Anthropology Public international law Constitutional and administrative law
This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development.
Advancing Sustainability through Land-Related Approaches
Society and Social Sciences Earth Sciences Environment
The aim of this reprint is to immerse the reader in the latest scholarly advancements at the intersections between sustainability science and various land-related sciences (e.g., land system science, landscape ecology, natural resource management, geography, public administration, etc.); furthermore, it aims to illustrate how these fragmented research intersections form a coherent research field with a unique niche for producing actionable sustainability knowledge.
Bing-Bing Zhou, Taiyang Zhong, Yujia Zhang, Ligang Lv, Yuzhu Zang.
MDPI - Multidisciplinary Digital Publishing Institute
African Land Reform Under Economic Liberalisation
This open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting.
Alternative Dispute Resolution in the Western Balkans
Alternative Dispute Resolution (ADR) is increasingly recognized as an attractive alternative to national court proceedings, especially in international business relations. This open access book focuses on ADR mechanisms in one specific geographical region: the Western Balkans. This region comprises Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Kosovo, and Serbia. Although these countries generally have legal frameworks for ADR mechanisms in place, they remain largely underutilised in practice. Promoting ADR mechanisms in the countries of the Western Balkans could make them more attractive to foreign investors, thereby fostering economic growth.
Applicable Law in Investor–StateArbitration
This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
Artificial Intelligence and International Arbitration Law
Commercial law Civil procedure Communications law
The book asks whether the use of Artificial Intelligence (AI) and Generative AI (GenAI) in international arbitration represents a revolution or an evolution of the international dispute resolution landscape. Critically engaging with the transformative impact of the Fourth Industrial Revolution (4IR), this book focuses on the integration of AI and GenAI into international commercial arbitration. Set against the backdrop of rapid technological advancement, it explores how arbitral tribunals and stakeholders are cautiously yet progressively adopting these innovations in a manner that respects and preserves the foundational principles of arbitration.
This is the first edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code. At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan. The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.
This book is the 4th edition of a basic income tax text. It is intended to be a readable text, suitable for a three-hour course for a class comprised of law students with widely different backgrounds. The text integrates several of the CALI drills that Professor James Edward Maule (Villanova University) prepared.
Becoming a climate conscious lawyer: Climate change and the Australian legal system
Overview: As the world grapples with the escalating challenges of climate change, the legal profession finds itself at a crossroads. Becoming a Climate Conscious Lawyer: Climate and the Australian Legal System provides an original, innovative, and accessible analysis of the impact of climate change on legal doctrines and principles. It offers an overview of cutting-edge developments and how the transition to a low-carbon society is reshaping a wide range of laws, from corporate to criminal law, and beyond.
When describing the legal systems and laws of today’s Muslim-majority states in the Middle Eastern and North African region, two categories of laws are identified: one derived from Islamic and one from non-Islamic law. Following this notion, the literature finds that novel legal areas do not have any connection to Islamic law since they were not regulated by classical Islamic law. In contrast, the topic of organ transplantation is inherently connected to Islamic law because Islam considers itself to encompass all aspects of life.
Brexit and the Control of Tobacco Illicit Trade
This book assesses the consequences of Brexit for the control of illicit trade in tobacco products in the UK and EU. Based on the currently applicable legal framework, it examines the significance of a possible non-application of the acquis communautaire in the UK in matters relating to anti-illicit trade in tobacco legislation. It also analyses the modes of future cooperation between the UK and the EU in this area, as well as possible regulatory scenarios and their consequences.
After reading this chapter, you should be able to do the following: 1. Distinguish different philosophies of law—schools of legal thought—and explain their relevance. 2. Identify the various aims that a functioning legal system can serve. 3. Explain how politics and law are related. 4. Identify the sources of law and which laws have priority over other laws. 5. Understand some basic differences between the US legal system and other legal systems.
Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions.
Mirande Valbrune, Renee De Assis, Suzanne Cardell
Business Law, Ethics, and Sustainability
Business Law, Ethics, and Sustainability is a textbook for undergraduate law courses. It covers business law topics such as contracts, business organizations, employment law, and torts, as well as a general survey of American law. Additional topics include Constitutional law, civil rights, environmental law, criminal law, and litigation.
Business, Human Rights and Natural Resource Governance
Natural resources law Human rights, Comparative law
This open access book examines the role played by international, regional and national legal frameworks in holding corporations operating in the natural resource sector accountable for human rights violations in the Global South. Influential scholars from across the world address pressing issues concerning the integration of business and human rights standards for better governance of natural resources. They focus particularly on extractive and multinational companies in the Global South and their role in the transition to net zero societies.
Ricardo Pereira, Annalisa Savaresi, Lee McConnell
Law and society Public international law
This open access book explores how legal proceedings in and out-of-court can be matched to the complex problems underlying disputes concerning child custody, residence and contact between parents. It focusses in particular on Nordic experiences of in and out-of-court mechanisms as means of resolving custody disputes.
Children’s Voices, Family Disputes and Child-Inclusive Mediation
Recent legislative changes in England and Wales have eroded children’s ability to exercise their article 12 UNCRC rights to information, consultation and representation when parents separate. However, children’s voices may be heard through child-inclusive mediation (CIM). Considered from a children’s rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children’s wellbeing and agency.
Crime and criminology Social and cultural anthropology Law
This book draws on Rohingya oral histories and narratives about Myanmar’s genocide and ID schemes to critique prevailing international approaches to legal identities and statelessness. By centring the narratives of survivors of state crimes, collected in the aftermath of the 2017 genocidal violence, this book examines the multiple uses of state-issued ID cards and registration documents in producing statelessness and facilitating genocide. In doing so, it challenges some of the international solutions put forward to resolve statelessness.
This chapter covers the Civil Procedure topic of Pleading: The Plaintiff‘s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. Faculty materials available: This eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these faculty-only materials by logging in to eLangdell with their normal cali.org username and password. Contact CALI if you have questions. This chapter covers the Civil Procedure topic of Pleading: The Plaintiff’s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. There are two accompanying files available only to faculty who are registered at cali.org (registration is free for faculty at CALI member schools): a Teaching Manual and a Supplemental Material document. The Supplemental Material should be distributed to students at the appropriate point in the unit. Please see the Teaching Manual for details.
This volume focuses on the constitutional doctrine and law in the areas of civil rights and liberties. It contains excerpts of landmark cases covering the first amendment, second amendment, fourteenth amendment and the right to privacy. The excerpts include the constitutional issues in these cases that are related to civil rights and liberties with other questions of law and dicta omitted. Data dashboard
Combining the Legal and the Social in Sociology of Law
This open access book pays homage to Reza Banakar, who passed away in August 2020, exploring the many different areas of socio-legal research that he worked on and influenced. It begins with a summary of his career and explains how he sparked a debate on the identity and aims of legal sociology
Composition Analysis of Writing Materials in Cairo Genizah Documents
For the first time, a monograph provides a systematic, in-depth account of contract interpretation in investment treaty arbitration and offers a conceptual paradigm that would enhance the quality of the tribunals’ reasoning.; Readership: The monograph is of relevance for legal scholars, practitioners and policymakers in the field of investment treaty arbitration. The book will also be of additional value to postgraduate and doctoral students.
This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Contemporary Issues in Human Rights Law: Europe and Asia
his book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another.
