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Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for…
the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination.This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.Medical Malpractice Legislation: Reforms in Civil Law Systems (Young Feltrinelli Prize in the Moral Sciences)
By Carlo Maria Masieri. 2024
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to…
regulate medical malpractice.In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future.This work may interest legal scholars, healthcare providers, insurers and policymakers.Food, Philosophy, and Intellectual Property: Fifty Case Studies
By Enrico Bonadio, Andrea Borghini. 2024
This is a book about food, philosophy, and intellectual property rights.Taken separately, these are three well-known subjects, but it is…
uncommon to consider them together. The book comprises 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, and aesthetic worth of culinary arts and gastronomic experiences.This accessible book will be of value to scholars, students, practitioners, and others with interests in the areas of intellectual property, food law, and food studies.West African Economic and Monetary Union: Staff Report On Common Policies For Member Countries-press Release; Staff Report; And Statement By The Executive Director For The Waemu (Imf Staff Country Reports)
By International Monetary Fund. African Dept.. 2024
The Wolves of K Street: The Secret History of How Big Money Took Over Big Government
By Brody Mullins, Luke Mullins. 2024
Two veteran investigative journalists trace the rise of the modern lobbying industry through the three dynasties—one Republican, two Democratic—that have…
enabled corporate interests to infiltrate American politics and undermine our democracy.On K Street, a few blocks from the White House, you&’ll find the offices of the most powerful men in Washington. In the 1970s, the city&’s center of gravity began to shift away from elected officials in big marble buildings to a handful of savvy, handsomely paid operators who didn&’t answer to any fixed constituency. The cigar-chomping son of a powerful Congressman, an illustrious political fixer with a weakness for modern art, a Watergate-era dirty trickster, the city&’s favorite cocktail party host…these were the sorts of men who now ran Washington. Over four decades, they&’d chart new ways to turn their clients&’ cash into political leverage, abandoning favor-trading in smoke-filled rooms for increasingly sophisticated tactics like &“shadow lobbying,&” where underground campaigns sparked seemingly organic public outcries to pressure lawmakers into taking actions that would ultimately benefit corporate interests rather than the common good. With billions of dollars at play, these lobbying dynasties enshrined in Washington a pro-business consensus that would guide the country&’s political leaders—Democrats and Republicans alike—allowing companies to flourish even as ordinary Americans buckled under the weight of stagnant wages, astronomical drug prices, unsafe home loans, and digital monopolies. A good lobbyist could kill even a piece of legislation supported by the president, both houses of Congress, and a majority of Americans. Yet, nothing lasts forever. Amidst a populist backlash to the soaring inequality these lobbyists helped usher in, Washington&’s pro-business alliance suddenly began to unravel. And while new ways for corporations to control the federal government would emerge, the men who&’d once built K Street found themselves under legal scrutiny and on the verge of financial collapse. One had his namesake firm ripped away by his own colleagues. Another watched his business shut down altogether. One went to prison. And one was found dead behind the 18th green of an exclusive golf club, with a bottle of $1,500 wine at his feet and a bullet in his head. A dazzling and infuriating portrait of fifty years of corporate influence in Washington, The Wolves of K Street is a masterpiece of narrative nonfiction—irresistibly dramatic, spectacularly timely, explosive in its revelations, and absolutely impossible to put down.Fair Shake: Women and the Fight to Build a Just Economy
By Naomi Cahn, June Carbone, Nancy Levit. 2024
A stirring, comprehensive look at the state of women in the workforce—why women&’s progress has stalled, how our economy fosters…
unproductive competition, and how we can fix the system that holds women back.In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past, wage gaps continue to increase. It is the most educated women who have fallen the furthest behind. Blue-collar women hold the most insecure and badly paid jobs in our economy. And even as we celebrate high-profile representation—women on the board of Fortune 500 companies and our first female vice president—women have limited recourse when they experience harassment and discrimination. Fair Shake: Women and the Fight to Build a Just Economy explains that the system that governs our economy—a winner-take-all economy—is the root cause of these myriad problems. The WTA economy self-selects for aggressive, cutthroat business tactics, which creates a feedback loop that sidelines women. The authors, three legal scholars, call this feedback loop &“the triple bind&”: if women don&’t compete on the same terms as men, they lose; if women do compete on the same terms as men, they&’re punished more harshly for their sharp elbows or actual misdeeds; and when women see that they can&’t win on the same terms as men, they take themselves out of the game (if they haven&’t been pushed out already). With odds like these stacked against them, it&’s no wonder women feel like, no matter how hard they work, they can&’t get ahead. Fair Shake is not a &“fix the woman&” book; it&’s a &“fix the system&” book. It not only diagnoses the problem of what's wrong with the modern economy, but shows how, with awareness and collective action, we can build a truly just economy for all.Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
