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Showing 1 - 20 of 22778 items
By Patrick S. Nash, Deniz Guzel. 2024
This book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The…
book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.By John G. Miles Jr., David B. Richardson, Anthony E. Scudellari. 2024
The Law Officer’s Pocket Manual is a handy, pocket-sized, spiral-bound manual that highlights basic legal rules for quick reference and…
offers examples showing how those rules are applied. The manual provides concise guidance based on U.S. Supreme Court rulings on constitutional law issues and other legal developments, covering arrest, search, surveillance, and other routine as well as sensitive areas of law enforcement. It includes more than 100 examples drawn from leading cases to provide guidance on how to act in a wide variety of situations. The 2023 edition is completely updated to reflect recent court decisions. This book helps you keep track of everything in a readable and easy-to-carry format. Routledge offers tiered discounts on bulk orders of 5 or more copies: For more information, please visit: https://www.routledge.com/collections/16268Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and…
other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire.With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.By Samir Mankabady. 1987
Originally published in 1987, this book provides a comprehensive manual to the international law governing accidents at sea during the…
1980s. It is a complementary study to International Maritime Organisation, now recognised as a standard work on this UN agency. Among the subjects covered in Part 1 are: reporting and investigation of accidents; accidents caused by collision; civil and criminal liability; accidents caused by non-marking wrecks. Part 2 deals with the consequences of accidents and contains a considerable body of law and regulations on oil and chemical pollution, salvage and personal injuryBy Samir Mankabady. 1984
Originally published in 1984, this book provides a survey of the shipping rules adopted under the auspices of the International…
Maritime Organisation (IMO) during the latter part of the 20th Century. Its scope is wide-ranging, and, since the measures adopted by the IMO cover a great variety of disciplines, the papers in this book are written with clarity and authority by a number of expertsBy Susan Dewey. 2024
Gun Present takes us inside the everyday operations of the law at a courthouse in the Deep South. Illuminating the…
challenges accompanying the prosecution of criminal cases involving guns, the three coauthors—an anthropologist, a geographer, and a district attorney—present a deeply human portrait of prosecutors’ work. Built on an immersive, community-based participatory partnership between researchers and criminal justice professionals, Gun Present chronicles how a justice assemblage comprising institutional structures and practices, relationships and roles, and individual moral and emotional worlds informs the day-to-day administration of justice. Weaving together in-depth interviews, quantitative analysis of more than a thousand criminal cases, analysis of trial transcripts, and over a year of ethnographic observations, Gun Present provides a model for scholar-practitioner collaborations.In Bribed with Our Own Money David R. M. Beck analyzes the successes and failures of Indigenous nations&’ opposition to…
federal policy in the 1950s and 1960s. Focusing on case studies from six Native nations, Beck recounts how the U.S. government coerced American Indian nations to accept termination of their political relationship with the United States by threatening to withhold money that belonged to the tribes. Termination was the continuation—and, federal officials hoped, the culmination—of more than a century of policy initiatives intended to end the political relationship between Indian tribal nations and the federal government. Termination was also intended to assimilate American Indian individuals into the country&’s social and economic culture and to remove the remainder of reservation lands from federal trust. American Indians hoped to gain greater opportunities of self-governance and self-determination, but they wanted to do so under the protection of the federal trust relationship.Bribed with Our Own Money analyzes both successful and unsuccessful efforts of Native nations to oppose this policy within the larger context of long-standing federal abuse of tribal funds. It is the first book to view federal termination efforts grounded in bribery for what they were: a form of coercion.By Null Carmen Draghici. 2024
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They…
include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.By Francisca Pou Giménez, Ruth Rubio Marín, and Verónica Undurraga Valdés. 2024
This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the…
subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy.In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions.The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.By Mads Andenas, Maren Heidemann. 2024
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating…
doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.Does the current celibate, semi-monastic, and all-male seminary formation contribute to the persistence of clerical sexual abuse in the Roman…
Catholic Church?Applying sociological theories on socialization, total institutions, and social resistance as the primary conceptual framework, and drawing on secondary literature, media reports, the author’s experience, interviews, and Church documents, this book argues that the Catholic Church’s institution of the celibate seminary formation as the only mode of clerical training for Catholic priests has resulted in negative unintended consequences to human formation such as the suspension of normal human socialization in society, psychosexual immaturity, and weak social control against clerical sexual abuse. The author thus contends that celibate training, while suitable for those who do live in religious or monastic communities, is inappropriate for those who are obliged to live alone and work in parishes. As such, an alternative model for diocesan clerical formation is advanced.A fresh look at the aptness – and effects – of celibate formation for diocesan clergy, this volume is the first to relate the persistence of Catholic clerical sexual abuse to celibate seminary formation, exploring the structural links between the two using sociological arguments and proposing an apprenticeship-based model of formation, which has numerous advantages as a form of clerical training. It will therefore appeal to scholars and students of religion, sociology, and theology, as well as those involved with seminary formation.By Roderick S. Graham, 'Shawn K. Smith. 2024
Cybercrime and Digital Deviance, Second Edition, combines insights from sociology, criminology, psychology, and cybersecurity to explore cybercrimes such as hacking,…