Contract Doctrine, Theory & Practice - Volume 1
This is the first in a series of Contracts casebooks. It was originally titled "Collaborative Teaching Materials for Contracts." The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
Contract Doctrine, Theory & Practice - Volume 2
This is Volume 2 in a three volume series written for Contracts Law. Its orginal title was "Collaborative Teaching Materials for Contracts." The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
Contract Doctrine, Theory & Practice - Volume 3
This is Volume 3 in a three volume series written for Contracts Law. Its former title is "Collaborative Teaching Materials for Contracts." The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
Corruption and Illegality in Asian Investment Arbitration
This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration.
Nobumichi Teramura (editor), Luke Nottage (editor)
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability.
Bertus de Villiers, Saldi Isra, Pan Mohamad Faiz
Criminal Law begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the Constitution, and the Model Penal Code as guidelines. Although it is neither possible nor desirable to discuss every criminal law, this textbook provides a basic yet thorough overview of the American criminal justice system. After completing Criminal Law, you will be familiar with the nature and sources of law, the court system, the adversarial process, the most prominent crimes, and accompanying criminal defenses.
This volume offers a series of short and highly self-reflective essays by leading international lawyers on how global crises inform the functioning and theorizing of international law as well as how international law addresses global crises.; Readership: This book is of immediate interest to a readership of both scholars and practitioners, International lawyers, including scholars, practitionners, PhD students, postgraduate students and International Relations scholars
Mbengue, Makane Moïse (editor) D'Aspremont, Jean (editor)
Decoding Marine Genetic Resource Governance Under the BBNJ Agreement
Public international law Environment Environmental management
This open access book provides practical guidance for understanding the new treaty adopted in June 2023 that will change the way biodiversity is governed in about two thirds of the oceans known as areas beyond national jurisdiction (ABNJ). The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction is an achievement for global cooperation in conservation, sustainability and equity. The treaty provisions in Part II on Marine Genetic Resource (MGR) governance were the most contentious element of negotiations, resulting in significant innovation and compromise.
Discrimination at Work : Comparing European, French, and American Law
How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examines hot-button issues such as racial and religious bias, sexual harassment, gender discrimination, and equality for LGBT individuals, highlighting comparisons that will further discussions on social equality and fundamental human rights across borders. “Mercat-Bruns makes original use of comparative law to shed new light on the issue of discrimination at work. In addition to reviewing the literature, she enters into a rich dialogue with American experts about their core findings. This book makes a fascinating and useful contribution to one of today’s most pressing issues
Domestic Courts and the Interpretation of International Law
In Domestic Courts and the Interpretation of International Law, Odile Ammann examines the methodology and reasoning which domestic courts, including Swiss courts, use to interpret international law. She argues that interpretative methods must be taken more seriously in international law. Readership: Domestic judges, academics working on international law, legal theory, and judicial reasoning, academic libraries, advocates, public servants, diplomats, students, and laypersons interested in the relationship between domestic and international law.
This open access book explores the rise of ecological jurisprudence, a transformative legal theory that challenges traditional legal boundaries. Drawing on over 15 years of research and teaching, the book offers a comprehensive theoretical exploration of this new approach to law, via a comprehensive examination of a wide range of initiatives from around the world, as well as a deep theoretical engagement with the implications of this novel legal theory.
This remixed Open Educational Resource textbook provides an exploration of educational learning theories. The chapters include scenarios that center the learning theories on student experiences.
Jennifer Margolis, Sam May-Varas, Tanya Mead
Technological innovation continues to challenge and redefine the foundations of legal theory, policy, and practice. This volume presents a collection of rigorous scholarly contributions examining the multifaceted intersections between emerging technologies and the law. It offers an adaptive conceptualization of artificial intelligence within regulatory and ethical frameworks and explores the transformative potential of the EU AI Act on autonomous maritime navigation.
Esther Salmerón-Manzano, Francisco Manzano Agugliaro
Enhancing Inclusion, Diversity, Equity and Accessibility (IDEA) in Open Educational Resources (OER)
This practical guide provides a framework and tips to enhance inclusion, diversity, equity, and accessibility in Open Educational Resources.
This book presents the original works of Environmental Justice students from Linn-Benton Community College. Students select and design projects based on their experiences and interests to contribute to this living anthology each term. The goal of this publication is to increase the impact of student scholarship, research, creativity, and activism to work for environmental and social justice in our communities. These openly-licensed works span multiple formats and genres based on student interest.
Environmental management Agricultural science Environment law
This book compiles, discusses, and explains the key concepts in land politics in an easy-to-navigate A–Z format. This book takes a broad view on land, across the rural and urban corridor, and advocates for a holistic view of the politics of land, as an aggregation of land and global social life, that is, the politics of food, climate, labour, citizenship, and geopolitics. The authors have curated a wide-ranging list of 67 key terms most commonly used in the field, with each entry mapping out an important concept or idea and illustrating how it relates more broadly across this growing discipline.
.Saturnino M. Borras Jr Jennifer C. Franco
What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics.
In this book, you will examine the moral and ethical issues that exist within law enforcement. This book will also familiarize you with the basic history, principles, and theories of ethics. These concepts will then be applied to the major components of the criminal justice system: policing, the courts, and corrections. Discussion will focus on personal values, individual responsibility, decision making, discretion, and the structure of accountability. Specific topics covered will include core values, codes of conduct, ethical dilemmas, organizational consequences, liability, and the importance of critical thinking. By the end of this book, you will be able to distinguish and critically debate contemporary ethical issues in law enforcement.
The purpose of this text is quite simple. It fits my teaching needs and in doing so, I assert that it too may fit your needs. I offer this script in whole or part for your use and would encourage peer feedback. I have written this from the lens of a Criminal Justice practitioner for nearly forty years. My career began in the early 1970’s until 2010. As one can imagine, the ethical significance of each member of a CJ system is critical. I further assert that albeit this was written for self-serving interests to teach in the CJ discipline, I strongly believe that it remains sufficiently generic that it can fit in many other disciplines that ccompanies professor imagination splicing your inventive juices.
In order to appreciate the ethical complications in which tax lawyers often find themselves, it is essential to appreciate and understand the greater contexts of legal ethics and the tax system. While it is important to begin with this more general discussion of ethics and tax lawyers, it may also be useful to re-read this section after finishing this chapter – to get a view of the forest after inspecting some of the trees.
The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice.
The Best Evidence Rule, contained in Article X of the Federal Rules of Evidence (Rules 1001-1008) and state counterparts, is a Rule that requires a party seeking to prove the contents of a writing, recording, or photograph to produce the original (or a duplicate) or account for its nonproduction. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Best Evidence Rule issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI.
The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.
Evolving the common agricultural policy for tomorrow's challenges
Environmental policy and protocols Agricultural law
As in other parts of the world, agriculture in Europe is not sustainable. It must urgently and importantly evolve. The Common Agricultural Policy (CAP) must foster this evolution. In that perspective, this book draws the contours of an ambitious CAP that would facilitate the necessary agro-ecological transition of agricultural systems in the European Union. The book is divided into three parts. The economic aspects are the subject of the first part. The climate, environmental and health dimensions are addressed in the second part. The third part deals with rural development and innovation. With the exception of the first chapter, which provides a brief history of the CAP, the different chapters are organized according to the same structure. They begin with a description of the issue; they continue with a critical presentation of how the issue has been considered within the CAP to date and, if relevant, in other public policies; they finally propose policy recommendations to better address the issue. Each chapter can be read independently.
