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Showing 7241 - 7260 of 19758 items
By Jonathan Herring, Julie Wallbank, Shazia Choudhry. 2009
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family…
life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.Manhattan Prep&’s LSAT Reading Comprehension guide, fully updated for the digital exam, is an essential tool for a surprisingly tricky…
part of the LSAT. Manhattan Prep&’s LSAT guides use officially-released LSAT questions and are written by the company&’s instructors, who have all scored a 172 or higher on the official LSAT—we know how to earn a great score and we know how to teach you to do the same.This guide will train you to approach Reading Comprehension as a law student would approach a legal text:Recognize the central argumentUse reading and note-taking frameworks to stay organized and retain information Execute the appropriate process for each type of questionPredict correct answers and spot trap answersTake advantage of the digital format to work quickly and strategicallyEach chapter in LSAT Reading Comprehension features drills and full practice sets—made up of real LSAT questions—to help you absorb and apply what you&’ve learned. The in-depth solutions walk you through every step needed to master LSAT Reading comprehension, from your initial passage analysis to your final answer selection.By Mauro Bussani, Vernon Valentine Palmer. 2009
Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand…
the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.By Ulrika Mörth, Karin Svedberg Helgesson. 2002
This edited volume examines the reconstitution of the public security domain since the 9/11 attacks, focusing on the banking sector…
and anti-money laundering (AML) activity in particular. Since the inception of the ‘Financial Action Taskforce’ (FATF) in 1989, AML has been viewed as a global problem. This text argues that the securitization of the financial sector as a result of AML has entailed the emergence of a new public security domain, which transcends the classic public-private divide. The analysis in the volume is multidisciplinary and combines concepts and theories from the literature on securitization, the public-private divide, and business/management. The authors argue that the state is under transformation and that the developments in the security field are part of an ongoing renegotiation of the relationship between the state and the business sector. Securitization, Accountability and Risk Management therefore contributes to a deeper understanding of how the power relationships have changed between the public and the private sectors after 9/11. This interdisciplinary book will be of much interest to students of critical security, risk management, business studies, critical legal studies and IR in general.By Grace James. 2009
Why is the law failing to protect pregnant workers and parents from detrimental treatment in the workplace? This theoretically informed…
book, which draws on the findings of a large scale, Nuffield Foundation funded, study of pregnancy-related workplace disputes, explores the legal regulation of pregnancy and parenting in the labour market. Using an epistemology that draws primarily on critical feminist debates, theories and critiques, the book adopts a necessarily female standpoint and seeks to answer why, despite positive policy ambitions and ample legislation, law is failing to protect pregnant workers and parents. Whilst sensitive to the limits of law’s ability to bring about social change, the book asks whether it is the direction of current policies that need attention, or the substance of the legislation that is flawed. Is it the application of the law in courts and tribunals that fails working families or the mechanics of the employment dispute resolution and tribunal system that needs adjusting? This book will interest academics, students and practitioners of law and social policy interested in employment law and discrimination.By Deborah James, Derick Fay. 2009
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution…
programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.By Luigi M. Solivetti. 2009
The problem of social control has constituted the acid test for the entire issue of immigration and integration. But whilst…
recent studies show that the crime rate for non-nationals is three, four or more, times higher than that of the country’s 'own' citizens, academic interest in these statistics has been inhibited by the political difficulties they raise. Immigration, Social Integration and Crime addresses this issue directly. Providing a thorough analysis of immigration and crime rates in all of the main European countries, as well as examining the situation in the US, Luigi M. Solivetti concludes that the widespread notion that a large non-national population produces high crime rates must be rejected. Noting the undeniably substantial, but significantly variable, contribution of non-nationals to crime statistics in Western Europe, he nevertheless goes on to analyze and explain the factors that influence the relationship between immigration and crime. It is the characteristics of the 'host' countries that are shown to be significantly associated with non-nationals’ integration and, ultimately, their involvement in crime. In particular, Solivetti concludes, it is 'social capital' in the host societies – comprized of features such as education, transparency, and openness – that plays a key role in non-nationals’ integration chances, and so in their likelihood to commit crime. Supported by extensive empirical data and statistical analysis, Immigration, Social Integration and Crime provides an invaluable contribution to one of the most pressing social and political debates – in Europe, and elsewhere.By David Delaney. 2009
Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the…
benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.By Michael Stolleis. 2009
Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of…
the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.By Sheila A.M. McLean. 2009
Autonomy is often said to be the dominant ethical principle in modern bioethics, and it is also important in law.…
Respect for autonomy is said to underpin the law of consent, which is theoretically designed to protect the right of patients to make decisions based on their own values and for their own reasons. The notion that consent underpins beneficent and lawful medical intervention is deeply rooted in the jurisprudence of countries throughout the world. However, Autonomy, Consent and the Law challenges the relationship between consent rules and autonomy, arguing that the very nature of the legal process inhibits its ability to respect autonomy, specifically in cases where patients argue that their ability to act autonomously has been reduced or denied as a result of the withholding of information which they would have wanted to receive. Sheila McLean further argues that the bioethical debate about the true nature of autonomy – while rich and challenging – has had little if any impact on the law. Using the alleged distinction between the individualistic and the relational models of autonomy as a template, the author proposes that, while it might be assumed that the version ostensibly preferred by law – roughly equivalent to the individualistic model – would be transparently and consistently applied, in fact courts have vacillated between the two to achieve policy-based objectives. This is highlighted by examination of four specific areas of the law which most readily lend themselves to consideration of the application of the autonomy principle: namely refusal of life-sustaining treatment and assisted dying, maternal/foetal issues, genetics and transplantation. This book will be of great interest to scholars of medical law and bioethics.Have we gone too far in enacting laws, promulgating regulations and announcing policies that threaten freedom of association, either now or…
