New Books: All New Books

Over the last six decades, Africa has attracted less than 4% of global foreign direct investment, and yet is party to nearly a quarter of the world's investment cases under the International Centre for Settlement of Investment Disputes (ICSID). The African states' support was indispensable for the creation of the ICSID, but once it began its adjudicative function it became a source of dread for Africans. Since the beginning of the new millennium, however, Africa has embarked on innovative reform efforts and questioned the shortcomings of international investment law. Africa's International Investment Law Regimes offers a qualitative study of more than 30 cases ranging from the 1970s to present and methodically appraises Africa's investment treaty activity. In these examinations, Won L. Kidane assesses whether the adopted and proposed continental, regional, and bilateral reform efforts are indeed responsive to the actual deficiencies of the existing regime. This book is unique in its thorough treatment of African ICSID cases. Kidane's conclusions illuminate a lack of evidence in claims of institutional bias but address the reckoning African states have undergone to become full participants in the process with proper representation. Africa's International Investments Law Regimes is an essential read for academics, practitioners, policy makers, and international stakeholders alike as these cases and reformed treaties have and will continue to shape the jurisprudence of the ICSID, the nature of international investment law, and ISDS in general.

This first full-length biography of Alton Brooks Parker provides an in-depth look into the life, career, and legacy of one of the most important New Yorkers of the Gilded Age. Parker had the courage to challenge Theodore Roosevelt for the presidency in 1904--at the height of Roosevelt's popularity--and was a transition point between the conservative and the new, progressive wing of the Democratic Party. Based on new archival research, this book contributes to our understanding of how political campaigns were conducted during the Gilded Age/Progressive Era, in comparison to modern campaigns. It also provides insights into the changing Democratic Party as it transformed from the presidency of Grover Cleveland to the presidencies of Woodrow Wilson and Franklin D. Roosevelt.

The law-and-economics movement remains a dominant force in American private law, even though courts and commentators recognize that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail on their own terms, even for those who accept their most important assumptions and goals. Adopting an analytical approach and using some law-and-economics methods against the leading arguments in that field, Shawn Bayern shows that economic thinking fails to explain or justify most rules in the common law. Bayern masterfully surveys leading law-and-economics arguments in tort, contract, and property law and shows them to be fragile, self-contradictory, or otherwise problematic. Those who accept that efficiency is important should not be persuaded by the kind of law-and-economics arguments that have remained in vogue among legal scholars for decades.

The scope of Artificial Intelligence's (AI) hold on modern life is only just beginning to be fully understood. Academics, professionals, policymakers, and legislators are analysing the effects of AI in the legal realm, notably in human rights work. Artificial Intelligence technologies and modern human rights have lived parallel lives for the last sixty years, and they continue to evolve with one another as both fields take shape.Human Rights and Artificial Intelligence explores the effects of AI on both the concept of human rights and on specific topics, including civil and political rights, privacy, non-discrimination, fair procedure, and asylum. Second- and third-generation human rights are also addressed. By mapping this relationship, the book clarifies the benefits and risks for human rights as new AI applications are designed and deployed.Its granular perspective makes Human Rights and Artificial Intelligence a seminal text on the legal ramifications of machine learning. This expansive volume will be useful to academics and professionals navigating the complex relationship between AI and human rights.

This book looks at why and how states should legally ban LGBTQ+ 'conversion therapy'. Few states have legislated against the practice, with many currently considering its legal ban. Banning 'Conversion Therapy' brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of 'conversion therapy' in different contexts. The book considers how best to address this complex and interdisciplinary legal problem which cuts across human rights law, criminal law, family law, and socio-legal studies, and which represents one of the key contemporary problems of LGBTQ+ equality and national and international human rights activism.

Beware Euphoria uncovers the roots of America's moral obsession with drug regulation, offering a lively and fascinating history of the nation's racialized fear of intoxication. Challenging the idea that early antidrug laws in the US arose from racial animus, George Fisher instead shows in textured detail how US drug laws were driven by a deep-seated cultural taboo against euphoria and a preoccupation with white moral integrity. From nineteenth-century opium dens to the war on cocaine and cannabis, and more, Fisher offers a vivid tour of the sites of conflict, along with a convincing case for how the moral discourses and social contexts of the day pit drugs against the law. Bringing this history up to the present, Fisher shows how the racial dynamic has changed dramatically. As harsher penalties swell prisons with mostly nonwhite dealers, antidrug laws have come under renewed scrutiny as a tool of racial oppression. The book closes with an examination of cannabis legalization, driven in part by the movement for racial justice.

This significant and timely book explores a novel market mechanism, Stock Connect, which gives mutual market access to Chinese and international investors, and provides original analyses and fresh insights. This mechanism could become the new normal in future global financial integration. By examining this cross-border scheme from a regulatory perspective via a three-tiered analytical framework (investors, issuers and regulators), this book unearths the profound implications of Stock Connect to local and global financial markets and the legal impediments to its implementation. It covers a broad range of topics in this cross-boundary investment channel, including an overview of four existing connectivity arrangements (Shanghai-Hong Kong, Shenzhen-Hong Kong, Shanghai-London and China-Switzerland), the uniqueness of these connectivity arrangements, investor protection, regulations of connect issuers, regulatory cooperation and enforcement, the impacts on local and global financial markets, the implications for the world market connectivity as well as the challenges and future of Stock Connect. This pioneering study will appeal to a broad range of readers who are interested in the on-going reshaping of international financial systems and China's emerging influence in the international financial order.

Collective self-defence can be defined as the use of military force by one or more states to aid another state that is an innocent victim of armed attack. However, it is a legal justification that is open to abuse and its exercise risks escalating conflict. Recent years have seen an unprecedented increase in the number of collective self-defence claims. It has been the main basis for US-led action in Syria (2014-) and was advanced by Russia in relation to its full-scale invasion of Ukraine (2022-). Yet there still has been little analysis of collective self-defence in international law. This book crucially progresses the debate on various fundamental and under-explored questions about the conceptual nature of collective self-defence and the requirements for its operation. Green provides the most detailed and extensive account of collective self-defence to date, at a time when it is being invoked more than ever before.

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today's international legal order, while offering concrete arguments for its effective application.

Elegant Legal Writing helps attorneys elevate their writing from passable to polished. Drawing on ideas from cognitive science, stylistics, and litigation strategy, the book teaches practical techniques by example using fast-paced chapters. Readers will learn the essentials of effective legal composition: Writing clear, efficient prose Crafting strong arguments Telling a client's story through a compelling narrative Overcoming procrastination and drafting more productively Readability, aesthetics, and argumentation are intertwined. Ryan McCarl shows how litigation documents that are easier and more pleasant to read are more likely to persuade judges and other busy readers. The book also discusses parts of legal writing that many guides overlook, including sentence mechanics, writing technology, and typography.

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

One of the most commonly cited virtues of American federalism is its "laboratories of democracy"--the notion that decentralization and political competition encourage states to become testing grounds for novel social policies and ideas. In Experimentalist Constitutions, the first book that systematically compares subnational experimentalism in different countries, Yueduan Wang argues that the idea of federal laboratories is not exclusive to the American system; instead, similar concepts can be applied to constitutions with different center-local structures and levels of political competition. Using case studies from China, India, and the United States, the book illustrates that these vastly different polities have instituted their own mechanisms of subnational experimentalism based on the interactions between each country's constitutional system and partisan/factional dynamics. In this study, Wang compares and contrasts these three versions of policy laboratories and comments on their pros and cons, thus contributing to the discussion of these great powers' competing models of development.

Representing a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries. Providing a wealth of legal analysis, Umair Ghori explores a variety of central themes including the role of export restrictions and controls and their differences, the impact they have on WTO Members' international trade and economic security interests, the inadequacies of the rules on export restrictions and how this affects the interests of trading nations, and meaningful reforms in trade and development. Ghori draws on historical and theoretical dimensions and examines the latest developments within the field. Through the judicious use of empirical evidence, Export Restrictions and Export Controls illustrates the pressing need for reform of current WTO disciplines in order to support the aspirations and security interests of the developing world. Both innovative and accessible, this book will appeal to academics, researchers and students of international trade and security studies, international economic law, trade law, and global and transnational law. Bringing a diverse perspective to scholarly discourse, it will also be of benefit to those interested in the wider field of international relations.