Mauguin, Philippe, Détang-Dessendre, Cécile Guyomard, Hervé (editor)
Public international law Environmental Science
This book offers a range of scholarly approaches to environmental violence, including law, social and environmental science, engineering, as well as from the arts and humanities. Presenting various cultural perspectives from around the world, it is indispensable reading for researchers and policymakers in environmental policy and peacebuilding.
Richard A. Marcantonio, John Paul Lederach, Agustín Fuentes
Extended Readings on Copyright is subject to a non-commercial Create Commons license that allows you to add, subtract, and amend as you see fit, provided you extend those terms to any derivative work based on these materials and provided your provide appropriate attribution. I encourage you to share your edits and additions with me, but it is not obligatory.Extended Readings on Copyright can be used as a stand alone textbook on United States copyright law. The individual chapters are available on this website, and these can be used to supplement other materials. Individual chapters are likely to be more up to date than the consolidated build of the book.
Fair and Equitable Benefit-sharing in International Law
equity international environmental law international human rights law
Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that remains perplexing with regard to its general nature, extent, content, and implications. The continued proliferation of benefit-sharing clauses in international law can in effect be explained by its intuitive appeal as an optimistic frame.
The Bankruptcy Rules and Forms govern procedure in cases under title 11 of the United States Code. The rules shall be cited as the Federal Rules of Bankruptcy Procedure and the forms as the Official Bankruptcy Forms. These rules shall be construed to secure the just, speedy, and inexpensive determination of every case and proceeding. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991.) Notes of Advisory Committee on Rules—1983 Section 247 of Public Law 95–598, 92 Stat. 2549 amended 28 U.S.C. §2075 by omitting the last sentence. The effect of the amendment is to require that procedural rules promulgated pursuant to 28 U.S.C. §2075 be consistent with the bankruptcy statute, both titles 11 and 28 U.S.C.
These are the Federal Rules of Civil Procedure (FRCP) as amended to December 01, 2016. The FRCP govern civil proceedings in the United States district courts and are often the foundation for the standard 1L law school course, Civil Procedure.
Legal Information Institute at Cornell Law School
This publication contains the Federal Rules of Civil Procedure as amended to December 1, 2014. These materials have been complied by the Legal Information Institute at the Cornell Law School (LII) and published by the Center for Computer-Assisted Legal Information (CALI). This material does not contain, nor is it intended to be, legal advice. Users seeking legal advice should consult with a licensed attorney in their jurisdiction. The editors have endeavored to provide complete and accurate information in this book. However, neither LII nor CALI warrant that the information provided is complete and accurate. Both disclaim all liability to any person for any loss caused by errors or omissions in this collection of information. Neither LII nor CALI assert copyright in U.S. Government works, but we do claim copyright in markup, navigation apparatus, and other value-added features of electronic editions of government publications.
Legal Information Institute at Cornell Law Schoo
These are the Federal Rules of Evidence (FRE) as effective December 01, 2016. The FRE govern the introduction of evidence in civil and criminal trials in United States federal courts. These Rules are often the foundation for the standard upper level law school course in Evidence.
Financial Crime and the Office of the European Public Prosecutor
Law and society, Criminal justice law, Criminal law
This book examines the realities of the functioning of the European Public Prosecutor’s Office (EPPO) along with the actual cooperation with other stakeholders in the EU and in the Member States. The protection of financial interests of the European Union is a Treaty obligation bearing equally on the Member States and the Union itself. In order to increase the effectiveness of the investigations and prosecutions in those areas falling under the PIF Directive, using enhanced cooperation provisions, 22 Member States established the office of The European Public Prosecutor, which came into operation in 2021.
Foundations of Business Law and Legal Environment
Mayer, Warner, Siedel and Lieberman's Foundations of Business Law and the Legal Environment is an up-to-date textbook with comprehensive coverage of legal and regulatory issues for your introductory Legal Environment or Business Law course. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with which they are already familiar with their clear, concise and readable style. Business Law and the Legal Environment provides students with context and essential concepts across a broad range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal savvy necessary for business people to talk in an educated way to their customers, employees, suppliers, government officials — and to their own lawyers.
The open access book combines insights from policy sciences (backgrounds of cross-border coordination challenges), design science (development of architectures for mobile services), information ethics (privacy and security of e-government services in international arenas) and business studies (changes in existing business models).
Global Perspectives in Forensic Psychiatry
Criminal or forensic psychology Psychotherapy Crime and criminology
Global Perspectives in Forensic Psychiatry: International Approaches to Practice, Policies, and the Law is an essential guide to understanding the international landscape of forensic mental health systems. This book presents global perspectives in forensic psychiatry and research, highlighting how national contexts and legal frameworks shape mental health care systems across multiple continents. Contributors from over 25 countries describe national approaches to the assessment, treatment, and management of justice-involved individuals with mental disorders.
Gary Chaimowitz, Mini Mamak, Heather Moulden, Drew Kingston
Drawing upon law, history, and social science, this book is a close investigation of an important yet neglected area of constitutional law: the state police power and its function in regulatory governance in the US It is a major contribution to state constitutional law literature and contemporary regulatory policy.
Government Regulation and the Legal Environment of Business
Our goal is to provide students with a textbook that is up to date and comprehensive in its coverage of legal and regulatory issues—and organized to permit instructors to tailor the materials to their particular approach. This book engages students by relating law to everyday events with which they are already familiar (or with which they are familiarizing themselves in other business courses) and by its clear, concise, and readable style. (An earlier business law text by authors Lieberman and Siedel was hailed “the best written text in a very crowded field.”) This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers.
Human Trafficking and Sexual Exploitation around the World
Sex work is often called the oldest profession in the world. It manifests itself in a plethora of forms. A move to private locations is now taking place: contacts are established via the Internet and meetings take place at appointed places. This makes it more difficult to monitor forced work, and exploitation therefore risks remaining undetected.
Marijke Malsch (editor) Janine Janssen (editor)
Human–Robot Interaction in Law and Its Narratives
Robots are with us, but law and legal systems are not ready. This book identifies the issues posed by human-robot interactions in substantive law, procedural law, and law's narratives, and suggests how to address them. This title is Open Access.
Sabine Gless (editor) Helena Whalen-Bridge (editor)
Humanitarian Protection for Prisoners of War and Refugees in the Long Aftermath of the First World War
Humanitarian law, Public international law
At the end of WWI, millions of prisoners of war and civilians were displaced across Europe, the South Caucasus, and the Eastern Mediterranean. While many made their way home, genocide, revolution, and post-war instability delayed the repatriation of prisoners of war from Russia and the Central Powers, while Russian and Armenian refugees were forced into exile. In response to the inconsistent efforts of governments, a series of international organizations intervened.
Imagining Law: Essays in Conversation with Judith Gardam
By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
Intellectual Property: Law & the Information Society
This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's rulings on gene patents.
This book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights.