‘in waiting’ for the future? Regulation of the Voluntary Sector focuses on the legal and political environment for civil society in an era in which counter-terrorism policy and law have challenged civil society and civil liberties in a number of countries. The ways in which counter-terrorism law and policy affect civil society can and do differ dramatically by country and region. Through the lens of developments since September 11th, Mark Sidel provides the first comparative analysis of state responses to voluntary sector activity. Comparing the situations in the UK and the US, as well as in Australia, Canada, India and within the European Union, he surveys the increasing efforts to delimit and restrict voluntary sector activities – such as fundraising and grant-making – as well as opposition to them.By Nicole Rafter. 2009
The Origins of Criminology: A Reader is a collection of nineteenth-century texts from the key originators of the practice of…
criminology – selected, introduced, and with commentaries by the leading scholar in this area, Nicole Rafter. This book presents criminology as a unique field of study that took root in a context in which urbanization, immigration, and industrialization changed the class structure of Western nations. As relatively homogenous communities became more sharply divided and aware of a bottom-most group, the 'dangerous classes', a new segment of the middle class emerged: professionals involved in the work of social control. Tracing the intellectual origins of criminology to physiognomy, phrenology, and evolutionary theories, this book demonstrates criminology's background in new attitudes toward science and the development of scientific methodologies applicable to social and mental phenomena. Through an expert selection of original texts, it traces the emergence of ‘criminology’ as a new field purporting to produce scientific knowledge about crime and criminals.By Chamundeeswari Kuppuswamy. 2009
The human genome is a well known symbol of scientific and technological progress in the twenty-first century. However, concerns about the exacerbation…
of inequalities between the rich and the poor, the developing and the developed states, the healthy and the unhealthy are causing problems for the progress of scientific research. The international community is moving towards a human rights approach in addressing these concerns. Such an approach will be piecemeal and ineffective so long as fundamental issues about economic, social and cultural rights, the so-called second generation of human rights, are not addressed. This book argues that, in order to be able to meaningfully apply a human rights framework to the governance of the human genome, the international human rights framework should be based on a unified theory of human rights where the distinction between positive and negative rights is set aside. The book constructs a common heritage concept with the right to development at its core and explores the content of the right to development through rational human rights theory. It is argued that the notion of property rights in the human genome should be placed within the context of protecting human rights, including the right to development. The concept of common heritage of humanity, contrary to the widely held belief that it is in opposition to patenting of gene sequences, supports human rights-based conceptions of property rights. This book fills a gap in the literature on international legal governance of the human genome will provide an essential reference point for research into the right to development, development issues in bioethics, the role of international institutions in law making and research governance.By David Denham, Lorraine Wolhuter, Neil Olley. 2009
How should the needs of victims of crime be met by the criminal justice system? Have the rights of victims…
been neglected in order to ensure that a defendant is brought to 'justice'? Who are the victims of crime and why are they targeted? This new book examines the theoretical arguments concerning victimization before examining who victims actually are and the measures taken by the criminal justice system to enhance their position. Particular attention is paid to the victimization of women, LGBT persons, minority ethnic persons and the elderly. The book engages in a detailed exposition of the law’s response to such victimization, focusing on the measures adopted in international human rights law, by the Council of Europe, and in English law and policy. It also assesses alternative models of victim participation in criminal proceedings in European jurisdictions such as Germany, Sweden and the Netherlands. Adopting an interdisciplinary approach which encompasses law, criminology and social policy, the book is ideal for undergraduates taking an option in victimology, race and crime, or gender and crime, whatever their disciplinary background.By Li-Ann Thio, Kevin Yl Tan. 2009
This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution, going…
beyond the descriptive narrative, the authors will cast a critical eye over the developments of the last 40 years.By Roger Jones, Gabriël A. Moens. 2009
The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing…
with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XII are Sybil Almeida, Gianni Bei, Luke Rotondella, and Nicholas Summers from the Murdoch Law School.Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright…
law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.By James J. Heckman, Robert L. Nelson, Lee Cabatingan. 2009
Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a…
panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.By Alastair V. Campbell. 2009
Recent debates about uses and abuses of the human body in medicine have highlighted the need for a thorough discussion…
of the ethics of the uses of bodies, both living and dead. Thorough and comprehensive, this volume explores different views of the significance of the human body and contrasting those which regard it as a commodity or personal possession with those which stress its moral value as integral to the personal identity of individuals. The Body in Bioethics addresses a number of key questions including: Should it be legal to sell human organs for transplantation? Are public displays of plastinated bodies or public autopsies morally justifiable? Should there be restrictions on the uses of human tissue in teaching and research? Is the rapid increase in volume and range of cosmetic surgery a matter for moral concern? This careful study of moral values provides essential background to many of the current controversies in medical ethics and is essential reading for all students of law, medical law and medical ethics.By Muriel Lightbourne. 2009
This volume advances the claim that the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted…
in 2001 is the only existing international agreement with the potential to promote food security, conservation of biodiversity and equity. However, for germplasm-rich countries, national interests come into conflict with the global interest. This work shows that the pursuit of national interests is counterproductive when it comes to maintaining genetic resources, food-security and rent-seeking and that optimally, the coverage of the FAO Treaty should be widened to apply to all crops.