New Books: All New Books

The UN Convention on the Law of the Sea, signed in 1982, was the culmination of half a century of legal endeavour. Earlier attempts to create a treaty regime governing the ocean -- at League of Nations and United Nations conferences in 1930, 1958 and 1960 -- had all failed to settle the breadth of the territorial sea, and in two cases failed to settle anything at all. During the negotiations, legal concepts were formulated and reformulated: straight baselines inspired archipelagic baselines; fishing conservation zones became exclusive economic zones; innocent passage through straits metamorphosed into transit passage through straits; and the seabed common heritage was replaced by the parallel system of seabed exploitation. Many of the issues that animated the delegates during the negotiations -- ocean pollution, over-fishing, naval mobility, continental shelf claims and the impact of seabed mining -- continue to exercise policymakers and lawyers to this day.

This updated Nutshell follows the structure and format of the authors' popular casebook--Children and the Law: Doctrine, Policy, and Practice. The authors have devoted entire chapters to the meaning of "parent," civil and criminal abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, the regulation of children's conduct, and delinquency. Representation of children is covered throughout the book. Also treated for comparative purposes are several relevant international law issues and frameworks, including the children's rights, international child labor, and tobacco regulation. The impact of the COVID-19 pandemic on child protection, foster care and juvenile justice systems is integrated into this edition.

This collection of essays constitutes the fruit of a scholarly conference held in Rome in April 2023, which was organized by the Pontifical University of Saint Thomas Aquinas, the Pontifical University of the Holy Cross, and the Angelicum Thomistic Institute. The essays offer a scholarly reflection on various historical and doctrinal aspects of Aquinas's concept of ius, and on the extent to which this concept helps to illuminate his account of the nature of law, that is, of the juridical phenomenon. Each essay addresses, from the viewpoint of its specific topic, the implications of the Angelic Doctor's description of ius as the object of justice, as presented in the Secunda secundae of his Summa theologiae (starting from question 57, article 1). Following Aquinas's own insights, the focus on the virtue of justice is thus deemed crucial for understanding the essence or the ontological fabric of law. Justice is simultaneously analyzed as always remaining inherently connected to its moral and divine-salvific aspects. The volume is divided in three parts. The first part of the collection contains essays that are dedicated to the analysis of Aquinas's concept of ius in a historical perspective. The second group of essays in this collection examine some further doctrinal and contextual issues pertinent to the essence of ius. Each attempt to elucidate the ontology of law should be supported by the aptitude of the resulting accounts of law's nature to provide workable platforms for legal practices. This line of reasoning represents the rationale for the third part of this collection, which focuses on the matters of applying Aquinas's concept of ius in systemic and practical legal settings of State law and canon law.

Over recent decades, the decline of trust, mounting of fears, and increasing denial of science appear as a marked shift of societal attitudes towards many institutions and professionals. This book analyses these developments and looks at their role in medicine and healthcare, both in terms of the patient-physician relationship and for delivering high-quality healthcare, in order to establish why we need trust and what can be done to restore it. It begins by offering a conceptual analysis and definition of trust, using a 'pattern definition' based upon typical features and common usage of the term, as well as the related concepts of hope, fear, and belief. It charts evidence for the decline of public trust in various professions, and then looks at the causes, as well as the accompanying growth of fear and the rejection of science. The study addresses possible options for restoring trust in medicine and healthcare, be it in individual physicians, in hospitals, or in managed care institutions. Written jointly by a medical doctor and an academic specialising in Biomedical Ethics, the book will be of interest to those working in the areas of Biomedical Ethics and Law, Medicine and Healthcare, Public Health, Philosophy, Sociology, Politics and Psychology.

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus - representative pairs of 'divided nations', broadly defined - the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides. The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous. This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Most governments have established procedures to appraise the environmental impacts of proposed activities. The focus of these environmental assessment procedures has long been on local environmental issues, such as air, water, and land pollution, which have a direct and concrete effect on communities. In recent years, however, these procedures have increasingly been used to consider how activities could result in the emission of greenhouse gases and exacerbate climate change. Environmental Assessment as a Tool for Climate Change Mitigation builds on a broad survey of over one hundred national environmental assessment practices - legislation, guiding documents, cases, and administrative practice - to reflect on the main conceptual and practical issues facing climate assessment. By presenting and discussing jurisdictional developments and national debates in a global comparative perspective, this book aims to enrich our collective understanding of the modalities of and, ultimately, the mitigation opportunities arising from, the use of climate assessment in relation to proposed activities. The author concludes this timely and forward-looking volume by identifying good practices that lawmakers, regulators, national agencies, judges, and lawyers should consider when developing and applying the law on climate assessment.

With over five billion internet users globally, it is crucial to understand social media activism and legal change for women and girls. This insightful book examines the impact of international Twitter (now X) campaigns on domestic laws affecting women and girls. Exploring the complexities of legal change for women and girls across seven countries from Latin America to Middle East and Africa, the book offers empirical insights into the effectiveness of hashtag advocacy and sheds light on the role of social media in shaping different outcomes. This is a key resource for understanding the dynamics driving social media activism and its potential impact on the rights of women and girls worldwide.

The human right to resist is a contemporary legal concept with an ancient pedigree. Although it has received recognition in constitutions, customary international law and human rights treaties, and acknowledgment by leading publicists of international law, it remains obscure compared to other human rights. In this innovative and comprehensive book, Shannonbrooke Murphy addresses the perennial question of who has a 'right' to resist - and what, when, why, and how, from a legal perspective. Using a systematic and comparative approach to analyzing both the theoretical concept and the provisions in positive law, this study aims to establish that a 'right to resist' can be recognized and codified as an enforceable 'human right', proposing a common conceptual language and an analytical framework for evaluating the legal basis of claims. Murphy makes a strong and detailed case for a firmer place for the 'right to resist' in the human rights lexicon.

Interference in sovereign affairs is fundamentally interrogating what international law means by sovereignty and prompting a rethink about how states should relate to their exterior and what is actually still theirs to decide.

An updated and expanded edition of the widely used overview of international human rights law for students, practitioners, and professors. Provides a comprehensive overview of the international, regional and domestic human rights systems, as well as the treatment of human rights treaties and norms within the U.S. legal system. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems, as well as the adoption of new conventions and the issuance of key new judicial decisions. Introduces the history behind international human rights, including the institutional context from which they evolved. An unparalleled resource for beginning students as well as more experienced practitioners needing an accessible introduction to an increasingly important substantive field.

Knowing about the United Nations Convention on Contracts for the International Sale of Goods (CISG) means to know about the law relating to international import/export contracts applicable to more than ¾ of world trade. This book provides a valuable guide to the understanding of both the fundamentals of that law and how it is interpreted in various countries, thus making it a helpful tool not only for students but also for practitioners. The 4th edition is updated throughout with many new decision citations, including decisions rendered in August 2024. This Edition also gives proper account of the interaction between the CISG and other recently amended instruments such as the ICC Incoterms (2020) and the ICC force majeure and hardship model clauses (2020).

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America. With less than 5 percent of the world's population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and a racially loaded drug war are obvious and important culprits, but another factor has received remarkably little attention: the Supreme Court. The Constitution contains numerous safeguards that check the state's power to lock people away. Yet since the 1960s the Supreme Court has repeatedly disregarded these limits, bowing instead to unfounded claims that adherence to the Constitution is incompatible with public safety. In Justice Abandoned, Rachel Barkow highlights six Supreme Court decisions that paved the way for mass incarceration. These rulings have been crucial to the meteoric rise in pretrial detention and coercive plea bargaining. They have enabled disproportionate sentencing and overcrowded prison conditions. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights and followed its standard methods of interpretation, none of these cases would have been decided as they were, and punishment in America would look very different than it does today. More than just an autopsy of the Supreme Court's errors, Justice Abandoned offers a roadmap for change. Barkow shows that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution in all cases, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts. In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice. This book will appeal to academics and advanced students in law, politics, and philosophy. The Open Access version of the Introduction, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license. The Open Access version of the introduction was funded by University of Sydney Library.

This introduction to music law is a compact guide to the legal issues that arise in all corners of the music industry, with particular emphasis on the decisions faced by songwriters and performing artists throughout their careers. The book covers all relevant aspects of copyright law, such as authorship, termination rights, re-recording rights, infringement, and fair use. It gives detailed attention to the roles of publishers, rights administrators, record labels, PROs, SoundExchange, and the new Mechanical Licensing Collective, and explains the array of contracts that are crucial to music exploitation, including publishing agreements, recording contracts, mechanical licenses, synchronization licenses, public performance licenses, and master recording licenses. The complex licensing scheme that applies to streaming platforms is explained in a user-friendly manner. Key aspects of trademark law are considered, including the ownership of band names. The book also explores an artist's right to prevent the misappropriation of his or her personal identity, including name, likeness, and voice, and addresses topical issues and legislative developments related to artificial intelligence, postmortem rights, and digital replicas. Where the assertion of intellectual property rights threatens artistic freedom, First Amendment protection for creative expression receives thorough attention.

