Neither Fugitive nor Free: Atlantic Slavery, Freedom Suits, and the Legal Culture of Travel (America and the Long 19th Century Book 8) by Edlie L. Wong (NYU Press) Price verified 5 hours ago

Part of the American Literatures Initiative Series Neither Fugitive nor Free draws on the freedom suit as recorded in the press and court documents to offer a critically and historically engaged understanding of the freedom celebrated in the literary and cultural histories of transatlantic abolitionism. Freedom suits involved those enslaved valets, nurses, and maids who accompanied slaveholders onto free soil. Once brought into a free jurisdiction, these attendants became informally free, even if they were taken back to a slave jurisdiction -- at least according to abolitionists and the enslaved themselves. In order to secure their freedom formally, slave attendants or others on their behalf had to bring suit in a court of law. Edlie Wong critically recuperates these cases in an effort to reexamine and redefine the legal construction of freedom, will, and consent. This study places such historically central anti-slavery figures as Frederick Douglass, Olaudah Equiano, and William ...

Genre: Law

Breaking the Devil’s Pact: The Battle to Free the Teamsters from the Mob by James B. Jacobs (NYU Press) (1 Review)    Price verified 7 hours ago

An in-depth study of the U.S. v. the International Brotherhood of Teamsters In 1988, Manhattan U.S. Attorney Rudy Giuliani brought a massive civil racketeering suit against the leadership of the International Brotherhood of Teamsters (IBT), at the time possibly the most corrupt union in the world. The lawsuit charged that the mafia had operated the IBT as a racketeering enterprise for decades, systematically violating the rights of members and furthering the interests of organized crime. On the eve of trial, the parties settled the case, and twenty years later, the trustees are still on the job. Breaking the Devil's Pact is an in-depth study of the U.S. v. IBT, beginning with Giuliani's lawsuit and the politics surrounding it, and continuing with an incisive analysis of the controversial nature of the ongoing trusteeship. James B. Jacobs and Kerry T. Cooperman address the larger question of the limits of legal reform in the American labor movement and the appropriate level of ...

Genre: Law

Victims in the War on Crime: The Use and Abuse of Victims' Rights (Critical America Book 47) by Markus Dirk Dubber (NYU Press) (1 Review)    Price verified 3 hours ago

Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging ...

Genre: Law

The Essential Agus: The Writings of Jacob B. Agus by Steven T. Katz (NYU Press) (1 Review)    Price verified 7 hours ago

Rabbi Jacob Agus' (1911-1986) intellectual production spanned nearly a half century and covered an enormous historical and conceptual range, from the biblical to the modern era. Best known as an important Jewish scholar, he also held important rabbinic, teaching, and public positions. Although born and raised within an orthodox setting, Agus was strongly influenced by American liberalism and his work displayed modernizing sympathies, reservations about nationalism--including some forms of Zionism--and often severe criticisms of kabbalah. Agus crafted a unique, quite American, modernizing vision that ardently sought to remain in touch with the wellsprings of the rabbinic tradition while remaining open to the intellectual and moral currents of his own time.The Essential Agus brings together a sampling of Agus' most important published and unpublished material in one easily accessible volume. It will be an invaluable resource for students and researchers seeking to experience Agus' ...

Genre: Law

Postmodern Legal Movements: Law and Jurisprudence At Century's End by Gary Minda (NYU Press) (2 Reviews)    Price verified 7 hours ago

A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

Genre: Law

The Ugly Laws: Disability in Public (The History of Disability Book 3) by Susan M. Schweik (NYU Press) (34 Reviews)    Price verified 11 hours ago

The murky history behind municipal laws criminalizing disability In the late-nineteenth and early-twentieth centuries, municipal laws targeting "unsightly beggars" sprang up in cities across America. Seeming to criminalize disability and thus offering a visceral example of discrimination, these "ugly laws" have become a sort of shorthand for oppression in disability studies, law, and the arts. In this watershed study of the ugly laws, Susan M. Schweik uncovers the murky history behind the laws, situating the varied legislation in its historical context and exploring in detail what the laws meant. Illustrating how the laws join the history of the disabled and the poor, Schweik not only gives the reader a deeper understanding of the ugly laws and the cities where they were generated, she locates the laws at a crucial intersection of evolving and unstable concepts of race, nation, sex, class, and gender. Moreover, she explores the history of resistance to the ordinances, using the ...