Angela Di Stasi (editor) Ida Caracciolo (editor)
International Trade Law and Global Data Governance
Public international law Communications law
This open access book examines how international trade agreements apply to domestic regulations on cross-border data flows and then proposes a multilayered framework to align international trade law with evolving norms and practices in global data governance. Digital trade and global data governance are at a unique crossroads, raising significant policy challenges. The book focuses on five policy areas at the interface of digital trade and global data governance: privacy, cybersecurity, governmental access to data, data divide, and competition. In five separate chapters, the book analyses how different types of domestic laws in each of these policy areas interface with existing provisions in international trade law.
This electronic publication was conceived in the summer of 1992. A small band of Cornell Law students, charged with identifying subjects on which computer-based materials would be particularly helpful, placed citation at the top of the list. With their assistance I prepared the first edition of Introduction to Basic Legal Citation. It was released on diskette that fall, one of the first hypertext publications of Cornell's Legal Information Institute (LII). Later reconfigured for the Web, where it still resides at: http://www.law.cornell.edu/citation/, the work has been updated regularly in the years since. Like that online version on which it is based, this e-book was most recently revised in the fall of 2013. As has been true of all editions released since 2010, it is indexed to the fourth edition of the ALWD Citation Manual and the nineteenth edition of The Bluebook. But it also rests firmly on the evolving practice of judges writing opinions and lawyers writing briefs.
Introduction to Criminal Investigation: Processes, Practices and Thinking
Introduction to Criminal Investigation, Processes, Practices, and Thinking is a teaching text designed to assist the student in developing their own structured mental map of processes, practices, and thinking to conduct criminal investigations. Delineating criminal investigation into operational descriptors of tactical-response and strategic response while using illustrations of task-skills and thinking-skills, the reader is guided into structured thinking practices. Using the graphic tools of a “Response Transition Matrix”, an “Investigative Funnel”, and the “STAIR Tool”, the reader is shown how to form their own mental map of investigative thinking that can later be articulated in support of forming their reasonable grounds to believe. Chapter 1 introduces criminal investigation as both a task process and a thinking process. This chapter outlines these concepts, rules, and processes with the goal of providing practical tools to ensure successful investigative processes and practices. Most importantly, this book informs the reader how to approach the investigative process using “investigative thinking.” Chapter 2 illustrates investigation by establishing an understanding of the operational forum in which it occurs. That forum is the criminal justice system and in particular, the court system. The investigative process exists within the statutory rules of law, including the Canadian Charter of Rights and Freedoms, and case law rulings adjudicated by the courts. Considering the existence of these conditions, obligations, and case law rules, there are many terms and concepts that an investigator needs to understand to function appropriately and effectively within the criminal justice system. The purpose of this chapter is to introduce some of the basic legal parameters and concepts of criminal justice within which the criminal investigation process takes place. Chapter 3 describes the functions and terms of “evidence”, as they relate to investigation. This speaks to a wide range of information sources that might eventually inform the court to prove or disprove points at issue before the trier of fact. Sources of evidence can include anything from the observations of witnesses to the examination and analysis of physical objects. It can even include the spatial relationships between people, places, and objects within the timeline of events. From the various forms of evidence, the court can draw inferences and reach conclusions to determine if a charge has been proven beyond a reasonable doubt. Considering the critical nature of evidence within the court system, there are a wide variety of definitions and protocols that have evolved to direct the way evidence is defined for consideration by the court. In this chapter, we look at some of the key definitions and protocols that an investigator should understand to carry out the investigative process. Chapter 4 breaks investigation down into logical steps, establishing a progression that can be followed and repeated to reach the desired results. The process of investigation can be effectively explained and learned in this manner. In this chapter the reader is introduced to various issues in the progression that relate to the process of investigation. Chapter 5 examines the operational processes of investigation. In this chapter we introduce the three big investigative errors along with graphic illustrations of “The Investigative Funnel” and the “S T A I R Tool” to illustrate how each of these concepts in the investigative progression. Chapter 6 provides the reader the opportunity to work through some investigative scenarios using the S T A I R Tool. These scenarios demonstrate the investigative awareness required to transition from the tactical investigative response to the strategic investigative response. Once in the strategic response mode the reader is challenged to practice applying theory development to conduct analysis of the evidence and information to create an investigative plan. This chapter presents two investigative scenarios each designed to illustrate different steps of the S T A I R tool allowing the student to recognize both the tactical and the strategic investigative responses and the implications of transitioning from the tactical to the strategic response. Chapter 7 illustrates the investigative practices of witness management. Witness statements will assist the investigator in forming reasonable grounds to lay a charge, and will assist the court in reaching a decision that the charge against an accused person has been proved beyond a reasonable doubt. It is important for an investigator to understand these practices as they allow an investigator to evaluate witnesses and collect witness evidence that will be acceptable to the courts. Chapter 8 describes crime scene management skills. These skills are an extremely significant task component of investigation because evidence that originates at the crime scene will provide a picture of events for the court to consider in its deliberations. That picture will be composed of witness testimony, crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the analysis of the crime scene itself. From this chapter, the reader will learn the task processes and protocols for several important issues in crime scene management. Chapter 9 examines the interviewing, questioning, and interrogation techniques police use to aid them in investigations. The courts expect police to exercise high standards using practices that focus on the rights of the accused person, and minimize any physical or mental anguish that might cause a false confession. In meeting these expectations, the challenges of suspect questioning and interrogation can be complex, and many police agencies have trained interrogators and polygraph operators who undertake the interrogation of suspects for major criminal cases. But not every investigation qualifies as a major case, and frontline police investigators are challenged to undertake the tasks of interviewing, questioning, and interrogating possible suspects daily. The challenge for police is that the questioning of a suspect and the subsequent confession can be compromised by flawed interviewing, questioning, or interrogation practices. Understanding the correct processes and the legal parameters can make the difference between having a suspect’s confession accepted as evidence by the court or not. Chapter 10 examines various forensic sciences and the application of forensic sciences as practical tools to assist police in conducting investigations. As we noted in Chapter 1, it is not necessary for an investigator to be an expert in any of the forensic sciences; however, it is important to have a sound understanding of forensic tools to call upon appropriate experts to deploy the correct tools when required. Chapter 11 summarizes the learning objectives of this text and suggests investigative learning topics for the reader going forward. Many topics relative to investigative practices have not been covered here as part of the core knowledge requirements for a new investigator. These topics include: Major Case Management Informant and confidential source management Undercover investigations Specialized team investigations
Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers.
Introduction to the American Criminal Justice System
here is a dearth of OER textbooks in Criminology and Criminal Justice, which made creating this textbook all the more exciting. At times we faced challenges about what or how much to cover, but our primary goal was to make sure this book was as in-depth as the two textbooks we were currently using for our CCJ 230 introduction course. The only way we were willing to undertake this project as if it was as good, or better than the current books students read. We have had very positive feedback about the required textbooks in the course but consistently heard how expensive the books were to buy. We also needed to ensure we met the learning outcomes outlined by SOU for a general education course, as well as the state of Oregon, to make sure this textbook helps students meet those outcomes.
Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez
Introduction to the Law of Property, Estate Planning and Insurance
Introduction to the Law of Property, Estate Planning and Insurance is an up-to-date textbook that covers legal issues that students must understand relating to real estate (an especially important business asset), as well as estate planning and insurance. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Introduction to the Law of Property, Estate Planning and Insurance provides students with context and essential legal concepts relating to property rights and duties, estate planning, insurance, secured transactions, mortgages, and related topics. The text provides the vocabulary and legal savvy they will need when working with these concepts, which are critical to business planning and success.
