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Cultural Property Crime and the Law: Legal Approaches to Protection, Repatriation, and Countering Illicit Trade (Transnational Criminal Justice)
By Michelle D. Fabiani, Kate Melody Burmon, Saskia Hufnagel. 2024
This book explores innovative approaches to using and operating within and around both criminal law and civil law in the…
detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.Low-Paid EU Migrant Workers: The House, The Street, The Town (Bristol Studies in Law and Social Justice)
By Catherine Barnard, Fiona Costello, Sarah Fraser Butlin. 2024
Available open access digitally under CC-BY-NC-ND licence. This unique research paints a vivid picture of migrant workers' experiences following Brexit…
and COVID-19. Based on a longitudinal study, it explores their legal struggles, uncovers the hidden interactions between the law and communities around employment, housing, welfare and health issues and sheds much-needed light on the crucial role of NGOs working to support them.Ethical Reasoning in Forensic Science (Library of Ethics and Applied Philosophy #41)
By Lyndsie Ferrara. 2024
This book explores the impact of ethical reasoning in forensic science and demonstrates that it is in fact a foundational…
skill required by those engaged in the field. Forensic science is viewed as a mechanism to aid the criminal justice system in finding truth, but failures within the field contribute to the growing injustice facing society. The author recognizes these failings and brings a new perspective by establishing bioethical principles as a foundation for improving ethical reasoning skills. These skills are a critical component of forensic science education for upcoming professionals. While other books focus on egregious cases of ethical misconduct, this text highlights the daily decisions and issues that occur during the forensic investigation and analysis processes. It is written for future forensic professionals and forensic science educators, as well as those individuals already working in the forensic science field.Law and the Epistemologies of the South (Cambridge Studies in Law and Society)
By Boaventura de Sousa Santos. 2023
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura…
de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.Law and Revolution: Past Experiences, Future Challenges
By Matej Accetto, Katja Škrubej, Joseph H. H. Weiler. 2024
The last one hundred years have seen a number of events that could be perceived as disruptive challenges to the…
normal operation of the legal order. Some have been disruptive innovations of technologies or business practices, others social changes or constitutional transformations, further buttressed by the impact of globalisation and interdependence affecting the development of international, transnational and global law. Coincidentally, this period of one hundred years has been bookended by two pandemics, themselves disruptive realities testing the resilience as well as the adaptability of the legal regimes. A hundred years ago, the founding dean of a newly established law faculty beginning its mission amid the ashes of the First World War and the disintegration of the only remaining European empire gave an opening lecture exploring the role of law and judges in the face of revolutionary societal changes. Drawing upon that important text, this edited volume explores similar challenges for law brought about by various disruptive realities. The collection looks at the past as well as the future. Following the text of the opening lecture by Pitamic, the contributions are grouped under five headings, dealing with the law and revolution in 1918, the challenges posed for law by the seemingly more gradual political or technological transformations, the effects of globalisation and the changing world, with the final contributions reassessing the law, its methodologies and traditional paradigms including, in the epilogue, the challenges posed for law the recent disruptive reality of the Covid-19 pandemic. The book will be of interest to academics, researchers and policy-makers working in the areas of legal history, jurisprudence, constitutional law, law and politics, and law and technology.Traitor By Default: The Trials of Kanao Inouye, the Kamloops Kid
By Patrick Brode. 2024
At the end of World War II, a young Japanese Canadian would stand trial and face execution for having committed…
war crimes and betraying his country.One of the most bizarre stories to emerge at the end of the Second World War was that of Kanao Inouye. Born in Kamloops, B.C., in 1916, he had relocated to his ancestral homeland of Japan, and by 1942 was a translator for the Japanese army. He was assigned to the prisoner of war camp in Hong Kong where he became infamous as one of the “most sadistic guards” over the Canadian survivors of the Battle of Hong Kong. Scores of prisoners would attest to his brutality administered in revenge for the treatment he had received growing up in Canada.His reputation was such that he was quickly apprehended after the war and faced charges of war crimes. But his subsequent trials became mired in questions as to who he really was. Was he a Canadian forced to serve in the Japanese military machine? Or was he a devoted soldier of his emperor obeying his superiors?Women, Business and the Law 2024 (Women, Business and the Law)
By World Bank. 2024
Women, Business and the Law 2024 is the 10th in a series of annual studies measuring the enabling conditions that…
