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Domestic Judicial Treatment of European Court of Human Rights Case Law: Beyond Compliance (Routledge Research in Human Rights Law)
By David Kosař, Jan Petrov, Katarína Šipulová, Hubert Smekal, Ladislav Vyhnánek, Jozef Janovský. 2020
The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis…
undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. It moves beyond the narrow concept of compliance and develops a new three-level methodology for analysing the role played by domestic courts in the implementation of ECtHR case law. Moreover, using the example of Czechia, it shifts the attention from Western countries to a more volatile Central and Eastern European region, which has recently witnessed democratic backsliding and backlash against international checks on human rights and the rule of law standards. Looking at a wider social and legal context, this book identifies factors helping transitional countries to adapt to regional human rights regimes. The work will be an essential resource for students, academics and policy-makers working in the areas of Constitutional law, Politics and Human Rights law. Its global appeal is enhanced by the methodological framework which is applicable in other international systems.International Law and Violence Against Women: Europe and the Istanbul Convention (Routledge Research in Human Rights Law)
By Vladislava Stoyanova, Johanna Niemi, Lourdes Peroni. 2020
This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications.…
The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.Patent Cultures: Diversity and Harmonization in Historical Perspective (Cambridge Intellectual Property and Information Law #52)
By Graeme Gooday, Steven Wilf. 2020
This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization…
as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.Governing New Frontiers in the Information Age: Toward Cyber Peace
By Scott J. Shackelford. 2020
Many pressing environmental and security threats now facing the international community may be traced to the frontiers. From climate change…
and cyber-attacks to the associated challenges of space weaponization and orbital debris mitigation, solutions to all of these issues have at their root some form of regulation over the 'global commons'. Yet governance over these spaces is now transitioning away from multilateral treaties to regional and bilateral accords. This book makes an original contribution by comparing and contrasting some of the principal issues facing the frontiers. It analyzes how and why existing governance structures are often failing to adequately meet global collective action problems, with special coverage on cybersecurity and Internet governance. It proposes a new way forward incorporating lessons from successful regimes as well as the interdisciplinary scholarship on polycentric governance, arguing that multi-stakeholder collaboration is imperative in order to avoid tragedies of the global commons.Emerging Trends in Psychology, Law, Communication Studies, Culture, Religion, and Literature in the Global Digital Revolution: Proceedings of the 1st International Conference on Social Sciences Series: Psychology, Law, Communication Studies, Culture, Reli
By Yulianto Budi Setiawan, Santi Rahmawati. 2020
The Fourth Industrial Revolution has the potential to raise global income levels and improve the quality of life for populations…
around the world. Technology development of AI, self-driving, big data, the Internet of things, and many digital revolutions have changed how people interact with each other. Therefore, developing a comprehensive and globally shared view of how technology is affecting our lives and reshaping our social, cultural, and human environments is essential. There has never been a time of more significant promise, or one of greater potential peril. Today’s decision-makers, however, are too often trapped in traditional, linear thinking, or too absorbed by the multiple crises demanding their attention, to think strategically about the forces of disruption and innovation shaping our future.The main goal of the conference was to provide an outlet for papers discussing the importance and impact of industrial revolution 4.0 to influence social aspect in human life. The proceedings consist of papers covering issues on psychology, law, communication studies, culture, religion, and literature. The proceedings will provide the latest research and constitute a concise but timely medium for the dissemination.The Proceedings of the 1st International Conference on Social Sciences Series (SOSCIS 2019) will be invaluable to professionals and academics in psychology, law, communication studies, culture, religion, and literature.The Scopes Monkey Trial (Images of America)
By Tom Davis, Randy Moore, William Mccomas. 2016
The 1925 case against high school coach and science teacher John Scopes, arrested for teaching evolution in defiance of a…
Tennessee state law, was America's original "Trial of the Century." The proceedings began as a publicity stunt but grew into a landmark event in the nation's history. The trial featured three-time presidential candidate and fundamentalist leader William Jennings Bryan, who argued on behalf of the prosecution, and famed agnostic attorney Clarence Darrow, who helped defend Scopes. Although the Scopes case produced no legal precedent, the trial has been analyzed by historians, praised and vilified by politicians and preachers, cited in countless legal, political, and theological skirmishes, and retold in plays, movies, museum exhibits, and television documentaries. Images of America: The Scopes Monkey Trial examines the events that captured the attention of the world and still have much to teach us today.Rethinking Patent Law
