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Hidden Healers: The Unexpected Ways Women in Prison Help Each Other Survive
By Stephanie S. Covington. 2024
A gripping and deeply-felt examination of incarcerated women's lives With unflinching clarity, Hidden Healers cuts through the myths about incarcerated…
women to expose the all-too-real brutalities they face within a criminal legal system never designed for them. Backed by three decades' experience providing therapeutic programs inside prisons across the United States, trauma specialist Dr. Stephanie Covington has used her unique access to amplify the voices of the women themselves. Their stories illuminate realities most never see: that most women who get caught up in the criminal justice system have themselves been victims of harm, that the degradations of today's prisons and jails only magnify their trauma- and that incarcerated women regularly risk punishment to tend to one another's well-being in unexpected acts of kindness. Grounded in research and rich with personal narrative, Hidden Healers is a poignant and riveting look inside women's prisons and jails- and what we can do to help.Recreating Creativity, Reinventing Inventiveness: AI and Intellectual Property Law (Law and Change)
By Nikos Koutras and Niloufer Selvadurai. 2024
As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is…
whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change.The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.An allegation is made that a war crime was committed by a soldier during a conflict. Who should investigate the…
allegation? How should they investigate?This book explores a topic of critical importance in legal and policy discussions surrounding the accountability of military operations in armed conflict, and problematises some presumptions that are often made about the topic. The work provides the international legal framework necessary to address these questions and establishes the precise standards of independence and impartiality as applicable to investigations in armed conflict. It questions the assumption that the standards of independence and impartiality of investigations should be measured in the same way that we measure these standards for judges, courts, and tribunals. It also explores the ways in which military institutions and culture, as well as the context of armed conflict, may impact on the effectiveness of investigations or the perception of justice by those affected. By demonstrating the precise ways in which military investigations can contribute to or hinder the effectiveness of investigations, the book clarifies States’ responsibilities with regard to their accountability efforts for serious violations of international law in armed conflict. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of international humanitarian law, international human rights law, as well as political science and military ethics.This book provides a critical analysis of the enforcement regime for breach of directors’ duties in sub-Saharan Africa. Focusing on…
Nigeria, Kenya, Ghana, and Tanzania, it interrogates the current ‘state of play’ regarding the enforcement of directors’ duties in sub-Saharan African countries.The book examines the effectiveness of enforcement, the reasons for its successes or failures and how it might be improved in these countries. Finally, taking into consideration the specific socio-cultural context of the countries in question, it offers persuasive and practical avenues for reform.This book will be of interest to scholars and practitioners of comparative corporate law and corporate governance in Africa.Mozambique's Cabo Delgado Conflict: International Humanitarian Law and Regional Security (Routledge Studies in Peace, Conflict and Security in Africa)
By Marko Svicevic, Martha M. Bradley. 2024
This book uses a multidisciplinary approach to examine the ongoing conflict in Mozambique’s Cabo Delgado province, which has killed thousands…
and displaced a million people since 2017.The book investigates how the conflict developed, the regional and international responses and its wider implications. From a broad range of African perspectives, the book addresses issues related to the conflict including international humanitarian law, regional security and terrorism. Part I assesses the regional security concerns of the conflict, the success of cross-border counter-terrorism operations and their implications for the southern African region. Part II focuses on the conflict in relation to international humanitarian law. It discusses the Islamic State's presence in the region, the trajectory and issues pertaining to sexual and gender-based violence and the relationship between the conflict and the environment. Finally, Part III examines regional and continental responses to the conflict, from the military intervention by the Southern African Development Community and Rwanda, to the perceived inaction of the African Union.The first comprehensive analysis of the conflict in Cabo Delgado, this book will be of interest to scholars and practitioners of international humanitarian law, security, African politics, war and conflict studies, terrorism and human rights.Children, the Law and the Welfare Principle: European Judicial Perspectives (Children and the Law)
By Kerry O'Halloran. 2024
This book continues the themes addressed by its five predecessors in this series by examining the role of the principle…