identity theft, and romance scams, along with forms of digital deviance such as pornography addiction, trolling, and “canceling” people for perceived violations of norms.Other issues are explored including cybercrime investigations, nation-state cybercrime, the use of algorithms in policing, cybervictimization, and expanded discussion of the theories used to explain cybercrime. Graham and Smith conceptualize the online space as a distinct environment for social interaction, framing their work with assumptions informed by their respective work in urban sociology and spatial criminology, and offering an engaging entry point for understanding what may appear to be a technologically complex course of study. The authors apply a modified version of a typology developed by David Wall: cybertrespass, cyberfraud, cyberviolence, and cyberpornography. This typology is simple enough for students just beginning their inquiry into cybercrime, while its use of legal categories of trespassing, fraud, violent crimes against persons, and moral transgressions provides a solid foundation for deeper study. In this edition each chapter includes a new “Current Events and Critical Thinking” section, using concepts from the chapter to explore a specific event or topic like the effect of disinformation on social cohesion and politics.Taken together, Graham and Smith’s application of a digital environment and Wall’s cybercrime typology makes this an ideal upper-level text for students in sociology and criminal justice. It is also an ideal introductory text for students within the emerging disciplines of cybercrime and cybersecurity.This book constitutes the refereed proceedings of the 15th International Workshop on Constructive Side-Channel Analysis and Secure Design, COSADE 2024,…
held in Gardanne, France, during April 9–10, 2024. The 14 full papers included in this book were carefully reviewed and selected from 42 submissions. They were organized in topical sections as follows: Analyses and Tools; Attack Methods; Deep-Learning-Based Side-Channel Attacks; PUF/RNG; and Cryptographic Implementations.This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of…
changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.By Remigijus Jokubauskas. 2024
This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of…
the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.How does justice for non-citizens look like? This book provides a nuanced cross-section of how criminal courts deliver justice to…
non-citizens, investigating rationales and purposes of penal power directed at foreign defendants. It examines how lack of citizenship alters the contours of justice, creating a different system oriented at control and exclusion of non-members. Drawing on ethnographic research in an Italian criminal court, the book details how citizenship and national belonging not only matter, but are matters reproduced, elaborated, and negotiated throughout the judicial process, exploring the implications of this development for the understanding of penal power and the role of criminal courts.Set in the context of the growing intersection between migration control and penal power, Delivering Justice to Non-Citizens explores whether and how instances of border control have seeped into judicial practices. In doing so, it fills a significant gap in the scholarship on border criminology by considering a rather unexplored actor in the field of migration studies: criminal courts. Based on a year of courtroom ethnography in Turin, Delivering Justice to Non-Citizens relies on interviews with courtroom actors, courthouse observations, analysis of court files, together with local media analysis, to provide a vivid image of judicial practices towards foreign defendants in a medium-size criminal court. It considers and balances the distinctive traits of the local context with ongoing global processes and transformations and adds much needed insights into how global processes impact local realities and how the local, in turn, adjusts to global challenges. Through instances of everyday justice, the book calls attention to how migration control has silently seeped into the judicial realm.The book will be of interest to students and academics in sociology, criminology, law, penology, and migration studies. It will also be an important reading for legal practitioners, magistrates, and other law enforcement authorities.By Dennis Bock, Friedrich Sebastian Fülscher. 2024
Dieses Buch enthält – insbesondere für Studierende, aber auch Berufseinsteiger – eine Einführung in das Steuerstrafrecht sowohl in materieller als…
auch verfahrensrechtlicher Hinsicht. Die Autoren aus Wissenschaft und Praxis verbinden ihre Erfahrungen zu einem mit zahlreichen Beispielsfällen (vornehmlich aus der aktuellen Rechtsprechung) versehenen Lehrwerk, welches sich zum Ziel setzt, eine auf den ersten Blick nicht leicht zugängliche Materie einprägsam darzustellen.By I. Glenn Cohen, Daniel B. Kramer, Julia Adler-Milstein, Carmel Shachar. 2024
Health care delivery is shifting away from the clinic and into the home. Even prior to the COVID-19 pandemic, the…
use of telehealth, wearable sensors, ambient surveillance, and other products was on the rise. In the coming years, patients will increasingly interact with digital products at every stage of their care, such as using wearable sensors to monitor changes in temperature or blood pressure, conducting self-directed testing before virtually meeting with a physician for a diagnosis, and using smart pills to document their adherence to prescribed treatments. This volume reflects on the explosion of at-home digital health care and explores the ethical, legal, regulatory, and reimbursement impacts of this shift away from the 20th-century focus on clinics and hospitals towards a more modern health care model. This title is also available as Open Access on Cambridge Core.By Gerard McCann. 2024
Raw and compelling, Anatomy of a Secret bravely shares long silenced, unspoken truths.As a boy, Gerard was sexually abused by…
a Catholic priest at his local church. As a grown man, he confronts the trauma of what he suffered and the psychological aftermath of his experience, grappling with shame, guilt and the devastating impact it had on his family, relationships and sense of self. Despite what he endured, Gerard' s story is one of hope and healing, of acknowledging pain and seeking support, of honesty and justice.By Danny Pieters. 2024
The Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in…
Europe.The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. The book concludes by identifying some common features and challenges that constitutional courts of small states are confronted with, formulating recommendations for other small state jurisdictions across the world.This book will be of great interest and use to practitioners and scholars working in and researching constitutional law in general, and constitutional courts in particular. It will be invaluable for those dealing with small states, as it pays attention to an often forgotten - but important - aspect of the rule of law, and thus also of democracy.