Ethics and moral philosophy Islam Medical research
This open access book offers unique insights into the key ethical issues faced by practitioners and discussed by ethicists in the field of genomics and incidental findings, with a focus on the Islamic moral tradition. Embark on an enlightening exploration of key ethical challenges in genomics and incidental findings, uniquely tailored to the context of the Muslim Arab world. Following the regional scientific leap in genomic infrastructure, this study provides a timely response to the need for a solid evidence base that pairs scientific research with cutting-edge research in Islamic ethics.
Japan's Territory under International Law
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands.
Masaharu Yanagihara (editor), Atsuko Kanehara (editor)
Khazanah Pernaskahan Nusantara: Rekam Jejak dan Perkembangan Kontemporer
Khazanah pernaskahan Nusantara adalah harta karun intelektual yang mencatat warisan budaya dan sejarah masyarakat Nusantara. Naskah-naskah Nusantara yang berupa manuskrip atau naskah kuno tersebut mengandung kekayaan informasi yang melimpah, mencakup berbagai aspek kehidupan, mulai dari sastra, agama, hingga ilmu pengetahuan yang menjadi saksi bisu sejarah dan budaya masyarakat Nusantara. Isinya tidak terbatas pada kesusastraan belaka, melainkan juga berbagai bidang lain seperti agama, sejarah, hukum, adat, obat-obatan, teknik, dan lain-lain.
This text explores the laws governing the use of land. Sometimes narrowly focused, often intensely local, land use regulation may give the impression of a highly specialized field with small stakes. The text is divided into three parts: First, we will survey the ordinary, local administrative scheme of land use regulation. The cases in this section are intended to establish what that system is and what it’s standards are. In the second part of the course, we will turn our attention to cases illustrating litigation attacks on the ordinary administrative scheme. The purpose here is not, as it was in the first part, to understand better the standards the administrators should apply, but to understand the constraints imposed on the contents of local laws, the procedures of enactment and permitting, and the composition of local lawmaking bodies. In the third part, we focus on the distributive concerns raised by land use regulation. The regulatory takings doctrine has gone from, literally, nothing, to wrestling to disentangle distributive concerns from substantive ones, to trying to craft either rules or standards to identify regulations that go “too far” and should be considered “takings” within the meaning of the Fifth Amendment. We will consider what the doctrine’s purposes are, how it should be governed, and how it should be invoked as a procedural matter.
Why would one need an attorney? Perhaps you are buying or selling a house. Or, you are getting married and want a will. You may be starting a new business or have had difficulty with a contractor and need assistance in pursing your grievance. You may be a landlord and need to evict a tenant, or you may be a tenant and your landlord is violating your lease. You may have gotten a speeding ticket or been charged with a DWI or some other crime. In these, and many other circumstances, you may need the assistance and counsel of an attorney. So, who are attorneys, how does one become an attorney, what is his/her role, and how would you choose and work with one?
Law for Entrepreneurs is an up-to-date textbook that covers the broad spectrum of legal issues that entrepreneurs must understand when starting and running a business. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Law for Entrepreneurs provides students with context and essential legal concepts relating to contracts, product liability, intellectual property, insurance, agency law, partnerships, corporations, and employment law. The text provides the vocabulary and legal savvy that entrepreneurs need to talk in an educated way to customers, suppliers, employees, creditors, shareholders, government regulators and other stakeholders — and to their own lawyers.
Law of Commercial Transactions is an up-to-date textbook that covers legal issues that students who engage in commercial transactions must understand. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Law of Commercial Transactions provides students with context and essential legal concepts relating to key commercial transactions topics: contracts, sales, commercial paper, debtors and creditors. The text provides the vocabulary and legal savvy students will need to talk in an educated way to customers, suppliers, creditors, government regulators and other stakeholders — and to their own lawyers.
The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world. The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law. The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person’s ability to control the disposition of his or her property after death. This serves as the students’ first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on the will. Two chapters in this part highlight the ways that the testator’s ability to execute a valid will may questioned. The final chapters in this unit show the issues that can be raised to dispute the validity of the will. They also explain the different types of wills that are available. The final part of the book deals with non-probate transfers. These chapters are included to show students the other devises that people can use to distribute their property. That knowledge is important because the majority of people use these procedures to transfer their property. At the end of the semester, my students have to draft a will based upon a fact pattern that I give them. I intentionally include non-probate property in order to see if they will attempt to distribute that using the will.
This book presents new socio-legal perspectives and insights on the social life of corruption and anticorruption in authoritarian regimes. This book takes up the case of Uzbekistan—an authoritarian regime in Central Asia and one of the most corrupt countries in the world according to Transparency International’s Corruption Perceptions Index—and examines the corruption that developed in a tightly closed authoritarian regime permeated by a large-
Healthcare, a field dedicated to the well-being of individuals and communities, operates within an intricate web of legal principles. Understanding these laws is not simply a professional necessity for doctors, nurses, administrators, and researchers; it’s also an ethical imperative for anyone who interacts with the healthcare system. This book is your compass, guiding you through the labyrinth of legal fundamentals that shape the landscape of healthcare.
Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice
Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it.
Mirage of Police Reform : Procedural Justice and Police Legitimacy
n the United States, the exercise of police authority—and the public’s trust that police authority is used properly—is a recurring concern. Contemporary prescriptions for police reform hold that the public would trust the police more and feel a greater obligation to comply and cooperate if police-citizen interactions were marked by higher levels of procedural justice by police. In this book, Robert E. Worden and Sarah J. McLean argue that the procedural justice model of reform is a mirage. From a distance, procedural justice seems to offer relief from strained police-community relations. But a closer look at police organizations and police-citizen interactions shows that the relief offered by such reform is, in fact, illusory. A procedural justice model of policing is likely to be only loosely coupled with police practice, despite the best intentions, and improvements in procedural justice on the part of police are unlikely to result in corresponding improvements in citizens’ perceptions of procedural justice.
Natural-Hazards Risk Assessment for Disaster Mitigation
Technology: general issues History of engineering and technology Natural disasters
Knowledge and awareness of the risks generated by natural hazards are essential requirements for the enhancement of communities' resilience to disasters. United Nations directives have recently pointed out the necessity of undertaking actions aimed at anticipating, managing, and mitigating disaster risks to reduce their economic and social impact and protect the health, socioeconomic assets, cultural heritage, and ecosystems of communities and countries. While the increasing occurrence of disasters caused by meteorological events, such as floods, storms, and droughts, can be directly ascribed to the consequence of climate change, disasters induced by earthquakes and tsunamis are increasing even if their frequency of occurrence is historically unchanged.