This text is designed to assist students--both law and undergraduate--to achieve a basic understanding of this complex area of the law, and provide an up to date review for the practitioner. The focus is upon Title VII of the Civil Rights Act of 1964 (race, national origin, sex, and religious discrimination), the Age Discrimination in Employment Act, and the Americans with Disabilities Act as applied to the workplace. The book addresses the method of proving violations, both disparate treatment and disparate impact analysis, including a brief primer of statistical proof, as well as the defenses to the express use of proscribed classifications. Finally, the book provides a quick reference to the complex procedural and remedial provisions of the statutes.

This accessible How To Guideprovides practical, expert guidance on how to successfully set up and run a law clinic. Donald Nicolson, JoNel Newman and Richard Grimes explore the process of designing a clinic to address unmet legal needs, enhance student learning, and maximise the additional benefits of a clinic. How to Set up and Run a Law Clinicis a comprehensive guide to the theory and practice of running a clinic. Based on the authors' first-hand experience, the book analyses a variety of day-to-day issues that can arise when setting up a law clinic and provides invaluable solutions to these commonly occurring challenges. In investigating how clinics may be run, and what services they can provide, the book investigates possible tensions between educational and social justice objectives, and how they may be resolved to meet these dual aims. The book examines how the expectations of all stakeholders, including those with regulatory oversight of clinical activities, can be managed and met. Those working within law schools who are wishing to set up or expand law clinics will find this book to be highly useful. It will be a valuable resource for those aiming to enhance employability and experiential learning offerings. Students, and legal practitioners, wishing to gain insight into the value of clinical work will also find this to be a helpful guide.

Traces the role of the aggravated felony in today's deportation regime In immigration courts across America, a non-citizen convicted of an "aggravated felony" will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either "aggravated" or "felonies." The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation. This book chronicles the rise of the use of the aggravated felony, known by lawyers as the "immigration law death penalty," to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation--and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.

This book speaks to debates on law, constitutionalism, and the contested terrain of political identity in modern India. Set against the overwhelmingly liberal design of the Indian Constitution, the book demonstrates a tendency in the Constitution and its practice to identify the Indian people in parochial and communal terms. This tendency is identified as India's Communal Constitution and its imprint on contemporary constitutional practice is illustrated by drawing on the constitutional practice as it addresses religious freedom, personal law, minority rights and the identification of caste groups. Thus, casting the Constitution and its practice as a field of contest, the aspiration to define the Indian people as a community of individual citizens is brought face to face with its antagonists. The most significant of these antagonists is the tendency to cast the Indian people as a collection of communities which this book examines and details as India's Communal Constitution.

The International Criminal Court in a Nutshell is a timely and concise introduction to the International Criminal Court. After a brief history of the creation of the ICC, it covers the Court's jurisdiction and operations and the Court's procedures from the initiation of a case through trial, appeal, sentencing, and reparations. Other chapters cover the substantive law the Court applies, including modes of liability and defenses and the unique role and rights of victims in the ICC system. It also covers the ICC's complex relationships with the United Nations and the United States. The book is meant to be useful to anyone interested in the ICC, from beginning students to scholars and practitioners interested in the Court.

A practical plan for providing legal help to all, regardless of resources Millions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law? Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states. If the rule of law is the bedrock that American democracy rests upon, then the justice transformed system must be open and user-friendly to all. Law Democratized makes a compelling argument for transforming the American legal landscape through engaged citizenship, ethical innovation, expanded education, and regulatory reform, in order to democratize law and make legal help more accessible.

A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump's presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution's various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt's new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.

In the first comprehensive history of libels in Elizabethan England, Joseph Mansky traces the crime across law, literature, and culture, outlining a viral and often virulent media ecosystem. During the 1590s, a series of crises - simmering xenophobia, years of dearth and hunger, surges of religious persecution - sparked an extraordinary explosion of libeling. The same years also saw the first appearances of libels on London stages. Defamatory, seditious texts were launched into the sky, cast in windows, recited in court, read from pulpits, and seized by informers. Avatars of sedition, libels nonetheless empowered ordinary people to pass judgment on the most controversial issues and persons of the day. They were marked by mobility, swirling across the early modern media and across class, confessional, and geographical lines. Ranging from Shakespearean drama to provincial pageantry, this book charts a public sphere poised between debate and defamation, between free speech and fake news.

The Chinese Civil Code (2020) is the first ever Civil Code in mainland China since 1949. In addition to the consolidation of existing civil legislations, the Code incorporated a number of doctrinal and structural changes that are significant both in and beyond China. The chapters in this volume demonstrate the extent of European influence in Chinese Civil Law and also shows how Chinese law innovates upon those influences. The book shares the insights from both the key Chinese scholars who were directly involved in the drafting process and veteran Western scholars who study Chinese private law.

Throughout Oceania, land is central to identity because it is understood to be spiritually nourishing and sustaining. Land is the mother. Land, and the kinship it nurtures, is the basis for sustaining livelihoods and ways of life. Therefore, Indigenous dispossession from the land has deep and far-reaching consequences. My Land, My Life: Dispossession at the Frontier of Desire explores the land rush that took place in Vanuatu from 2001 to 2014 which resulted in over ten percent of all customary land being leased. In this book, Siobhan McDonnell offers new insights into the drivers of capitalist land transformations. Using multi-scalar and multi-sited ethnography, she describes not simply a linear march toward commodification of the landscape by foreign interests, but a complex web replete with the local powerful Indigenous men involved in manipulating power and property. McDonnell meticulously describes land-leasing processes and maps the relationships between investors, middlemen, and local men. She shows how property is a tool with which foreigners reassert capitalism and neocolonial control over Indigenous landscapes. The legal identity of "landowner" contains foundational contradictions between the rights established in Vanuatu's kastom system and those afforded by property, as individualized rights over land. Property has also created sites for the production of masculine authority and enabled men to manipulate claims to land and entrench their personal power. This book explores how transactions of customary land have created new domains of agency and frontiers of desire: foreign desire to possess land and local desire to lease land for cash. It concludes with a discussion of Vanuatu's constitutional and land reform package, drafted by the author, which took effect in 2014 and delivered a more empathetic approach to Indigenous land rights and ended the land rush. Informed by decades of study, legal work, and community engagement, My Land, My Life demonstrates an engaged anthropological practice based on reciprocity that responds directly to what Indigenous people have asked for. This book is certain to appeal to a wide range of scholars as well as policy makers.

Based on both judicial practice and legal theory, this book examines the phenomenon of low acquittal rates in China from the perspective of substantive law and formulates the theory of substantive decriminalization. In response to this pressing phenomenon, the author critically examines the prevailing tendency in the circle of criminal theory in China, which emphasizes criminalization over decriminalization and harm outcomes over behavioral process. The book attempts to think outside the box of procedural law, an approach that has yielded fruitful results but is limited in understanding decriminalization. Instead, it emphasizes the principle of substantive law, grounded in the modesty and restraint of criminal law and the protection of human rights. From the perspective of criminal class theory and criminal policy, the book proposes the theoretical framework of substantive decriminalization, which provides insight into the whole picture of the decriminalization mechanism of China's civil law and also has great practical relevance to China's criminal justice. The title will be an important reference for scholars, students and legal professionals interested in the issue of decriminalization, legal theory and Chinese criminal law.

This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.

When the United States violates the laws of war, who should bear the responsibility? The US has historically relied on the checks and balances of Congress and the Supreme Court to constrain executive power, and yet these boundaries are challenged by presidential war power. While other scholars have focused on presidents starting military conflicts abroad or infringing on civil liberties at home, Stuart Streichler integrates international humanitarian law into an analysis of the repercussions of presidential war powers for human rights. Presidential Accountability in Wartime starts by outlining the history of the development of the laws of war, including the Geneva Conventions and Nuremberg Trials. Then, using President George W. Bush's authorization of interrogating detainees of the CIA and US armed forces during a national security crisis as a case study, Streichler examines how the checks and balances of Congress and the Supreme Court failed to hold anyone personally responsible. He uses originally classified documents to unravel the decision-making process of the White House and how it fits into the wider context. The book closes with an insightful interpretation of the torture debate that highlights the hazards of relying on the body politic to hold wartime presidents accountable and the repercussions for basic human rights in times of war. In doing so, it raises profound questions about the character of the presidency, the unreliability of checks and balances, and the American constitutional system of government.

