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Showing 1 - 20 of 22923 items
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.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 Matthew McKay. 2024
• Offers a step-by-step process to unleash the unconscious and intuitive wisdom held in the awareness of your soul: Deep…
Knowledge Meditation • Includes guided journal prompts to help you listen to your heart and shine a light on your own deepest wisdom and soul knowledge • Shares channeled lessons from the author&’s late son Jordan on the mysteries of human existence, including what the divine or god is, the nature of a soul, the nature of matter and energy, the role of love in our lives, and the origin of the universe Human life is surrounded by mystery. At the center of this mystery is the question: Why are we here? is there a purpose to our existence, a reason why we&’re experiencing the beauty and pain of physical life? There is also the mystery of the universe itself. What is it and where did it come from? Religious and spiritual traditions have created complex cosmologies to answer these questions, but each tradition has a different answer and we are left with profound uncertainty about deeper reality. As psychologist Matthew McKay reveals, we can each discover our own answers to these questions, our own inner truth, by connecting with the wisdom of our souls. In this guided workbook, McKay offers a step-by-step process to unleash the unconscious and intuitive wisdom held in the awareness of your soul. He explains how to use &“deep knowledge meditation&” to access all of your soul&’s accumulated knowledge, everything you have learned across all of your incarnations. Channeling his late son, Jordan, a discarnate soul who has lived hundreds of lives, McKay shares Jordan&’s lessons on the mysteries of human existence, including what the divine or god is, the nature of a soul, the nature of matter and energy, the role of love in our lives, and the origin of the universe. Accompanying these channeled teachings are journal prompts from Jordan, to be used with deep knowledge meditation, to help you listen to your heart and shine a light on your own deepest wisdom and soul knowledge. Guiding you on a journey of self-discovery, this book offers the opportunity to find your soul&’s truth about your life&’s purpose and the nature of physical reality.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 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.By Elizabeth A. Faulkner. 2024
This thought-provoking collection brings together academics from a range of disciplines to examine modern slavery. It illustrates how different disciplinary…
positions, methodologies and perspectives form and clash together through a kaleidoscopic view to contribute a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation. Drawing on a range of global real-world examples, this is a vital contribution to the study of modern slavery.By Sean Patrick Cooper. 2024
The harrowing true story of a cold-blooded murder and the campaign to bring justice to a suffering Midwestern townOn a…
November night in 1990, Cathy Robertson is murdered in her home outside Chillicothe, Missouri. After law enforcement conduct a haphazard investigation, the sheriff&’s office puts the case in the hands of a Kansas City private eye with his own agenda. In a close-knit town still reeling from the aftereffects of the farming crisis, friends and neighbors abruptly fracture into opposing camps. Mark Woodworth, a Robertson family neighbor, eventually receives four life sentences for a crime that a growing group of local supporters believe he didn&’t commit.In a surprising, dramatic narrative that spans decades, Mark&’s family turns to Robert Ramsey, an attorney willing to take on a corrupt political machine suppressing the truth. But the community&’s way of life is irrevocably damaged by the parallel tragedies of the farming crisis and Cathy&’s unsolved murder, in a gripping story about the fault-lines of a fracturing America that continue to cut across the farm belt today.By Christian Tétreault. 2023
Un criminaliste flamboyant, les pires bandits de l'histoire judiciaire du Québec: Bienvenue dans l'univers Maranda. Avocat de génie qui tétanisait…
la partie adverse et imposait le respect aux juges les plus coriaces, ardent défenseur des droits et libertés fasciné par le parcours des hors-la-loi qu'il représentait, homme respectable que l'amour a traîné sur le banc des accusés: Léo-René Maranda (1932-2012) était la complexité faite homme. Découvrir l'univers Maranda, c'est plonger dans une époque révolue où les figures mythiques de Brian Erb, Richard Foley, Monica-la-mitraille, Gérard Fontaine, Donald Côté et Alain Charron couraient encore les rues, protégées par la verve de leur éblouissant défenseurBy Daniel E. Hall. 2012
Authoritative, comprehensive, and current, Criminal Law and Procedure, 6th edition delivers cutting-edge coverage of every aspect of the law and…
the duties a paralegal is expected to perform. It strikes the ideal balance between theoretical law and cutting-edge developments as it explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more.By Daniel E. Hall. 2012
Authoritative, comprehensive, and current, Criminal Law and Procedure, 6th edition delivers cutting-edge coverage of every aspect of the law and…
the duties a paralegal is expected to perform. It strikes the ideal balance between theoretical law and cutting-edge developments as it explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more.By Aksel Tømte, Eko Riyadi. 2024
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a…
case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.By Kristi W. Arth. 2024
Legal issues touch every aspect of organizations in the creative and cultural sectors. This book teaches non-lawyer, arts administration professionals…
and students how to identify and manage legal issues common to arts organizations.Legal Issues for Arts Organizations demystifies common legal problems and helps readers to approach them proactively. With an easy-to-remember “issue-spotting” process, the book helps develop the average administrator’s “eye” for legal issues, so that the administrator knows when to do more research and when to seek out professional legal assistance. Written by a law professor and former intellectual property litigator with experience in arts policy and administration, this book provides a framework that arts professionals can use to navigate legal issues with increased confidence. It provides an overview of the American legal system, teaches a systematic process for identifying legal issues, trains administrators to read and understand contracts, gives practical advice for working with professional lawyers, and puts theory into practice with an applied learning component.Packed with practical tips and advice, this book provides a primer that every arts administrator and every arts- and nonprofit-management student will find immediately useful.A book adoption gift containing teaching support materials is available to instructors. To gain access, visit www.routledge.com/9780367771133.By Aldo Sandulli. 2024
This book examines the role of law in Europe at a time when economic policies have become dominant not only…
on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.