of the welfare interests of the child as addressed in international legislation and by international courts.It provides a record of the key cases in the development of the principle as articulated primarily by the European Court of Human Rights (ECtHR) and complemented by rulings of the Court of Justice of the European Union (CJEU), and the United Nations Committee on the Rights of the Child (UN CRC). It identifies and assesses themes arising from the many decades of ECtHR cases dealing with issues affecting the welfare interests and rights of children as referred to the Court from the 46 Member States that comprise the Council of Europe. By differentiating between the functions of the welfare principle and those of children’s rights – in the public (care, protection, and control), in the private (matrimonial, adoption, etc.), and in the hybrid (adoption from state care, etc.) sectors of family law – it reveals how the law relating to children is changing across Europe. By examining the international framework of legislation and related caselaw it identifies and assesses the themes in that law as they have unfolded over time.In addition to a digest of international cases and legislation – that identifies and tracks the role of the welfare principle and the emerging rights of children – lawyers, academics, and other researchers will find a wealth of information on how the law has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others – such as proportionality and subsidiarity – within both civil and criminal contexts.Prabhash Ranjan explores the two competing narratives of investor-state dispute settlement (ISDS) and focuses on the six ISDS cases India…
lost. On the one hand, ISDS is chastised for affronting the State’s sovereign regulatory power – the Philip Morris narrative. On the other hand, ISDS allows investors to hold States accountable for abuse of public power – the Yukos narrative. This book argues that India’s ISDS story resembles the Yukos narrative.With a focus on six case studies, this book examines the reasons that led to foreign investors suing India and the following developments. These ISDS claims are divided into four categories: a case arising from judicial actions, claims brought because of the cancellation of a contract to lease spectrum, conflicts resulting from the imposition of retroactive taxes, and disputes arising from the actions of sub-national governments. Based on India’s recent treaty practice, the book also contends that India is de-legalizing and de-judicializing international investment law. By telling India’s ISDS story, the book drives home the point that rectifying the ISDS system's flaws requires both narratives' centrality. Excessive focus on the Philip Morris narrative will replace the existing imbalances with a new one where the scale tilts towards the States to the detriment of foreign investment.This is a useful reference for scholars and practitioners interested in ISDS and its implications for India.Community Courts and Postcolonial Legal Pluralism: Criminal Justice in Mozambique
By Tina Lorizzo. 2024
By focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In…
Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.Global Discord: Values and Power in a Fractured World Order
By Paul Tucker. 2022
How to sustain an international system of cooperation in the midst of geopolitical struggleCan the international economic and legal system…
survive today’s fractured geopolitics? Democracies are facing a drawn-out contest with authoritarian states that is entangling much of public policy with global security issues. In Global Discord, Paul Tucker lays out principles for a sustainable system of international cooperation, showing how democracies can deal with China and other illiberal states without sacrificing their deepest political values. Drawing on three decades as a central banker and regulator, Tucker applies these principles to the international monetary order, including the role of the U.S. dollar, trade and investment regimes, and the financial system.Combining history, economics, and political and legal philosophy, Tucker offers a new account of international relations. Rejecting intellectual traditions that go back to Hobbes, Kant, and Grotius, and deploying instead ideas from David Hume, Bernard Williams, and modern mechanism-design economists, Tucker describes a new kind of political realism that emphasizes power and interests without sidelining morality. Incentives must be aligned with values if institutions are to endure. The connecting tissue for a system of international cooperation, he writes, should be legitimacy, creating a world of concentric circles in which we cooperate more with those with whom we share the most and whom we fear the least.Are you discouraged by our divided, angry culture, where even listening to a different perspective sometimes feels impossible? If so,…
