / Henry T. King, Jr.
Introduction : The legacy of Nuremberg / Beth A. Griech-Polelle
On the way to Nuremberg : the Soviets commission for the investigation of Nazi war crimes / Marina Yu. Sorokina
German participation in the Nuremberg trials and its implications for today / Christoph J. M. Safferling
The appropriation by German courts in French-occupied Baden of Control Council Law No. 10's definition of crimes against humanity in the prosecution of Nazi-era defendants, 1946-1951 / Michael S. Bryant
"Violation of human dignity" and other crimes against humanity in Austrian war crimes trials / Winfried R. Garscha
Brother, black sheep, or bastard? situating the Tokyo war crimes trial in the Nuremberg legacy, 1946-1948 / James Burnham Sedgwick
The Nuremberg trials and American jurisprudence : the decline of legal realism, the revival of natural law, and the development of legal process theory / Rodger D. Citron
The International Criminal Court and the ethics of selective justice / Aaron Fichtelberg
The United Nations War Crimes Commission : a model for complementarity today? / Dan Plesch and Leah Owen
In search of imperfect justice : genocidal rape and the legacy of Nuremberg and Tokyo / Tazreena Sajjad
The documentary record of Nuremberg in the twenty-first century / Judith Haran
United States military law of war doctrine : making the International Criminal Court irrelevant to the ground combat forces of the United States in the early twenty-first century / Rex A. Childers

Contents: What is international law? -- Historic foundations -- States -- Sources of international law -- International organizations -- Individuals -- International jurisdiction, conflicts, and immunities -- International dispute settlement -- International rights and responsibilities -- The laws of war and use of force

"This text challenges students to understand the concepts of international law in order to apply these concepts to specific cases for the purpose of taking a position on existing political and legal debates within the fields of international law and international studies"-- Provided by publisher

"This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order. The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law. This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book"-- Provided by publisher

"This book addresses RBOs' role in water diplomacy and conflict management in the broader context of cooperation over shared water resources. Through a theoretical framework, global overview and numerous case studies, it examines what role RBOs can and have played in addressing disagreements and conflicts and which approaches, tools and processes they have used in doing so"-- Provided by publisher

"Sabino Cassese presents an introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space; Discussion of the tensions between the state and global actors; Analysis of the dialogue between civil societies and world regulators; An examination of administrative forms of protection and their implementation. This book examines both specific cases and relevant institutions and procedures"-- Provided by the publisher

"International organizations (IOs) have become increasingly powerful. In recent decades, states have conferred more and more powers upon IOs in order to solve transnational problems and to provide global public goods. As a consequence of their increasing powers, IOs are affecting the lives of individuals across the globe - directly and indirectly. Throughout the 20th century, this internationalization was generally seen as a positive development, the "assumption [being] that international organisations are, necessarily, a good thing, an assumption which often takes the place of argument""-- Provided by publisher