Energy transition is a complex global problem, with governance and policies cutting across multiple legal silos including human rights, environment, international economics, finance, energy, law of the sea, and transnational commerce. As of yet, there is no comprehensive treatment of the legal principles governing energy transition as a whole. Furthermore, energy transition must solve a trilemma that pits energy equity (the need to provide access to energy needed to fuel human development) and energy security (the need to provide resilient and reliable energy systems) against environmental sustainability. Without a comprehensive understanding of these issues, law and policy-makers risk exacerbating rather than resolving the underlying problems. Principles of International Energy Transition Law introduces the energy transition problem by situating the climate emergency in its broader energy and development context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. It combines the different legal perspectives in one consistent analysis by outlining their interactions and showing how they can be reconciled. The book discusses thirty-two international legal principles governing different aspects of the energy transition trilemma's three parts. It then uses a commons governance perspective to propose a holistic approach to applying and balancing these different parts and their different legal principles. Highlighted sections summarise the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.

Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

The United States is in the midst of a significant re-evaluation of its criminal justice system, with increasing calls for reforming or defunding the police and efforts to curb mass incarceration. But focusing on the public criminal justice system paints an incomplete picture of how we address criminal activity. In Private Criminal Justice, Ric Simmons shows how significant amounts of criminal activity are detected by private police and how many disputes are settled, not in public courts, but through informal agreements between the victim and the accused or through adjudicative procedures run by private institutions. In this timely and eye-opening book, Simmons examines the vast, diverse, and under-appreciated private criminal justice system, suggesting reforms that can make these private responses more fair and revealing lessons the private criminal justice system can teach reformers of the public criminal justice system.

In Privatization and Its Discontents, Matthew Titolo situates the contemporary debate over infrastructure in the long history of public-private governance in the United States. Titolo begins with Adam Smith's arguments about public works and explores debates over internal improvements in the early republic, moving to the twentieth-century regulatory state and public-interest liberalism that created vast infrastructure programs. While Americans have always agreed that creation and oversight of 'infrastructure' is a proper public function, Titolo demonstrates that public-private governance has been a highly contested practice throughout American history. Public goods are typically provided with both government and private actors involved, resulting in an ideological battle over the proper scope of the government sphere and its relationship to private interests. The course of that debate reveals that 'public' and 'private' have no inherent or natural content. These concepts are instead necessarily political and must be set through socially negotiated compromise.must be set through socially negotiated compromise.must be set through socially negotiated compromise.must be set through socially negotiated compromise.

In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms - including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution - and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.

This book provides the first consideration of quantum principles in legal decision making. It shows how quantum probability theory can be applied to psychology and law to deepen our understanding of psychological and legal issues, suggesting a paradigm shift in the study of these areas. Written as an introduction to quantum probability theory for non-physicists, the book offers an accessible summary of how psychology can be applied to quantum phenomena for human decision making. It introduces psychologists and lawyers to fresh conceptual frameworks, including classical probability theory, classical statistics, data mining and quantum theory. Wojciechowski shows how quantum theory and concepts can be transferred to psychological research models, and can help to resolve previously unexplained psychological phenomena, influence scientific views, undermine traditional foundations of the legal system and result in the development of new research directions. Studies conducted by the author are used to show how problems facing legal decision making can be addressed in a completely new light with the application of quantum probability theory. This cutting-edge and innovative book will be of great interest to graduate students and researchers in the fields of forensic psychology and legal decision making, as well as legal professionals and legal scholars.

In pursuit of the question of law, Young Kim explores foundational political and moral concerns and develops a new normative theory of law. This theory of law may be stated as two principles, in lexical priority, as follows: First Principle: One should obey those laws of legal-rational political authority that do not otherwise violate societal norms and customs. Second Principle: Government should only enforce rules of human behavior of legitimate legal-rational political authority. This view understands the foundation of law to be political, including the power to enforce rules. Thus, as this book argues, the question of law is seen primarily as a question of obedience--whether and in what circumstances it is appropriate to obey the law. Furthermore, justice is seen as providing the moral framework within which rules of law are articulated. Law should serve the demands of justice; in particular, the theory of justice as right actions, which is led by moral concerns.

A rare look at the brute-force mechanics of deportation in the United States.   In December 2017, U.S. immigration authorities shackled and abused 92 African refugees for two days while attempting to deport them by plane to Somalia. When national media broke the story, government officials lied about what happened. Shackled tells the story of this harrowing failed deportation, the resulting class action litigation, and two men's search for safety in the United States over the course of three long years. Through Abdulahi's and Sa'id's firsthand accounts, immigration lawyer Rebecca A. Sharpless brings to life the harsh consequences of the U.S. deportation system and how racism and anti-Blackness operate within it. Sharpless follows the money that ICE funnels into local jails, private contractors, and charter jets, exposing a sprawling system of immigration enforcement that detains and abuses noncitizens at scale. Woven with the wider context of Abdulahi's and Sa'id's stories, this immigration odyssey reveals disturbing truths about Somalia, asylum, and the U.S. court system. Shackled will galvanize readers--attorneys, activists, policymakers, and scholars alike--to call out and dismantle this brutal infrastructure.

Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.

The bill of lading has been the subject of numerous articles, dissertations, and textbooks over the years, and this is hardly surprising. The bill of lading has a fascinating history, it has several functions with roots in both contract and property law, and its issuance may trigger the application of an international convention on the carriage of goods by sea, the Hague-Visby Rules. Whereas most books on the subject deal with the bill of lading in general, this book zooms in on the straight bill of lading and covers the differences (and similarities) with a negotiable (order or bearer) bill of lading.

Contrary to conventional wisdom, there has been a continuing though vacillating gulf between the requirements of international law and the UN on the question of Palestine. This book explores the UN's management of the longest-running problem on its agenda, critically assessing tensions between the organization's position and international law. What forms has the UN's failure to respect international law taken, and with what implications? The author critically interrogates the received wisdom regarding the UN's fealty to the international rule of law, in favour of what is described as an international rule by law. This book demonstrates that through the actions of the UN, Palestine and its people have been committed to a state of what the author calls 'international legal subalternity', according to which the promise of justice through international law is repeatedly proffered under a cloak of political legitimacy furnished by the international community, but its realization is interminably withheld.

This book is about heroes of law. It provides examples of when judges have exercised courage, moderation, wisdom, and justice rather than blindly following the law. It also discusses the contentious issue of whether a judge has a moral responsibility to defend the rule of law, regardless of what the law actually states. The work presents a collection of thirteen stories about judges who in different settings have stood up against the authorities and public opinion in the defence of the rule of law. An introductory chapter sets the scene with two examples of situations gone wrong when those applying the law have just followed the demands of those in power. The thirteen stories are followed by two theoretical chapters discussing the moral responsibility of the judge. Finally, the book explores the kind of ethical theory required to guide judges in the assessments they must make, and the choices they have to take in order to fulfil their moral responsibilities. It is argued that the classic virtues of courage, moderation, wisdom, and justice are all qualities that can contribute to both sound judgment and reflection. The book thus seeks to nurture a realistic culture and a tradition of cultivating lawyers who defend the rule of law. Against a background where the history of our legal institutions when put to the test, is largely nothing to be proud of, the work seeks to change this by highlighting and reflecting on the exceptions. The book will be illuminating reading for students and academics working in the areas of Jurisprudence, Legal Ethics, and Legal History.

There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.

This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African "lawscape"--in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.

An ambitious study of our obsession with complicity that shows how we can all become "good accomplices."   Beyond Complicity is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?   Francine Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.