you're not alone, and it doesn't have to be this way. Learning to Disagree reveals the surprising path to learning how to disagree in ways that build new bridges with our neighbors, coworkers, and loved ones--and help us find better ways to live joyfully in a complex society.In a tense cultural climate, is it possible to disagree productively and respectfully without compromising our convictions? Spanning a range of challenging issues--including critical race theory, sexual assault, campus protests, and clashes over religious freedom--highly regarded thought leader and law professor John Inazu helps us engage honestly and empathetically with people whose viewpoints we find strange, wrong, or even dangerous.As a constitutional scholar, legal expert, and former litigator, John has spent his career learning how to disagree well with other people. In Learning to Disagree, John shares memorable stories and draws on the practices that legal training imparts--seeing the complexity in every issue and inhabiting the mindset of an opposing point of view--to help us handle daily encounters and lifelong relationships with those who see life very differently than we do.This groundbreaking, poignant, and highly practical book equips us to:Understand what holds us back from healthy disagreementLearn specific, start-today strategies for dialoguing clearly and authenticallyMove from stuck, broken disagreements to mature, healthy disagreementsCultivate empathy as a core skill for our personal lives and our whole society If you are feeling exhausted from the tattered state of dialogue in your social media feed, around the country, and in daily conversations, you're not alone. Discover a more connected life while still maintaining the strength of your convictions through this unique, often-humorous, thought-provoking, and ultimately life-changing exploration of the best way to disagree.This book uncovers the influence of racial and prejudicial stereotyping during police investigation of suspects from stigmatised communities. The book…
examines the under-researched aspect of whether and how negative stereotypes appear to influence the police interviews, investigative decision-making, and outcomes of criminal investigations when officers investigate individuals from stigmatised communities as suspects of crime.In the United Kingdom, the United States, and Europe, the war on terror has been argued to impact adversely on existing race relations policies in the aftermath of terrorist activity in both the United States and Europe. Recent research has suggested that changes in legislation and counterterrorism measures have contributed to the construction and reinforcement of the Muslim community as a suspect, which, in turn, may result in police bias and prejudice towards members of Muslim communities. Based on novel and groundbreaking research studies, the author examines whether such police bias could influence the police investigation and interviewing processes concerning individuals from the suspect community as well as the outcome of a criminal investigation.The author introduces the Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS), an instrument developed and used to assess the level of police interviewers’ racial and prejudicial stereotyping towards suspects from stigmatised groups, and maintains that its use would serve to minimise the influence of racial and prejudicial stereotypes on investigation. It is further suggested that the training of police officers on the implications of such prejudicial (racial/ religious) stereotyping is essential to improving interviewing performance, case outcomes, and community cohesion.This book will benefit academics, researchers, police officers, lawyers, social policy officers, and probation officers across the globe.International Economic Law in the Era of Datafication (Cambridge International Trade and Economic Law)
By null Shin-yi Peng. 2024
This book addresses the challenges of datafication through the lens of international economic law. We are undergoing a wave of…
datafication practices. If such practices simply continue to evolve without being examined and repaired along the existing path of development, the same issues will continue to accumulate and will more than likely be amplified. The unprecedented economic and social influence of big tech has served as the catalyst for the concept of 'digital sovereignty,' which is rooted in the need to safeguard regulatory autonomy in a datafied world. The current wave of data-driven innovations has placed the policy debates on digital trade and data governance into an even more challenging context. The book – whose chapters are connected by the many facets of 'data' - systematically explains how international economic law can reduce the perils of datafication instead of enhancing them. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.Constitutional Law: Undergraduate Edition, Volume 2 (Higher Education Coursebook Ser.)
By Gregory Maggs, Peter Smith. 2021
This edition of the casebook is designed specifically for use by undergraduate and graduate students who are interested in Constitutional…
Law but who are not law students. The casebook differs from many other textbooks aimed at this audience because it enables students to read the Supreme Court’s decisions rather than just reading about them. To make this possible, the casebook defines legal terms, explains court procedures, and provides other background information that would be unfamiliar to non-law students. In writing the book, the authors have strived to make constitutional law easily teachable and readily accessible. They have selected the cases very carefully and provided extensive excerpts of the opinions so that students get a good sense of the Court's reasoning. Text boxes call the students' attention to important aspects of each opinion, and the book is filled with introductions, points for discussion, hypotheticals, and executive summaries. The authors present a diversity of views on every subject, and, reflecting some of their own disagreements, the authors have written point-counterpoint discussions on many disputed questions.Family Law, Cases And Materials (University Casebook Ser.)