Genre: Law

Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia (Law, Meaning, And Violence) by John D. Ciorciari (University of Michigan Press) (1 Review)    Price verified 11 hours ago

Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal's creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.

Genre: Law

Citizens into Dishonored Felons: Felony Disenfranchisement, Honor, and Rehabilitation in Germany, 1806-1933 (Studies in German History Book 28) by Timon de Groot (Berghahn Books) Price verified 3 hours ago

Over the course of its history, the German Empire increasingly withheld basic rights -- such as joining the army, holding public office, and even voting -- as a form of legal punishment. Dishonored offenders were often stigmatized in both formal and informal ways, as their convictions shaped how they were treated in prisons, their position in the labour market, and their access to rehabilitative resources. With a focus on Imperial Germany's criminal policies and their afterlives in the Weimar era, Citizens into Dishonored Felons demonstrates how criminal punishment was never solely a disciplinary measure, but that it reflected a national moral compass that authorities used to dictate the rights to citizenship, honour and trust.

Genre: Law

Covid-19 and Capitalism: Success and Failure of the Legal Methods for Dealing with a Pandemic (Economic and Financial Law & Policy – Shifting ... by Koen Byttebier (Springer) (1 Review)    Price verified 8 hours ago

This open access book provides a comprehensive analysis of the socioeconomic determinants of Covid-19. From the end of 2019 until presently, the world has been ravaged by the Covid-19 pandemic. Although the cause of this is (obviously) a virus, the extent to which this virus spread, and therefore the number of infections and deaths, was largely determined by socio-economic factors. From this, it follows that the course of the pandemic varies greatly from one country to another. This observation applies both to countries' resilience to such a pandemic (which is mainly rooted in the period preceding the outbreak of the virus) and to the way in which countries have reacted to the virus (including the political choices on how to respond). Meanwhile, research has made it clear that the nature of this response (e.g., elimination policy, mitigation policy, and proceeding herd immunity) was, on the one hand, strongly determined by political and ideological factors and, on the other hand, was ...

Genre: Law

Women in Antitrust: Antitrust across the borders by Verônica de Castro Lameira (1 Review)    Price verified 3 hours ago

This is the first international book of the Women in Antitrust Network and we could not be more grateful for the opportunity to carry out this project and happier with the result. The ambition to organize a book written by women from different countries and nationalities rose from the success of the national book "Mulheres no Antitruste", which is already in its 6th edition, as well as from the WIA's dream of expanding the reach of its projects and introducing them to women from antitrust academic community outside Brazil. Aiming to understand and pursue the most recent discussions on Antitrust Law in different jurisdictions, we invited brilliant authors to contribute with unpublished articles about topics they considered most relevant and pertinent. Furthermore, in order to cover even more recent topics, with subjects still under discussion, we included a section in the book dedicated to shorter and already published articles and papers in order to make the book updated and ...

Genre: Law

Foundations of a Sociology of Canon Law by Judith Hahn (Springer) (1 Review)    Price verified 3 hours ago

This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of "law" in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon "law". By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular ...

Genre: Law

Equality within Our Lifetimes: How Laws and Policies Can Close—or Widen—Gender Gaps in Economies Worldwide by Jody Heymann (University of California Press) (2 Reviews)    Price verified 5 hours ago

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. Well into the twenty-first century, achieving gender equality in the economy remains unfinished business. Worldwide, women's employment, income, and leadership opportunities lag men's. Building and using a one-of-a-kind database that covers 193 countries, this book systematically analyzes how far we've come and how far we have to go in adopting evidence-based solutions to close the gaps. Spanning topics including girls' education, employment discrimination of all kinds, sexual harassment, and caregiving needs across the life course, the authors bring the findings to life through global maps, stories of laws' impact in courts and beyond, and case studies of making change. A powerful call to action, Equality within Our Lifetimes reveals how gender equality is both feasible and urgently needed to address some of the ...

Genre: Law

Race and the Law in South Carolina: From Slavery to Jim Crow by John Wertheimer (Amherst College Press) (1 Review)    Price verified 7 hours ago

This first title in the "Law, Literature & Culture" series uses six legal disputes from the South Carolina courts to illuminate the complex legal history of race in the U.S. South from slavery through Jim Crow. The first two cases -- one criminal, one civil -- both illuminate the extreme oppressiveness of slavery. The third explores labor relations between newly emancipated Black agricultural workers and white landowners during Reconstruction. The remaining cases investigate three prominent features of the Jim Crow system: segregated schools, racially biased juries, and lynching, respectively. Throughout the century under consideration, South Carolina's legal system obsessively drew racial lines, always to the detriment of non-white people, but it occasionally provided a public forum within which racial oppression could be challenged. The book emphasizes how dramatically the degree of legal oppressiveness experienced by Black South Carolinians varied during the century under study, ...