In light of malpractice risk and increasing workload, it is vital for practitioners to work effectively and efficiently. This manual provides a tool for promoting the quality of application conduct by enhancing mindfulness of the practitioner to procedural options available at any given point during the application protocol. It will aid the practitioner in anticipating the Patent Office's actions, as well as elevate the practitioner's awareness of options available in prosecuting an application. Table of Contents: Part One: Domestic Filing Practice Introduction - Patents: The Weak and the Strong Sources of Domestic Patent Law Pre-Filing Activities & Considerations Filing Post-Filing Post-Grant Part Two: Foreign Filing Practice Introduction: Patent World Sources of International Patent Law and Regulations Principal International IP Accords Pre-Application Activities and Considerations Application/Prosecution Foreign Filing Strategies Part Three: International Biotechnology Patent Applications Introduction: Patents for Life Domestic Biotechnology Patent Applications International Biotechnology Patent Application Indexes Appendix

This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

Counterfeit Goods and Organised Crimeis an in-depth inquiry into the fake goods trade and the involvement of organised crime groups. In this seminal work, Michael Blakeney comprehensively analyses the impact of counterfeiting on the principal industries affected by it. It looks at international, national and regional counterfeit legislation, organised crime groups and counterfeiting customs control. Through an interdisciplinary analysis, Professor Blakeney assesses the size of the counterfeit goods trade, its drivers, and its impact on commerce, public order and health. The book includes a broad range of case studies focusing on the areas most affected by the counterfeit trade: medicines and pharmaceuticals; food, wines and spirits; luxury goods; vehicle and aircraft parts; and herbicides, fertilisers and pesticides. As counterfeiting is driven by the search for profits, Professor Blakeney argues for disincentivising organised crime groups via the legal confiscation of the proceeds of crime. This innovative book's examination of the trade in international counterfeit products will interest scholars, practitioners and policy-makers in the fields of trademark law, customs and trade law, and crime and corruption studies. It will also be invaluable for regulators and compliance personnel, legal practitioners and industry representatives.

This progressive book critically analyses the current state of data protection enforcement and proposes a new auditable framework of practical guidelines to contribute to a more sustainable data-driven future. In outlining the debates relating to current data protection structures, Paolo Balboni and Kate Elizabeth Francis argue that legislation alone cannot sufficiently protect individuals' fundamental rights and freedoms, and instead consider the pressing need for a more ethical approach to data protection. They present the Maastricht University Data Protection as a Corporate Social Responsibility Framework (UM-DPCSR Framework), outlining not only its features, but also how it can fill the gap left by the inadequacies of a merely legal approach to data protection. Balboni and Francis persuasively call on organisations wishing to contribute positively to society through data processing to adopt this framework and to commit to doing good with data or, at the very least, to avoid harming individuals by processing their data. Data Protection as a Corporate Social Responsibilitywill be a beneficial read for scholars and students with particular interest in corporate law and governance, human rights, internet and technology law, and privacy. It will also appeal to legal professionals, cybersecurity professionals, and sustainability specialists alike.

Although expressly prohibited under international law, discrimination is amongst the humanitarian issues that adversely impact persons, communities, and society at large, in all types of armed conflicts. In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. Discrimination is often the root cause of, or it is intrinsically linked to, armed conflict. The realities of such situations can also exacerbate inequalities that predate the outbreak of the conflict. Addressing a significant dearth in legal literature, this discerning book analyses an array of sources of international humanitarian law (IHL) and human rights law in order to define a method to distinguish between prohibited discrimination and other differentiations in armed conflict that are permitted or even required by law. To facilitate the evaluation of a practice as discrimination, Dvaladze utilises illustrative examples from recent practices in contemporary armed conflicts and interactive flowcharts. Offering in-depth analysis of the principles of equality and non-discrimination in armed conflict, this book will be a beneficial resource for audiences interested in international law, namely law of armed conflict or IHL and human rights. Practitioners, policymakers, and academics, as well as those in the wider humanitarian sector, will find this book to be a valuable read.

This groundbreaking book uses the idea of experience to investigate the various ways in which international organizations are understood and captured by judges, legal practitioners, legal researchers, legal theorists, and thinkers of global governance. Adopting a unique phenomenological approach, Jean d'Aspremont questions the key patterns of thought that inform the legal practice of international organizations, arguing that said organizations are the product of five specific experiences: affection, insulation, edification, restriction, and conciliation. Through this critical lens, d'Aspremont highlights the limits of the current conceptualizations of international organizations which populate legal practice and legal literature. In doing so, the book crucially develops contemporary discourse on how international lawyers build their claims about the status, rights, duties, responsibilities, failures and falls of international organizations; and assesses how international organizations are thought about in relation to international law, international relations and studies of global governance. Insightful and thought-provoking, this distinct approach will be a fundamental resource for researchers, scholars and theorists in law and politics, legal theory, international relations and public international law. Professionals and practitioners working in these sectors will also find this book an enlightening read.

This open access book delivers a much-needed analysis of the relationship between the EU's financial constitution and European integration. The economic rescue package NextGenerationEU has multiplied the EU's financial volume and thereby raised the question of the state of European integration anew. This open-access book 'follows the money' and surveys the financial constitution of European integration from the perspective of law, political economy, and history. Structured into 3 thematic parts, the book focuses on past and present developments of the fiscal structure of the EU as well as potential future outcomes. It raises an array of questions that are answered from different disciplinary perspectives and through the eyes of academia and practice: can underlying design flaws of the European Monetary Union be identified? What about the legality and the economic implications of the innovative policy-making at the EU level in response to the COVID-19 pandemic? What do these reflections on the EU financial constitution reveal about the development of European integration as a whole? The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.

General jurisprudence is the theory of law in general, identifying features that law has wherever and whenever legal institutions exist. But it is no hermetic inquiry. Law depends on, and has consequences for, politics and morality. In The Germ of Justice, one of the subject's prominent exponents disentangles these relationships. Professor Leslie Green probes three clusters of problems: the nature of law as a social construction, the relations between law and morality, and the demands that law makes of its officers and its subjects. Along the way, Green asks what jurisprudence can learn from the social sciences, how it is related to the humanities, how it might make progress, and why it is of value. This wonderful and accessible text engages leading theories of law and key works of Hume, Kelsen, Hart, Dworkin, Finnis, and Raz. The Germ of Justice is a must-have work in contemporary jurisprudence and a powerful contribution to political theory and moral philosophy.

"This is the first English-language monograph researching the governance of Chinese charitable trusts from the perspective of law and sociology. It is of special interest to legal academics and sociologists working in the areas of charity, governance, regulation, political liberalisation, and East Asian law"--

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

The rapid rise of global Islamic Jihadism in the past few decades and the limited success of the anti-terror campaign in halting its expansion have raised hard-hitting questions about how different political actors might preserve and restore the world's peace and security. Since the end of the Second World War, international law has often been the chief instrument employed to address global conundrums of this kind. Nevertheless, international law alone cannot solve this problem. Jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states while rejecting traditional international law rules. On the other hand, some states themselves ignore traditional international law rules to apply their so-called "counterterrorism" measures. The internationally recognized laws of war - created to protect those who do not participate in hostilities - are constantly challenged by jihadist groups and responding states in justification of their combat actions. In Islamic Jihadism and the Laws of War , Dr Omar Mekky explores both sides' legal frameworks, synthesising findings from both English and Arabic sources. Drawing from the author's field expertise as a legal advisor in the Middle East and North Africa, the book narrates how Islamic Jihadism began and evolved, outlines the laws jihadists apply during combat, addresses how states often react in their fights against jihadist groups, and aims for a pragmatic humanitarian legal formula. An essential resource for legal professionals, policymakers, academics, and students, Mekky's book initiates a constructive dialogue between international law and Islamic law.

