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This pioneering volume defines the contours of the emerging engagements of Muslim women scholars from around the world with the authoritative interpretive traditions of Islam, classical and contemporary. Muslima theology, encompassing a range of perspectives and arising from multiple social locations, now claims a place alongside womanist and mujerista readings that interrogate scripture and other forms of religious discourse to empower women of faith to speak for themselves in the interests of gender justice.
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This volume provides new insights in the concept of shari’a in the West, and sets out a framework of how shari’a in the West can be studied. The premise of this volume is that one needs to focus on the question ‘What do Muslims do in terms of shari’a?’ rather than ‘What is shari’a?’. This perspective shows that the practice of Sharia is restricted to a limited set of rules that mainly relate to religious rituals, family law and social interaction. The framework of this volume then continues to explore two more interactions: the Western responses to these practices of shari’a and, in turn, the Muslim legal reaction to these responses.
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Important policy problems rarely fit neatly within existing territorial boundaries. More difficult still, individual governments or government departments rarely enjoy the power, resources and governance structures required to respond effectively to policy challenges under their responsibility. These dilemmas impose the requirement to work with others from the public, private, non-governmental organisation (NGO) or community spheres, and across a range of administrative levels and sectors. But how? This book investigates the challenges—both conceptual and practical—of multi-level governance processes. It draws on a range of cases from Australian public policy, with comparisons to multi-level governance systems abroad, to understand factors behind the effective coordination and management of multi-level governance processes in different policy areas over the short and longer term. Issues such as accountability, politics and cultures of governance are investigated through policy areas including social, environmental and spatial planning policy.
The authors of the volume are a range of academics and past public servants from different jurisdictions, which allows previously hidden stories and processes of multi-level governance in Australia across different periods of government to be revealed and analysed for the first time.
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This book is open access under a CC BY-NC 4.0 license.
It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.
The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
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This book is open access under a CC BY 4.0 license and reports on research carried out as part of the European Union co-funded C.O.N.T.A.C.T. project which targeted hate speech and hate crime across a number of EU member states. It showcases the bearing that discourse analytic research can have on our understanding of this phenomenon that is a growing global cause for concern.
Although ‘hate speech’ is often incorporated in legal and policy documents, there is no universally accepted definition, which in itself warrants research into how hatred is both expressed and perceived. The research project synthesises discourse analytic and corpus linguistics techniques, and presents its key findings here. The focus is especially on online comments posted in reaction to news items that could trigger discrimination, as well as on the folk perception of online hate speech as revealed through semi-structured interviews with young individuals across the various partner countries.
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This open access wide-ranging collation of papers examines a host of issues in studying second-generation immigrants, their life courses, and their relations with older generations. Tightly focused on methodological aspects, both quantitative and qualitative, the volume features the work of authors from numerous countries, from differing disciplines, and approaches. A key addition in a corpus of literature which has until now been restricted to studying the childhood, adolescence and youth of the children of immigrants, the material includes analysis of longitudinal and transnational efforts to address challenges such as defining the population to be studied, and the difficulties of follow-up research that spans both time and geographic space. In addition to perceptive reviews of extant literature, chapters also detail work in surveying the children of immigrants in Europe, the USA, and elsewhere. Authors address key questions such as the complexities of surveying each generation in families where parents have migrated and left children in their country of origin, and the epistemological advances in methodology which now challenge assumptions based on the Westphalian nation-state paradigm. The book is in part an outgrowth of temporal factors (immigrants’ children are now reaching adulthood in more significant numbers), but also reflects the added sophistication and sensitivity of social science surveys. In linking theoretical and methodological factors, it shows just how much the study of these second generations, and their families, can be enriched by evolving methodologies.
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This book investigates European citizenship after Brexit, in light of the functionalist theory of citizenship. No matter its shape, Brexit will impact significantly on what has been labelled as one of the major achievements of EU integration: Citizenship of the Union. For the first time an automatic and collective lapse of status is observed. It is a form of involuntary loss of citizenship en masse, imposed by the automatic workings of the law on EU citizens of exclusively British nationality. It does not however create statelessness and it is likely to be tolerated under international law. This loss of citizenship is connected to a reduction of rights, affecting not solely the former Union citizens but also second country nationals in the United Kingdom and their family members.