Contents: The UN Charter and its evolution / Ian Johnstone
Treaty-making in international organizations : international relations theory / Shirley V. Scott
Treaty-making at the United Nations : the view from the Secretariat / Stephen Mathias
The role of treaties in pursuing the objectives of the UN Charter / Christian J. Tams
The place of treaties in the codification and progressive development of international law / Giorgio Gaja
The choice of a treaty : hard law versus soft law / Alan Boyle -- United Nations weapons control treaties / Barry Kellman
Creating from chaos : practitioner reflections on multilateral treaty-making / Daniël Prins -- Terrorism / Pierre Klein
Terrorism : practitioner reflection / A. Rohan Perera
The peaceful uses of outer space / Tanja Masson-Zwaan & Roberto Cassar
Environment and sustainable development / Marie-Claire Cordonier Segger & Alexandra Harrington
The ILO's standard-setting : the first one hundred years / George P. Politakis
Women / Hilary Charlesworth
Drugs and crime / David Bewley-Taylor and Martin Jelsma
Trade and development / Makane Moïse Mbengue
Culture / Tullio Scovazzi
The practice of UN treaty-making concerning science / Sam Johnston
Health / Allyn L. Taylor
Health : practitioner comment / Gian Luca Burci
Intellectual property / Edward Kwakwa
The human rights treaty body system / Jane Connors
The covenants / Bertrand G. Ramcharan
The committees on human rights and economic, social and cultural rights / Helen Keller and Corina Heri
United Nations treaty-making : refugees and stateless persons / Guy S. Goodwin-Gill
International criminal law and UN treaties / Salvatore Zappalà
International criminal law : practitioner reflection / Hirad Abtahi & Philippe Kirsch
Law of treaties / Malgosia Fitzmaurice
Law of treaties : practitioner reflection / Lionel Yee
Law of the sea / Yoshifumi Tanaka
Negotiating the UN Convention on the Law of the Sea : a practitioner's reflection / Tommy Koh
Privileges and immunities of the United Nations and specialized agencies / Davinia Aziz and Alison See
Diplomatic and consular relations / Sanderijn Duquet and Jan Wouters
International commercial arbitration / Corinne Montineri
Responsibility of states and international organizations / Pierre Bodeau-Livinec
The negotiation of multilateral treaties at the United Nations : a negotiator's view / Michael Wood
The participation of nonstate actors in the multilateral treaty process / Philippa Webb
Participation of international organizations in UN treaties / Jan Klabbers
The role of the United Nations in promoting transparency in the international treaty framework : a view through the registration and publication of treaties under Article 102 of the Charter of the United Nations / Jonathon Agar and Christel Mobech
The role of the Secretary-General of the United Nations as depositary of multilateral treaties / Arancha Hinojal-Oyarbide

"Building upon the theoretical and empirical findings, Verdini offers advice for practitioners on effective negotiation and dispute resolution strategies that avoid the presumption that there are not enough resources to go around, and that one side must win and the other must inevitably lose."--Back cover

"Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems."-- Back cover

"Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems."-- Back cover

Contents: Introduction / Hélène Ruiz Fabri, André Nunes Chaib
Democratic legitimacy and non-majoritarian institutions : reflections on the functional and democratic legitimacy of international adjudicative bodies and independent regulatory agencies / Alain Zamaria
In nobody's name : a checks and balances approach to international judicial independence / Aida Torres Pérez
Not in the name of the "other" : the democratic concept of international adjudication through the looking glass / Parvathi Menon
Courtspeak : a method to read the argumentative structure employed by the International Court of Justice in its judgments and advisory opinions / Lorenzo Gasbarri
International public authority in perspective : comparing roles of courts and international organizations in democratizing international law / André Nunes Chaib
The dispute settlement function of the International Court of Justice in Croatia v. Serbia / Cecily Rose
The public authority of the International Tribunal for the Law of the Sea / Lac Ngoc Nguyen
Not in my name! : Claudia Pechstein and the post-consensual foundations of the Court of Arbitration for Sport / Antoine Duval
Re-imagined communities : the WTO Appellate Body and the communitization of WTO law / Geraldo Vidigal
The democracy we want : standards of review and democratic embeddedness at the Inter-American Court of Human Rights / Rene Urueña
In the name of the European Union, the Member States and/or the European citizens? / Freya Clausen
In the name of the European club of liberal democracies : on the identity, mandate and national buffering of the ECtHR's case law / Armin von Bogdandy, Laura Hering

"This book examines the relationship between governments and international organizations under international law. After surveying the policing powers of international organizations under international law, it illustrates some normative aspects of law that distinguish regulation from enforcement via study of recent legal cases before international judicial bodies. According to Dimitris Liakopoulos's analysis, if the two provisions codify the same general rule, the peculiarities of the relationship between an international organization and individual governments mean that sanctions decline when measured against the hypothesis that the latter facilitate an organization's violation of its obligations to all. The book concludes with peculiarities in the enforcement of international law by international organizations"--Amazon.com