Genre: Law

Cybersecurity of Digital Service Chains: Challenges, Methodologies, and Tools (Lecture Notes in Computer Science Book 13300) by Joanna Kołodziej (Springer) (5 Reviews)    Price verified 7 hours ago

This open access book presents the main scientific results from the H2020 GUARD project. The GUARD project aims at filling the current technological gap between software management paradigms and cybersecurity models, the latter still lacking orchestration and agility to effectively address the dynamicity of the former. This book provides a comprehensive review of the main concepts, architectures, algorithms, and non-technical aspects developed during three years of investigation; the description of the Smart Mobility use case developed at the end of the project gives a practical example of how the GUARD platform and related technologies can be deployed in practical scenarios. We expect the book to be interesting for the broad group of researchers, engineers, and professionals daily experiencing the inadequacy of outdated cybersecurity models for modern computing environments and cyber-physical systems.

Genre: Law

Book of the Disappeared: The Quest for Transnational Justice (Ethnic Conflict: Studies in Nationality, Race, and Culture) by Jennifer Heath (University of Michigan Press) (2 Reviews)    Price verified 7 hours ago

Book of the Disappeared confronts worldwide human rights violations of enforced disappearance and genocide and explores the global quest for justice with forceful, outstanding contributions by respected scholars, expert practitioners, and provocative contemporary artists. This profoundly humane book spotlights our historic inhumanity while offering insights for survival and transformation.

Genre: Law

Rangeland Systems: Processes, Management and Challenges (Springer Series on Environmental Management) by David D. Briske (Springer) (9 Reviews)    Price verified 6 hours ago

This book is open access under a CC BY-NC 2.5 license. This book provides an unprecedented synthesis of the current status of scientific and management knowledge regarding global rangelands and the major challenges that confront them. It has been organized around three major themes. The first summarizes the conceptual advances that have occurred in the rangeland profession. The second addresses the implications of these conceptual advances to management and policy. The third assesses several major challenges confronting global rangelands in the 21st century. This book will compliment applied range management textbooks by describing the conceptual foundation on which the rangeland profession is based. It has been written to be accessible to a broad audience, including ecosystem managers, educators, students and policy makers. The content is founded on the collective experience, knowledge and commitment of 80 authors who have worked in rangelands throughout the world. Their collective ...

Genre: Law

South-North Migration of EU Citizens in Times of Crisis (IMISCOE Research Series) by Jean-Michel Lafleur (Springer) (3 Reviews)    Price verified one hour ago

This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis. Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants' socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries' this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to move within the ...

Genre: Law

Monitoring State Compliance with the UN Convention on the Rights of the Child: An Analysis of Attributes (Children’s Well-Being: Indicators and ... by Ziba Vaghri (Springer) (1 Review)    Price verified 11 hours ago

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State's progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of ...

Genre: Law

The Climate-Smart Agriculture Papers: Investigating the Business of a Productive, Resilient and Low Emission Future by Todd S. Rosenstock (Springer) (7 Reviews)    Price verified 7 hours ago

This book is open access under a CC BY 4.0 license. This volume shares new data relating to Climate-Smart Agriculture (CSA), with emphasis on experiences in Eastern and Southern Africa. The book is a collection of research by authors from over 30 institutions, spanning the public and private sectors, with specific knowledge on agricultural development in the region discussed. The material is assembled to answer key questions on the following five topic areas: (1) Climate impacts: What are the most significant current and near future climate risks undermining smallholder livelihoods? (2) Varieties: How can climate-smart varieties be delivered quickly and cost-effectively to smallholders? (3) Farm management: What are key lessons on the contributions from soil and water management to climate risk reduction and how should interventions be prioritized? (4) Value chains: How can climate risks to supply and value chains be reduced? and (5) Scaling up: How can most promising climate risks ...

Genre: Law

The Implementation of Free, Prior and Informed Consent and Indigenous Peoples' Rights under the OECD Guidelines for Multinational Enterprises: An ... by Fanny Pulver (buch & netz) (1 Review)    Price verified 7 hours ago

Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples' rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the 'case law' of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples' rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the 'jurisprudence' of the NCPs, and makes suggestions for possible improvements.

