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The Guide to Reflective Practice in Conflict Resolution
By Michael D. Lang. 2019
This book is a commonsense guide to becoming a reflective practitioner, written by a practitioner for practitioners. Relying on actual…
practice situations, stories, and self-guided exercises, it responds to the questions: Why should professionals care about reflective practice? How do its principles and methods increase competence? What characteristics distinguish reflective practitioners? Every person in a conflict resolution process sees the world differently and acts in a distinctive manner. Yet, by following well-developed practice routines, practitioners often fail to consider the unpredictability of human interactions and overlook behaviors that are inconsistent with their expectations. To respond effectively to surprising and unpredictable events, this book encourages practitioners to adapt their thinking, so they can use their knowledge and skills when situations do not match their assumptions or are inconsistent with their practice routines.Expropriation is a hotly debated issue in international investment law. This is the first study to provide a detailed analysis…
of its norm-theoretical dimension, setting out the theoretical foundations underlying its understanding in contemporary legal scholarship and practice. Jörg Kammerhofer combines a doctrinal discussion with a theoretical analysis of the structure of the law in this area, undertaking a novel approach that critically re-evaluates existing case-law and writings. His approach critiques the arguments for a single expropriation norm based on custom, interpretation and arbitral precedents within international investment law, drawing also on generalist international legal thought, to show that both cosmopolitan and sovereigntist arguments are largely political, not legal. This innovative work will help scholars to understand the application of theory to investment law and help specialists in the field to improve their arguments.Anti-Drug Policies in Colombia: Successes, Failures, and Wrong Turns (Vanderbilt Center for Latin American Studies Series)
By Alejandro Gaviria, Daniel Mejía; translated by Jimmy Weiskopf. 2017
Forty years after the declaration of the "war on drugs" by President Nixon, the debate on the effectiveness and costs…
of the ban is red-hot. Several former Latin American presidents and leading intellectuals from around the world have drawn attention to the ineffectiveness and adverse consequences of prohibitionism. This book thoroughly analyzes the drug policies of one of the main protagonists in this war. The book covers many topics: the economics of drug production, the policies to reduce consumption and decrease supply during the Plan Colombia, the effects of the drug problem on Colombia's international relations, the prevention of money laundering, the connection between drug trafficking and paramilitary politics, and strategies against organized crime. Beyond the diversity in topics, there is a common thread running through all the chapters: the need to analyze objectively what works and what does not, based on empirical evidence. Presented here for the first time to an English-speaking audience, this book is a contribution to a debate that urgently needs to transcend ideology and preconceived opinions.Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys
By Susannah Sheffer. 2013
How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through…
conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.) Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?Battering States: The Politics of Domestic Violence in Israel
By Madelaine Adelman. 2017
Battering States explores the most personal part of people's lives as they intersect with a uniquely complex state system. The…
book examines how statecraft shapes domestic violence: how a state defines itself and determines what counts as a family; how a state establishes sovereignty and defends its borders; and how a state organizes its legal system and forges its economy. The ethnography includes stories from people, places, and perspectives not commonly incorporated in domestic violence studies, and, in doing so, reveals the transformation of intimate partner violence from a predictable form of marital trouble to a publicly recognized social problem. The politics of domestic violence create novel entry points to understanding how, although women may be vulnerable to gender-based violence, they do not necessarily share the same kind of belonging to the state. This means that markers of identity and power, such as gender, nationality, ethnicity, religion and religiosity, and socio-economic and geographic location, matter when it comes to safety and pathways to justice. The study centers on Israel, where a number of factors bring connections between the cultural politics of the state and domestic violence into stark relief: the presence of a contentious multinational and multiethnic population; competing and overlapping sets of religious and civil laws; a growing gap between the wealthy and the poor; and the dominant presence of a security state in people's everyday lives. The exact combination of these factors is unique to Israel, but they are typical of states with a diverse population in a time of globalization. In this way, the example of Israel offers insights wherever the political and personal impinge on one another.How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
By Fran Quigley. 2014
A cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in…
Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent…
to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.Bioethics Mediation: A Guide to Shaping Shared Solutions, Revised and Expanded Edition
By Nancy Neveloff Dubler, Carol B. Liebman. 2011
Bioethics Mediation offers stories about patients, families, and health care providers enmeshed in conflict as they wrestle with decisions about…