In the weeks after Japan finally surrendered to the Allies to end World War II, the world turned to the question of how to move on from years of carnage and destruction. For Harry Truman, Douglas MacArthur, Chiang Kai-shek, and their fellow victors, the question of justice seemed clear: Japan's militaristic leaders needed to be tried and punished for the surprise attack at Pearl Harbor; shocking atrocities against civilians in China, the Philippines, and elsewhere; and rampant abuses of prisoners of war in notorious incidents such as the Bataan death march. For the Allied powers, the trial was an opportunity to render judgment on their vanquished foes, but also to create a legal framework to prosecute war crimes and prohibit the use of aggressive war, building a more peaceful world under international law and American hegemony. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was victors' justice. For more than two years, lawyers for both sides presented their cases before a panel of clashing judges from China, India, the Philippines, and Australia, as well as the United States and European powers. The testimony ran from horrific accounts of brutality and the secret plans to attack Pearl Harbor to the Japanese military's threats to subvert the government if it sued for peace. Yet rather than clarity and unanimity, the trial brought complexity, dissents, and divisions that provoke international discord between China, Japan, and Korea to this day. Those courtroom tensions and contradictions could also be seen playing out across Asia as the trial unfolded in the crucial early years of the Cold War, from China's descent into civil war to Japan's successful postwar democratic elections to India's independence and partition. From the author of the acclaimed The Blood Telegram, which was a Pulitzer Prize finalist, this magnificent history is the product of a decade of research and writing. Judgment at Tokyo is a riveting story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the Asian postwar era.

Law - charters, statutes, judicial decisions, and traditions - mattered in colonial America, and laws about religion mattered a lot. The legal history of colonial America reveals that America has been devoted to the free exercise of religion since well before the First Amendment was ratified. Indeed, the two colonies originally most opposed to religious liberty for anyone who did not share their views, Connecticut and Massachusetts, eventually became bastions of it. By focusing on law, Scott Douglas Gerber offers new insights about each of the five English American colonies founded for religious reasons - Maryland, Rhode Island, Pennsylvania, Connecticut, and Massachusetts - and challenges the conventional view that colonial America had a unified religious history.

Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.

Modern society is riven by social divisions: between conservatives and progressives; liberals and socialists; the mainstream and the rise of far-right political groups etc. Instead of truth, there are 'post-truth' and 'alternative facts'. In the wake of problems caused by untruthful politicians and world leaders, by Brexit and Covid, the need to repair or rebuild our communities has become paramount, but what kind of community should we build, and on what foundations? This book suggests that natural law is such a foundation. Natural Law and Modern Society presents a new theory of natural law, grounded in the thought of Saint Thomas Aquinas, aimed at answering questions relevant to the world of today: from the nature of morality and ethics to the theory of law, obligation and political authority; from the domestic realm to international community. It seeks to elicit from the natural law tradition timeless truths concerning the human condition, in particular the social and political dimensions to human existence. This mode of existence, it argues, is not a problem to be resolved through some permutation of political institutions, but a predicament to be managed. At the heart of the book is the identification of a 'core morality': a set of moral requirements that are foundational to every society at all places and times, as distinct from those standards that are particular to this or that society at some time.

Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses--commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.

Non-pecuniary private benefits, a phenomenon in publicly traded corporations, may be extracted by influencing shareholders to the detriment of minority shareholders and corporations. This book, with particular focus on Turkish law and American law, investigates the loopholes paving the way of non-pecuniary private benefit extractions in the context of corporate law. Pehlivanoğlu proposes to use shareholder oppression law's reasonable expectations standard to expand the reach of involuntary dissolution statutes to cover non-pecuniary private benefit extractions of influencing shareholders.

A Potent Moment assesses the current state of cannabis laws in the United States in the context of broader discussions about drug policy and advances a framework for future efforts to use cannabis legalization to advance social equity. It describes the racist origins of cannabis criminalization and the ways in which the prosecutors of the War on Drugs have disproportionately harmed people of color. It also offers numerous detailed case studies to identify both the successes and failures of the more recent movement to legalize cannabis at the state level, particularly in terms of their efficacy at using cannabis policy to redress social inequality. At the same time, the author considers the difficulty of crafting effective policies in the face of ongoing cannabis criminalization at the federal level, a theme which is present throughout the book as well as in a chapter dedicated to weighing the benefits--but also real dangers--of various proposals for national legalization. A Potent Moment ends with a forceful call to reorient American drug policy away from fear, stigma, and punishment and toward evidence-driven approaches that are applied with compassion.

This important book systematically analyses the private international law issues regarding private antitrust damages claims which arise out of transnational competition law infringements. It identifies those problems that need to be considered by injured parties, defendants, judges and policy-makers when dealing with cross-border private antitrust damages claims in a global context. It considers the post-Brexit landscape and the implications in cross border private proceedings before the English courts and suggests how the legal landscape should be developed. It also sets out how private international law techniques could play an increasingly important role in private antitrust enforcement. Comprehensive and rigorous, this is required reading for scholars of both competition litigation and private international law.

In a post Roe society where abortion is becoming increasingly difficult to access, abortion clinic escorts ensure patient safety and comfort. This qualitative study highlights the challenges and motivations escorts experienced at clinics across the country both pre and post Dobbs. Drawing on interviews with clinic escorts, the author examines how increasing abortion restrictions, lack of police support, massive clinic closures, and upticks in anti-abortion protesting from Christian organizations impact the clinic escorts' work and their perceived ability to keep the sidewalks of their clinics peaceful for patients seeking abortion care.

New Space technologies, Earth observation and satellite navigation in particular, have proven to be invaluable drivers of sustainable development, thus contributing to the protection of several human rights (the "Good"). At the same time, however, New Space technologies raise concerns for the right to privacy (the "Bad"), and face a number of challenges posed by hostile cyber operations (the "Ugly"). Dr. Arianna Vettorel analyzes the relevant international, European and domestic legal frameworks and highlights the need for several innovative approaches and reforms, in a transnational and bottom-up perspective, in order to maximize the Good, and minimize the Bad and the Ugly, of New Space technologies.

This book studies issues of public order in late colonial and earlier postcolonial India. It identifies various governmental practices, such as curfews, bans and police action, that thrive on extraordinary legislation to maintain public order. The colonial regime often deployed extraordinary legislation to curtail the liberties of individuals and groups by citing potential harm to public order. Through public order, a spectacle of sovereign power and politics of contestation between the citizens and law enforcement emerges. The book will contribute to existing discussions about sovereignty and legitimacy of state power by providing a representative sample of concrete instances such as inter and intra-community riots, labour riots, labour strikes and nationalist agitation. It will also enable a comparative approach and illustrates processes of the evolution of state formation and citizenship in South Asia.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Kenya deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.   The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured.   This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Kenya will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Transforming International Institutions illuminates how a slow, quiet, subterranean process can produce big, radical change in international institutions and organizations. Drawing on historical institutionalism and interpretive tools of international law, Graham provides a novel theory of uncoordinated change over time. It highlights how early participants in a process who do not foresee the transformative potential of their acts, but nonetheless enable subsequent actors to push change in new directions to profound effect. Graham deploys this to explain how changes in UN funding rules in the 1940s and 1960s--perceived as small and made to solve immediate political disagreements--ultimately sidelined multilateral governance at the United Nations in the twenty-first century. The perception of funding rules as marginal to fundamental principles of governance, and the friendly orientation of change-initiators toward the UN, enabled this quiet transformation. Challenging the UN's reputation for rigidity and its status as a bastion of egalitarian multilateralism, Transforming International Institutions demonstrates that the UN system is susceptible to subtle change processes and that its egalitarian multilateralism governs only a fraction of the UN's operational work.

While undercover investigators have been celebrated as critical conduits of political speech, they have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency, Alan Chen and Justin Marceau examine this distinction and provide clarity that has until now been lacking. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explores the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential component of the transparency our democracy needs to thrive.

Offering an innovative and experience-based perspective, Richard G. Liskov's erudite treatise provides a comprehensive overview of the basic principles and procedures for how state insurance regulators in the US supervise a crucial sector of the economy. The book not only explores the theoretical dimensions of insurance regulation, but also presents practical insights and guidance for dealing with the main US insurance regulatory issues. Chapters dexterously navigate key themes, including: the history behind insurance regulation; the respective regulatory roles of the federal government and US states; the organisation of insurance departments and how they operate; and the process of licensing insurance companies and professionals. The book further explores how US state insurance regulators deal with issues of supervision arising from a global marketplace and technological innovation, and how they oversee the financial solvency and market conduct of insurers. This authoritative book will act as a fundamental resource for legal practitioners across multiple jurisdictions and executives working in insurance companies and brokerage firms. Law students who are seeking valuable information on this important aspect of US financial services regulation will similarly find this to be a beneficial read.

