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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.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.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.Wandering Home: A Long Walk Across America's Most Hopeful Landscape
By Bill McKibben. 1998
"[McKibben is] a marvelous writer who has thought deeply about the environment, loves this part of the country, and knows…
how to be a first-class traveling companion."—Entertainment WeeklyIn Wandering Home, one of his most personal books, Bill McKibben invites readers to join him on a hike from his current home in Vermont to his former home in the Adirondacks. Here he reveals that the motivation for his impassioned environmental activism is not high-minded or abstract, but as tangible as the lakes and forests he explored in his twenties, the same woods where he lives with his family today.Over the course of his journey McKibben meets with old friends and kindred spirits, including activists, writers, organic farmers, a vintner, a beekeeper, and environmental studies students, all in touch with nature and committed to its preservation. For McKibben, there is no better place than these woods to work out a balance between the wild and the cultivated, the individual and the global community, and to discover the answers to the challenges facing our planet today.Telling Our Way to the Sea: A Voyage of Discovery in the Sea of Cortez
By Aaron Hirsh. 2013
A luminous and revelatory journey into the science of life and the depths of the human experienceBy turns epic and…
intimate, Telling Our Way to the Sea is both a staggering revelation of unraveling ecosystems and a profound meditation on our changing relationships with nature—and with one another.When the biologists Aaron Hirsh and Veronica Volny, along with their friend Graham Burnett, a historian of science, lead twelve college students to a remote fishing village on the Sea of Cortez, they come upon a bay of dazzling beauty and richness. But as the group pursues various threads of investigation—ecological and evolutionary studies of the sea, the desert, and their various species of animals and plants; the stories of local villagers; the journals of conquistadors and explorers—they recognize that the bay, spectacular and pristine though it seems, is but a ghost of what it once was. Life in the Sea of Cortez, they realize, has been reshaped by complex human ideas and decisions—the laws and economics of fishing, property, and water; the dreams of developers and the fantasies of tourists seeking the wild; even efforts to retrieve species from the brink of extinction—all of which have caused dramatic upheavals in the ecosystem. It is a painful realization, but the students discover a way forward. After weathering a hurricane and encountering a rare whale in its wake, they come to see that the bay's best chance of recovery may in fact reside in our own human stories, which can weave a compelling memory of the place. Glimpsing the intricate and ever-shifting web of human connections with the Sea of Cortez, the students comprehend anew their own place in the natural world—suspended between past and future, teetering between abundance and loss. The redemption in their difficult realization is that as they find their places in a profoundly altered environment, they also recognize their roles in the path ahead, and ultimately come to see one another, and themselves, in a new light.In Telling Our Way to the Sea, Hirsh's voice resounds with compassionate humanity, capturing the complex beauty of both the marine world he explores and the people he explores it with. Vibrantly alive with sensitivity and nuance, Telling Our Way to the Sea transcends its genre to become literature.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.Tecumseh: A Life
By John Sugden. 1997
If Sitting Bull is the most famous Indian, Tecumseh is the most revered. Although Tecumseh literature exceeds that devoted to…
any other Native American, this is the first reliable biography--thirty years in the making--of the shadowy figure who created a loose confederacy of diverse Indian tribes that exted from the Ohio territory northeast to New York, south into the Florida peninsula, westward to Nebraska, and north into Canada.A warrior as well as a diplomat, the great Shawnee chief was a man of passionate ambitions. Spurred by commitment and served by a formidable battery of personal qualities that made him the principal organizer and the driving force of confederacy, Tecumseh kept the embers of resistence alive against a federal government that talked cooperation but practiced genocide following the Revolutionary War.Tecumseh does not stand for one tribe or nation, but for all Native Americans. Despite his failed attempt at solidarity, he remains the ultimate symbol of eavor and courage, unity and fraternity.The Complete Book of Wills, Estates, and Trusts: Advice that Can Save You Thousands of Dollars in Legal Fees and Taxes
By Alexander A. Bove Jr.. 2005
The best legal guide to wills and estates—with more than 80,000 copies sold—now updated to cover the current asset protection…