life and death. It provides guidance for those charged with supporting the patient's traditional and religious commitments and personal wishes. Today's medical system, without intervention, privileges those within shared cultures of communication and disadvantages those lacking power and position, such as immigrants, the poor, and nonprofessionals. This book gives clinical ethics consultants, palliative care providers, and physicians, nurses, and other medical staff the tools they need to understand and manage conflict while respecting the values of patients and family members. Conflicts come in different guises, and the key to successful resolution is early identification and intervention. Every bioethics mediator needs to be prepared with skills to listen, "level the playing field," identify individual interests, explore options, and help craft a "principled resolution" -- a consensus that identifies a plan aligned with accepted ethical principles, legal stipulations, and moral rules and that charts a clear course of future intervention. The organization of the book makes it ideal for teaching or as a handbook for the practitioner. It includes actual cases, modified to protect the privacy of patients, providers, and institutions; detailed case analyses; tools for step-by-step mediation; techniques for the mediator; sample chart notes; and a set of actual role plays with expert mediator and bioethics commentaries. The role plays include: - discharge planning for a dying patient - an at-risk pregnancy - HIV and postsurgical complications in the ICU - treatment for a dying adolescent - dialysis and multiple systems failure Expanded by two-thirds from the 2004 edition, the new edition features two new role plays, a new chapter on how to write chart notes, and a discussion of new understandings of the role of the clinical ethics consultant.Whither the West?: International Law in Europe and the United States (ASIL Studies in International Legal Theory)
By Guglielmo Verdirame, Chiara Giorgetti. 2021
On a variety of international legal matters, relations between the US and European countries are evolving and even diverging. In…
an ever-changing world, understanding the reasons for this increasing dichotomy is fundamental and has a profound impact on our understanding of world dynamics and globalization and, ultimately, on our awareness of where the West is going. This interdisciplinary volume proposes new frameworks to understand the differences in approach to international law in the US and Europe. To explain the theoretical and historical underpinnings of the diverging views, the expert essays present new research and develop innovative conclusions. They assess and explore issues such as the idea of sovereignty, constitutional law, the use of force, treaty law and international adjudication. Leading authorities in different disciplines including law and political science, the contributors engage in a new dialogue and develop a new discourse on inter-Atlantic views.Lawyering an Uncertain Cause: Immigration Advocacy and Chinese Youth in the US
By Michele Statz. 2018
Each year, a number of youth who migrate alone and clandestinely from China to the United States are apprehended, placed…
in removal proceedings, and designated as unaccompanied minors. These young migrants represent only a fraction of all unaccompanied minors in the US, yet they are in many ways depicted as a preeminent professional and moral cause by immigration advocates. In and beyond the legal realm, the figure of the "vulnerable Chinese child" powerfully legitimates legal claims and attorneys' efforts. At the same time, the transnational ambitions and obligations of Chinese youth implicitly unsettle this figure. The maneuvers of these youth not only belie attorneys' reliance on racialized discourses of childhood and the Chinese family, but they also reveal more broad uncertainties around legal frameworks, institutional practices, health and labor rights—and cause lawyering itself. Based on three years of fieldwork across the United States, Lawyering an Uncertain Cause is a novel study of the complex and often contradictory rights, responsibilities, and expectations that motivate global youth and the American attorneys who work on their behalf.How Failed Attempts to Amend the Constitution Mobilize Political Change
By Roger C. Hartley. 2017
Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed…
several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.Law and Mind: A Survey of Law and the Cognitive Sciences (Law and the Cognitive Sciences)
By Nicole A. Vincent, Jaap Hage, Bartosz Brożek. 2021
Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive…
scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.Transformationale Führung kompakt: Genese, Theorie, Empirie, Kritik (essentials)
By Karl-Heinz Fittkau, Phil Heyna. 2021
Seit den frühen 1980er Jahren hat keine andere Theorie in der Führungsforschung mehr Aufmerksamkeit erfahren als die transformationale Führung. Ebenso…
wird deutlich, dass die Auseinandersetzung mit dieser bis heute unvermindert andauert und sie die jüngere Führungsforschung nachhaltig geprägt hat. Bei näherer Betrachtung wird ersichtlich, dass insbesondere das theoretische Modell von Bernard M. Bass auf eine hohe Resonanz gestoßen ist. Aus diesem Grund wird dieses Modell dargestellt, einschließlich dessen Genese, Theorie, Messbarkeit, Lehr- und Lernbarkeit, Empirie und Kritik.Transparency in Insurance Regulation and Supervisory Law: A Comparative Analysis (AIDA Europe Research Series on Insurance Law and Regulation #4)
By Kyriaki Noussia, Pierpaolo Marano. 2021
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by…
experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.Health Care and EU Law (Legal Issues of Services of General Interest)
By Erika Szyszczak, Markus Krajewski, Ulla Neergaard, Johan Willem van de Gronden. 2011
The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is…