By Antonio Segura Serrano. 2024
This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has…
triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.Litigating Judicial Selection
By null Herbert M. Kritzer. 2024
In the United States and elsewhere, the questions of who should serve as a judge and how these judges should…
be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.Thinking About Medicine: An Introduction to the Philosophy of Healthcare
By David Misselbrook. 2024
This introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an…
accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between…
the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
By Eduardo G Pereira, Thomas L Muinzer, Patrick R Baker. 2024
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include…
targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.Beyond the Binary: Gender and Legal Personhood in Islamic Law
By Saadia Yacoob. 2024
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit…
www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.Back to Work: Why We Need Smart Government for a Strong Economy
By Bill Clinton. 2011
&“I wrote this book because I love my country and I'm concerned about our future,&” writes Bill Clinton. &“As I…
often said when I first ran for President in 1992, America at its core is an idea—the idea that no matter who you are or where you're from, if you work hard and play by the rules, you'll have the freedom and opportunity to pursue your own dreams and leave your kids a country where they can chase theirs.&” In Back to Work, Clinton details how we can get out of the current economic crisis and lay a foundation for long-term prosperity. He offers specific recommendations on how we can put people back to work and create new businesses, increase bank lending and corporate investment, double our exports, and restore our manufacturing base. He supports President Obama&’s emphasis on green technology, saying that change in the way we produce and consume energy is the strategy most likely to spark a fast-growing economy and enhance our national security. Clinton also says that we need both a strong economy and a smart government working together to restore prosperity and progress. He demonstrates that whenever we&’ve given in to the temptation to blame government for our problems, we&’ve lost our commitment to shared prosperity, balanced growth, financial responsibility, and investment in the future. That has led our nation into trouble because there are some things we have to do together. For example, he says, &“Our ability to compete in the twenty-first century is dependent on our willingness to invest in infrastructure: we need faster broadband, a state-of-the-art national electrical grid, modernized water and sewer systems, and the best airports, trains, roads, and bridges. &“There is no evidence that we can succeed in the twenty-first century with an antigovernment strategy,&” writes Clinton, &“with a philosophy grounded in &‘You&’re on your own&’ rather than &‘We&’re all in this together.&’&” Clinton believes that conflict between government and the private sector has proved to be remarkably good politics, but it has produced bad policies, giving us a weak economy with few jobs, growing income inequality and poverty, and a decline in our competitive position. In the real world, cooperation works much better than conflict, and &“we need victories in the real world.&”International Investment Law and Arbitration from a Latin American Perspective (International Law and the Global South)
By Nitish Monebhurrun, Carolina Olarte-Bácares, Marco A. Velasquez-Ruiz. 2024
The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and…
Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law.The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil,Colombia, Peru, and Mexico are perused.This book is an unprecedented consideration of the challenges of what we can do for generations yet to come. Many…
growing intergenerational conflicts of interest, such as climate change and fiscal sustainability, are the result of the historically new progress of increasing human power, and the resolution of those conflicts demands a new intergenerational ethic. The book offers fresh new ideas for resolving intergenerational conflicts through the exploration of an entirely new field, conceptualized in philosophy, developed in economics, and tested in experiments. In particular, this work develops the theory of intergenerational cooperation based on a new relationship of direct reciprocity between generations. From experimental results, the possibility of intergenerational cooperation through Kantian categorical imperative is shown. The book also examines the effectiveness of inviting representatives of future generations, which are called "imaginary future generations", into the deliberations for current policy decisions. The original Japanese edition of this book was awarded the 66th Nikkei Prize for Excellent Books in Economic Science. The prize was established in 1958 to contribute to the advancement of academics and knowledge in the fields of economics, management, and accounting, as well as to its general dissemination and application.Forensic Science Laboratory Benchmarking: The FORESIGHT Manual