In Unraveling the Gray Area Problem, Luke Griffith examines the US role in why the Intermediate-Range Nuclear Forces (INF) Treaty took almost a decade to negotiate and then failed in just thirty years. The INF Treaty enhanced Western security by prohibiting US and Russian ground-based missiles with maximum ranges of 500 to 5,500 kilometers. Significantly, it eliminated hundreds of Soviet SS-20 missiles, which could annihilate targets throughout Eurasia in minutes. Through close scrutiny of US theater nuclear policy from 1977 to 1987, Griffith describes the Carter administration's masterminding of the dual-track decision of December 1979, the North Atlantic Treaty Organization (NATO) initiative that led to the INF Treaty. The Reagan administration, in turn, overcame bureaucratic infighting, Soviet intransigence, and political obstacles at home and abroad to achieve a satisfactory outcome in the INF negotiations. Disagreements between the US and Russia undermined the INF Treaty and led to its dissolution in 2019. Meanwhile, the US is developing a new generation of ground-based, INF-type missiles that will have an operational value on the battlefield. Griffith urges policymakers to consider the utility of INF-type missiles in new arms control negotiations. Understanding the scope and consistency of US arms control policy across the Carter and Reagan administrations offers important lessons for policymakers in the twenty-first century.

Administering Justice examines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders. In contrast to much existing research on chief justices in the states, this study weighs their extrajudicial responsibilities rather than intracourt leadership. By assessing the content of State of the Judiciary remarks delivered over a period of sixty years, Vining and Wilhelm are able to analyze the reform agendas advanced by chief justices and determine what factors influence the likelihood of success. These analyses confirm that chief justices engage with state politics in meaningful ways and that reactions to their proposals are influenced by ideological congruence with other political elites and the scope of their requests. Administering Justice also examines the chief justice position as an institution, provides a collective profile of its occupants, and surveys growing diversity among court leaders.

The past decade has been a time of great upheaval for transatlantic competition policy. This is evident in the United States (at the federal and state levels), the European Union, and the United Kingdom. With the reinvigoration of antitrust policy has come a reinvigoration of antitrust economics, which has been increasingly prominent in the reasoning of regulators and courts. This volume chronicles key flashpoints in this process, from an economics point of view. It provides 18 contributions from leading antitrust economists involved in recent groundbreaking merger, monopolization, and anticompetitive-agreement cases on both sides of the Atlantic. In all instances, the basic economic features of these important cases should be accessible to all readers who have an interest in antitrust.

This book investigates the epistemological and ethical challenges faced by studies exploring the relations between climate change and human migration. At the heart of the contemporary preoccupation with climate change is a concern for its societal impacts. Among these, its presumed effect on human migration is perhaps the most politically resonant, regardless of whether that politics is oriented towards human or national security.There is, however, a problem: research on the causal link between climate change and migration has shown it to be a highly equivocal one. By extension, it remains unclear what - if any - response is required from law and policy.Carefully structured to guide the reader through the issue of 'climate migration' in a logical and rigorous manner, this book is the first to bring together key critiques, caveats, and cautions in order to systematically examine the challenges facing law, policy, and research on the topic. At a time in which both the effects of climate change and the causes of migration are of great public and political interest, and in which these interests are often fraught with sentiment and freighted with politics, the book brings dispassionately critical perspectives to bear on a topic that desperately needs it.

This book investigates the commercialisation of celebrity persona in the UK, New York, and California. Interviews with 68 practitioners across the advertising, merchandising, film, and video game industries provide insight on the differences in approaches across jurisdictions, as well as the similarities caused by non-legal factors. Furthermore, the book addresses the developments in technology, social media, and social norms that have made collaboration attractive to maintain favour with fans. The book considers how the extension of passing off in the UK to include persona rights impacts the dispute resolution and transactional spheres involved in the commercialisation of persona. It compares the industry landscape to that of the US where the right of publicity has been recognised since 1953 and has gone as far as to protect 'identity'. The book argues that nonlegal factors significantly impact the commercialisation of persona across the jurisdictions and interact with the law to encourage permission-based behaviours. However, there remains a divergence in the dispute resolution sphere. Anyone who is interested in the multi-million dollar business of celebrities as assets will benefit from this book.

This incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators in the US, in order to understand why these statutes proved to be ineffective in regulating this new asset class. It further analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation. Providing a sector-by-sector exploration of the financial services industry, the book delves into the Securities and Exchange Commission's (SEC) efforts to regulate cryptocurrencies, highlighting the flaws in its jurisdictional claims, as well as the exclusion of "actual delivery" contracts from Commodity Futures Trading Commission (CFTC) jurisdiction and how this applies to cryptocurrencies. The chapters chart the invention and rise of cryptocurrencies, fluctuations in the cryptocurrency market, and the regulation of cryptocurrencies under banking laws, the Federal Securities Laws, and as 'commodities'. In addition, it reviews the application of banking and money transmitter regulations to cryptocurrency trading platforms and proposes a bespoke regulator structure for cryptocurrencies. Cryptocurrency Regulation: A Primeris an essential resource for students and scholars of economics, finance and banking law, and internet and technology law. It will also be beneficial for financial services professionals, regulators, and members of the financial press.

Global Trade Law Series, Volume 58 Customs valuation is a key element in the corpus of international trade law. Despite the facts that the /WTO Valuation Agreement 1994 remains unchanged in all material respects and that it has been adopted by virtually every trading nation on the planet, there are fissures in the system preventing consensus on many contentious questions. This extremely knowledgeable analysis by a world-renowned specialist lawyer in the field--by concentrating on diverging views on the nature of the central feature of the Agreement, the definition of the price actually paid or payable (PAPP)--provides the most extensive study available of the origins and architecture of the Valuation Agreement and its intersection with transfer pricing norms. Among much else, the author fully explains differing views on such questions as the following: criteria governing royalties and license fees; acceptability of the First Sale for Export doctrine; role of transport charges in valuing dutiable assists; status of interest payments on deferred payments; valuation of carrier media bearing software for data processing equipment; inclusion or exclusion of transport charges in the PAPP; status of the WTO's moratorium on electronic transmissions; status of payments of money for tools and other materials used in producing the imported goods; and status of international instruments of traffic. The author expertly assesses interpretations of the Valuation Agreement as presented in the instruments of the World Customs Organization and in the administrative and judicial fora of the United States, Canada, and the European Union. This matchless book takes a giant step toward "real-world" consensus on the daunting questions of custom valuation. Customs and international tax professionals, as well as academic scholars, will come away from its in-depth coverage with an enhanced ability to discern the logic inherent in the Valuation Agreement, a greater awareness of current trends and their origins in authoritative customs valuation bodies, and improved confidence when approaching customs valuation questions.

Under the widely applied rules of the OECD Transfer Pricing Guidelines, allocation of the returns from the exploitation of intellectual property should be shared among all entities that contribute towards the profit-generating value of an intangible. This important book, in its detailed treatment of compliance with this principle - known as DEMPE (development, enhancement, maintenance, protection and exploitation) - describes exactly how both taxpayers and tax authorities can achieve an accurate assessment of transactions in order to arrive at an appropriate transfer pricing outcome. Analysing the legal, economic, and business management aspects of multinational enterprises activities, the book provides a comprehensive understanding of the DEMPE concept both in theory and in practice. Fully covered are such issues and topics as the following:  role of the DEMPE concept within the framework of international tax law and transfer pricing; interplay of the DEMPE concept with the arm's length principle; full description of each DEMPE function and analysis in the light of possible tax and transfer pricing consequences; modes of application of the DEMPE concept which can be directly implemented in practice; and additional tools (e.g., value chain analysis or RACI matrix) useful in applying the DEMPE concept. The book also provides the first in-depth analysis of the interplay between the DEMPE concept and the licence model in its various structural variations. Taking into account that intangibles amount to 84% of the market value of the S&P 500 companies and that over 80% of global trade transactions can be linked to value chains of multinational enterprises - and recognizing the scarcity of guidance heretofore on the application of the DEMPE concept - tax advisors, corporate counsels, tax authorities, and academics around the world are sure to appreciate and benefit greatly from this matchless and practical book.