Ökologische Transformation von Gesellschaft und Recht
Jurisprudence and general issues Methods, theory and philosophy of law Law and society, sociology of law Law and society, gender issues Legal ethics and professional conduct Law: Human rights and civil liberties Constitutional and administrative law: general Animal law Environment law
Der gegenwärtige Klimawandel ist menschengemacht. Bei allem Erschrecken darüber birgt diese Erkenntnis jedoch den Ansatz zur Bewältigung der Krise: Was von Menschen gemacht ist, kann der Mensch auch ändern. Die Ursachen des Klimawandels sind eng verknüpft mit dem Ressourcenverbrauch einer einseitig wachstumsorientierten Wirtschaftsweise und der ihr korrespondierenden gesellschaftlichen Mentalität. Sie fordern uns heraus, die Strukturen, die unserer Rechtsordnung zu Grunde liegen, neu zu denken. "Climate Justice" lässt sich aus verschiedenen Perspektiven angehen. In unserer Gesellschaft dominiert eine anthropozentrische Sichtweise, der sich in verschiedenen Spielarten physiozentrische Positionen entgegen stellen.
Open Content Licensing : from Theory to Practice
Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.
This volume is a call to embrace the power of positionality, telling a new history of law and society through the experiences of successful scholars from populations that academia has historically marginalized. Experts record their positionalities across their research and document what they learned about the law in the process.
Lynette J. Chua (editor) Mark Fathi Massoud (editor)
Overriding Mandatory Rules in International Commercial Disputes
International law International commercial
This open access book analyses how to identify and treat overriding mandatory rules in international commercial litigation and arbitration from a Korean and comparative law perspective. In addition to providing a deeper understanding of the concept of overriding mandatory rules and setting out standards and factors to identify such rules, the book provides a solution to the problems that third-country mandatory provisions pose in international commercial disputes.
Perspectives and Insights on Soil Contamination and Effective Remediation Techniques
Weathering of rocks and subsequent enrichment of organic matter contribute to soil formation, but soil contaminants can arise from diverse sources, such as industrial activities, agricultural practices, and improper waste disposal. These pollutants may include radioactive materials, petroleum products, heavy metals, and pesticides. To restore soil quality, the harmful effects of these contaminants must be reduced through effective remediation approaches.
Perspectives on theology of religions Modify
In the public theology discourse, the concept ‘public square’ has become significant. In today’s multicultural and globalised world it is inevitable that people with different religious affiliations will encounter one another in the public square. ‘Public theology’ cannot but become ‘theology of religions’. Scholars in the field of religion studies are compelled to reflect theologically on the relevance of religiosity in the postmodern secular world. The term ‘theology of religions’ refers to the academic inquiry into the relationship between religions. The collected essays constitute such an inquiry. In the end, it is not so much about the encounter of religions, but rather of people. Religion is no longer regarded as a monolithic body of beliefs and practices. The authors concede that the concept ‘religion’ is too fluid to be delineated precisely. The book’s approach to the relationship between religions, i.e. ‘theology of religions’, reflects how the authors understand the origin and nature of religion (a ‘theology of religion’ in the singular). This book focuses more on ‘theology of religions’ (plural) than on ‘theology of religion’ (singular). The main objective of the book is to present a variety of perspectives on how theology of religions manifested in different contexts. This includes historical (i.e. Luther’s theology of religions and the Roman Catholic position on other religions as taken by Vatican II) as well as cultural and religious perspectives. In the first chapter, the editor gives a brief overview of the development of the discipline of theology of religions. The postmodern era is characterised by an almost non-foundational approach. The second chapter traces the development of the discipline in the Roman Catholic tradition in particular. This contribution is based on the insights of P.J. van der Merwe (1944–2014), who as researcher and Head of the Department of Science of Religion and Missiology at the University of Pretoria, developed a specific theological position on non-Christian religions. A whole generation of theologians was trained in this school of thought. He passed away in 2014 and this publication pays tribute to his life’s work on religions and their relations. The contributions that follow are the culmination of the research of postgraduate students at the University of Pretoria. The third chapter presents a perspective on the Reformation, with a particular focus on Martin Luther. In this year of the quincentenary anniversary of the Reformation the legacy of Reformed belief is highlighted. The fourth chapter describes the relationship between Christianity and Islam from the perspective of a willingness to embrace. The fifth chapter analyses the relation between Christianity, Judaism and Islam from the perspective of intergroup threat theory. A model for theology of religions in a South African context is developed in the sixth and final chapter. This scholarly book pays tribute to the academic contribution of P.J. van der Merwe, mentor of the authors of these multifaceted reflections on theology of religions. The target audience is specialists in the field of religion studies. The distinctive contribution of the book is the innovative perspectives on the relationship between Islam and Christianity in both the Roman Catholic and Protestant contexts.
Principles and Procedures of the Justice System
Ernesto Miranda (D) was convicted for kidnapping, rape, and robbery by the Arizona criminal courts. D appealed to the Arizona Supreme Court but the conviction was sustained. The U.S. Supreme Court granted certiorari to determine the role police have in protecting the rights of the accused from issues arising in four different cases (Miranda v. Arizona; Vignera v. New York; Westover v. United Stated; and California v. Stewart).
This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions.
Protecting the Rights of People with Autism in the Fields of Education and Employment
Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields.
Protecting the Rights of People with Autism in the Fields of Education and Employment: International, European and National Perspectives
Public Justice and the Criminal Trial in Late Medieval Italy
This book examines the administration of justice in the small northern Italian town of Reggio Emilia at the end of the fourteenth century. Through an examination of material from the judicial archives from the period 1371-1409, this study investigates the development of public justice, inquisition procedure, and dispute resolution in late medieval Reggio Emilia, also incorporating comparative material, especially archival material from Bologna at the end of the fourteenth century. This study seeks to add to the discussion on dispute resolution and court processes in late medieval Europe, moving the discussion outside the major urban centers of late medieval Italy to the periphery of urban life. This title was made Open Access by libraries from around the world through Knowledge Unlatched.
Criminal justice law Legal aspects of criminology
Exploring the rationales behind legal anger, its logic and origins, this book builds on the perspectives of judges and prosecutors in Italy, Sweden, the United States, and Scotland. When do judges and prosecutors become angry in court, what do they become angry about, and which other emotions open up for anger? Anger brings people to court and is essential in evaluating wrongdoing and attributing blame, but at the same time, anger is seen as a threat to well-reasoned and just decision-making.
This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure.
Philipp-Alexander Hirsch (editor) Elias Moser (editor)
Children and mental health law; Decision-making capacity; Justice and mental health law; Mental health law; UN Convention on Rights of the person with disabilities; World Health Organization’s QualityRights Initiative; coercion; forensic psychiatry and criminal law; gender and mental health law; human rights; involuntary psychiatric treatment; mental health and criminal law; older adults and mental health law
Brendan D. Kelly (editor) Mary Donelly (editor)
Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses.
Stella Burch Elias, Derek T. Muller, Jason Rantanen
Sales and Leases: A Problem-based Approach
Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well. While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate. The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute.
Secession in International Law with a Special Reference to the Post-Soviet Space
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal.