Genre: Law

Familia y privación de la libertad en Colombia (Spanish Edition) by Carol Iván Abaunza Forero (SciELO - Editorial Universidad del Rosario) (1 Review)    Price verified 5 hours ago

"Esta obra es el resultado de la investigación denominada "Familia y privación de la libertad" realizada durante los años 2014 y 2015 por el equipo de investigación en asuntos penitenciarios y carcelarios del Instituto Rosarista de Acción Social -SERES-. Esta investigación tenía por objetivo establecer los impactos de la privación de la libertad en las familias y sus dinámicas, desde los puntos de vista jurídico, económico, psicológico y social, de acuerdo con la percepción y vivencia personal de las personas privadas de la libertad y algunos de los miembros que conforman su familia. Con base en la información encontrada en campo fue posible establecer una concepción de familia que, lejos de presentarse como una estructura rígida, permite formas flexibles y diversas. Igualmente, el estudio propone una tipología de familia de la persona privada de la libertad, presenta los efectos de la desvinculación familiar y las formas de adaptarse a diferentes situaciones, ...

Genre: Law

Cyber Security: 19th China Annual Conference, CNCERT 2022, Beijing, China, August 16–17, 2022, Revised Selected Papers (Communications in Computer ... by Wei Lu (Springer) Price verified 3 hours ago

This open access book constitutes the refereed proceedings of the 18th China Annual Conference on Cyber Security, CNCERT 2022, held in Beijing, China, in August 2022. The 17 papers presented were carefully reviewed and selected from 64 submissions. The papers are organized according to the following topical sections: ??data security; anomaly detection; cryptocurrency; information security; vulnerabilities; mobile internet; threat intelligence; text recognition.

Genre: Law

Perspectives on Digital Humanism by Hannes Werthner (Springer) (1 Review)    Price verified 5 hours ago

This open access book aims to set an agenda for research and action in the field of Digital Humanism through short essays written by selected thinkers from a variety of disciplines, including computer science, philosophy, education, law, economics, history, anthropology, political science, and sociology. This initiative emerged from the Vienna Manifesto on Digital Humanism and the associated lecture series. Digital Humanism deals with the complex relationships between people and machines in digital times. It acknowledges the potential of information technology. At the same time, it points to societal threats such as privacy violations and ethical concerns around artificial intelligence, automation and loss of jobs, ongoing monopolization on the Web, and sovereignty. Digital Humanism aims to address these topics with a sense of urgency but with a constructive mindset. The book argues for a Digital Humanism that analyses and, most importantly, influences the complex interplay of ...

Genre: Law

Smooth Path or Long and Winding Road?: How Institutions Shape the Transition from Higher Education to Work by Kathrin Leuze (BUDRICH) (1 Review)    Price verified 3 hours ago

The book uses a comparative study of Germany and Britain to reveal how national institutions shape the labour market careers of higher education graduates. It identifies four institutional spheres that are important: the structure of higher education systems, the content of study, the structure of graduate labour markets, and labour market flexibility. Due to country differences, the transition from higher education to work in Germany follows a smooth path, while in Britain it is more comparable to a long and winding road.

Genre: Law

Biocultural Rights, Indigenous Peoples and Local Communities: Protecting Culture and the Environment (Routledge Explorations in Environmental Studies) by Fabien Girard (Routledge) (3 Reviews)    Price verified 7 hours ago

This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn ...

Genre: Law

Ayotzinapa y la crisis del estado neoliberal mexicano (ReVisión Universitaria) (Spanish Edition) by David Velasco Yáñez (ITESO) (17 Reviews)    Price verified 3 hours ago

¿Qué pasó en Ayotzinapa? Es la pregunta que surgió el 26 de septiembre de 2014, que no encuentra una respuesta satisfactoria pese a la intervención de actores de distintas instancias, niveles y nacionalidades, y al esbozo de múltiples hipótesis sobre los enfrentamientos registrados en Iguala, Guerrero, que derivaron en la muerte de varias personas y la desaparición de 43 estudiantes de la Normal Rural "Isidro Burgos", en una tragedia que evidenció la crisis que atraviesa el estado mexicano y que afecta a todo el país. A partir de lo acontecido en Ayotzinapa y con base en la teoría general de los campos de Pierre Bourdieu y su propuesta de análisis teórico metodológico sobre el estado, en esta obra se realiza un análisis de la práctica sistemática y generalizada de las desapariciones forzadas en México, con el fin de ofrecer otra manera de comprender el entretejido político-económico-social que hace posible este grave fenómeno, que desgarra tanto a familias como a ...