This timely book provides a detailed analysis of the regulatory landscape of energy derivatives trading in the EU. Liebrich Hiemstra argues that current supervision of the sector is too opaque and identifies how more effective legal remedies can be created to safeguard important legal values. Analysing the intersection of the energy and financial sectors, this book references key judgments from the EU Court of Justice to examine the interactions between energy derivatives supervisory bodies and market participants active in energy trading. Hiemstra explores the tension between energy derivatives trading as a cross-border activity, and a legislative framework for the sector characterised by national supervision and enforcement. The book outlines how this leads to ineffective supervision, particularly in the area of information sharing, with market participants obliged to disclose business-sensitive information. It gives practical recommendations to advance legislation and regulation in the field and protect the field from increasing energy sector volatility. EU Supervision of Energy Derivative Tradingwill be essential reading for scholars of energy law, financial law, and EU supervision and practitioners in this field. It will also be an invaluable resource for supervisory agencies looking to improve regulatory frameworks.

Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts' misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or "states' rights," provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.

This book looks at regulation, policy and implementation of framework agreements, supplier lists and other similar public procurement tools, with a strategic and pragmatic perspective.Whilst procurements of huge volumes and value are performed worldwide through such tools on a daily basis, and despite their complexity and diversity, this topic has rarely been studied in a systematic way. The book fills this major gap. It examines a series of public procurement systems or legal instruments selected to ensure wide coverage - the UNCITRAL Model Law on Public Procurement, the World Bank, the US federal procurement system, EU law, France, Romania, and the UK pre- and post-Brexit.By deconstructing over 20 'clusters' of tools into their key features along a pattern for analysis, the book reconstructs a conceptual framework for purchasing uncertain or indefinite requirements through a transversal perspective across public procurement systems. In this way, the book provides valuable orientation to law and policy makers for improving or reforming this area, to procurement officers in interpreting existing regulation and identifying innovative practical solutions, and to lawyers and the judiciary for a balanced application of the regulation.The book delivers essential material for procurement of uncertain or indefinite requirements.

Gender-based violence is a convoluted concept with no single explanation or solution. Abiodun Raufu, Omolade Olomola, and Edidiong Mendie bring to light the different dimensions of gender-based violence in Africa, such as the challenges of patriarchy, the limits of the law, and the cultural acceptance of violence against women in the private sphere. In spite of the different forms and causes of violence, it is universally recognized as a destructive force that has extensive consequences for both individuals and society. In order to combat violence, it is important to understand its root causes and foundational issues to facilitate workable solutions through a range of strategies, including education, prevention, and intervention programs. This book will be of interest to students and scholars in criminology, sociology, legal studies, African studies, and more.

This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:- Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life. What is law? And how does it relate to morality? It's common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It's a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts. Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law. Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

F. Scott Fitzgerald once said: »Show me a hero, and I'll write you a tragedy.« In the 1990s, nobody fell deeper than O.J. Simpson. Once considered a national treasure, the athlete was accused of brutally slaying his ex-wife Nicole Brown and her friend Ronald Goldman on June 12, 1994. Within days, the media and public developed an unprecedented obsession with the story, turning a murder investigation and trial into a sensationalized reality show. Tatjana Neubauer examines the mediatization, deliberate manipulation, and the simplification of popular criminal trials for profit on television. She demonstrates that TV conflated legal proceedings into entertainment programming by commodifying events, people, and places.

Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).

This Hornbook, continuing the tradition of the Hemingway Hornbook with distinguished scholars, is the most comprehensive one-volume work on oil and gas law and taxation available today. For over three decades, Professor Richard Hemingway's prior editions of this seminal work provided guidance to courts, lawyers, commentators, and students. As a one-volume treatise, this work covers the substantive law of oil and gas and federal income taxation of oil and gas transactions. The first two chapters examine the mineral interest/estate and related transactions. The third chapter covers trespass and related issues. The fourth chapter covers adverse possession and dormant minerals. Chapters five through eight examine in detail the oil and gas lease. Chapter nine addresses transfers by the lessor and the lessee. Chapters ten through twelve are devoted to oil and gas taxation.

This text provides authoritative coverage of the legal rules that govern the development of privately owned mineral rights in the United States, which often also apply to government-owned resources. It covers topics such as the nature, protection, and conveyance of oil and gas rights, leasing, and taxation. The 8th edition tracks recent developments in the law and continues to expand Appalachian coverage.

The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The original process-based text for teaching students how to write a brief, A Practical Guide to Appellate Advocacy illuminates each step with clear, specific guidance and annotated examples of both good and bad writing that illustrate how it's done.   A Practical Guide to Appellate Advocacyis the original process-based persuasive writing text. With her trademark specificity and clarity, author Mary Beth Beazley explains each step in the process of writing a legal brief, using annotated good and bad examples that illustrate how it's done. Recognizing the needs of neophyte legal writers, the text offers formulas such as CREAC that students can use to write sound arguments, effective case descriptions, and thesis sentences. In addition, Chapter 4, "Facing the Blank Page", offers solutions for addressing procrastination; Chapter 14 provides thorough coverage to prepare students for Moot Court Competitions, with helpful advice for communicating productively with teachers, mentors, and moot court coaches. Now a Connected eBook, A Practical Guide to Appellate Advocacyoffers a host of supportive resources and materials on CasebookConnect, such as sample briefs and motions, guidance on brief writing style and citation, and reference material for court rules and related sources. New to the Sixth Edition: Updated to reflect changes in law school and practice in response to the COVID pandemic, with detailed guidance on how to participate in online oral arguments Streamlined to ensure that the text remains succinct and timely through successive editions Recall and Review self-assessment questions at the end of each chapter Professors and students will benefit from: Annotated examples of both good and bad legal writing End-of-chapter summaries and Recall and Review questions Balanced coverage of legal reasoning, rhetoric, and skills Generous fund of resources on CC, including additional sample documents, exercises, and other pedagogical materials Four-part process for writing a brief: 1) prewriting (research, analysis, outline); 2) writing (first draft); 3) revising (second draft); 4) polishing (final draft) Uses humor and interesting examples to engage and teach, for example... Uses "phrase-that-pays" instead of "key terms" to remind students to focus on the specific language in controversy when they analyze legal rules Uses "Six Degrees of Kevin Bacon" to explain how to make connections between the various points in their arguments.

Preparing for a Federal Jury Trial shares proven trial strategies and techniques that can help you win your next federal jury trial. 

A history of the struggle for debtors' rights from the Civil War to the Great Depression What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors' rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law.   Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the experiences of wage garnishment and property foreclosure. He traces the ways those analogies were used to campaign for bold new protections for debtors, keeping them secure in their labor, property, and personhood. Yet, as Platt demonstrates, those reforms tended to assume as their ideal borrower someone who was white, propertied, and male. In subsequent decades, the emancipatory promise of debtors' rights would be tested as women, wage earners, and African Americans seized on their language to challenge other structural inequalities: the dependency of marriage, the exploitation of industrial capitalism, and the oppression of Jim Crow. By reconstructing these forgotten developments--and recovering the experiences of indebted farmwives, sharecroppers, and wage workers--The Price of Misfortune narrates a new history of inequality, coercion, and law amid the early financialization of American capitalism.  

One of the most controversial subjects in criminal law is whether or not we should continue to use capital punishment as the ultimate punitive sanction. The intended focus of The Problem with Capital Punishment and Why It Should Be Abolished in America is to take a harsh, critical look at theories in support of the use of this form of punishment and expose the truth about capital punishment: it is extremely costly; it is arbitrarily applied; there have been too many innocent persons exonerated from death row; and the only consistency with execution seems to be that of the mentally ill, the poor, and those without adequate legal representation and by using methods that are inhumane and "cruel and unusual". This book shows that our current system of capital punishment is fraught with error, insanely expensive, and administered in such a manner that the possibility of executing a completely innocent person is not only possible but likely if we continue upon our present course. After reading this book, the reader will be left with no reasonable doubt that the time has come to abolish capital punishment in America.