"In 'United Nations Peace Operations and Human Rights: Normativity and Compliance, Sylvia Maus offers a comprehensive account of the human rights obligations of United Nations peace operations with a dual focus on the applicability and the content of UN peace operations' human rights obligations. Selected case studies show a triad of human rights gaps: a protection gap, an accountability gap and a remedy gap. Going further than purely legal studies on the subject, Maus makes use of international relations theory and addresses considerations of reputation and legitimacy as reasons for (non-)compliance with human rights by the UN. Based on this interdisciplinary approach, she convincingly proposes ways for enhancing human rights compliance in UN peace operations." -- back cover

"This [book] is intended as a practical yet sophisticated overview of the subject for professionals who are not necessarily IHL experts, but who work in field where IHL may be relevant ... It is intended to be more detailed and nuanced, and less descriptive, than some of the many introductory surveys or student textbooks on IHL which have proliferated in recent years, precisely as a result of the burgeoning interest in the practice of IHL in many conflicts and countries"--Page v

"This book is concerned with refugee status determination in the context of 'natural' disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying epistemological as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the book develops a methodology that is theoretically informed by decades of scholarship in disaster risk reduction and doctrinally guided by a human rights-based approach. When disasters are understood as purely reflecting the indiscriminate forces of nature, it is difficult to imagine how a person may establish a well-founded fear of being persecuted, as required by Article 1A(2) of the Refugee Convention. However, when disasters are understood as the consequence of natural hazards interacting with exposed and vulnerable social conditions, the kinds of circumstances in which a person may establish eligibility for recognition of refugee status become much clearer. However, applying the dominant human rights-based approach in the context of disasters and climate change reveals deeply rooted assumptions about the meaning of core elements of the refugee definition, and a recalibrated human rights-based interpretation of general application as developed"-- Provided by the publisher

"There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty, and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states in four parts. The first part considers the general principles applying to use of force in the law of the sea and the law of national self-defence. The second part focuses on the right of coastal states to use force to prevent passage of warships which threatens their sovereignty, with particular reference to the specific maritime zones. The third part explores the law of the sea and the international law on the use of force by warships to ensure passage or to defend themselves. The fourth part assesses the extent to which the law of armed conflict may be applicable or useful in relation to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events, and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying International Law, the Law of the Sea, Security Studies and International Relations. It will also be of interest to naval, coast guard and military officers, as well as government legal advisors"-- Provided by publisher

""Crimes against humanity" has become integral to contemporary political and legal discourse. The conceptual core of the term - an act offending against all of mankind -, however, runs deep in the history in international political thought. In an original excavation of this history, The Politics of Universal Crime examines theoretical mobilizations of the idea of "universal crime" in colonial and post-colonial contexts. The book demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. It is argued that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. The study foregrounds the "political productivity" of universal crime that entails distinct figures, relationships and forms of authority and agency. The book traces this argument through European political theorists' deployments of universal crime in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. Analyzing John Locke's notion of universal crime in the context of English colonialism, the concept's retooled circulation during the nineteenth century and contemporary cosmopolitanism's reliance on 'crimes against humanity', it identifies an 'inclusionary Eurocentrism' that subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied 'exclusionary Eurocentrist' thinking, 'inclusionary Eurocentrist' arguments have historically extended an unequal, repressive 'recognition via liability' to non-European peoples"-- Provided by publisher

"Using India as a case study, Joseph McQuade demonstrates how the modern concept of terrorism was shaped by colonial emergency laws dating back into the 19th and early 20th centuries. Beginning with the 'thugs', 'pirates', and 'fanatics' of the 19th century, McQuade traces the emerging and novel legal category of 'the terrorist' in early 20th century colonial law, ending with an examination of the first international law to target global terrorism in the 1930s. Drawing on a wide range of archival research and a detailed empirical study of evolving emergency laws in British India, he argues that the idea of terrorism emerged as a deliberate strategy by officials seeking to depoliticize the actions of anti-colonial revolutionaries, and that many of the ideas embedded in this colonial legislation continue to shape contemporary understandings of terrorism today"-- Provided by publisher

The ninth edition of the MLA Handbook is a textbook and reference guide that offers student writers and writing instructors guidance on creating works-cited-list entries in MLA style using the template of core elements. It features advice on punctuation, grammar, inclusive language, formatting research papers, and in-text citations. Includes an appendix of sample works-cited-list entries, illustrations, and an index