Praise for Powering the Future: A Lawyer's Guide to Clean Energy "Energy use touches just about every aspect of our lives and livelihoods, while energy development and delivery reach into almost every corner of the law. Whether it is state, federal or local; whether it is economic regulation, land use, trade policy or environmental protection; our laws define and reflect broader policy ambitions. Increasingly, governments at all levels are striving to accelerate the adoption of clean, carbon-free energy options. Through several recent pieces of legislation, the U.S. Congress has been leading the charge. In that context, it is critically important to step back and look comprehensively at the current energy-related legal and policy landscape. In his usual clear and concise way, Steve Ferrey offers a solid foundation enabling practitioners, stakeholders and students to navigate effectively in this new and accelerating world of energy development." -Steve Weissman, Lecturer at the UC Berkeley Goldman School of Public Policy, Founder and former Director of the Energy Program at Berkeley Law "Steve Ferrey provides a concise 'roadmap' scrutinizing what remains, what is new, what is court-vetted or still to be tested, and what now is legally superseded or preempted for energy, land-use, climate, and environmental law. In sixteen stand-alone chapters, this book analyzes how new laws integrate with existing laws, what states have what particular incentives and clean resources, and how federal, state, and local laws conflict. For any state or federal law that suffers from a gap or deficiency, he provides strategic 'workarounds' to help attorneys and energy professionals transcend each barrier confronted. This book will remain a legal and policy users' manual regardless of political changes." -Mindy Lubber, CEO & President of CERES, Former Regional Administrator, U.S. EPA

How do public whistleblowers prevail despite employers' attempts to silence them? Whistleblowing is essential for raising awareness of extreme wrongdoing within organizations yet, despite changing laws designed to offer more protection, workers exposed for public disclosures frequently find themselves the targets of extreme retaliation. Featuring high-profile cases from Amazon, Facebook and Theranos, Kate Kenny reveals the critical - and often unseen - role that skilled allies play in supporting whistleblowers when official channels fail. Novel and sophisticated means of silencing require new strategies for whistleblowing - and supportive partners are key. In this new era of whistleblowing, oppressive lawfare is used against truth-telling workers, and official channels can be weaponized. Yet powerful employers can still make mistakes. Regulators of Last Resort shows how aggressive reprisals can yield surprising advantages for dissenters. Working in partnership with advocates, public whistleblowers can find strategies to survive, persist and bring their disclosures to light.

This volume explores ethical aspects relating to claims for mitigation arising from culpable state action (or inaction). It answers the important and controversial question: to what extent should the state mitigate sentencing for defendants who have been victims of state misconduct? The volume explores the normative justifications for mitigation and answers many intriguing questions. For example, in terms of the procedural challenges, should the offender have to prove a causal link between state wrongdoing or neglect and the offending? Can a court take judicial notice of state-induced social adversity and apply this consideration to all affected offenders? Other questions relate to the implications for courts and sentencing commissions which issue guidance to courts regarding mitigation at sentencing. To what extent is the offender less culpable as a result of state misconduct, and what are the limits of any resulting sentence reductions? Do sentence reductions for state misconduct undermine proportionality, or deprecate the seriousness of the impact on the victim of crime? Should this factor be included in any sentencing guidelines or possibly even as a statutory mitigating factor? Each contribution explores a distinct, cross-jurisdictional claim for mitigation on the basis of State negligence or misconduct towards the offender. The chapters all address the appropriate response of courts at sentencing.

Lethal injection is nothing like what people think. This is its untold story. In the popular imagination, lethal injection is a slight pinch and a swift nodding off to forever-sleep. It is performed by well-qualified medical professionals. It is regulated and carefully conducted. And it usually provides a "humane" death. In reality, however, not one of those things is true. Secrets of the Killing State pulls back the curtain on this clandestine punishment practice, presenting a view of lethal injection that states have worked hard to hide. Botched executions are a part of this story, but they are just the tip of the iceberg. For all the suffering that we see, there is also suffering that we don't see. Indeed, the story told here is even bigger than the executions themselves, for behind the scenes is where it unfolds. Fake science, torturous drugs, inept executioners, prison problems, and decades of state secrecy have created an execution method hard-wired to go wrong in countless ways. The story of lethal injection is a story of gross incompetence, law breaking, torturous deaths, and a stunning indifference to the way in which human beings die at the hands of the state. These are the secrets of the killing state--all that we know from litigation files, scientific studies, investigative journalism, autopsy reports, interviews, and scholarship across a number of fields. Death penalty expert Corinna Barrett Lain uses this groundbreaking journey into the dark reality of lethal injection to shine a light on the American death penalty more broadly and show that the state at its most powerful moment is also the state at its worst. We are now over 45 years into the lethal injection era, and most Americans still have no idea what states are doing in their name. It's time they found out.

We live in a world of rapidly growing gaps between rich and poor. In the rich parts of the world, new resource-consuming devices are launched every year. But at the same time, about a fourth of the world's population does not have access to clean drinking water, and more than half lack safely managed sanitation. What role does technology have in these growing global inequalities? Is technological development the root cause of inequality? Or is the unequal distribution of technology just a mirror of social inequities that have other causes? And can new technologies be instrumental in making the world less unfair? In Technology and Equality, these issues are addressed from a wide range of perspectives by scholars in disciplines such as history, sociology, gender studies, anthropology, economics, law, ethics, and philosophy. Case studies highlight technology-related inequalities for instance in climate mitigation, public transport, access to water, waste management, sanitation, air pollution, healthcare, digital communication, and law enforcement. The more theoretical chapters provide tools and concepts that are helpful for analyzing and understanding the relationships between technology and inequality in other applications and in more general perspectives.

In the turbulent arena of armed conflicts, Tort Liability in Warfare: States' Wrongs and Civilians' Rights emerges as a groundbreaking exploration of civilians' legal recourse against states for losses to life, bodily integrity, and property. With a fresh perspective informed by corrective justice, the law of war, and substantive rule of law principles, Haim Abraham constructs a novel framework for understanding the moral and legal obligation of states to civilians in the aftermath of combat, and proposes that existing domestic tort law could and should address wrongful losses in this context. This book boldly confronts the prevailing academic and legal orthodoxy which dismisses the application of tort law in times of war, and offers a framework that empowers individuals to vindicate their rights and acts as a bulwark against abuse of public power. By reviewing and analyzing the applicability of tort law to peacekeeping, urban warfare, counter-terrorism activities, and long-range warfare in Australia, Canada, England, Israel, and the United States, the book offers real world insights on how tort liability can serve as a mechanism for reparations and accountability. Tort Liability in Warfare is a clarion call for a shift in legal paradigms, urging a path towards effective remedies for civilians caught in the crossfire of nations at war. It is an essential read for legal scholars, practitioners, and anyone invested in the pursuit of justice in the complex landscape of armed conflict. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence.

The Indian National Army (INA) trials of 1945-46 have generally been given short shrift by historians in their cataloguing of the Indian freedom movement. This book examines to what extent the trials had an impact on the final phase of India's quest for independence. In so doing, it unveils that, while the Indian National Congress's extended odyssey to win independence was essentially about a passive push-back, at a critical juncture of its campaign to extinguish British colonialism in India, it applauded and capitalised on the INA's use of force. The central, explosive narrative is about Britain holding a court martial of three officers of the INA - Shah Nawaz Khan, Prem Sahgal and Gurbaksh Dhillon - convicting them, before a dramatic turn in events. The material unearthed by the book throws new light on a decisive juncture leading to the transfer of power in India. It will be indispensable for researchers interested in South Asia, especially the Indian freedom movement. It will be invaluable for students of history, colonialism, military studies, politics in pre-Partition India and law.

In a nation whose Constitution purports to speak for "We the People," too many of the stories that powerful Americans tell about law and society include only We the Men. A long line of judges, politicians, and other influential voices have ignored women's struggles for equality or distorted them beyond recognition by wildly exaggerating American progress. Even as sexism continues to warp constitutional law, political decision making, and everyday life, prominent Americans have spent more than a century proclaiming that the United States has already left sex discrimination behind. Jill Elaine Hasday's We the Men is the first book to explore how forgetting women's struggles for equality--and forgetting the work America still has to do--perpetuates injustice, promotes complacency, and denies how generations of women have had to come together to fight for reform and against regression. Hasday argues that remembering women's stories more often and more accurately can help the nation advance toward sex equality. These stories highlight the persistence of women's inequality and make clear that real progress has always required women to disrupt the status quo, demand change, and duel with determined opponents. America needs more conflict over women's status rather than less. Conflict has the power to generate forward momentum. Patiently awaiting men's spontaneous enlightenment does not. Transforming America's dominant stories about itself can reorient our understanding of how women's progress takes place, focus our attention on the battles that are still unwon, and fortify our determination to push for a more equal future.

