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Participatory and Digital Democracy at the Local Level: European Discourses and Practices (Contributions to Political Science)
By Gilles Rouet, Thierry Côme. 2023
This edited volume discusses digital democracy at the local level in Europe. Contrasting the political discourse surrounding participatory digital democracy…with actual experiences of implementation, the book provides a wholistic view of digital democracy across Western, Central, and Eastern Europe. The book is divided into three parts. Chapters in Part I analyze discourses about participatory democracy in Europe. Chapters in Part II provide case studies of digital democracy practices at the local level in the EU. Chapters in Part III discuss the risks and challenges associated with digital democracy. Written by a panel of international, interdisciplinary experts, this volume will be of interest to researchers, students, and practitioners across public administration, political science, economics, management, and sociology.
A Decade of Disaster Experiences in Ōtautahi Christchurch: Critical Disaster Studies Perspectives
By Bruce C. Glavovic, Steve Matthewman, Shinya Uekusa. 2022
This book critically surveys a decade of disasters in Ōtautahi Christchurch. It brings together a diverse range of authors, disciplinary…approaches and topics, to reckon with the events that commenced with the 2010-2011 Canterbury earthquake sequence. Each contribution tackles its subject matter through the frame of Critical Disaster Studies (CDS). The events and the subsequent recovery provide a once-in-a-lifetime opportunity to learn from a series of concatenating urban disasters in order to prepare us for our future on an urban planet facing unprecedented environmental pressures. The book focuses on the production of vulnerability, the human dimensions of disaster, the Indigenous response to disasters and the practical lessons that can be drawn from them.
Certified Paralegal Exam Fundamentals
By National Association of Legal Assistants (Editor, Various Roles. 2021
"The book addresses general legal principles and broad areas of concern and is not intended to be a source of…specific legal advice or solutions to particular problems. Rather, its goal is to provide the reader with an overall understanding of legal concepts associated with the CP Exam. <p><p>The purpose of the book is to assist examinees of NALA’s Certified Paralegal (CP) Exam in their preparation to successfully complete the exam and earn the credential. "
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of…minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
The struggle for the right to housing is a battle over property rights and land use. For housing to be…provided as a human need, land must be recognised as a common right. Property, Planning and Protest is a compelling new investigation into public opposition to housing and real estate development. Its innovative materialist approach is grounded in the political economy of land value, and it recognises the conflict between communities and real estate capital as a struggle over land and property rights. Property, Planning and Protest is about a social movement struggling for democratic representation in land-use decisions. The amenity groups it describes champion a democratic plan-led system that allocates land for social and environmental goals. Situating this movement in a history of land reform and common rights, this book sets out a persuasive new vision of democratic planning and affordable housing for all.
Reframing Intellectual Property Law in Sri Lanka: Lessons from the Developing World and Beyond (International Law and the Global South)
By Althaf Marsoof, Kanchana Kariyawasam, Chamila Talagala. 2022
This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a…South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
Transitional Justice in Aparadigmatic Contexts: Accountability, Recognition, and Disruption
By Tine Destrooper, Line Engbo Gissel, and Kerstin Bree Carlson. 2023
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice…into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights.
Sexual History Evidence in Rape Trials: Is the Jury Out? (Routledge Frontiers of Criminal Justice)
By Charlotte Herriott. 2023
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials…and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations. Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that served to mistakenly infer relevance and undermine the perceived credibility of the complainant. The findings discussed within this book are therefore key to addressing the current knowledge gap around the impact of sexual history evidence and are embedded within broader discussions about evidential legitimacy in rape trials. The book draws on good practice observed in other jurisdictions to makes numerous recommendations for change. Aiming to inform academic, policy, and legislative discussions in this area, Sexual History Evidence in Rape Trials will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.