Genre: Law

Pandemics: Insurance and Social Protection (Springer Actuarial) by María del Carmen Boado-Penas (Springer) (2 Reviews)    Price verified 5 hours ago

This open access book collects expert contributions on actuarial modelling and related topics, from machine learning to legal aspects, and reflects on possible insurance designs during an epidemic/pandemic. Starting by considering the impulse given by COVID-19 to the insurance industry and to actuarial research, the text covers compartment models, mortality changes during a pandemic, risk-sharing in the presence of low probability events, group testing, compositional data analysis for detecting data inconsistencies, behaviouristic aspects in fighting a pandemic, and insurers' legal problems, amongst others. Concluding with an essay by a practicing actuary on the applicability of the methods proposed, this interdisciplinary book is aimed at actuaries as well as readers with a background in mathematics, economics, statistics, finance, epidemiology, or sociology.

Genre: Law

Renegotiating the Welfare State: Flexible Adjustment through Corporatist Concertation (Routledge Studies in the Political Economy of the Welfare ... by Gerhard Lehmbruch (Routledge) (4 Reviews)    Price verified 11 hours ago

Why have some countries have been more successful in welfare state reform than others? This book examines the experiences of various countries in reforming their welfare states through renegotiations between the state and peak associations of employers and employees. This corporatist concertation has been blamed for bringing about all the ills of the welfare state, but lately corporate institutions have learned from their bad performances, modified their structures and style of operation, and assumed responsibility for welfare state reform. Consensual bargaining is back on the agenda of both policy makers and of social science. This topical volume with its internationally respected panel of contributors will appeal to all those interested in the welfare state and labour relations. It includes chapters focusing on the Netherlands, Austria, Sweden, Denmark, Germany, Switzerland and Ireland as well as a section looking at the role of corporatist concertation in the European Union.

Genre: Law

Deprivation of Liberty in the Shadows of the Institution (Law, Society, Policy) by Lucy Series (14 Reviews)    Price verified 3 hours ago

ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of 'deprivation of liberty' resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as 'detained'. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of 'home' and 'institution' it proposes solutions to the Cheshire West ruling's paradoxical implications.

Genre: Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports by Anneli Albi (T.M.C. Asser Press) (3 Reviews)    Price verified 4 hours ago

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also ...

Genre: Law

Law, Liberty, and the Pursuit of Terrorism by Roger Douglas (University of Michigan Press) (2 Reviews)    Price verified 4 hours ago

Roger Douglas compares responses to terrorism by five liberal democracies -- the United States, the United Kingdom, Canada, Australia, and New Zealand -- over the past 15 years. He examines each nation's development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning. Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government's impingement on civil liberties and that courts ...

Genre: Law

Law as Reproduction and Revolution: An Interconnected History by Bryant G. Garth (University of California Press) (6 Reviews)    Price verified 5 hours ago

A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms -- a US invention -- along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. ...

Genre: Law

Outsourcing Legal Aid in the Nordic Welfare States by Olaf Halvorsen Rønning (Palgrave Macmillan) (3 Reviews)    Price verified 5 hours ago

This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A ...

Genre: Law

Coronavirus Politics: The Comparative Politics and Policy of COVID-19 by Scott L. Greer (University of Michigan Press) (9 Reviews)    Price verified 5 hours ago

COVID-19 is the most significant global crisis of any of our lifetimes. The numbers have been stupefying, whether of infection and mortality, the scale of public health measures, or the economic consequences of shutdown. Coronavirus Politics identifies key threads in the global comparative discussion that continue to shed light on COVID-19 and shape debates about what it means for scholarship in health and comparative politics. Editors Scott L. Greer, Elizabeth J. King, Elize Massard da Fonseca, and André Peralta-Santos bring together over 30 authors versed in politics and the health issues in order to understand the health policy decisions, the public health interventions, the social policy decisions, their interactions, and the reasons. The book's coverage is global, with a wide range of key and exemplary countries, and contains a mixture of comparative, thematic, and templated country studies. All go beyond reporting and monitoring to develop explanations that draw on the authors' ...