options and estate lawsWhether grappling with modest or extensive assets, The Complete Book of Wills, Estates, and Trusts has long been the indispensable guide for protecting an estate for loved ones. In this completely revised third edition, updated to cover the latest changes in estate law, attorney Alexander A. Bove, Jr., clearly explains• how to use a will to avoid probate and legal complications• how trusts work and how to use trusts to save taxes• how to contest a will and how to avoid a contest• how to settle an estate or make a claim against one• how to establish a durable power of attorney• how to protect assets from creditorsIn his straightforward and humorous style, Bove shares easy-to-understand legal definitions, savvy advice on taxes, and pragmatic and simple sample forms, all illustrated with entertaining examples and actual cases. The Complete Book of Wills, Estates, and Trusts is the best guide available for defending your financial legacyAround the World in 50 Years: My Adventure to Every Country on Earth
By Albert Podell. 2015
This is the inspiring story of an ordinary guy who achieved two great goals that others had told him were…
impossible. First, he set a record for the longest automobile journey ever made around the world, during the course of which he blasted his way out of minefields, survived a breakdown atop the Peak of Death, came within seconds of being lynched in Pakistan, and lost three of the five men who started with him, two to disease, one to the Vietcong.After that-although it took him forty-seven more years-Albert Podell set another record by going to every country on Earth. He achieved this by surviving riots, revolutions, civil wars, trigger-happy child soldiers, voodoo priests, robbers, pickpockets, corrupt cops, and Cape buffalo. He went around, under, or through every kind of earthquake, cyclone, tsunami, volcanic eruption, snowstorm, and sandstorm that nature threw at him. He ate everything from old camel meat and rats to dung beetles and the brain of a live monkey. And he overcame attacks by crocodiles, hippos, anacondas, giant leeches, flying crabs-and several beautiful girlfriends who insisted that he stop this nonsense and marry them.Albert Podell's Around the World in 50 Years is a remarkable and meaningful tale of quiet courage, dogged persistence, undying determination, and an uncanny ability to extricate himself from one perilous situation after another-and return with some of the most memorable, frightening, and hilarious adventure stories you have ever read.The Honourable John Norquay: Indigenous Premier, Canadian Statesman
By Gerald Friesen. 2024
The life and times of the Premier from Red River John Norquay, orphan and prodigy, was a leader among the…
Scots Cree peoples of western Canada. Born in the Red River Settlement, he farmed, hunted, traded, and taught school before becoming a legislator, cabinet minister, and, from 1878 to 1887, premier of Manitoba. Once described as Louis Riel’s alter ego, he skirmished with prime minister John A. Macdonald, clashed with railway baron George Stephen, and endured racist taunts while championing the interests of the Prairie West in battles with investment bankers, Ottawa politicians, and the CPR. His contributions to the development of Canada’s federal system and his dealings with issues of race and racism deserve attention today. Recounted here by Canadian historian Gerald Friesen, Norquay’s life story ignites contemporary conversations around the nature of empire and Canada’s own imperial past. Drawing extensively on recently opened letters and financial papers that offer new insights into his business, family, and political life, Friesen reveals Norquay to be a thoughtful statesman and generous patriarch. This masterful biography of the Premier from Red River sheds welcome light on a neglected historical figure and a tumultuous time for Canada and Manitoba.This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles…
at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.Gerichtsentscheidungen können ohne Bezugnahmen auf andere Texte weder getroffen noch verfasst werden, Zitate sind in Gerichtsentscheidungen omnipräsent. Jede Entscheidung berücksichtigt…
einschlägige Normtexte oder Präjudizien, in erster Linie zur Sicherstellung einer kohärenten Rechtsprechung. Durch den Akt des Bezugnehmens demonstrieren Gerichte, dass sie in ihren Entscheidungen auf einer etablierten Rechtsdogmatik aufbauen. Diese Integration in die bestehende Dogmatik legitimiert die Entscheidung und schafft damit Rechtssicherheit durch Rechtsvorhersagbarkeit. In Gerichtsentscheidungen finden sich darüber hinaus Bezugnahmen auf Texte, die nicht über rechtliche Autorität verfügen und denen entsprechend keine derartige Funktion zugeschrieben werden kann. Unter den von Gerichten zitierten Quellen finden sich neben Gesetzestexten z.B. auch Bezüge auf ausländisches Recht, auf wissenschaftliche Quellen oder sogar auf literarische Texte. Die vorliegende Arbeit beschäftigtsich in Anbetracht dessen mit der Frage, wie und warum Gerichte zitieren. Am Beispiel von Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada schlägt die interdisziplinäre Studie sowohl philologische als auch rechtswissenschaftliche Auswertungskriterien zur empirischen Rekonstruktion von Zitatfunktionalisierungen vor und nimmt dabei ferner auch eine komparative Perspektive auf rechtskreisbedingte Unterschiede zwischen den Zitationspraktiken vor Gericht ein.