Beyond the Virus: Multidisciplinary and International Perspectives on Inequalities Raised by COVID-19
By Sabrina Germain, Adrienne Yong and Patricia Tuitt. 2023
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the…global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
Marine and Coastal Law: Cases and Materials
By Dennis W. Nixon, Michael J. Daly, Susan E. Farady, Read D. Porter, Julia B. Wyman. 2022
This thoroughly revised and updated third edition of the prestigious Marine and Coastal Law casebook provides an essential overview of…landmark legal decisions and statutory provisions in U.S. marine and coastal law, with a particular emphasis on regulatory changes and legal conflicts involving climate change, coastal resilience/protection, and sea level rise. In addition to a thorough updating of the contents of the second edition (including editorial commentary on every case), this new revised edition features extensive new content, including two entirely new chapters and new "learning objectives" for each chapter. <p><p> Produced by five experts in U.S. marine law, this third edition stands as an accessible and invaluable resource for both lay readers and legal professionals who are seeking greater understanding of the ever-evolving and frequently contentious laws and regulations governing U.S. and international fisheries, maritime shipping and transport, offshore oil and mineral resources, climate change mitigation strategies, coastal protection, marine pollution, and port and harbor operations.
Knock-for-Knock Indemnities and the Law: Contractual Limitation and Delictual Liability (Contemporary Commercial Law)
By Greg Gordon, Kristoffer Svendsen, Endre Stavang. 2023
This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the…parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers.
The One State Reality: What Is Israel/Palestine?
By Barnett, Michael, Nathan J. Brown, Marc Lynch, and Shibley Telhami, eds.. 2023
The One State Reality argues that a one state reality already predominates in the territories controlled by the state of…Israel. The editors show that starting with the one state reality rather than hoping for a two state solution reshapes how we regard the conflict, what we consider acceptable and unacceptable solutions, and how we discuss difficult normative questions. The One State Reality forces a reconsideration of foundational concepts such as state, sovereignty, and nation; encourages different readings of history; shifts conversation about solutions from two states to alternatives that borrow from other political contexts; and provides context for confronting uncomfortable questions such as whether Israel/Palestine is an "apartheid state."
Judgment and Mercy: The Turbulent Life and Times of the Judge Who Condemned the Rosenbergs
By Martin J. Siegel. 2023
In Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous…for condemning Julius and Ethel Rosenberg to death for atomic espionage.In 1951, world attention fixed on Kaufman's courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, spared John Lennon from politically motivated deportation, expanded free speech, brought foreign torturers to justice, and more. Still, the Rosenberg controversy lingered. Decades later, changing times and revelations of judicial misconduct put Kaufman back under siege. Picketers dogged his footsteps as critics demanded impeachment. And tragedy stalked his family, attributed in part to the long ordeal. Instead of propelling him to the Supreme Court, as Kaufman once hoped, the case haunted him to the end.Absorbingly told, Judgment and Mercy brings to life a complex man by turns tyrannical and warm, paranoid and altruistic, while revealing intramural Jewish battles over assimilation, class, and patriotism. Siegel, who served as Kaufman's last law clerk, traces the evolution of American law and politics in the twentieth century and shows how a judge unable to summon mercy for the Rosenbergs nonetheless helped expand freedom for all.
Decolonisation and Legal Knowledge: Reflections on Power and Possibility
By Folúkẹ́ Adébísí. 2023
The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities…and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law
By Alan Dershowitz. 2023
In Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law, Alan Dershowitz—#1 New York…Times bestselling author and one of America&’s most respected legal scholars—analyses the unremitting efforts by political opponents of Donald Trump to &“get&” him—to stop him from running in 2024—at any cost. Alan Dershowitz has been called &“one of the most prominent and consistent defenders of civil liberties in America&” by Politico and &“the nation&’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights&” by Newsweek. Get Trump makes clear that unconstitutional efforts to stop Trump from retaking the presidency challenge the very foundations of our liberty: due process, right to counsel, and free speech. Those who justify these dangerous departures from the rule of law argue that the threat posed by a second Trump presidency is &“different&” and &“immediate,&” while the departures from constitutional norms are longer term and more abstract. Dershowitz explains that defenders of Trump&’s constitutional rights—even those like him who strongly oppose Trump politically—are sought to be silenced; their free speech rights attacked, their integrity questioned, and their careers threatened. Much of the media substitutes advocacy against Trump for objective reporting, while many in academia petition and propagandize against rights they previously valued—all in the interest of getting Trump. The essence of justice is that it must be equally applicable to all, Dershowitz notes. No one is above the law but digging to find crimes in order to influence an election does not constitute the equal application of the law. In order to assure equal application in comparable situations, he proposes two criteria for indicting a likely candidate of the opposing party: the Richard Nixon standard and the Hillary Clinton standard—and most recently, the Joe Biden standard. Get Trump warns that regardless of whether this anti-democratic effort to stop Trump from running succeeds or fails, it is likely to create dangerous precedents that will lie around like loaded weapons ready to be deployed against other controversial candidates, officials, or citizens about whom it can be argued that the danger they pose &“is different.&”
Truth and Repair: How Trauma Survivors Envision Justice
By Judith Lewis Herman. 2023
From one of America&’s most influential psychiatrists, a powerful manifesto for reimagining justice, based on the testimony of trauma survivors…The #MeToo movement brought worldwide attention to sexual violence, but while the media focused on the fates of a few notorious predators who were put on trial, we heard far less about the outcomes of those trials for the survivors of their abuse. The conventional retributive process fails to serve most survivors; it was never designed for them. Renowned trauma expert Judith L. Herman argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them. In Truth and Repair, she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities. Deeply researched and compassionately told, Truth and Repair envisions a new path to justice for all.