A pervasive assumption about the culture of the southern United States is that it is firmly rooted in an oral tradition, not a written one. Schweiger complicates our understanding of literacy and reading in the American South before emancipation by shedding light on literature's importance in helping the South preserve tradition, develop southern vernacular, and form a cultural identity. Schweiger explains how the "universal truth" of literacy's incompatibility with slavery hid readers in this region from their society and beyond, and obscured a rich literate tradition

Contents: Introduction: Ethnicity, Gender, and Diversity on TV in Context / Peter Robson and Jennifer L. Schulz
Brazil: Dramas of Televisual Justice / Pedro Fortes and Germano Schwartz
Britain: The Justice System on TV / Peter Robson
Canada: Women, People of Color, and Diversity on Top Law Shows / Jennifer L. Schulz
Germany: Diversity on Its Way / Franziska Stürmer
Greece: TV Crime Dramas and Some Reflections on Gender and Race / Nickos Myrtou, Stamatis Poulakidakos, and Olga Derzioti
Poland: Polish Productions about Polish Problems / Zofia Zawadzka
Switzerland: Diversity as a Means of Seduction / Lukas Musumeci and Fabian Odermatt
United States: Some Representations of Ethnicity, Gender, and Diversity on Law-Related TV Series / Christine A. Corcos

"Women, Film, and Law convincingly argues that popular fictional depictions of women's imprisonment can illuminate the multiple forms of marginalization, social exclusion, and oppression experienced by criminalized women. While entertainment and profit constitute the driving force behind popular representations of women in correctional facilities, the creative influence of film and television also generates legal meaning. The women-in-prison (WIP) genre can leave viewers feeling both empathetic toward the women portrayed in these films and troubled about the crimes for which they find themselves incarcerated. Focusing on five exemplary WIP films and a television series, from 1933 to the present, Women, Film, and Law asks how fictional representations explore, shape, and refine beliefs about women who are incarcerated. WIP films grapple with women's liberation and subjugation, sexuality and sexual identities, forbidden desires, and physical and emotional imprisonment. They are also rich material for critical legal readings of the construction of the "female criminal" and the offences for which stock characters are convicted. From melodrama to exploitation, and from theatre screenings to on-demand film, television programs, and music videos, these media bring into view the legal, economic, and political structures that criminalize women differently from men, and that target those women who are already at the margins of society."-- Provided by publisher

Crime stories attract audiences and social buzz, but they also serve as prisms for perceived threats. As immigration, technological change, and globalization reshape our world, anxiety spreads. Because journalism plays a role in how the public adjusts to moral and material upheaval, this unease raises the ethical stakes. Reporters can spread panic or encourage reconciliation by how they tell these stories. Murder in our Midst uses crime coverage in select North American and Western European countries as a key to examine culturally constructed concepts like privacy, public, public right to know, and justice. Working from close readings of news coverage, codes of ethics and style guides, and personal interviews with almost 200 news professionals, this book offers fertile material for a provocative conversation. We use our findings to divide the ten countries studied into three media models; we explore what the differing coverage decisions suggest about underlying attitudes to criminals and crime, and how justice in a democracy is best served. Today, journalists' work can be disseminated around the world without any consideration of whether what's being told (or how) might dissolve cultural differences or undermine each community's right to set its own standards to best reflect its citizens' values. At present, unique reporting practices persist among our three models, but the internet and social media threaten to dissolve distinctions and the cultural values they reflect. We need a journalism that both opens local conversations and bridges differences among nations. This book is a first step in that direction