By Robin Feldman. 2012
Scientific and technological innovations are forcing patent law into the spotlight and revealing its many glaring inadequacies. Take, for example,…
the patent case that almost shut down the Blackberry, or the growing phenomenon of patent trolling, in which patents are acquired for the sole purpose of entrapping companies whose products relate to them. And patents on genes have everyone up in arms-and our courts confused. Robin Feldman explains why patents are causing so much trouble. The problem lies in our assumption that patents set clear boundaries for rights to an invention. In reality, they do no such thing. The very nature of inventions makes them impossible to describe unambiguously for all time. When something is so new that we do not understand yet how it works, what it is capable of doing, or how it could be applied-as is often the case in biotechnology-description is necessarily slippery. Instead of hoping for clear boundaries, and moaning when we don’t get them, Rethinking Patent Law urges lawmakers to focus on what the law can do well: craft rules that anticipate the bargaining that will occur as rights unfold. By steering clear of laws that distort the bargaining process, lawmakers can help courts answer difficult questions, such as whether genes, software, and business methods constitute patentable subject matter, whether patents in the life sciences should control inventions that have yet to be discovered, and how to resolve the battles between pharmaceutical companies and generics.Russian Citizenship: From Empire To Soviet Union
By Eric Lohr. 2012
Russian Citizenship is the first book to trace the Russian state’s citizenship policy throughout its history. Focusing on the period…
from the mid-nineteenth century to the consolidation of Stalin’s power in the 1930s, Eric Lohr considers whom the state counted among its citizens and whom it took pains to exclude. His research reveals that the Russian attitude toward citizenship was less xenophobic and isolationist and more similar to European attitudes than has been previously thought-until the drive toward autarky after 1914 eventually sealed the state off and set it apart. Drawing on untapped sources in the Russian police and foreign affairs archives, Lohr’s research is grounded in case studies of immigration, emigration, naturalization, and loss of citizenship among individuals and groups, including Jews, Muslims, Germans, and other minority populations. Lohr explores how reform of citizenship laws in the 1860s encouraged foreigners to immigrate and conduct business in Russia. For the next half century, citizenship policy was driven by attempts to modernize Russia through intensifying its interaction with the outside world. But growing suspicion toward non-Russian minorities, particularly Jews, led to a reversal of this openness during the First World War and to a Soviet regime that deprived whole categories of inhabitants of their citizenship rights. Lohr sees these Soviet policies as dramatically divergent from longstanding Russian traditions and suggests that in order to understand the citizenship dilemmas Russia faces today-including how to manage an influx of Chinese laborers in Siberia-we must return to pre-Stalin history.Strength in Numbers: The Political Power Of Weak Interests
By Gunnar Trumbull. 2012
Many consumers feel powerless in the face of big industry’s interests. And the dominant view of economic regulators (influenced by…
Mancur Olson’s book The Logic of Collective Action, published in 1965) agrees with them. According to this view, diffuse interests like those of consumers are too difficult to organize and too weak to influence public policy, which is determined by the concentrated interests of industrial-strength players. Gunnar Trumbull makes the case that this view represents a misreading of both the historical record and the core logic of interest representation. Weak interests, he reveals, quite often emerge the victors in policy battles. Based on a cross-national set of empirical case studies focused on the consumer, retail, credit, pharmaceutical, and agricultural sectors, Strength in Numbers develops an alternative model of interest representation. The central challenge in influencing public policy, Trumbull argues, is not organization but legitimation. How do diffuse consumer groups convince legislators that their aims are more legitimate than industry’s? By forging unlikely alliances among the main actors in the process: activists, industry, and regulators. Trumbull explains how these “legitimacy coalitions” form around narratives that tie their agenda to a broader public interest, such as expanded access to goods or protection against harm. Successful legitimizing tactics explain why industry has been less powerful than is commonly thought in shaping agricultural policy in Europe and pharmaceutical policy in the United States. In both instances, weak interests carried the day.Exemptions: Necessary, Justified, or Misguided?
By Kent Greenawalt. 2016
Should laws apply to everyone, or should some people be exempt because of conflicting religious or moral convictions? Through a…
close study of several cases, from abortion to taxes, Kent Greenawalt demonstrates how to weigh competing values without losing sight of practical considerations like the difficulty of implementing a specific law.The Verdict of Battle: The Law Of Victory And The Making Of Modern War
By James Q. Whitman. 2012
Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was…
once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.Slavish Shore: The Odyssey of Richard Henry Dana Jr.