By Max M. Houck, Paul J. Speaker. 2024
Forensic Science Laboratory Benchmarking: The FORESIGHT Manual takes a step-by-step instructional approach to utilizing FORESIGHT data, detailing how labs can…
participate in the process to improve efficiencies. The FORESIGHT Project—a business benchmarking process for forensic service providers—was created in 2008 to collect and report data while offering improvement to processes through analysis, comparisons, and best practice evaluations. The program has grown to include more than 200 participating forensic laboratories worldwide.FORESIGHT offers the capability for labs to improve core functions, provide and benefit from metrics, and thus, improve the labs capabilities and functioning for the public good, while maintaining their often limited, fixed budgets. Due to ever-increasing caseloads, forensic laboratories are constantly plagued by backlogged casework—cases submitted to the laboratory but not yet worked. This leads to inefficiencies, delays, and unhappy agencies expecting timely results. Unfortunately, even if a lab’s slates were wiped clean and the backlog were erased, many of the inefficient processes—that created the backlog—would still be in place. Eventually, and inevitably, the lab would develop a new backlog.Unique coverage and features: Presents critical and proven cutting-edge measures to utilize FORESIGHT data improve laboratory testing, operational efficiency, and policies without added additional costs. Synthesizes the data input from more than 200 labs and a decade’s worth of analytics to illustrate process improvements and the advantages of participating. Outlines how to develop data-driven responses to solve current and future problems. Forensic Science Laboratory Benchmarking will be of interest to quality assurance specialists, economists, supervisors in the parent agencies of the labs, managers at all levels of any of the hundreds of public laboratories around the world, and anyone concerned about the effectiveness and efficiency of laboratory testing. As an operational guide, the book provides a helpful roadmap to help public science agencies and forensic labs analyze how they operate, improve on what works, and change what doesn’t to better meet their mission and serve their community’s goals.On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights: A Comparative Analysis in the European Multilevel Court System
By Alexander Heger, Moritz Malkmus. 2024
The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter…
of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.Case of a Lifetime: A Criminal Defense Lawyer's Story
By Abbe Smith. 2008
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are…
exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades.For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.Equal Is Unfair: America's Misguided Fight Against Income Inequality
By Don Watkins, Yaron Brook. 2009
We’ve all heard that the American Dream is vanishing, and that the cause is rising income inequality. The rich are…
getting richer by rigging the system in their favor, leaving the rest of us to struggle just to keep our heads above water. To save the American Dream, we’re told that we need to fight inequality through tax hikes, wealth redistribution schemes, and a far higher minimum wage.But what if that narrative is wrong? What if the real threat to the American Dream isn’t rising income inequality—but an all-out war on success?In Equal is Unfair, a timely and thought-provoking work, Don Watkins and Yaron Brook reveal that almost everything we’ve been taught about inequality is wrong. You’ll discover:• why successful CEOs make so much money—and deserve to• how the minimum wage hurts the very people it claims to help• why middle-class stagnation is a myth• how the little-known history of Sweden reveals the dangers of forced equality• the disturbing philosophy behind Obama’s economic agenda.The critics of inequality are right about one thing: the American Dream is under attack. But instead of fighting to make America a place where anyone can achieve success, they are fighting to tear down those who already have. The real key to making America a freer, fairer, more prosperous nation is to protect and celebrate the pursuit of success—not pull down the high fliers in the name of equality.The untold story of the slaying of a Southern town's ex-slaves and a white lawyer's historic battle to bring the…
perpretators to justiceFollowing the Civil War, Colfax, Louisiana, was a town, like many, where African Americans and whites mingled uneasily. But on April 13, 1873, a small army of white ex–Confederate soldiers, enraged after attempts by freedmen to assert their new rights, killed more than sixty African Americans who had occupied a courthouse. With skill and tenacity, The Washington Post's Charles Lane transforms this nearly forgotten incident into a riveting historical saga.Seeking justice for the slain, one brave U.S. attorney, James Beckwith, risked his life and career to investigate and punish the perpetrators—but they all went free. What followed was a series of courtroom dramas that culminated at the Supreme Court, where the justices' verdict compromised the victories of the Civil War and left Southern blacks at the mercy of violent whites for generations. The Day Freedom Died is an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople, and re-creates the bloody days of Reconstruction, when the often brutal struggle for equality moved from the battlefield into communities across the nation.