affect women’s economic opportunity in 190 economies. To present a more complete picture of the global environment that enables women’s socioeconomic participation, this year Women, Business and the Law introduces two new indicators—Safety and Childcare—and presents findings on the implementation gap between laws (de jure) and how they function in practice (de facto). This study presents three indexes: (1) legal frameworks, (2) supportive frameworks (policies, institutions, services, data, budget, and access to justice), and (3) expert opinions on women’s rights in practice in the areas measured. The study’s 10 indicators—Safety, Mobility, Workplace, Pay, Marriage, Parenthood, Childcare, Entrepreneurship, Assets, and Pension—are structured around the different stages of a woman’s working life. Findings from this new research can inform policy discussions to ensure women’s full and equal participation in the economy. The indicators build evidence of the critical relationship between legal gender equality and women’s employment and entrepreneurship. Data in Women, Business and the Law 2024 are current as of October 1, 2023. wbl.worldbank.orgThis book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is…
contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA.Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access, exceptions, trade facilitation, rules of origin and non-tariff barriers, the book also discusses trade remedies, dispute settlement, investment, intellectual property and completion policy. Additionally, human rights, corporate social responsibility and sustainable development principles are discussed, alongside small and medium-sized enterprises (SMEs), digital trade and gender in economic integration.The book will be of interest to students, instructors, practitioners and nonpractitioners in this area of international economic law.Racial Justice and the Limits of Law
By Bharat Malkani. 2024
Racial justice is never far from the headlines. The Windrush Scandal, the toppling of the statue of Edward Colston and…
racism within the police have all recently captured the public’s attention and generated legal action. But, although the ideals of the legal system such as fairness and equality, seem allied to the struggle for racial justice, all too often campaigners have been let down by the system. This book examines law’s troubled relationship with racial justice. It explains that law’s historical role in creating and perpetuating racial injustices continues to stifle its ability to advance the cause of racial justice today. Both a lawyer’s guide to anti-racism and an anti-racist’s guide to legal action, it unites these perspectives to help both groups understand how to use the law to tackle racial injustices.Belonging without Othering: How We Save Ourselves and the World
By John A. Powell, Stephen Menendian. 2024
The root of all inequality is the process of othering – and its solution is the practice of belonging We…
all yearn for connection and community, but we live in a time when calls for further division along the well-wrought lines of religion, race, ethnicity, caste, and sexuality are pervasive. This ubiquitous yet elusive problem feeds on fears – created, inherited – of the "other." While the much-touted diversity, equity, and inclusion initiatives are undeniably failing, and activists narrowly focus on specific and sometimes conflicting communities, Belonging without Othering prescribes a new approach that encourages us to turn toward one another in unprecedented and radical ways. The pressures that separate us have a common root: our tendency to cast people and groups in irreconcilable terms – or the process of "othering." This book gives vital language to this universal problem, unveiling its machinery at work across time and around the world. To subvert it, john a. powell and Stephen Menendian make a powerful and sweeping case for adopting a paradigm of belonging that does not require the creation of an "other." This new paradigm hinges on transitioning from narrow to expansive identities – even if that means challenging seemingly benevolent forms of community-building based on othering. As the threat of authoritarianism grows across the globe, this book makes the case that belonging without othering is the necessary, but not the inevitable, next step in our long journey toward creating truly equitable and thriving societies. The authors argue that we must build institutions, cultivate practices, and orient ourselves toward a shared future, not only to heal ourselves, but perhaps to save our planet as well. Brimming with clear guidance, sparkling insights, and specific examples and practices, Belonging without Othering is a future-oriented exploration that ushers us in a more hopeful direction.Other books remind us of what we already know—that privacy is under great pressure. James Rule provides a step-by-step plan…
to create a significantly more private and authentically democratic world. Taking Privacy Seriously offers both a concise, hard-hitting assessment of the origins of today’s privacy-eroding practices and a roadmap for creating robust new individual rights over our personal data. Rule proposes eleven key reforms in the control and use of personal information, all aimed at redressing the balance of power between ordinary citizens and data-hungry corporate and government institutions. What a privacy-deprived America needs most is not less technology, Rule argues, but profound political realignment. His eleven proposed reforms range from launching a major public-works investment consisting of a series of websites publicly documenting the personal data uses of nearly all government and private institutions; to instating a right for any citizen to withdraw from any personal data system not required by law; to creating a universal property right over commercial exploitation of data on oneself—so that no company or other organization could profit from use or sale of such data without permission. Succinct and compelling, Taking Privacy Seriously explains how we can refashion information technologies so that they serve human needs, not the other way around.Planning for Equitable Urban Agriculture in the United States: Future Directions for a New Ethic in City Building (Urban Agriculture)