By Jeffrey L. Amestoy. 2015
In 1834 Harvard dropout Richard Henry Dana Jr. became a common seaman, and soon his Two Years Before the Mast…
became a classic. Literary acclaim did not erase the young lawyer's memory of floggings he witnessed aboard ship or undermine his vow to combat injustice. Jeffrey Amestoy tells the story of Dana's determination to keep that vow.High-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties describes an innovative approach for families where children are caught…
up in their parents’ acrimonious relationship - before, during and after formal legal proceedings have been initiated and concluded. This first book in a brand-new series by researchers and clinicians at the Anna Freud National Centre for Children and Families (AFNCCF) outlines a model of therapeutic work which involves children, their parents and the wider family and social network. The aim is to protect children from conflict between their parents and thus enable them to have healthy relationships across both ‘sides’ of their family network. High-Conflict Parenting Post-Separation is written for professionals who work with high-conflict families – be that psychologists, psychiatrists, child and adult psychotherapists, family therapists, social workers, children’s guardians and legal professionals including solicitors and mediators, as well as students and trainees in all these different disciplines. The book should also be of considerable interest for parents who struggle with post-separation issues that involve their children.Criminal Evidence: An Introduction
By Craig Hemmens, John Worrall, Lisa Nored. 2018
Criminal Evidence: An Introduction, Third Edition, provides comprehensive and applied coverage of the rules of evidence, along with numerous case…
excerpts that clearly illustrate those rules. Using engaging, straightforward language, authors John L. Worrall, Craig Hemmens, and Lisa S. Nored offer an invaluable and innovative resource for both students and instructors. Concentrating on the Federal Rules of Evidence, this distinctive text presents in-depth yet accessible coverage of evidentiary law in fourteen succinct chapters. To draw students into this complex subject, the authors explain criminal evidence through a unique blend of text and case excerpts; throughout, these excerpts illuminate the rules in useful, fascinating, and often unusual examples.Contracts in Context: From Transaction to Litigation (Aspen Casebook)
By Nadelle Grossman, Eric Zacks. 2019
This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how…
the law is applied in litigation, Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. It explores how parties contract around default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. It then challenges students to apply that law through transactional and litigation practice and simulation problems.The Anatomy of Fraud and Corruption: Organizational Causes and Remedies
By Tomas Brytting, Richard Minogue, Veronica Morino. 2011
This ground-breaking book explores what happens when the fine line between competitive excellence and fraudulent and corrupt practice is crossed.…
Whilst most fraud literature focuses on the individual perpetrator, The Anatomy of Fraud and Corruption looks at how organizations as a whole and the people within it behave when fraud and corruption occur. By presenting a theoretical basis and a practical methodology for fraud risk awareness training, the book helps risk management professionals, and all those in critical corporate roles to redesign and train their organizations to strengthen their culture and become more resistant and resilient to the ever present threat of fraud and corruption. The Anatomy of Fraud and Corruption demonstrates that what we see as objective facts are not always what they seem. The qualified and uniquely experienced authors present a refreshing interpretation of Cressey's triangle of need, opportunity and rationalization. They employ a drama metaphor to reflect the interaction between fraudsters, victims and bystanders on the organizational stage. Corporate design, management and culture dictate what behaviour is normal or abnormal, whether it be manager and employee behaviour or their ability to become suspicious and question apparently improper actions. Using actual cases and investigations, the organizational conditions that give rise to fraud and corruption are explored. The authors then provide important insights as to how employees may be trained and motivated to reduce the likelihood and impact of fraudulent incidents. Whilst fundamentally a practical guide, this book is also essential reading for academics wanting to stay abreast of the latest developments in the study of ethics, organizational and work psychology and sociology, and criminology.Gower Handbook of Discrimination at Work
By Hazel Conley. 2011
Workplace discrimination is an experience that, despite four decades of equality legislation, continues to blight the lives of thousands every…
year. Discrimination persists on the protected grounds of sex, race, disability, age, sexual orientation, religion or belief and gender reassignment, as well as where no legal protection exists such as in relation to class background or migration status. The Handbook discusses recent changes in equality legislation as well as considering the limitations of legal frameworks in addressing inequality. However, complying with the law is only the first step towards addressing discrimination in the workplace, and the book goes beyond the law and provides evidence of good practice in promoting organisational culture change, as well as considering future directions for policy on equality action. The Gower Handbook of Discrimination at Work looks at both social justice and business case perspectives, and its message is not a negative one. The contributors have considerable depth of understanding of workplace discrimination, both as academics and equality practitioners, their work has contributed to policy formation and all are committed to improving the lives of people at work. They offer insights into existing international developments and make suggestions for the ways in which positive change can be realised. Practitioners, such as human resources professionals and other managers involved in addressing equality at work, trade unionists, equality trainers, and academics concerned with researching or teaching in the areas of employment and equality will all find this book of interest. Furthermore, it will be of value to students in the fields of business and management, employment law, equality and diversity and human resource management.Affect and Legal Education: Emotion in Learning and Teaching the Law (Emerging Legal Education)
By Caroline Maughan, Paul Maharg. 2011
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far…
for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.Contracting for Space: Contract Practice in the European Space Sector
By Ingo Baumann. 2011
Recent significant developments in the European space sector have had an impact on business and the growth of national and…
European commercial space law. This book analyses and assesses the legal issues and key factors influencing the space sector in Europe. It is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.