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.

War is an engine of innovation. It has motivated extraordinary achievements in medicine and science, many of which have generated benefits far beyond the battlefield. These advancements, however, have come at great cost. Countless individuals have been exposed to hazardous research, often without their knowledge or consent. Cities, towns, and rural areas have been used as test sites for atomic, chemical, and biological warfare, causing widespread environmental damage and a myriad of health ailments in generations of Americans. Health professionals have been intimately involved in enhanced interrogation programs, while warfighters face an emerging scenario where biomedical enhancements may become essential elements of military missions. Laws and ethical codes have been rewritten to facilitate these endeavors and shield wrongful conduct from the public. Due to secrecy mandates, governmental immunities, and lackluster healthcare, many individuals harmed by these actions have been left without legal remedies or adequate means to address their injuries. America's Military Biomedical Complex shows how the drive for scientific and military superiority has shifted the moral compass of government and society, detailing scores of examples where untoward conduct has been rationalized as necessary to promote national security and achieve military goals. The book traces the fascinating story of how laws and ethical codes have co-evolved with the nation's military science pursuits, dating back to the founding of America. Without passing retrospective judgment, it explores the moral calculus conducted by decision-makers at key moments in military science. This analysis reveals that officials were keenly aware of ethical dilemmas, but nonetheless chose to engage in risky-and sometimes unlawful-activities to further press national security goals. Coupled with this historical reflection,America's Military Biomedical Complex recommends policies that harmonize contemporary national security concerns with fundamental principles of justice and human dignity. It introduces the concept of jus in praeparatione bellum-justice in war preparations-a doctrine of restraint and responsibility that aims to elucidate just and unjust means of preparing for war.

American Grasslands provides a comprehensive review of select laws and policies that have shaped modern western agriculture. Through compelling stories of both famous and lesser-known ranches, the book explores the trajectory of law and policy that has consolidated power in western ranchers and agricultural enterprises. Drawing lessons from historical events such as the Dust Bowl and the current climate and extinction crises, the book illustrates the harmful externalities of agricultural activity and the need for meaningful reform. The book also addresses recent national calls for social and racial justice in the context of western agriculture and public resources like water, land, and wildlife. After highlighting the problems created by current laws and policies, the book offers practical recommendations for future legal and policy reform. American Grasslands is a must-read for anyone interested in the history and future of western agriculture and the role of law and policy in shaping it.

This guide provides a reliable resource on the federal law of American Indians. Its authoritative text is drawn from primary sources of judicial decisions, statutes, and regulations that comprise the essentials of this complex body of law. The work emphasizes both the historical development of Federal Indian Law, with attention to the shifting governmental policies underlying it, and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights. It addresses the policy and law applicable to Alaska Natives but does not deal with Native Hawai'ians.

The Battle for Control of the Brass and Instruments Business in the French Industrial Revolution narrates and analyzes the largest judicial battle in culture and industrial property in nineteenth century Europe, the echoes of which still ring today.The battle was about simple wind instruments made of brass and their related patents, not by opera - the musical genre that moved the most money and people at the time - or the revered and contentious high art. Music, in all its dimensions, had become a business. The nineteenth-century French industry of brasswinds shows how the strategic parameters of the Industrial Revolution and, essentially, the system that sustained them (capitalism), permeated everything. What lay behind those contentious disputes was the pursuit of commercial profit, and the consolidation of a dominant position that would yield the maximum possible economic return. The legal confrontation began when a group of French businessmen who built wind instruments saw their business and sources of financing threatened after being forced by the Army to use a series of musical instruments that were different to the usual ones and protected by patents for invention that belonged to Adolphe Sax, the inventor of the saxophone. Diago Ortega provides evidence of how political power was used by economic power, and presents arguments on how culture articulated the social machinery and was a powerful tool for legitimizing political positions.

A uniquely broad and fair-minded guide to making immigration policy ethical.Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration. In Borders and Belonging, Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept--national borders--and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical borders, who should be let in or kept out? How should people forced to migrate be treated? Should newcomers be admitted temporarily or permanently? How should those with lawful immigration status be treated? What is the best role for enforcement in immigration policy? To what extent does the arrival of newcomers hurt long-time residents? What are the "root causes" of immigration and how can we address them? Realistic about the desire of most citizens for national borders, this book is an indispensable guide for moving toward ethical borders and better immigration policy.

This book approaches space law from the angle of legal comparison. In a new phase of exploration and exploitation of outer space characterised by an increasing presence and role of commercial entities, problems inherent in systems of private law arise in a special context and require specific legal answers. Through a comparative method, this book systematises the complex legal spacescape concerning some fundamental concepts rooted in the various national systems of private law: natural and legal persons, property rights, liability, contracts, and securities. These analyses form a handbook of private law in the context of outer space.

What motivates states to assist other countries in need? Focusing on Chinese, Russian, and American decisions about COVID-19 aid, this book illuminates the role of historically contingent ideas in donors' decisions. Drawing on the theoretical insights of the critical geopolitics tradition, it advances and tests explanations for aid-related decisions on a novel global dataset of COVID-19 aid. Rigorously theorized, meticulously researched, and accessibly written, this book illuminates the ways in which China and Russia seek to reshape the humanitarian field consistent with their geopolitical visions. Their competition with the US over approaches to aid has weakened the integrity of the humanitarian system.

From the Cold War era to the current century, the United States has wielded substantial authority in imposing sanctions. This book delves into the intricate and multifaceted landscape of US economic and financial sanctions, unravelling their historical development, legal foundations, and geopolitical motivations. Case studies on five of the most-sanctioned countries in the world - Russia, Iran, Iraq, Cuba, and Venezuela--provide a deeper understanding of how the sanctioning measures allow the US to extend its reach beyond its national boundaries through extraterritorial laws, sophisticated enforcement mechanisms, and the pervasive dollar-denominated global economic structure. Meticulous and nuanced, this book is a go-to resource for understanding sanction regimes from both multilateral and unilateral perspective and the relevant international laws and jurisprudence.

This book assesses whether humanitarian-intervention exists under customary international law. The main question being whether there is a right to humanitarian-intervention, and if so, according to what criteria, using historical analysis to determine its existence. By combining historical and legal methods running from the nineteenth century Ottoman Empire through to the contemporary Russia-Ukraine War, this book determines that such a right has been extinguished under international law.

Sun analyses the important and understudied subject of jurisdiction in the exclusive economic zone (EEZ) over five groups of activities. It explores whether the basic premises and essential compromises of the EEZ regime established by the United Nations Convention on the Law of the Sea still hold true or whether there has been evolution in the regime in terms of accommodating the EEZ regulatory scheme to meet new needs and challenges. Significantly, the analysis of State practice indicates that coastal States have progressively asserted greater authority in defending their rights and jurisdiction in the EEZ, which have been broadly tolerated by the legal regime, and other user States. The stability of the EEZ regime is maintained by two legal doctrines that guide the attribution and exercise of the rights and freedoms of different States. This title is also available as Open Access on Cambridge Core.

Home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The number of transactions and sums involved are staggering. Unlike international trade law, the subject of the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national, occasionally regional, in character. There are many intriguing variations on foreign investment law around the world. CHAR(13) + CHAR(10)CHAR(13) + CHAR(10)Foreign Investment Law including Investor-State Arbitrations in a Nutshell, 4th summarizes the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it a useful introduction. CHAR(13) + CHAR(10)CHAR(13) + CHAR(10)This Nutshell reviews foreign investment entry and operational control patterns, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA and its USMCA successor. Controversial foreign investor-host state arbitration awards and systems are introduced. Investing in China, Europe and North America are presented as summary "case studies."

Autonomous Weapon Systems (AWS) are no longer limited to science fiction. Conflicts in the Ukraine and Gaza demonstrate an increased trend toward the use of autonomy in the use of force in armed conflict. This book analyses the art 36 legal review obligation and assesses how states can determine the legality of AWS. It proposes a new 'functional' approach to legal review that considers both weapons law and targeting rules engaged by the autonomous functionality.

Customary international law is a widely-recognised modality of international lawmaking. It underpins all norms of international law and shapes all aspects of global society. Yet familiar approaches to customary international law struggle to answer basic questions about its role, operation, and prospects. Pursuing an interdisciplinary approach, this book offers an alternative perspective on customary international law as a dynamic and multifaceted social phenomenon and idea. It explores customary international lawmaking in different social contexts, including the regulation of armed conflict, the treatment of the 'other', and the management of global environmental risks. Focusing on the 'varieties' of customary international law, it identifies four types of customary international law norms and explores their roles and implications. Critically revisiting a classic topic of international law, the book provides a tool for understanding and shaping global lawmaking and social change in a rapidly changing international legal order.

Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis and reform. Topics include health insurance reform, health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.

Thomas Hobbes (1588-1679) is widely regarded as one of the most important political thinkers in the Western tradition. Justice is one of the main political concepts today. This is the first book-length analysis of Hobbes's ideas on justice. Hobbes made many startling claims about justice. Norms of justice have no place outside the commonwealth, the civil law determines what is just and unjust, and nothing sovereigns do is unjust to their citizens. But what exactly did Hobbes mean by justice? And how did he convince his audience that he was speaking about justice when advancing such controversial views, and not about something else? In Hobbes on Justice, Olsthoorn traces the place of justice in Hobbes's moral, legal, political, and international thought as developed over time. The book reconstructs his idiosyncratic glosses on notions like justice, rights, injury, obligation, and law; proposes new solutions to some long-standing interpretive puzzles; and provides in-depth discussions of property, slavery, treason, just war and other neglected aspects of Hobbes's thought. Olsthoorn shows that Hobbes's theory of justice doubled as a civil theodicy: it aimed to morally empower sovereign rulers by vindicating them from all stains of injustice, no matter how horrid their rule. Combining analytic philosophy, intellectual history, and political theory, this major new study of Thomas Hobbes will be of wide and cross-disciplinary interest to scholars of philosophy, law, politics, and history.

Homeland Security Law: Issues and Analysis provides readers with a comprehensive examination of the legal aspects of homeland security within the United States. It explores the balance between national security measures and the protection of individual liberties as outlined in the U.S. Constitution. The book is structured into four main parts, each addressing different constitutional issues as they relate to homeland security. Part I discusses the definitions and foundations of homeland security, as well as the relationship between the Supremacy Clause and state police powers. Part II explores the separation of powers, focusing on the roles of Congress, the courts, and the executive branch. Part III examines homeland security in the context of the Bill of Rights, analyzing free speech, the right of association, searches and surveillance, and due process, among other related topics. Part IV addresses other constitutional issues such as habeas corpus, immigration, border security, and governmental emergency powers. The book also includes appendices on the case briefing method and selected excerpts of U.S. Supreme Court cases, providing practical insights into the application of legal principles in homeland security. Homeland Security Law is an essential and invaluable resource for courses and programs in American laws and policies related to homeland security.

In Homelessness, Liberty and Property, Terry Skolnik establishes a novel theory about the government's duties to end homelessness, maintain public property's value, and legitimize laws that regulate public space. In doing so, Skolnik provides new insight into how the property law system and the regulation of public space limit unhoused persons' freedom and political equality. The book deepens our understanding of how various areas of law, such as constitutional law, legal philosophy, criminal law, and property law, approach the reality of homelessness and advances original arguments to provide new justifications for the right to housing. Skolnik concludes by offering a set of concrete proposals for how the government can reduce the incidence of homelessness and treat unhoused persons with greater concern and respect. This title is part of the Flip it Open Programme and may also be available open access. Check our website Cambridge Core for details.

This Nutshell provides a basic introduction to international and foreign legal research for the non-specialist. It offers guidance through the unfamiliar pathways of research using international and non-US legal materials and demystifies the world of treaties and international case law. Since it's aimed at the non-specialist, it provides straight-forward background information on the United Nations and the European Union and includes guidance using the documents and legal materials of these institutions. There are extensive links to the rich world of Web resources, but it also describes print research tools that remain important in this field. It also sets out a road map for approaching a research problem involving international, foreign and comparative law. There is information on keeping current on new information and resources as well as tips for how to do handle source collection and cite-checking an international law journal article. Finally, a chapter is dedicated to using technology to support the research process.

This is a practical and comprehensive guide to international ART law and practice for practicing lawyers, covering surrogacy, gamete donation and family formation. It also covers technical, legal and practical issues to be considered on any international ART journey.

Over the last thirty or so years, international law and legal practice have become increasingly more specialized and diversified. These developments come with an increasingly divergent legal practice, in what has been coined as 'special regimes'. This book proposes a new understanding of the concept of a special regime to explain why specialists in different fields of international law do similar things differently. It argues that special regimes are best conceived as communities of practice, in the sense of Etienne Wenger's theory of communities of practice. It explores how the theory of communities of practice translates to the context of international law and the concept of a special regime. The authors draw up an innovative methodology to investigate their theory, focused on the conduct of community members, and apply this method to selected case studies, offering an original approach to the understanding of the special regimes in international law.

Is the nature of international law today essentially different from the past five centuries, or does it reflect a gradual transformation within certain basic principles that remain unaltered? This book considers the profound structural changes of international law, in line with the requirements of globalization, and tracks the law's evolution over the centuries with special regard to the dichotomy between idealism and pragmatism. International law was the vocation and passion of Francisco Orrego Vicuña, who dedicated his life to the observation, study, teaching and practice of this important legal discipline. He was a privileged witness of the great advances and changes that international law has undergone in the last 50 years, and this book - with an Introduction by Rüdiger Wolfrum and Michael Wood and the assistance of Simon C. Milnes - is the result of years of work and research. It is, posthumously, his magnum opus.

The open access publication of this book has been published with the support of the Swiss National Science Foundation. As tariffs have fallen dramatically over the past decades, behind-the-border measures--such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures--have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius - two prominent standard-setting organizations in the area of TBT and SPS - to investigate how international standardization influences the design of international trade agreements, and vice versa.

In Judges, Judging, and Judgment, Chad M. Oldfather offers an accessible, interdisciplinary account of the constraints and pressures on judges in our polarized world. Drawing on law, political science, psychology, and philosophy, Oldfather examines how these constraints have changed over time and the interpretive methodologies that have gained traction in response. The book emphasizes the inescapable need for judges to exercise judgment and highlights the value of selecting judges who possess good judgment and character. The book builds on prior work that emphasizes the importance of judicial character, specifically practical wisdom, and intellectual humility. The work underscores the need to foster a legal culture that values and rewards judges of character. Judges, Judging, and Judgment is a valuable resource for academics, students, lawyers, judges, and anyone else interested in the legal system's inner workings.

The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment.

The FATF challenges traditional axioms and patently illustrates the dynamics of the international legal system. This book fills a significant gap in academic literature by studying FATF's legal nature and its responsibilities in the international legal system as an organisation with public authority. It makes a bold argument that the FATF has gradually evolved into an international organisation, addressing international law and international organisation law discourse, combining theory and practice. This book's analytical framework can be applied to any organisation whose legal nature remains undefined, attempting to provide clarity and legal certainty in the international legal system's architecture of the 21st century.

The ubiquity of streaming sites such as Pornhub has transformed the social role of sexually explicit content today. Online porn is no longer a shady corner of the internet; it is mainstream. Its production, commodification, and consumption on data-driven online platforms has changed - and is changing - our personal relationships, social and legal systems, and sexual norms. Online porn platforms are shaping sexual desires and practices in the same way that Google and Facebook have affected social relationships and the circulation of information: porn is now consumed on data-driven platforms with algorithms designed to engage the attention of users, encourage the production of user-generated videos, and filter content. Through frank examination of mainstream content with themes of incest, intoxication, and so-called consensual rough sex, issues that play out in life and in court, Elaine Craig shows how the platformization of mainstream pornography is shaping our sexual culture in real time. Mainstreaming Porn maps a complicated web of legal culture and legal actors, from corporate lawyers and platform content regulation to the criminal, civil, and administrative contexts in which porn companies operate and the legal interpretation of sexual assault defences. All have profound implications for the promotion and protection of everyone's sexual integrity, and especially that of women and girls. Mainstreaming Porn is an unflinching, carefully balanced perspective on a divisive topic. Without demonizing pornography or its consumption, Craig makes a powerful argument for applying legal mechanisms to corporate-owned online platforms while offering a sober evaluation of the limits of the law in governing pervasive cultural norms and social understandings of sexuality.

Aerospace Law and Policy Series Space resource activities--better known as "space mining"--is the next step in humankind's utilization of outer space. Previous space activities have belatedly caused us to realize that fragile environments do not end with Earth's atmosphere. Today, the most striking problem is the agglomeration and increasing generation of nonfunctional space objects (space debris) in orbit. Tomorrow, with the development of new space activities, unanticipated environmental problems will arise beyond Earth orbit. This book seeks to anticipate the inevitable legal framework that will need to be put in place and, in particular, considers the necessity to create legal standards to support the environmental sustainability of space resource activities. To that end, the book assesses the efficiency of existing space law in addressing environmental threats and reflects on the potential contribution international environmental law can offer. The array of applicable mechanisms considered includes a detailed examination of the following: what kind of environmental problems may arise from space resource activities; which norms of international law are relevant in addressing these threats within the framework of sustainability; the United Nations Space Treaties; domestic space legislations that directly address space resource activities or that are particularly significant from an environmental perspective; and soft law, especially instruments and guidelines from international organizations acting in the space sector, such as the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and the Committee on Space Research (COSPAR). Contrary to a common idea, space resources--such as the ones found in situ on celestial bodies--are limited and need to be managed rationally. It is indubitable that activities beyond Earth orbit will have an impact on the surrounding environment, raising a host of potential issues, which go beyond the question of debris, such as contamination and the risk of overexploitation. Ultimately, this book drafts the roadmap for the environmentally sustainable exploitation of space resources from a legal standpoint and proposes a sustainability framework articulated around a set of standards. Concerned lawyers and policymakers worldwide will greatly appreciate the book's set of objective standards and concrete measures. This practical approach, which includes the comprehensive review of instruments governing space activities, will lead them to navigate with assurance the different normative levels of legal action for astro-environmentalism.