By Samina Raja, Marcia Caton Campbell, Alexandra Judelsohn, Branden Born, Alfonso Morales. 2023
This open access book, building on the legacy of food systems scholar and advocate, Jerome Kaufman, examines the potential and…
pitfalls of planning for urban agriculture (UA) in the United States, especially in how questions of ethics and equity are addressed. The book is organized into six sections. Written by a team of scholars and practitioners, the book covers a comprehensive array of topics ranging from theory to practice of planning for equitable urban agriculture. Section 1 makes the case for re-imagining agriculture as central to urban landscapes, and unpacks why, how, and when planning should support UA, and more broadly food systems. Section 2, written by early career and seasoned scholars, provides a theoretical foundation for the book. Section 3, written by teams of scholars and community partners, examines how civic agriculture is unfolding across urban landscapes, led largely by community organizations. Section 4, written by planning practitionersand scholars, documents local government planning tied to urban agriculture, focusing especially on how they address questions of equity. Section 5 explores UA as a locus of pedagogy of equity. Section 6 places the UA movement in the US within a global context, and concludes with ideas and challenges for the future. The book concludes with a call for planning as public nurturance – an approach that can be illustrated through urban agriculture. Planning as public nurturance is a value-explicit process that centers an ethics of care, especially protecting the interests of publics that are marginalized. It builds the capacity of marginalized groups to authentically co-design and participate in planning/policy processes. Such a planning approach requires that progress toward equitable outcomes is consistently evaluated through accountability measures. And, finally, such an approach requires attention to structural and institutional inequities. Addressing these four elements is more likelyto create a condition under which urban agriculture may be used as a lever in the planning and development of more just and equitable cities. This is an open access book.This is an open access book.Spider Woman: A Life – by the former President of the Supreme Court
By Lady Hale. 2021
Lady Hale is an inspirational figure admired for her historic achievements and for the causes she has championed. Spider Woman…
is her story. As 'a little girl from a little school in a little village in North Yorkshire', she only went into the law because her headteacher told her she wasn't clever enough to study history. She became the most senior judge in the country but it was an unconventional path to the top. How does a self-professed 'girly swot' get ahead in a profession dominated by men? Was it a surprise that the perspectives of women and other disadvantaged groups had been overlooked, or that children's interests were marginalised? A lifelong smasher of glass-ceilings, who took as her motto 'women are equal to everything', her landmark rulings in areas including domestic violence, divorce, mental health and equality were her attempt to correct that. As President of the Supreme Court, Lady Hale won global attention in finding the 2019 prorogation of Parliament to be unlawful. Yet that dramatic moment was merely the pinnacle of a career throughout which she was hailed as a pioneering reformer. Wise, warm and inspiring, Spider Woman shows how the law shapes our world and supports us in crisis. It is the story of how Lady Hale found that she could overcome the odds, which shows that anyone from similar beginnings will find that they can cope too.Speaking with Confidence (Penguin Business Experts Series)
By Nick Gold. 2020
Does the thought of delivering a presentation make your heart skip a beat? Do your pitches fall flat no matter…
how much preparation you put in? Are you often comparing yourself to more eloquent speakers and wondering how they capture the room?At some point in our careers we will need to speak in front of an audience; whether to present our ideas to a group of five in a meeting, pitch for investment in front of a panel or deliver a keynote speech to one thousand delegates. Yet glossophobia, or the fear of public speaking, is incredibly common and can inhibit our chances of career progression by up to 15%. In Speaking with Confidence, Expert and managing director of Speakers' Corner Nick Gold, shows how anyone can learn to be a confident public speaker and use their surroundings to give them the support and structure they need to achieve maximum impact and success from their speech. His decades of experience coaching and producing some of the best speakers in the country have been condensed here into one expert guide to help you connect with your audience every time.Since I Was a Princess: The Fourteen-Year Fight to Find My Children
By Jacqueline Pascarl. 2007
In Once I Was a Princess, Jacqueline Pascarl related the gripping story of her abusive childhood and her subsequent teen…