Essential Business Law and Practice for SQE1 (Essential Law for SQE1)
By Bill Davies. 2023
Essential Business Law and Practice for SQE1 explains the key principles of business law and practice as required for the…Solicitors Qualifying Examination (SQE) Part 1, in a clear, easy-to-follow style. The key principles of law in each topic are introduced together with concise examples of how each principle can be applied, and the book includes a range of supporting features: ● Commercial awareness talking points reinforce the book’s strong focus on commercial awareness throughout. ● Multiple-choice questions: Each section of the book provides multiple-choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple-choice questions and answers are also provided on the companion website. ● Problem questions: To test understanding and analytical skills applied to practical scenarios. A companion website also provides suggested answers. ● Revision points: Each chapter concludes with a concise list of key revision points. Part of Routledge’s Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the business law and practice element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Business Law and Practice, it is suitable for non-law graduates.
Critical Race Theory, Fourth Edition: An Introduction (Critical America #87)
By Richard Delgado, Jean Stefancic. 2023
A new edition of a seminal text in Critical Race TheorySince the publication of the third edition of Critical Race…Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects ofpublic life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.
Laboring for Justice: The Fight Against Wage Theft in an American City
By Rebecca Berke Galemba. 2023
Laboring for Justice highlights the experiences of day laborers and advocates in the struggle against wage theft in Denver, Colorado.…Drawing on more than seven years of research that earned special recognition for its community engagement, this book analyzes the widespread problem of wage theft and its disproportionate impact on low-wage immigrant workers. Rebecca Galemba focuses on the plight of day laborers in Denver, Colorado—a quintessential purple state that has swung between some of the harshest and more welcoming policies around immigrant and labor rights. With collaborators and community partners, Galemba reveals how labor abuses like wage theft persist, and how advocates, attorneys, and workers struggle to redress and prevent those abuses using proactive policy, legal challenges, and direct action tactics. As more and more industries move away from secure, permanent employment and towards casualized labor practices, this book shines a light on wage theft as symptomatic of larger, systemic issues throughout the U.S. economy, and illustrates how workers can deploy effective strategies to endure and improve their position in the world amidst precarity through everyday forms of convivencia and resistance. Applying a public anthropology approach that integrates the experiences of community partners, students, policy makers, and activists in the production of research, this book uses the pressing issue of wage theft to offer a methodologically rigorous, community-engaged, and pedagogically innovative approach to the study of immigration, labor, inequality, and social justice.
Criminal Legalities and Minorities in the Global South: Rights and Resistance in a Decolonial World (Palgrave Socio-Legal Studies)
By Pablo Ciocchini, George B. Radics. 2023
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of…violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four factors: rebuilding after violent regimes, economic interest behind the violence, entrenched cultural biases, and criminalisation of diversity. It provides scholars from the Global North with important lessons when attempting to impose their own solutions onto nations with a different history and context, or when applying their own laws to migrants from the Global South nations explored in this book. It speaks to legal and social science scholars in the fields of law, sociology, criminology, and social work.