Genre: Law

Combatting Illicit Trade on the EU Border: A Comparative Perspective by Celina Nowak (Springer) (1 Review)    Price verified 7 hours ago

This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two "old" EU countries (Germany and Italy). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.

Genre: Law

The Principle of Effective Legal Protection in Administrative Law: A European Perspective by Zoltán Szente (Routledge) (7 Reviews)    Price verified one hour ago

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a ...

Genre: Law

In Defense of Monopoly: How Market Power Fosters Creative Production by Richard B. McKenzie (University of Michigan Press) (1 Review)    Price verified 7 hours ago

In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that ...

Genre: Law

Migration, Gender and Social Justice: Perspectives on Human Insecurity (Hexagon Series on Human and Environmental Security and Peace Book 9) by Thanh-Dam Truong (Springer) (11 Reviews)    Price verified 6 hours ago

This book is the product of a collaborative effort involving partners from Africa, Asia, Europe and Latin America who were funded by the International Development Research Centre Programme on Women and Migration (2006-2011). The International Institute of Social Studies at Erasmus University Rotterdam spearheaded a project intended to distill and refine the research findings, connecting them to broader literatures and interdisciplinary themes. The book examines commonalities and differences in the operation of various structures of power (gender, class, race/ethnicity, generation) and their interactions within the institutional domains of intra-national and especially inter-national migration that produce context-specific forms of social injustice. Additional contributions have been included so as to cover issues of legal liminality and how the social construction of not only femininity but also masculinity affects all migrants and all women. The resulting set of 19 detailed, ...

Genre: Law

The Constitution and Governance in Cameroon (Routledge Studies on Law in Africa) by Laura-Stella E. Enonchong (Routledge) (2 Reviews)    Price verified 2 hours ago

This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon's semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960-1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first ...

Genre: Law

Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution (Studies in the History ... by Ulrike Müßig (Springer) (10 Reviews)    Price verified 5 hours ago

This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the 'religious' affinities of the constitutional preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries ...

Genre: Law

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence (Studies in the History of Law ... by Ulrike Müßig (Springer) (5 Reviews)    Price verified 5 hours ago

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while ...

Genre: Law

Policy-Making Processes and the European Constitution: A Comparative Study of Member States and Accession Countries (Routledge/ECPR Studies in ... by Thomas König (Routledge) (10 Reviews)    Price verified 11 hours ago

This new volume presents a wealth of fresh data documenting and analyzing the different positions taken by governments in the development of the European Constitution. It examines how such decisions have substantial effects on the sovereignty of nation states and on the lives of citizens, independent of the ratification of a constitution. Few efforts have been made to document constitution building in a systematic and comparative manner, including the different steps and stages of this process. This book examines European Constitution-building by tracing the two-level policy formation process from the draft proposal of the European Convention until the Intergovernmental Conference, which finally adopted the document on the Constitution in June 2004. Following a tight comparative framework, it sheds light on reactions to the proposed constitution in the domestic arena of all the actors involved. It includes a chapter on each of the original ten member states and the fifteen accession ...

Genre: Law

Marginality: Addressing the Nexus of Poverty, Exclusion and Ecology by Joachim von Braun (Springer) (8 Reviews)    Price verified 9 hours ago

This book takes a new approach on understanding causes of extreme poverty and promising actions to address it. Its focus is on marginality being a root cause of poverty and deprivation. "Marginality" is the position of people on the edge, preventing their access to resources, freedom of choices, and the development of capabilities. The book is research based with original empirical analyses at local, national, and local scales; book contributors are leaders in their fields and have backgrounds in different disciplines. An important message of the book is that economic and ecological approaches and institutional innovations need to be integrated to overcome marginality. The book will be a valuable source for development scholars and students, actors that design public policies, and for social innovators in the private sector and non-governmental organizations.?

Genre: Law

Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide by Jody Heymann (University of California Press) (7 Reviews)    Price verified 4 hours ago

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's ...

Genre: Law

Mediation in Collective Labor Conflicts (Industrial Relations & Conflict Management) by Martin C. Euwema (Springer) (3 Reviews)    Price verified 7 hours ago

This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in ...