not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care.The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services.The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law.Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.Das Buch setzt sich lebendig und anhand vieler anschaulicher Beispiele mit schwierigen Behandlungssituationen in der Psychotherapie auseinander. Einen Orientierungsrahmen bieten…
Ethikleitlinien, Berufsordnung und wissenschaftliche Erkenntnisse, die jedoch keine abschließenden Antworten geben können. Das Buch führt in einen offenen Diskurs über den Umgang mit Irrtum, Verwicklung, Grenzen und Grenzverletzungen, von dem sowohl Aus- und Weiterbildungsteilnehmer als auch erfahrene Kollegen profitieren können. Vor dem Hintergrund des aktuellen Stands der Forschung und der rechtlichen Rahmenbedingung wird jenseits von Tabuisierung und Schweigen ein hilfreicher Umgang mit der Dynamik von Grenzverletzungen und Machtmissbrauch in der Psychotherapie entwickelt. Die teils gravierenden Folgen für Patienten und Psychotherapeuten sowie die gesamte Profession werden eingehend erörtert und Maßnahmen zur Prävention dargestellt. Aus dem Inhalt: Grenzverletzungen – Abstinenzverletzungen – Machtmissbrauch – Machtgefälle – Behandlungsfehler – Regelverstöße – Nebenwirkungen – Therapieschäden – professionelle und ethische Standards in der Psychotherapie – Ethikverein – Folgetherapie – Prävention – politische Konsequenzen. Die Autorin: Dr. med. Andrea Schleu, Fachärztin für Psychotherapeutische Medizin und Innere Medizin, Psychoanalyse (DGPT), EMDR (EMDRIA), Spez. Psychotraumatologie (DeGPT), Supervision (DGSv), Dozentin, Referentin, Beraterin und Vorsitzende Ethikverein e.V.Fake news: Cómo se fabrican en la Argentina y en el mundo
By Julián Maradeo. 2021
A partir de casos locales y del mundo, el libro cuenta la historia de las noticias falsas, de cómo nos…
ponen en estado de alerta y, al mismo tiempo, refleja la debilidad estatal, la falta de control y el enorme lobby alrededor de ellas. La imagen de una chica con su bebé en brazos mientras carga en la espalda una caja térmica de delivery es la punta del iceberg de un fenómeno que sacudió las nociones de verdad y mentira: las fake news. Todos estamos expuestos y a la vez las reproducimos hasta convertirlas en pandémicas. Sus consecuencias pueden alterar elecciones, decisiones de gobierno e incluso provocar muertes. A partir de casos locales y del mundo, el libro cuenta la historia de las noticias falsas, de cómo nos ponen en estado de alerta y, al mismo tiempo, reflejan la debilidad estatal, la falta de control y el enorme lobby alrededor de ellas. «Esta investigación -dice Julián Maradeo- trata sobre otra forma de ejercer el poder. Una que es imperceptible, escurridiza, placentera y extraterritorial. Una que jaquea a todas las teorías que discurrieron por siglos al respecto. Una en la que interviene un lenguaje que resulta ajeno, sujetos que parecen salidos de una película, geografías remotas. Una que pone en entredicho las reglas del juego democrático. Las noticias falsas no discriminan entre Oriente y Occidente, afectan a todos sin mirar a quién».Legal Entanglements: Law, Rights and the Battle for Legitimacy in Divided Germany, 1945-1989
By Sebastian Gehrig. 2021
During the division of Germany, law became the object of ideological conflicts and the means by which the two national…
governments conducted their battle over political legitimacy. Legal Entanglements explores how these dynamics produced competing concepts of statehood and sovereignty, all centered on citizens and their rights. Drawing on wide-ranging archival sources, including recently declassified documents, Sebastian Gehrig traces how politicians, diplomats, judges, lawyers, activists and intellectuals navigated the struggle between legal ideologies under the pressures of the Cold War and decolonization. As he shows, in their response to global debates over international law and human rights, their work kept the legal cultures of both German states entangled until 1989.The Law as a Moral Agent: Making People Good (SpringerBriefs in Law)
By Charles Foster, Jonathan Herring. 2021
This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality…
- to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?The book addresses authoritarian legacies of politically motivated justice and its unwritten practices that have re-emerged in the recent trials…
related to both political and ordinary criminal charges against prominent opposition leaders in many former Soviet republics. Taking into account that in any country all trials are more or less related to politics, the author differentiates between trials on political issues (political trials that are not necessarily arbitrary) and politicized partisan trials (arbitrary trials against political opponents). The monograph, thus, adopts a broad definition of a political trial, which includes all trials that are related to politicians and political matters such as elections, regime change, activities of parties and other political organizations. The focus lies on a separate group of partisan trials that are politicized (i.e. politically motivated) and which are used by governments to restrain political opposition and dissent.Primarily aimed at legal practitioners such as human rights lawyers, prosecutors, and judges, as well as postgraduates, researchers, teaching assistants and university law professors, readers can gain from the book information that is useful in assessing the interdisciplinary phenomenon of politically motivated criminal justice in transitional and authoritarian post-Soviet republics. Additionally, the volume is indispensable to readers that are interested in Eastern European Studies, Transitional Justice, Law and Society, Slavic Studies, and Theory and History of State and Law.Artem Galushko is a post-doctoral researcher at the Max Planck Institute for the Study of Religious and Ethnic Diversity in Germany.