Envisioning queer futures where we lovingly wager everything for the world's children, the planet, and all living beings against all odds, and in increasingly precarious times. Queering Families traces the shifting dominant meanings of queer family from the late twentieth century to today. With this book, Tamara Lea Spira highlights the growing embrace of normative family structures by LGBTQ+ movements--calling into question how many queers, once deemed unfit to parent, have become contradictory agents within the US empire's racial and colonial agendas. Simultaneously, Queering Families celebrates the rich history of queer reproductive justice, from the radical movements of the 1970s through the present, led by Black, decolonial, and queer of color feminist activists. Ultimately, Spira argues that queering reproductive justice impels us to build communities of care to cherish and uphold the lives of those who, defying normativity's violent stranglehold, are deemed to be unworthy of life. She issues the call to lovingly wager a future for the world's children, the planet, and all living beings against all odds, and in increasingly perilous times.

As a legal professional in the 21st century, you have to figure out how to stand out from the crowd. Times have changed, and it has never been this difficult for legal professionals to cut through the distractions, build meaningful connections, and run law practices they actually like. However, it is not impossible. Your online video content can change everything. Legal professionals are living in the middle of a digital revolution, and this revolution - unlike those of the past -will be televised. As attorneys, paralegals, law students, and legal professionals, a key element of surviving and thriving in this new era will be harnessing the power of video. In this book, business attorney and coach, Temi Siyanbade shares her proven strategies for how you can leverage video to create long-lasting impressions that resonate with potential clients and colleagues and establish you as the go-to attorney in your niche practice area. With almost a decade of experience building a boutique law firm in one of the busiest metropolitan cities in the nation and coaching attorneys across the nation, Siyanbade is no stranger to the overwhelm and fear that paralyzes most legal professionals wanting a play-by-play video strategy. In Show, Don't Tell: How Lawyers Can Use Video to Stand Out, Create More Value and Revolutionize Their Firms, Siyanbade provides practical tools, trustworthy advice, and clear guidance to help legal practitioners harness the power of video in their firms. This book, filled with actionable strategies and examples, will help reframe how legal professionals think about and use video in their law firms.

How does the hybrid nature of SWFs affect the application of state immunity to these funds? May an SWF be sued in foreign courts for wrongful acts committed in the course of its investment activities? Can SWF investements be attached by a private creditor seeking to enforce an investment arbitration award against the fund's state of nationality? This monograph addresses these questions from the perspective of the 2004 New York Convention and six selected jurisdictions (US, UK, France, Germany, Italy, China), with the broader aim of highlighting potential new standards for implementation of the state immunity rule to SWFs.

Each year in the United States, about 1 in 170 births is a stillbirth, a rate that has remained stagnant for most of this century even as other high-income countries have dramatically reduced their already lower rates. Jill Wieber Lens, the nation's foremost expert on stillbirth and the law, blends personal experience and legal analysis to bring us an original, essential guide to this all-too-often unrecognized public health crisis. By exposing how the law inhibits prevention, affects the experience of stillbirth for birthing parents, and shapes broader notions of unborn life, Lens argues for a series of pragmatic, data-driven changes to the legal landscape that could enjoy broad popular support and strengthen reproductive justice and reproductive rights.

Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does and#8212 simply and elegantly and#8212 by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.

One of the most common complaints about the tax system in the United States is that rich taxpayers are able to lower their tax liabilities through abusive tax practices, often outmaneuvering the Internal Revenue Service (IRS). Untaxed offers a fresh perspective on the long-standing dilemma of tax avoidance and evasion by the rich by proposing a new legal response: means-based adjustments to the tax compliance rules. These compliance rules govern interactions between taxpayers and the IRS, from filing tax returns to responding to audit letters to paying tax penalties. Untaxed shows how tax compliance rules can be adjusted based on taxpayers' means to level the playing field between the rich and everyone else. Timely and innovative, this book is a must-read for legal scholars, policymakers, tax students, and anyone interested in tax policy and administration.

When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional? The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power. When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision - it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power. So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding. The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.

Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.

A bold challenge to a central assumption in modern moral and legal thinking, showing that wrongs and rights are not flip sides of the same coin but instead represent fundamentally distinct moral phenomena. It is commonplace to regard rights and wrongs as mirror images of each other: to be wronged, we think, is to have one's rights violated. According to this familiar picture of the moral landscape, there is an inescapable relationship between our claims on others and our complaints against them. Indeed, if to have a right means just that one can reasonably claim redress for being wronged, then there is really nothing separating wrongs and rights. Legal scholar and philosopher Nicolas Cornell rejects this view. He argues that although wrongs and rights often correspond and overlap, they diverge systematically in a range of contexts and play substantively different roles in our lives. Wrongs are not merely the outline left where rights have been taken away, and rights are more than just the glimmer of future liability. To make its case, Wrongs and Rights Come Apart engages a variety of examples from literature, legal cases, moral philosophy, and contemporary culture. In accessible, lively prose, Cornell explores topics such as illicit promises, forgiveness, animal rights, and economic exploitation. It turns out that potential wrongs--unlike rights--do not determine how we ought to conduct ourselves. And crucially, rights--unlike wrongs--do not tell us what corrective action is appropriate after a violation. Only by seeing rights and wrongs as distinct concepts, Cornell concludes, can we do justice to the richness of our interpersonal obligations.

This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be confined to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology and government.

From the perspective of individual taxpayers to international tax norm negotiators, the anthropologists in this collection explore how taxes shape our world: our social relationships and value regimes, how we exclude and include, the categories we think with, and the way we share with each other. A first of its kind, it presents an anthropological discussion about tax rooted in ethnographic work. It asks fundamental questions such as: what is tax, what is taxable, and what do taxes do? By forwarding multiple perspectives from around the world about fiscal systems and how they are experienced and constituted, Anthropology and Tax reconceptualises tax in society. In doing so, this volume makes an incisive intervention in what might be one of the most important debates of our time - that of fiscal sociality. This title is also available as Open Access on Cambridge Core.

This book challenges the traditional understanding of belligerent reprisals as a mechanism aimed at enforcing the laws of armed conflict. By re-instating reciprocity at the core of belligerent reprisals, it construes them as tools designed to re-calibrate the legal relationship between parties to armed conflict and pursue the belligerents' equality of rights and obligations in both a formal and a substantive sense. It combines an inquiry into the conceptual issues surrounding the notion of belligerent reprisals, with an analysis of State and international practice on their purpose and function. Encompassing international and non-international armed conflicts, it provides a first comprehensive account of the role of reprisals in governing legal interaction during wartime, and offers new grounds to address questions on their applicability, lawfulness, regulation, and desirability. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

A collection of texts that provide the foundation for the University of Chicago's longstanding tradition of free expression, principles that are at the center of current debates within higher education and society more broadly.   Free inquiry and expression are hotly contested, both on campus and in social and political life. Since its founding in the late nineteenth century, the University of Chicago has been at the forefront of conversations around free speech and academic freedom in higher education. The University's approach to free expression grew from a sterling reputation as a research university as well as a commitment to American pragmatism and democratic progress, all of which depended on what its first president referred to as the "complete freedom of speech on all subjects." In 2015, more than 100 years later, then University provost and president J. D. Isaacs and Robert Zimmer echoed this commitment, releasing a statement by a faculty committee led by law professor Geoffrey R. Stone that has come to be known as the Chicago Principles, now adopted or endorsed by one hundred US colleges and universities. These principles are just a part of the long-standing dialogue at the University of Chicago around freedom of expression--its meaning and limits. The Chicago Canon on Free Inquiry and Expression brings together exemplary documents - some published for the first time here - that explain and situate this ongoing conversation with an introductory essay that brings the tradition to light.   Throughout waves of historical and societal challenges, this first principle of free expression has required rearticulation and new interpretations. The documents gathered here include, among others, William Rainey Harper's "Freedom of Speech" (1900), the Kalven Committee's report on the University's role in political and social action (1967), and Geoffrey R. Stone's "Free Speech on Campus: A Challenge of Our Times" (2016). Together, the writings of the canon reveal how the Chicago tradition is neither static nor stagnant, but a vibrant experiment; a lively struggle to understand, practice, and advance free inquiry and expression.   At a time of nationwide campus speech debates, engaging with these texts and the questions they raise is essential to sustaining an environment of broad intellectual and ideological diversity. This book offers a blueprint for the future of higher education's vital work and points to the civic value of free expression.   