Genre: Law

Taking the EU to Court: Annulment Proceedings and Multilevel Judicial Conflict (Palgrave Studies in European Union Politics) by Christian Adam (Palgrave Macmillan) (3 Reviews)    Price verified 2 hours ago

This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over policy content and decision-making competences. The book covers the motivations of actors to turn policy conflicts into annulment actions, the emergence of multilevel actors' litigant configurations, the impact of actors' constellations on success in court, as well as the impact of annulment actions on the multilevel policy conflicts they originate from.

Genre: Law

Asylum Determination in Europe: Ethnographic Perspectives (Palgrave Socio-Legal Studies) by Nick Gill (Palgrave Macmillan) (1 Review)    Price verified 10 hours ago

Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided. The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process ...

Genre: Law

By Honor Bound: State and Society in Early Modern Russia by Nancy Shields Kollmann (Cornell University Press) (20 Reviews)    Price verified 6 hours ago

In the sixteenth and seventeenth centuries, Russians from all ranks of society were bound together by a culture of honor. Here one of the foremost scholars of early modern Russia explores the intricate and highly stylized codes that made up this culture. Nancy Shields Kollmann describes how these codes were manipulated to construct identity and enforce social norms -- and also to defend against insults, to pursue vendettas, and to unsettle communities. She offers evidence for a new view of the relationship of state and society in the Russian empire, and her richly comparative approach enhances knowledge of statebuilding in premodern Europe. By presenting Muscovite state and society in the context of medieval and early modern Europe, she exposes similarities that blur long-standing distinctions between Russian and European history.Through the prism of honor, Kollmann examines the interaction of the Russian state and its people in regulating social relations and defining an individual's ...

Genre: Law

Loss and Damage from Climate Change: Concepts, Methods and Policy Options (Climate Risk Management, Policy and Governance) by Reinhard Mechler (Springer) (22 Reviews)    Price verified 5 hours ago

This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on ...

Genre: Law

History and Power in the Study of Law: New Directions in Legal Anthropology (The Anthropology of Contemporary Issues) by June Starr (Cornell University Press) (24 Reviews)    Price verified 5 hours ago

Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the 'legal' as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June ...

Genre: Law

Regulatory Pathways For Smart Grid Development in China by Gert Brunekreeft (Springer Vieweg) (4 Reviews)    Price verified 4 hours ago

The study's recommendations describe institutional elements in the context of electric power sector regulation and has the objective to increase the understanding of the interdependencies of the institutional elements. In future work, the study results might be employed for designing very specific regulatory policies. The recommendations developed in this study focus primarily on the regulatory framework for smart grids and contains a quite detailed description of how the German electricity markets evolved. It also focuses on the effects of ambitiously expanding generation capacities of renewable energy sources (RES) on established electricity markets. The presented evidence will provide insights on how the regulatory framework in China could be designed to foster smart grids developments in the context of establishing electricity markets and expanding RES generation capacities.

Genre: Law

Discrimination at Work: Comparing European, French, and American Law by Marie Mercat-Bruns (University of California Press) (5 Reviews)    Price verified 5 hours ago

A free ebook version of this title is available through Luminos, University of California Press's new open access publishing program for monographs. Visit www.luminosoa.org to learn more. Do the United States and France, both post-industrial democracies, differ in their views and laws concerning discrimination? Marie Mercat-Bruns, a Franco-American scholar, examines the differences in how the two countries approach discrimination. Bringing together prominent legal scholars -- including Robert Post, Linda Krieger, Martha Minow, Reva Siegel, Susan Sturm, Richard Ford, and others -- Mercat-Bruns demonstrates how the two nations have adopted divergent strategies. The United States continues, with mixed success at "colorblind" policies, to deal with issues of diversity in university enrollment, class action sex-discrimination lawsuits, and rampant police violence against African American men and women. In France, the country has banned the full-face veil while making efforts to present ...

Genre: Law

Women’s Employment Rights Guide by United States Department of Labor (5 Reviews)    Price verified 11 hours ago

The growing share of women in the workforce has necessitated changes in many of the employment laws that provide workers with certain rights and protections. These laws can often be difficult to understand. In an evolving labor force, it is important for all working women to have and understand the information they need to gain equal and fair access to employment and job advancement opportunities. The Women's Employment Rights Guide presents the major federal laws impacting women who are seeking employment, currently working, facing unemployment, or preparing for retirement. The Guide explains the rights and protections of federal laws, while also offering general information on state and local laws that may apply. In some cases, private sector workers have employment rights that are only provided under state law, such as meal and rest periods and employee access to their work personnel records. Moreover, not every state has such laws.

Genre: Law