By Judith Areen, Marc Spindelman, Philomila Tsoukala, Solangel Maldonado. 2019
The Seventh Edition of Cases and Materials on Family Law offers students a comprehensive and engaging introduction to family law…
with a distinctive focus on how large-scale social inequalities structure, and are structured by, family law. The Seventh Edition spotlights issues of race, ethnicity, gender, sexuality, trans, and class inequalities―often at their intersections―across the entirety of the book in ways that mark the book as squarely in the present, but informed by a sense of history to help students imagine the future of family law. The Seventh Edition features a revamped introductory chapter with voices from across the political spectrum designed to get students excited about the course from day one, along with new materials on children, especially child custody and welfare, and comprehensive engagement with assisted reproduction. For student experience, the Seventh Edition includes a range of experiential tools, including problems on the financial aspects of divorce and support and a comprehensive divorce negotiation exercise, that give students a taste for practice in the field.Women And The Criminal Justice System
By Katherine Van Wormer, Clemens Bartollas. 2014
An empowerment approach to women in the criminal justice system. Women and the Criminal Justice System, Fourth Edition, presents an…
up-to-date analysis of women as victims of crime, as offenders, and as professionals in the justice system. The text features an empowerment approach is unified by underlying themes of the intersection of gender, race, and class; and evidence-based research. Personal narratives highlight the information provided to help students connect the text material with real-life situations. An emphasis on critical thinking teaches students to look beyond media hype concerning female offenders to study the real stories behind women affected by and working in the justice system.This book examines the intricate dynamics of when individuals adhere to laws, taking into account the context in which laws…
attempt to shape human behavior. While existing literature touches upon various reasons why people comply with laws, the book focuses on a critical question which has been missing from the discussion: when do people obey laws? By treating law as a form of social communication, it develops an integrated framework to answer this question. It explores how social, psychological, and institutional conditions shape compliance decisions of individuals. What does a law signify? When does the compulsion to obey arise? When do individuals comply out of a fear for legal sanctions or social repercussions? Why do some laws have high symbolic values and others fail despite harsh punishments? The book unveils the contextual intricacies that underlie obedience to law. It challenges conventional wisdom and offers a fresh perspective on the power and limitationsof law in shaping human behavior. For scholars and academics seeking a deeper understanding of legal compliance and role of law in shaping behaviors, this book will be an indispensable resource.What It Feels Like: Visceral Rhetoric and the Politics of Rape Culture (Rhetoric and Democratic Deliberation)
By Stephanie R. Larson. 2021
Winner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book AwardWinner of the 2022 Winifred…
Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and CompositionWhat It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to “science” and “hard evidence,” Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as “emotional.” But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.Passing to América: Antonio (Née María) Yta’s Transgressive, Transatlantic Life in the Twilight of the Spanish Empire
By Thomas A. Abercrombie. 2018
In 1803 in the colonial South American city of La Plata, Doña Martina Vilvado y Balverde presented herself to church…
and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a “woman in disguise.” Forced to submit to a medical inspection that revealed a woman’s body, Don Antonio confessed to having been María Yta, but continued to assert his maleness and claimed to have a functional “member” that appeared, he said, when necessary.Passing to América is at once a historical biography and an in-depth examination of the sex/gender complex in an era before “gender” had been divorced from “sex.” The book presents readers with the original court docket, including Don Antonio’s extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybañez of her “son María,” both in English translation and the original Spanish. Thomas A. Abercrombie’s analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/María and contemporaries can teach us about the complexities of the relationship between sex and gender today.Passing to América brings to light a previously obscure case of gender transgression and puts Don Antonio’s life into its social and historical context in order to explore the meaning of “trans” identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history.This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)—a collaboration of the Association of American Universities, the Association of University Presses and the Association of Research Libraries—and the generous support of New York University. Learn more at the TOME website: openmonographs.org.Understanding Victimology: An Active-Learning Approach
By Shelly Clevenger, Jordana N. Navarro, Catherine D. Marcum, George E. Higgins. 2024
Understanding Victimology: An Active Learning Approach is the only textbook with extensive discussion of both online and offline victimization reinforced…
by group and individual learning activities. Our textbook offers instructors a variety of active learning exercises – in the book itself and in the authors’ ancillaries – that engage students in the material and shed light on the experiences of marginalized social groups. Through these activities, students become engaged with the material at a higher level of learning. They learn how victimization happens and the challenges people who experience crime face in acquiring assistance from the criminal-legal system at a more intimate level instead of simply reading about it. Students also build their abilities to work with others in a collaborative learning environment, encouraging professional socialization for the future. The chapters in this second edition address gaps in information typically presented in victimology that ignore prevention or intervention, even though these topics are currently at the forefront of the national conversation going on about sexual violence in higher education. New to this edition are added coverage of immigrants and minorities and new chapters on the media and victimization and on victimization across the gender spectrum, as well as an online instructor resource covering UK case studies, legal framework, and social context that broadens the book’s global appeal. Suitable for undergraduate courses in victimology, this book also serves the needs of sociology and women’s studies courses and can be taught university-wide as part of diversity and inclusion initiatives.Democracy, Protest and the Law: Defending a Democratic Right
By Michael Head. 2024
In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity…
measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.