Should Chinese energy investments be excluded from the liberal economic system based on geopolitical assessments only? This book explores the potential regulatory control by the Chinese government over foreign energy investments to achieve their perceived strategic objectives. Host states in which Chinese energy companies make investments have increasingly opposed Chinese energy investments in their national security reviews, based on concerns that these investments have strategic objectives. The book analyses China's investment-related law, regulations, and energy policies to examine how overseas energy investment-making is governed. The book also explores the role of the Chinese government in energy investment promotion and protection. Uniquely, the examination of China's potential regulatory control provides an objective criterion, rather than geopolitical considerations, for host states to assess the nature of Chinese energy investments. The book helps readers to open the 'black box' of Chinese energy investments from a regulatory perspective. It is a useful resource for researchers as well as practising lawyers assisting their Chinese clients through national security reviews, or when trying to determine whether China's SOEs can bring cases before investor-state arbitration tribunals.

This authoritative text provides a framework for understanding individual liberty and governmental power and the institutional role played by the Supreme Court of the United States. The comprehensive coverage in this new and improved edition includes all the major topics: judicial review; commerce clause and state powers; federalism; separation of powers; congressional and executive powers; and individual civil rights and civil liberties. It includes diagrams that aid understanding of the fundamentals of our system of government. A chapter samples all the academic literature on the subject in condensed form. An appendix summarizes the case law found in all the casebooks in a straightforward manner to provide an overview and to aid in review for the final examination. Extremely accessible and comprehensive -- this is a paperback course in American Constitutional Law -- your own personal tutor.

The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.

Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.

A groundbreaking new study based on extensive and original data that examines court policies and proceedings during the COVID-19 pandemic to uncover the realities of power, procedure, and reform in state civil courts. The COVID-19 pandemic changed the work practices of nearly every industry around the globe, forcing institutions to quickly adapt to the evolving public health emergency. The state court systems in the United States--from trial courts to state supreme courts--were no exception. In response to the crisis, courts were forced to make dramatic changes to the way they processed cases. The alterations ranged from selecting which types of cases should be prioritized or delayed to choices about which standards for filing documents and appearing at hearings could be relaxed. Petitions for emergency protective orders sped through the courts out of necessity, while small claims were processed far more slowly. Courts also allowed digital filings and video and phone call appearances without special permission. As Alyx Mark shows, COVID acted as an accelerant for procedural change and laid bare the different approaches to administrative decision-making that characterize the state courts. The distinctive and unifying case study created by the pandemic witnessed decisions that challenge prevailing explanations of how power manifests and process operates in state judiciaries. The legal administrative changes brought significant differences to light in how state court systems design and implement policies that affect the administration of justice, revealing the degree to which such decisions are centralized. In states like Kentucky and Massachusetts, for example, high courts tended to craft orders that gave lower courts little room to make choices about their operations at the local level, reflective of these systems' top-down approaches to court administration. Administrative orders distributed by Kentucky's trial courts thus instructed judges to conduct all proceedings remotely, specifically attributing this policy choice to provisions that were made explicit in their supreme court's orders. In contrast, other supreme courts' orders reflected the more diffuse nature of administrative power in their systems. Lower courts in Florida and Missouri interpreted their supreme courts' orders to mean they were empowered to develop the administrative policies they deemed most appropriate. Given the discretion afforded to them, lower courts in Florida interpreted their high court's wishes liberally, with their administrative orders offering judges the opportunity to make decisions about the appropriateness of remote hearings at the individual level--permitting judges to determine when, if, or wherever such hearings would be possible or practicable. Exploring these differences, which COVID made visible in a unique way, Mark provides a more comprehensive understanding of the role that the structure of administrative institutions plays in designing, implementing, and sustaining procedural change. Informed by an extensive data collection effort--encompassing administrative orders disseminated across state court hierarchies, as well as insights from nearly sixty interviews with elite court actors who participated in constructing and implementing these orders during the pandemic--Courts Unmasked uses the COVID-19 pandemic as the vehicle for exposing and unpacking the realities of power and process in state civil courts and what this might mean for the future of civil justice reform.

This book critically engages criminal law issues relating to sexuality and violence in order to argue that an attention to emotions can produce a more nuanced, and more adequate, feminist account of legal subjectivity. Although the relationship between law and feminism has resulted in a vast body of work, the issue of emotions has not been foregrounded in feminist legal scholarship in India. Indeed, many feminists have argued that reason and not emotion must provide the foundational basis for all laws and legal reforms; an argument that has led to a division of the legal and the psychic or the emotional into separate and distinct zones. Challenging this separation, the book engages a range of recent criminal law cases and legislations in India in order to advocate for a 'feminine' law that embraces its inherent cracks and contradictions. Drawing on psychoanalytic theory, the book takes up a range of issues surrounding sexuality and violence in order to propose a shift from viewing law as reason to seeing law as the terrain of messy and contradictory emotional continuums; where legal subjects are viewed in their psychic dimensions, and where law itself is opened up to its own unconscious desires. Foregrounding emotions in this way, the book argues, can offer new insights into the operation of criminal law, and new orientations for feminist ways of responding to, and engaging with, it. This book will be of interest to scholars and students working in the areas of criminal law, legal feminism, and gender studies.

This latest edition of Depositions in a Nutshell provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The resource is useful for both inexperienced attorneys getting their first exposure to depositions as well as experienced attorneys looking to sharpen their deposition skills. Additionally, the book can serve as a text for a stand-alone depositions course or as a supplement to a civil pre-trial lawyering course or any live client clinical course that provides students with opportunities to take or defend depositions. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, uncovering a deponent's version of significant events, and dealing with evasive deponents. The book provides insight on how to handle objections, utilize exhibits during a deposition and prepare a client to be deposed, as well as how to conduct some of the most common depositions including depositions of entities and expert depositions.

In the dynamic and complex world of modern engineering and construction projects, successful execution relies on a seamless integration of design, construction, and project management. Design-Build & EPC Contracting offers an indispensable guide to navigating the intricacies of Design-Build and Engineering, Procurement, and Construction (EPC) contracting. In this comprehensive book, industry experts provide a holistic view of the Design-Build and EPC processes, breaking down their core principles, strategies, and best practices. Whether you're a seasoned professional or a newcomer to the field, this book will equip you with the knowledge and tools needed to thrive in the ever-evolving landscape of construction and engineering projects. Key Features include: An overview of the fundamentals of Design-Build and EPC delivery methods Exploration of the contract types and key clauses utilized on Design-Build and EPC projects Comparison of the similarities and differences between Design-Build and EPC contracts A toolkit of practical advice on related topics such as licensing, insurance procurement and dispute resolution. Design-Build & EPC Contracting is an essential resource for engineers, design professionals, project managers, legal professionals, and anyone involved in the construction and engineering sectors.

When can the government read your email or monitor your web surfing? When can the police search your phone or copy your computer files? In the United States, the answers come from the Fourth Amendment to the Constitution and its ban on 'unreasonable searches and seizures.' The Digital Fourth Amendment: Privacy and Policing in Our Online World takes the reader inside the legal world of how courts are interpreting the Fourth Amendment in the digital age. Computers, smartphones, and the Internet have transformed criminal investigations, and even a routine crime is likely to lead to digital evidence. But courts are struggling to apply old Fourth Amendment concepts to the new digital world. Mechanically applying old rules from physical investigations doesn't make sense, as it often leads to dramatic expansions of government power just based on coincidences of computer design. Written by a prominent law professor whose scholarship has often been relied on by courts in the field, The Digital Fourth Amendment shows how judges must craft new rules for the new world of digital evidence. It explains the challenges courts confront as they translate old protections to a new technological world, bringing the reader up to date on the latest cases and rulings. Informed by legal history and the latest technology, this book gives courts a blueprint for legal change with clear rules for courts to adopt to restore our constitutional rights in the computer age.