marriage to a prince. What should have been a fairy tale with a happy ending deteriorated into a nightmare of deceit and betrayal - ending in the kidnapping of her two small children by her former husband, who spirited them back to Malaysia.In Since I Was a Princess, Pascarl peels back the layers of her life after the abduction. She tells how she channelled her grief, forging an existence as an aid worker and humanitarian ambassador in war-torn countries and working with refugees and the dispossessed. She describes how she persuaded some of the world's most influential figures to support her aid work and became a human rights activist on the international stage, championing the cause of other parents whose children had been kidnapped and reuniting scores of families.Pascarl also explains how she lived frenetically as she painfully rebuilt her life and re-evaluated her relationships, grappling with the emotional complexities of a new pregnancy and beginning a second family. And she reveals for the first time the dramatic details of how, at last, she was able to be reunited with her long-lost children and make her family whole.Candid and compelling, Since I Was a Princess is an unforgettable ride through tragedy, loss and, finally, triumph.Fundamentals of Digital Forensics: A Guide to Theory, Research and Applications (Texts in Computer Science)
By Joakim Kävrestad, Marcus Birath, Nathan Clarke. 2024
This textbook describes the theory and methodology of digital forensic examinations, presenting examples developed in collaboration with police authorities to…
ensure relevance to real-world practice. The coverage includes discussions on forensic artifacts and constraints, as well as forensic tools used for law enforcement and in the corporate sector. Emphasis is placed on reinforcing sound forensic thinking, and gaining experience in common tasks through hands-on exercises.This enhanced third edition describes practical digital forensics with open-source tools and includes an outline of current challenges and research directions.Topics and features:Outlines what computer forensics is, and what it can do, as well as what its limitations areDiscusses both the theoretical foundations and the fundamentals of forensic methodologyReviews broad principles that are applicable worldwideExplains how to find and interpret several important artifactsDescribes free and open-source software toolsFeatures content on corporate forensics, ethics, SQLite databases, triage, and memory analysisIncludes new supporting video lectures on YouTubeThis easy-to-follow primer is an essential resource for students of computer forensics, and will also serve as a valuable reference for practitioners seeking instruction on performing forensic examinations.The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA)In 1982, the Supreme Court of…
the United States ruled in Plyler v. Doe that undocumented children had the right to attend public schools without charge or impediment, regardless of their immigration status. The ruling raised a question: what if undocumented students, after graduating from the public school system, wanted to attend college? Perchance to DREAM is the first comprehensive history of the DREAM Act, which made its initial congressional appearance in 2001, and Deferred Action for Childhood Arrivals (DACA), the discretionary program established by President Obama in 2012 out of Congressional failure to enact comprehensive immigration reform. Michael A. Olivas relates the history of the DREAM Act and DACA over the course of two decades.With the Trump Administration challenging the legality of DACA and pursuing its elimination in 2017, the fate of DACA is uncertain. Perchance to DREAM follows the political participation of DREAMers, who have been taken hostage as pawns in a cruel game as the White House continues to advocate anti-immigrant policies. Perchance to DREAM brings to light the many twists and turns that the legislation has taken, suggests why it has not gained the required traction, and offers hopeful pathways that could turn this darkness to dawn.From Land Disputes to Sustainable Environmental Development: A Near East Perspective
By Ozay Mehmet, Vedat Yorucu. 2024
This book is written to transform land disputes toward win-win outcomes utilizing the latest sustainable development theory. Land has always been…
a source of conflict, a contest of competing homelands and ideologies, but it can also act as an agency of peace-making, promoting economic and social development. This dualism will be the theme of this book as there is a dearth of studies exclusively focused on land. The book's coverage is comprehensive, examining land and property disputes with case studies in modern times along with a problem-solving approach utilizing such economic theorems as Location and Growth Poles theories. The UN’s Sustainable Development Goals will be used as our over-arching framework. The overall aim of the book is to transform land disputes toward win-win outcomes utilizing latest sustainable development theory.The United Nations Convention on the Law of the Sea: A System of Regulation (Globalization: Law and Policy)
By Kristina Siig, Birgit Feldtmann, Fenella M.W. Billing. 2024
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many…
to be one of the most important legislative achievements of international law. It is revered as a "constitution of the oceans", providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulation, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS’ interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come.As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.Human Rights and the UN Universal Periodic Review Mechanism: A Research Companion
By Damian Etone, Amna Nazir, Alice Storey. 2024
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human…
rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements.The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future.The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.