Sexual Orientation and Gender Identity Employment Discrimination
Sexual Orientation, Gender Identity, Employment Discrimination
This Chapter will address the current protections that are available to lesbian, gay, bisexual and transgender (“LGBT”) individuals who allege they have been victims of employment discrimination. The Chapter’s primary focus will be on federal statutory law, particularly Title VII of the Civil Rights Act of 1964 (“Title VII”). Although the focus here is on federal law, Appendix I to this Chapter lists the states that protect individuals from public and/or private discrimination under state laws. LGBT employees have argued with mixed results in the courts that discrimination against an individual because of sexual orientation, gender identity or gender expression is also “discrimination because of sex” prohibited by Title VII. As a result, it is necessary to understand what it means under Title VII to discriminate “because of sex,” and how that meaning has evolved
This book introduces criminal procedure law in the United States, with a focus on the “investigation” stage of the criminal justice system. Specifically, the book focuses on legal constraints placed upon police and prosecutors, constraints largely derived from Supreme Court interpretations of the Fourth, Fifth, and Sixth Amendments to the Constitution. Major topics include searches and seizures, warrants and when they are required, interrogations, witness identifications of suspects, and the right to counsel during various stages of investigation and prosecution. At the end of the semester, students should have a solid foundation in the “black-letter law” of criminal procedure. This material is tested on the bar examination, and it is the sort of information that friends and family will expect lawyers to know, even lawyers who never practice criminal law.
Simple Solutions to Complex Catastrophes
Crime and criminology International relations
This open access book sets out simple solutions to managing complex catastrophes. It focusses on four kinds of crises – climate change, crime-war cascades, epidemics and financial crises. These catastrophes are conceived as complex and prone to cascade effects. This book is optimistic in explaining that there are identifiable simple institutions that international society can strengthen and some simple principles that can help humankind to control the expanding gamut of complex catastrophes that confront the planet including simple, stable institutions and regulatory bodies.
Social Media and Law Enforcement Practice in Poland
This book explores the role of social media in the daily practice of Polish criminal justice and how social media is, in turn, reshaping this practice. Based on empirical research, it confronts common beliefs about how police officers, prosecutors, and judges use social media in their work.
Soft Law and its Importance in Ensuring Member Statesʼ Compliance with Union Law
This book is dedicated to the role of soft law in the enforcement of EU law vis-à-vis the Member States. Apart from the Treaty infringement procedure, there is an increasing number of procedures, mostly laid down in secondary law, by which the EU – often availing itself of soft law – aims at ensuring Member States’ compliance with EU law. These procedures are compared with each other, also with respect to their use of soft law, and their conformity with primary law is examined.
Property law Engineering law Building construction
The ebook edition of this title is Open Access and freely available to read online. Specification for Tunnelling, Fourth edition is a standard industry document for tunnelling contracts and forms the basis of tunnelling specifications for projects throughout the world. It reflects current industry best practice and considers technological advancements over the last ten years. It also investigates a range of new topics.
Sustainable Utilization of Humic Substances and Organic Waste in Green Agriculture
Organic waste (OW), continuously created by agriculture, livestock farming, forestry and cities, is biodegradable matter, a plant nutrient source functioning—after processing—as effective fertilizer replacement. Humic substances (HS), produced via physical, chemical and microbial processes during early diagenesis in the decay of biomass, are redox-active, refractory, dark-colored mixtures of heterogeneous organic compounds and represent an important source of organic carbon and nitrogen in terrestrial and aquatic ecosystems. HS and processed OW have a beneficial effect on agricultural soil properties, pollutant sequestration, nutrient immobilization and transport.
The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law.The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law.
Crime and criminology Sociology Criminal justice law
This book explores the structural harm of borders and non-citizenship, specifically temporary non-citizenship, in the perpetuation of domestic and family violence (DFV). It focuses on the stories and situations of over 300 women in Australia. The analysis foregrounds how the state and the migration system both sustain and enable violence against women. In doing so this book demonstrates how structural violence is an insidious component of gendered violence – limiting and curtailing women’s safety. The Borders of Violence advances contemporary research on DFV by considering the role of the state and the migration system.
The Digital Public Domain: Foundations for an Open Culture
Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use —copyright and related rights —have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain —that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information —is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age. The free PDF edition of this title was made possible by generous funding received from the European Union (eContentplus framework project ECP-2006-PSI-610001).
The EPPO/OLAF Compendium of National Procedures: Cyprus
This Cypriot EPPO/OLAF volume deals with the link between national law and EU law (EPPO and OLAF Regulations) and enables professionals from the justice sector to understand the national law in comparative perspective and to plan further investigations. It refers to fraud cases, the link between OLAF and AFCOS, and the activities of the new EPPO regional offices.
The European Integrated Border Management
Territory of Stare - law of nations Immigration law
What are the human rights obligations of Frontex and its member states at the borders of Europe? Who is responsible when the rights of people crossing those borders are breached? Those are the main questions that this open access book addresses while exploring the evolution of the European integrated border management (EIBM).
Consumer protection law Constitutional and administrative law
This book is a seminal study of the European Ombudsman, focusing on current challenges and future developments by its leading expert commentators. This open access volume traces the evolution of the European Ombudsman over its first almost three decades. Its focus however lies on the current challenges and future perspectives of this ever-innovative EU institution. It brings together leading voices from academia, EU institutions, civil society, and the European Ombudsman’s office.
Social law and Medical law Politics and government Sociology
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws are made for the benefit of women).
Becky Batagol, Kate Seear, Heli Askola, Jamie Walvisch
The Future of the Law of the Sea: Bridging Gaps Between National, Individual and Common Interests
It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.
This open access book offers a comprehensive analysis of hydrogen strategies in major economies, exploring their domestic and international dimensions while highlighting the significance of bilateral and multilateral engagements. The authors contextualize these strategies within the geopolitical landscape, examining how governments shape the emerging hydrogen economy and the underlying interests that drive these policies. Each country chapter provides an in-depth review of hydrogen policy, encompassing both domestic and international aspects.
The GLAM-E Lab is a joint initiative between the Centre for Science, Culture and the Law at the University of Exeter and the Engelberg Center on Innovation Law & Policy at NYU Law to work with smaller and less well-resourced UK and US cultural institutions and community organizations to build open access capacity and expertise.
Mathilde Pavis, Co-Director Andrea Wallace Co-Director Michael Weinberg, Co-Director
International politics Migration Refuees
This open access book discusses the impact of cross-border migration on the relationships between sovereign states. While there is already a vast amount of literature on immigration, it often focuses on issues such as human rights, citizenship, and social integration, reflecting the contemporary interests of Western countries. However, as long as the most fundamental norm of international politics remains the mutual recognition of exclusive jurisdictional rights over territory by sovereign states, people crossing borders pose various challenges to this system of sovereign states. It is this awareness of the issue that makes this book unique.
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
The Legal and Ethical Environment of Business
After reading this chapter, you should be able to understand the nature and sources of law, and the concept of the rule of law and how it affects business and economic prosperity. At the conclusion of this chapter, you should be able to answer the following questions: 1. What is the law? 2. Where does our law come from? 3. What is a rule of law? 4. How is the law relevant to business? 5. How does the study of the legal environment of business create a foundation for future business courses?
Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.
The threat of nuclear conflict loomed menacingly over the world during the Cold War. Early warning of an attack was a crucial focus for military and political intelligence. Intelligence networks in Canada, the United States, and the United Kingdom came together, forming a tripartite intelligence relationship dedicated to indications that the Cold War would turn hot. The Next War is the first full account of the development of the allied indications network. Timothy Andrews Sayle dives deeply into recently declassified documents to explore this previously hidden history.
The Normative Foundations for EU Criminal Justice
Should the European Union regulate criminal justice? This open access book explores the question forensically, establishing whether a compelling normative justification for EU action in the field exists. It develops an integrated standard based on the perspectives of the effective allocation of regulatory authority between the EU and the Member States, representation-based political theories, and harm-based theories of criminal law.