The interpretation and application of the competence-competence principle are not uniform across jurisdictions. Conflicting approaches - to the extent, effects, and consequences of permitting an arbitral tribunal to decide on its own jurisdiction and the proper timing for judicial involvement - rest upon significant theoretical and policy concerns that have practical implications. Focusing on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, this book thoroughly examines a question of timing: whether national courts should (or could) conclusively settle jurisdictional disputes before or after the arbitrators have determined jurisdiction.  Covered in the analysis are such salient issues and aspects as the following:            prima facie versus plenary or full standard of judicial review;          obligations and powers the law affords judges in the presence of an (even putative) arbitration agreement;          cases highlighting the controversies in interpreting and applying the Model Law''s concepts, principles, and rules; and          detailed analysis of the text of the Model Law, including its drafting history.   Article 8(1) of the Model Law is analysed according to its interplay with other provisions of the same instrument and the New York Convention.   As a nuanced, deeply informed approach to interpreting national arbitration statutes that adopt the UNCITRAL Model Law, this book will help practitioners and judges approach judicial disputes over arbitral jurisdiction with full awareness of applicable rules and principles in an arbitration-friendly fashion. It provides matchless guidance through the intricacies of early determination of jurisdiction by balancing the legitimacy, efficacy, and efficiency of arbitration. For academics and policymakers, it will contribute to an ongoing paradigm shift away from state law and methodological nationalism towards transnational legal pluralism.  

In terms familiar to economists, this book provides a positive theory of labor law and dissects the fundamental theoretical issues that shape labor law doctrine. It investigates the deep economic tensions influencing judicial opinions in labor law, and how these can predict the outcomes of relevant legal doctrine and determine whether it accomplishes its regulatory goals. Keith Hylton explores major philosophical approaches in the labor movement as well as the economic pressures that have impacted the growth of unions and the evolution of labor law. Hylton examines core issues including union organization, labor bargaining, labor law successorship, and the interaction between labor and antitrust laws. He questions whether the decline of unions will change employment and labor laws, and whether it is possible for the law to reverse or slow the decline in private sector union density. The central thesis of the book is that much of labor law doctrine is economically efficient, minimizing the costs of the bargaining relationship between the employer and the union. The Economics of Labor Lawis an invaluable resource for students and scholars of labor and employment law, and law and economics. Practitioners will also benefit from its detailed account of how economics can provide a more solid foundation for labor law doctrines.

This book looks at the constitutional and regulatory frameworks of loan and debt recovery laws and legislations. It explores different aspects of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, along with the issues and challenges in enforcing the Act in India. The book explores the evolution of debt recovery laws in India by analysing various past cases and legislations relating to the recovery of dues by banks and financial institutions. Taking the rights of both banks and borrowers into consideration, it provides a description of the relevant provisions of the SARFAESI Act and its implications. The author analyses relevant case laws and practical experiences to highlight the positives and the issues of the SARFAESI Act that have strengthened the creditor's rights in India. The book also looks at the consolidation of insolvency and bankruptcy laws in India that have contributed to the process of debt recovery while protecting customers. Lucid and comprehensive, this volume will be an indispensable resource for students and researchers of law, business and company law, monetary economics, macroeconomics, Asian law, and comparative law. It will also be useful for teaching faculty, legal practioners and bankers.

This book provides a comprehensive analysis of the illicit practice of football trafficking, focusing on the exploitation of underage African players being transferred to Europe. It delves into the broader context of human trafficking, examining relevant international laws and their application to football. Through critical analysis of FIFA's regulatory framework, the book questions the effectiveness of the organisation's current anti-trafficking policies and proposes actionable solutions for reform. By integrating theoretical insights with practical recommendations, the book outlines strategies such as Sport for Development and Peace (SDP) programmes and child-centred approaches to protect vulnerable young athletes and address some of the core factors that drive the occurrence of the crime. This book is an essential resource for scholars, policymakers, legal professionals, and stakeholders in the sports industry. It offers valuable insights into the complex interplay between sports, law, and human rights, making it particularly relevant for those interested in sports law, international law, and human trafficking prevention. Readers will benefit from the book's in-depth exploration of the regulatory challenges at play and the array of proposed remedies, giving readers a deeper understanding of how to create a safer and more ethical environment for the at-risk youths involved in football globally.

Merten Reglitz proposes a new human right that ensures Internet access for those who cannot afford it and protects that right from arbitrary interferences by those that would exploit it for harm. The first part of the book justifies the claim for this new right by showing how Internet access is vital for the enjoyment of human rights around the globe. In the second part, Reglitz specifies the content of this right, assessing today's standard threats to Internet access. He recommends a minimum international standard of connectivity and explains how states have misused the Internet. He documents how private companies already manipulate both internet access and content to maximise profit, and how lack of rights enforcement allows people to harm others online. The book establishes that a new human right to free internet access is essential to secure its role for the benefit and progress, not detriment, of humanity.

This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.

A powerful and sophisticated analysis of how Western professionals have enabled kleptocratic elite networks and undermined the rule of law.After the Cold War ended, the British government created the conditions under which a large, multinational class of extremely wealthy kleptocrats based primarily in Russia and Eurasia could move to and thrive in London with a genuine sense of impunity. What is the role of professional enablers in the rise of kleptocracy?In Indulging Kleptocracy, John Heathershaw, Tena Prelec, and Tom Mayne examine the broad range of financial, legal, and related services provided in the UK with respect to suspicious wealth from Russian and Eurasian elites. Through a series of rich, gripping case studies, the authors show how powerful legal and financial service industries that know how to game the system have made it possible for these corrupt elites to operate with relative impunity. They detail how these enablers exploit deregulation and the under-enforcement of the law, offshore their clients' wealth, and enhance their reputations and influence via philanthropy, political donations and the use of the UK's punitive libel regime. They further argue that kleptocracy is not just a moral and economic problem that sits at the margins of real politics, but it impoverishes the global south and undermines institutions in the global north, eroding faith in democracy by empowering corrupt elite business-political networks in global politics.Shedding light on dangerous patterns of corruption, Indulging Kleptocracy explores one of the most fascinating stories in the post-Cold War era and offers suggestions on how to break the system of indulgences and stymie the globalization of kleptocracy.

The WTO is facing an unprecedented crisis, one which threatens to critically erode its relevance and destabilize global trade. Some member states have become increasingly distrustful of other WTO members, invoking trade-restrictive measures in the name of economic security. Petros C. Mavroidis's new book provides insight into current international trade, national security, and environmental challenges facing the world community, of which the World Trade Organization (WTO) is at the epicenter. Even if the WTO overcame its current crisis, its adjudication branch is insufficiently equipped to address the aforementioned challenges and the WTO contract itself is in dire need of updating. Yet, as Mavroidis argues, ensuring the survival of the WTO is crucial for rebuilding the trust of the global trading community. In this direction, Mavroidis offers concrete proposals toward improving the function of the WTO and reigniting global collaboration.

International HIPAA, Privacy and Security Law Considerations addresses the old and new generations of cybersecurity laws, compliance requirements, and threats, which need to be considered in conjunction with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) - a law that celebrated its 25th anniversary in August 2021 and continues to evolve. International cybercriminals have become more brazen, as attacks in 2021 and 2022 were aimed at children's hospitals - Boston's Children's Hospital and SickKids in Toronto, Canada. Actions like those perpetrated on children's hospitals, as well as other infrastructure considerations, such as the Colonial Pipeline prompted Executive Order 14028 - Improving the Nation's Cybersecurity, which called for the public and the private sectors to improve its prevention, detection, and correction of cyber risks and events. Government agencies, including the U.S. Department of Justice acted and implemented cyber-fraud and other cybersecurity enforcement initiatives. Cybersecurity risks continue to escalate. Now more than ever, healthcare industry participants - whether covered entities, business associates, or subcontractors - should utilize resources such as those set forth by the U.S. Department of Health and Human Services (HHS), Health Sector Cybersecurity Coordination (HC3).

Many ask if R2P is legally binding or not. By following the development of R2P from 2000-2022 and governments interactions with it throughout those years internationally, regionally and nationally, a perspective is given regarding its development as a norm within international law. The state practice and opinio juris of countries from different regions, representing varying perspectives, and the application of R2P throughout those years, provide the reader with insights on where R2P stands after more than 20 years of being part of the international fora.

This book is a definitive guide to using Right to Information (RTI) or Freedom of Information (FOI) or Access to Information (ATI) for journalists, journalism students, social activists, researchers and concerned citizens. In the age of fake news, the smart quip on Twitter, the cheap shot, the put-down, the hyperbolic rant that passes for reportage, this book shows how effective use of the RTI can be a bedrock for investigative journalism and for speaking truth to power. The volume: Presents a comprehensive history of transparency laws across the world Includes pioneering stories from the field that map how ideas were conceived, how questions were framed, how RTI applications were filed, how those were followed up, how the information was processed into a news story and what their impact was Shows how to write stories beyond the classical inverted pyramid--who, why, what, where, when and how Lists attempts to make the laws ineffective Written by one of the pioneers in the field, this volume will be an indispensable reading for scholars and researchers in political science, governance, law and legal studies, democracy, public policy, social change and media studies. It will also immensely interest the everyday reader who wants to learn more about RTI and activism.