This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict. It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.

Purging the Odious Scourge of Atrocities explains the growth of a small body of human rights law that bans the use of violence against a state's own population when it is deemed a mass atrocity. These laws are binding on all states regardless of whether they have accepted it by signing treaties, or whether it is consistent with widespread state practice. Yet, this challenges the doctrine of consent, which has traditionally been the foundation of international law. Bruce Cronin argues that qualitative changes in the form of global governance are leading to an expansion in the theoretical underpinnings of international law and its role in contemporary world politics. Specifically, in limited and well-defined areas of international law, states have begun to recognize the authority of collective international consensus over individual state consent as the source of some legal rules. Cronin supports this theory by examining the degree to which the international community has, via multilateral conferences among states, developed a consensus around the legal control of "excessive internal state violence"--that is, a level of coercive force that the international community considers to be disproportionate and illegitimate for pursuing state interests within its own borders. These practices, which the Genocide Convention refers to as an "odious scourge", include widespread, systematic attacks on civilian populations; violent persecution of defined groups (including genocide, ethnic cleansing, and apartheid); torture; and the violation of civilian immunity in internal armed conflicts. In these cases, state action is subject to general international law that overrides their consent. By allowing us to rethink the mechanisms that give international law actual force, Purging the Odious Scourge of Atrocities promises to reshape our understanding of why states are required to abide by human rights norms they never consented to by treaty or customary practice.

Regulating Digital Industries is the first book to address the tech backlash within a coherent policy framework. It treats competition, privacy and free speech as objectives that must be pursued in a coordinated fashion by a dedicated industry regulator. It contains detailed discussions of current policy controversies involving social media companies, search engines, electronic commerce platforms and mobile apps. It argues for new laws and regulations to promote competition, privacy and free speech in tech and outlines the structure and powers of a regulatory agency able to develop, implement and enforce digital rules for the twenty-first century. Deeply informed by the history of regulation and antitrust in the United States, it brings to bear insights from the breakup of AT&T and the Microsoft case and from broadcasting and financial services regulation to enrich the discussion of remedies to the failure of tech competition, the massive invasion of privacy by digital firms and the information disorder perpetuated by social media platforms. It offers a comprehensive summary of regulatory reform efforts in the United States and abroad and shows how accomplishing the goals of these reform efforts requires the establishment of a single digital agency with jurisdiction to reconcile and balance the complementary and conflicting goals of promoting competition, protecting privacy, and preserving free speech in digital industries. It discusses in detail how a digital regulatory agency would be structured and the powers it would need to have. It confronts head on some of the challenges in establishing a strong digital regulator including the First Amendment roadblock that limits government authority over digital speech and the judicial opposition to the expansion of the administrative state. It is essential reading for policymakers, public interest advocates, industry representatives, academic researchers and the general public interested in a coherent policy approach to today's tech industry discontents.

This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good.  Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law's interventions. The book also engages with concerns about the 'surveillance society', for example regarding contact tracing technology used during the Covid-19 pandemic.  The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law's relevance in giving institutional enforceability to ethics and principled design.

Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but - as Ian Ayres and Quinn Curtis argue in this work - we've only scratched the surface of retirement plan design. Using participant-level plan data and straightforward tests, Ayres and Curtis show how plan sponsors can monitor plans for likely allocation mistakes and adapt menus to encourage success. Beginning with an overview of the problem of high costs and the first empirical evidence on retirement plan fee lawsuits, they offer an overview of the current plan landscape. They then show, based on reforms to a real plan, how streamlining menus, eliminating pitfalls, and adopting static and dynamic limits on participant allocations to certain risky assets or 'guardrails' can reduce mistakes and lead to better retirement outcomes. Focusing on plausible, easy-to-implement interventions, Retirement Guardrails shows that fiduciaries need not be limited to screening out funds but can design menus to actively promote good choices.d choices.d choices.d choices.

Any and all songs are capable of being remixed. But not all remixes are treated equally. Rock This Way examines transformative musical works--cover songs, remixes, mash-ups, parodies, and soundalike songs--to discover what contemporary American culture sees as legitimate when it comes to making music that builds upon other songs. Through examples of how popular discussion talked about such songs between 2009 and 2018, Mel Stanfill uses a combination of discourse analysis and digital humanities methods to interrogate our broader understanding of transformative works and where they converge at the legal, economic, and cultural ownership levels.  Rock This Way provides a new way of thinking about what it means to re-create and borrow music, how the racial identity of both the reusing artist and the reused artist matters, and the ways in which the law polices artists and their works. Ultimately, Stanfill demonstrates that the extent to which a work is seen as having new expression or meaning is contingent upon notions of creativity, legitimacy, and law, all of which are shaped by white supremacy.

A landmark sociological examination of terrorism prosecution in United States courts   Rather than functioning as a final arbiter of justice, U.S. domestic courts are increasingly seen as counterterrorism tools that can incapacitate terrorists, maintain national security operations domestically, and produce certain narratives of conflict. Terrorism on Trial examines the contemporary role that these courts play in the global war on terror and their use as a weapon of war: hunting, criminalizing, and punishing entire communities in the name of national security.    Nicole Nguyen advocates for a rethinking of popular understandings of political violence and its root causes, encouraging readers to consider anti-imperial abolitionist alternatives to the criminalization, prosecution, and incarceration of individuals marked as real or perceived terrorists. She exposes how dominant academic discourses, geographical imaginations, and social processes have shaped terrorism prosecutions, as well as how our fundamental misunderstanding of terrorism has led to punitive responses that do little to address the true sources of violence, such as military interventions, colonial occupations, and tyrannical regimes. Nguyen also explores how these criminal proceedings bear on the lives of defendants and families, seeking to understand how legal processes unevenly criminalize and disempower communities of color.   A retheorization of terrorism as political violence, Terrorism on Trial invites readers to carefully consider the role of power and politics in the making of armed resistance, addressing the root causes of political violence, with a goal of building toward a less violent and more liberatory world.

In 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago, and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen--a decision whose far-reaching implications are still being unraveled. To Trust the People with Arms explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the nation's founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century. Robert J. Cottrol and Brannon P. Denning link the right to bear arms with other major themes in American history. Prompted by the eighteenth-century belief that arms played a vital role in preserving the liberties of the citizen, the Second Amendment met many challenges in the nation's history. Among the most acute of these were racism, racial violence, and the extension of the right to bear arms to African Americans and other marginalized groups. The development of modern firearms and twentieth-century urbanization also challenged traditional notions concerning the value of an armed population. Cottrol and Denning make a particularly important contribution linking the nation's participation in the wars of the twentieth century and the strengthening of the American gun culture. Most of all, they give us a nuanced and sophisticated legal history, one that engages legal realism, different varieties of originalism, and the role of chance and accident in history. To Trust the People with Arms integrates history, politics, and law in an interdisciplinary way to illustrate the roles that guns and the right to keep and bear arms have played in American history, culture, and law.

Although numbering fewer than 60,000 in a city of more than 12 million people, Mumbai's Parsi community is one of the largest private landowners in the city due to its network of public charitable trusts. In Trust Matters Leilah Vevaina explores the dynamics and consequences of this conjunction of religion and capital as well as the activities of giving, disputing, living, and dying it enables. As she shows, communal trusts are the legal infrastructure behind formal religious giving and ritual in urban India that influence communal life. Vevaina proposes the trusts as a horoscope of the city--a constellation of housing, temples, and other spaces providing possible futures. She explores the charitable trust as a technology of time, originating in the nineteenth century, one that structures intergenerational obligations for Mumbai's Parsis, connecting past and present, the worldly and the sacred. By approaching Mumbai through the legal mechanism of the trust and the people who live within its bounds as well as those who challenge or support it, Vevaina offers a new pathway into exploring property, religion, and kinship in the urban global South.