The Political Economy of Central Asian Law
This open-access book provides fresh and much-needed insights into the interconnections between law, society and governance in Central Asia. By taking the interdisciplinary perspective of law and society, the book explores the social life of law and legal institutions in Central Asia in broader terms, encompassing not only the state legal system and institutions but also various informal (non-legal) forms of normative ordering.
The Roots of Respect : A Historic-Philosophical Itinerary
Despite the increasing concern for the issue of respect for persons displayed over the last decades by political philosophers, human-right thinkers, social and ethical theorists, a comprehensive treatment of the problem from a historical-philosophical perspective is conspicuously absent. The present collection of essays aims to contribute to the fulfillment of this gap by offering a reconstruction of the seminal passages in the history of philosophy which testify to the evolution of the idea of respect for persons and the rich array of conceptual specifications that such an idea acquires across the centuries. By analysis of pivotal texts of ancient and modern contemporary philosophy, the volume will try to offer an articulated account of respect which, starting from its primeval connection with the search for esteem and the pursuit of human excellence, gradually evolves towards the recognition of the political status of each citizen and culminates into a true politics of human rights.
The Routledge Handbook of Global Islam and Consumer Culture
The Routledge Handbook of Global Islam and Consumer Culture is an outstanding inter- and transdisciplinary reference source to key topics, problems, and debates in this challenging research field. The study of Islam is enriched by investigating religion and, notably, Islamic normativity (fiqh) as a resource for product design, attitudes toward commodification, and appropriated patterns of behavior.
Birgit Krawietz (editor) François Gauthier (editor)
This book is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
Public administration' Business and Management, Ethics and moral philosophy
This volume examines one of the defining tensions of our era: how to harness the transformative power of artificial intelligence while preserving responsibility, sovereignty, and human judgement.Bringing together scholars and practitioners, this volume moves beyond hype and alarmism to explore AI across three interconnected levels: global systems, organisational governance, and personal ethics.
Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems. By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates. Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics. Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such. The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.
About the Contributors Author(s) Eric E. Johnson is an Associate Professor of Law at the University of North Dakota. He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. He has twice been selected by students as the keynote speaker for UND Law’s graduation banquet. His writing on legal pedagogy has appeared in the Journal of Legal Education.
Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems. By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates. Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics. Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such. The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay. Please note that the publisher requires you to login to access and download the textbooks.
Tracing the Sources and Fate of Contaminants in Agroecosystems
The objective of this open access book is to present protocols, methodologies, and standard operating procedures (SOPs) used for the identification of sources, transport, and fate of agro-contaminants and illustrate them with several case studies of successful applications. The Soil and Water Management & Crop Nutrition (SWMCN) Subprogramme of the Joint Food and Agriculture Organization (FAO)/International Atomic Energy Agency (IAEA) Centre of Nuclear Techniques in Food and Agriculture, through a Coordinated Research Project (CRP) in partnership with national and international research institutes, developed and evaluated a set of analytical techniques (the toolbox).
Joseph Adu-Gyamfi, Grzegorz Skrzypek, et.al
Trademark Law: An Open-Source Casebook Version 6.0
Trademark lawyers often tell the story in one form or another of the Coca-Cola lawyer who spoke in 1986 of the value of the company’s goodwill as symbolized by its brand: “The production plants and inventories of The Coca-Cola Company could go up in flames overnight. Yet, on the following morning there is not a bank in Atlanta, New York, or anywhere else, that would not lend this Company the funds necessary for rebuilding, accepting as security only the inherent good will in its trademarks ‘Coca-Cola’ and ‘Coke.”‘1 The story was and remains no exaggeration. In 2016, Interbrand estimated the value of the Coca-Cola brand to be $73.1 billion2—as against fixed assets in 2016 of approximately $10.6 billion.3
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks.
In an era where technology is rapidly transforming the legal landscape, Transforming Arbitration explores how innovations like AI, blockchain, the Metaverse, and Web3 are reshaping arbitration as a key form of dispute resolution. The book features insights from leading academics, practitioners, and policymakers, offering a comprehensive look at how these advancements are influencing our conceptual, substantive and procedural understandings of many parts of this field.
Maud piers (editor), Sean McCarthy (editor)
Truthfulness or trib-truthfulness of financial reporting? A Historical Analysis
The book aims to analyze the issue of fiscal interference. This first volume examines the Italian situation from the 1860s to the 1960s. The analysis is carried out by comparing the articles of the Commercial Code first, and the Civil Code later with the concept of true income, which would be appropriate to identify taxable income as well. The period from the late 1960s to the present is analyzed in the second volume of the series.
Viability of UNCLOS amid Emerging Global Maritime Challenges
Public international law Politics and government
This open access book assesses UNCLOS' resilience and vitality as a legal framework for addressing emerging global maritime challenges. Against the backdrop of a number of emerging global maritime challenges, including the rise of sea levels and the maintenance of maritime safety and connectivity, the preservation of marine biodiversity of areas beyond national jurisdiction, and the promotion of marine scientific research, a contention has been made that UNCLOS does not provide sufficient or efficient regulation, and therefore, that countries should negotiate new legal provisions to complement or replace UNCLOS.
he Wetlands Law Course Source can be used as the primary text for a two credit seminar or as a supplemental text to cover wetlands material in an environmental law, natural resources law, or water law course. In addition, the administrative law chapter can be used as a supplement in a range of administrative law-related courses, such as environmental law, health law, labor law, immigration law, and others, to introduce basic administrative law concepts. Unlike traditional casebooks or coursebooks, a “course source” includes resources to train students in all three apprenticeships identified by the Carnegie Foundation in its influential report on legal education, Educating Lawyers: Preparation for the Profession of Law. To address the knowledge apprenticeship, the Wetlands Law Course Source includes all of the traditional elements of a casebook or coursebook (cases, commentary, notes and questions) and includes several hypotheticals and problem exercises that focus on reinforcing wetlands law. In addition, as one of the many forms of summative and formative assessment included in the book, every chapter includes one or more CALI exercise as a “quiz” to reinforce the material covered in the chapter. To address the skills apprenticeship, the Wetlands Law Course Source includes sixteen separate legal research exercises, several drafting exercises, a negotiation exercise, and an interviewing and counseling exercise. To address the values apprenticeship, the Course Source includes several professionalism scenarios, with questions related to the scenarios. Please note that the publisher requires you to login to access and download the textbooks.
What Color is Your C.F.R.? is a problem-based law workbook with a colorful twist. Conceived and written by law librarians, it uses easy to understand plain language and is a light-hearted but helpful supplement to instruction on basic legal research. The book takes a non-traditional approach to legal research and uses short legal research exercises and coloring.
White-Collar Crime in the Shadow Economy: Lack of Detection, Investigation and Conviction Compared to Social Security Fraud
This open access book examines the magnitude, causes of, and reactions to white-collar crime, based on the theories and research of those who have uncovered various forms of white-collar crime. It argues that the offenders who are convicted represent only ‘the tip of the iceberg’ of a much greater problem: because white-collar crime is forced to compete with other kinds of financial crime like social security fraud for police resources and so receives less attention and fewer investigations.