This innovative book promotes a holistic, pragmatic and proactive approach to just transitions. Arguing that justice is both a goal and condition of transitions it rearticulates environmental and social challenges and rethinks the policies designed to overcome them. Éloi Laurent succinctly explores the concepts, frameworks, policy designs, and emerging institutions of just transitions and maps its progress from philosophical streams, to academic fields, to public policies embedded in institutions. Chapters explore a broad spectrum of transition policies, including those aimed at mitigating environmental inequality caused by air pollution and heatwaves, and proactive social-ecological policies such as fair carbon taxation and just mobility regulations. He discusses key examples from across the globe, spanning from food security in France, to water justice in South Africa, to disaster risk reduction in South Asia. Just Transitions is an essential resource for academics and students specialising in environmental sociology, sociology, social justice, social policy and ecology. Its pairing of theoretical insight and practical examples will also benefit policymakers and stakeholders working in environmental sustainability, climate change and public policy more broadly.

This book argues that the imagination of the worker-citizen, inherent in citizens' constitutional duty to work, is the very foundation of constitutional citizenship and its social justice agenda. The design of social justice in the constitution takes labour as its core ideological and political commitment, seeking to treat workers fairly for their social contribution through work. Employing this constitutional design, this book evaluates the recently repealed labour law against the constitutional metric of social justice. Drawing on the components of social justice, the book evaluates the new labour law in its capacity to promote market-based distribution, respecting basic individual liberties; the complementary redistribution of public goods, upholding the principle of solidarity; and worker participation in decisions about the operation of the market and the state. In offering such evaluation, the book conceives of work in its wider social relationship in contrast to its narrower private exchange rationale.

Since the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.

Multilingual Communications Surveillance In Criminal Lawhighlights the vital yet overlooked roles of Intercept Interpreters and Translators (IITs) in criminal justice operations. Nadja Capus, Cornelia Griebel and Ivana Havelka conduct an interdisciplinary investigation, exploring IITs navigation of complex legal, linguistic and translational challenges. They advocate for improved practices to ensure quality, fairness and integrity in investigations within criminal proceedings when communication is monitored in multiple languages. This book is the result of a collaboration between experts across criminal law, legal interpreting and technology-assisted translation. Through meticulous empirical and theoretical analysis, Capus, Griebel and Havelka examine IITs' indispensable function in evidence gathering and navigating surveillance obstacles. Employing diverse research methods, including reviewing legal documents, analyzing the translations of intercepted communications, conducting observations, surveys, and interviews, the authors thoroughly explore linguistic intricacies in the context of criminal proceedings. Offering insights and practical recommendations to enrich professional practices and understanding, Multilingual Communications Surveillance In Criminal Lawis essential for academics, students and practitioners of law and criminal justice, legal reform, interpreting and translation. Police officers tasked with communication surveillance will benefit from the authors' practical advice and explanations of challenges of interpreting and translating.

This book maps out the moral, legal and societal issues brought forth by the use of autonomous systems such as AI and smart robots in outer space. Humanity is on the brink of a new space era in which projects for permanent human colonies on the Moon and space missions with autonomous AI systems will soon become a reality. Principles and provisions of international space law fall increasingly short in tackling this scenario. Experts and institutions have recommended improvements to the legal framework, such as new international agreements, or policies that would not require any amendment to conventional law. Most of the time, such proposals and recommendations overlook the challenges posed by technology and how autonomous and intelligent systems in outer space require moral and legal standards of their own. This book argues that the traditional focus on satellite communications, space-related services, and the appropriability of celestial resources needs to be integrated by new laws of outer space regulating cybersecurity law and environmental law, data governance and consumer protection. The new laws of outer space will increasingly concern the development of new standards for the behaviour and decision-making of AI systems and smart robots, with and without humans aboard deep space missions and in next-generation colonies. What laws shall govern us out there, in a new terra incognita? This is the question that the book sets out to answer.

The story of the commercialization of biology by a pioneer in biotechnology patenting Shortly after the emergence of genetic engineering in the 1970s, academic biologists were courted by venture capitalists and multinational companies. Researchers who understood the new biology of the time went from being merely curious about how the natural world functioned to realizing that they could profit from their newfound recognition. As they were inventing all sorts of newfangled organisms, biologists became acquainted with intellectual property. Patenting Life provides insights into legal fights over patented microbes, virus-resistant crops, ownership of body parts, and the patents they engendered. Covering the early days of recombinant DNA science to the present, Goldstein shares cases from his own career and those of others involving blockbuster biological drugs, aseptic mosquitoes, genetically engineered cows, and CRISPR, the modern gene-editing technology that promises to vanquish congenital diseases such as sickle cell anemia. He also addresses the perceived downsides of the patent system: the high prices of drugs, international access to COVID-19 vaccines and other medicines, and the ascent of genetically modified crops. Patenting Life will appeal to readers interested in science and technology and also those interested in laws promoting innovation.

Operating alongside public enforcement, private enforcement deters anticompetitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anticompetitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential. Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law. Providing new insight into a topic of growing importance, Caro de Sousa's book is designed to aid practitioners, policymakers, and researchers in dealing with competition matters.

Palestinians have used the language of human rights to articulate their struggle against the Israeli occupation and internationalise the injustices they face. Palestinian young people learning about human rights at school experience a dissonance between the aspirational and internationalised framework of those norms and the layers of injustice of their own lived experience. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people - the Israeli occupation that denies them their humanity; the Palestinian pseudo-state that denies them a voice; and patriarchal structures that deny them agency - to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonial theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse, which may not align with more conventional representations of human rights. It contends that human rights and, by extension, human rights education in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.

This book considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws,' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia.Â

This book evaluates the role played by statistical evidence in litigation. Despite the increasing prevalence of statistical evidence in modern litigation, how such evidence should be admitted and used by courts is often inconsistent and widely criticised. Accepting that statistical evidence can lead to more accurate decisions, the book proposes criteria that could allow courts to decide that statistical evidence is good for fact-finding. The many and varied scholarly debates regarding statistical evidence have by and large avoided judicial attention. Unlike previous works, this book contextualises those debates in the language and practice of evidence law, focusing principally on Australia, as well as the UK and the USA. It does so by identifying that the controversy around statistical evidence follows the three-tiered statistical syllogism underlying statistical inference: first, whether statistical evidence is capable of establishing an association between phenomena in a state of nature; second, inferring that phenomena to an individual from the general association; and third, whether statistical evidence can be sufficient for proof of contested facts. Objections are said to arise at each level of this syllogism and, by mapping these objections onto evidence law, the book argues that a pathway for the judicial evaluation of statistical evidence can be constructed.

Undertaken in Dubai in 2023, the 'First Global Stocktake' under the Paris Agreement called for a tripling of installed global renewable energy capacity. Achieving this goal will require significant financial, technical, and legal effort, and a key task in meeting it will be to 'derisk' global renewable energy projects by making the rules governing these projects more transparent, predictable, and uniform. The Transnational Law of Renewable Energy aids this task by providing a unified and comprehensive analysis of the transnational law that currently governs renewable energy projects, and providing a transnational legal approach.Drawing on regulatory frameworks and practice in public international law, comparative law, and transnational case law, the book establishes the first transnational lex regenerative, or transnational law of renewable energy. The volume covers a range of regulatory topics relating to transnational renewable energy projects, including the regulation of their entry into the market and financial support mechanisms. It also covers commercial topics from construction to joint operation to financing, as well as further addressing the role of renewable energy in advancing global sustainable development.Comprehensive and original, The Transnational Law of Renewable Energy provides key takeaways from its study in callout boxes that clearly summarize the conclusions of each section. It will appeal to practitioners and government officials, as well as students and academics doing research regarding global renewable energy projects.

A timely history of the profound impact of Earl Warren's Supreme Court on many areas of modern American government and society From 1953 to 1969, Earl Warren served as chief justice of the US Supreme Court. During that time, the Warren Court made a number of historically important decisions involving anti-miscegenation laws (Loving v. Virginia), the right to privacy (Griswold v. Connecticut), and, perhaps most important, racial segregation (Brown v. Board of Education). In The Warren Court and Democratic Constitution, Horwitz highlights the radical shift in traditional jurisprudential ideas that occurred during Earl Warren's tenure as chief justice. He details how Brown v. Board of Education exerted a powerful influence on the agenda of the Warren Court and reshaped almost every subject area in constitutional law. With this decision, the concept of a "living Constitution," the idea that the Constitution ought to develop to accommodate social change, emerged and was institutionalized by the Court. Brown inspired a more active reading of the Equal Protection Clause, and the Court soon applied this expanded notion of "equal protection" to legislative apportionment, recognized the rights of supposed "outsiders" (e.g., undocumented peoples and children born out of wedlock), and initiated a new era of legal attacks on gender discrimination. The Warren Court's jurisprudence is radically opposed to the current Supreme Court's emphasis on originalism, the approach of interpreting the Constitution according to its meaning at the time of writing. Readers interested in an alternative to originalism, as well as Supreme Court history and civil rights, will gain a deeper understanding of the profound impact of the Warren Court on many areas of modern American government and society.