"War often appears to be definitionally outside the realm of structures such as law and literature. When we speak of war, we often understand it as incapable of being rendered into rules or words. Lawyers struggle to fit the horrors of the battlefield, the torture chamber, or the makeshift hospital filled with wounded and dying civilians into the framework of legible rules and shared understandings that law assumes and demands. In the West's centuries-long effort to construct a formal law of war, the imperative has been to acknowledge the inhumanity of war while resisting the conclusion that it need therefore be without law. Writers, in contrast, seek to find the human within war - an individual story, perhaps even a moment of comprehension. Law and literature might in this way be said to share imperialist tendencies where war is concerned: toward extending their dominion to contain what might be uncontainable. This volume on war is the sixth in the University of Chicago Law School's law and literature series. The papers are intended to address the many ways in which war affects human society and the many groups of people whose lives are affected by war. Some of the papers concern the lives of soldiers; others focus on civilians living in war zones who are caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives within one volume, we hope to examine how literature has reflected the totalizing nature of war and the ways in which it distorts law across domains"-- Provided by publisher

"At 85 years old, Alejandro "Sandy" Stern, a brilliant defense lawyer with his health failing but spirit intact, is on the brink of retirement. But when his old friend Dr. Kiril Pafko, a former Nobel Prize winner in Medicine, is faced with charges of insider trading, fraud, and murder, his entire life's work is put in jeopardy, and Stern decides to take on one last trial. In a case that will provide the defining coda to both men's accomplished lives, Stern probes beneath the surface of his friend's dazzling veneer as a distinguished cancer researcher. As the trial progresses, Stern will question everything he thought he knew about his friend. Despite Pafko's many failings, is he innocent of the terrible charges laid against him? How far will Stern go to save his friend, and-no matter the trial's outcome-will he ever know the truth? Stern's duty to defend his client and his belief in the power of the judicial system both face a final, terrible test in the courtroom, where the evidence and reality are sometimes worlds apart"--Provided by publisher

Avery Keene, a law clerk for the legendary Justice Howard Wynn, is doing her best to excel in an arduous job with the court while also dealing with a troubled family. When the news breaks that Justice Wynn-- the cantankerous swing vote on many current high-profile cases-- has slipped into a coma, Avery is notified that Justice Wynn has left instructions for her to serve as his legal guardian and power of attorney. Avery finds that Justice Wynn had been secretly researching one of the most controversial cases before the court: a proposed merger between an American biotech company and an Indian genetics firm. She comes to see that Wynn had a personal stake in the controversial case-- and finding the truth will put Avery into harm's way. -- adapted from jacket

"Dre Ross has one more shot. Despite being a successful political consultant, his aggressive tactics have put him on thin ice with his boss, Mrs. Fitz, who plucked him from juvenile incarceration and mentored his career. She exiles him to the backwoods of South Carolina with $250,000 of dark money to introduce a ballot initiative on behalf of a mining company. The goal: to manipulate the locals into voting to sell their pristine public land to the highest bidder. Dre arrives in God-fearing, flag-waving Carthage County, with only Mrs. Fitz's well-meaning yet naïve grandson Brendan as his team. Dre, an African-American outsider, can't be the one to collect the signatures needed to get on the ballot. So he hires a blue-collar couple, Tyler Lee and his pious wife, Chalene, to act as the initiative's public face. Under Dre's cynical direction, a land grab is disguised as a righteous fight for faith and liberty. As lines are crossed and lives ruined, Dre's increasingly cutthroat campaign threatens the very soul of Carthage County and perhaps the last remnants of his own humanity."--Provided by publisher

Contents: Big data and blockchain -- Blockchain and cryptocurrency -- Big data and cryptocurrency -- Fusing big data, blockchain, and cryptocurrency

Private land and the Endangered Species Act -- Case studies in conservation : Red-Cockaded Woodpecker and Greater Sage-Grouse -- Getting started with conservation -- Common mechanisms for enrolling land in conservation programs -- Working with regulated entities and investors -- Introduction to the Farm Bill -- Farm Bill incentives and rental contracts -- Farm Bill easements -- Partnership programs under the Farm Bill -- Other federal resources for conservation -- Non-federal resources for conservation -- Understanding a landowner's liability under the Endangered Species Act -- Tools for private landowners to navigate the Endangered Species Act

Contents Prologue : Conflict and context -- Coal : a primer -- War stories -- Congress misses the mark -- Misadventures in modification -- Bad neighbors -- A warming world -- Hope for redemption -- Conclusion : A farewell to harms