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This Brief presents new approaches and innovative challenges to address bringing technology into community-oriented policing efforts. “Community-oriented policing” is an approach that encourages police to develop and maintain personal relationships with citizens and community organizations. By developing these partnerships, the goal is to enhance trust and legitimacy of police by the community (and vice versa), and focus on engaging the community crime prevention and detection efforts for sustainable, long-term crime reduction.
The contributions to this volume emphasize the societal implications of new technologies for community-oriented policing goals, such as:
-Strengthening community policing principles through strengthed community feeling and lower feeling of insecurity
- Reducing the fear of crime and enhancing the perception of security in large, urban environments
-Enhancing citizens feelings' of empowerment, belonging, and collective efficacy
Contributions to this volume were developed out of the Next Generation Community Policing (NGCP) International Conference was co-organized by nine contributing research and development projects, funded by the Horizon 2020 SECURITY Program of the European Commission. It will be of interest to researchers in criminology and criminal justice, as well as related fields such as sociology, public health, security, IT and public policy.
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This open access book deals with contestations “from below” of legal policies and implementation practices in asylum and deportation. Consequently, it covers three types of mobilization: solidarity protests against the deportation of refused asylum seekers, refugee activism campaigning for residence rights and inclusion, and restrictive protests against the reception of asylum seekers. By applying both a longitudinal analysis of protest events and a series of in-depth case studies in three immigration countries, this edited volume provides comparative insights into these three types of movement in Austria, Germany, and Switzerland over a time span of twenty-five years. Embedded in concepts of political change, limited state sovereignty, and migration control, the findings shed light on actors, repertoires, and the effects of protest activities. The contributions illustrate how local contexts, national political settings, issue specifics, and social ties lead to distinctly different forms of protest emergence, dynamics, and strategies. Additionally, they give a profound understanding of the mechanisms and constellations that contribute to protest success, both in terms of preventing deportations of individuals as well as changing policies. In sum, this book constitutes a major contribution to empirically informed theoretical reflections on collective contestation in the fields of refugee studies and social protest movements.
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This Brief presents new approaches and innovative challenges to address bringing technology into community-oriented policing efforts. “Community-oriented policing” is an approach that encourages police to develop and maintain personal relationships with citizens and community organizations. By developing these partnerships, the goal is to enhance trust and legitimacy of police by the community (and vice versa), and focus on engaging the community crime prevention and detection efforts for sustainable, long-term crime reduction.
The contributions to this volume emphasize how technological innovations can advance community-oriented policing goals, such as:
-Strengthening community policing principles through effective and efficient tools, procedures and approaches
- Accelerating communication between citizens and police forces
- Early identification, timely intervention, as well as better crime reporting, identification of risks, unreported and undiscovered crime through the community
Contributions to this volume were developed out of the Next Generation Community Policing (NGCP) International Conference was co-organized by nine contributing research and development projects, funded by the Horizon 2020 SECURITY Program of the European Commission. It will be of interest to researchers in criminology and criminal justice, as well as related fields such as sociology, public health, security, IT and public policy. This book is open access under a CC BY license.
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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems.
Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
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Governments have known since the 1960s that smoking results in irreversible health damage. This open access book examines why governments have done so little to combat this when they have been aware of the problem and its solutions for decades. What are the strategies and decisions that make a difference, given that policy environments are often not conducive to change? Taking the Netherlands as an example, this book helps to understand the complex policy process at the national level and why it so often appears irrational to us. It is the most sophisticated analysis of tobacco control policy to date, applying insights from political sciences to the field of tobacco control.
Marc C. Willemsen is Professor of Tobacco Control Research at the Department of Health Promotion, University of Maastricht, the Netherlands. He started tobacco research in 1989 and has since become a recognised expert in the field of tobacco control. He wrote and contributed to numerous research studies and scientific papers. In addition to his academic work, he gained first hand insights into the policy making process while working for various national tobacco control organisations.
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This open access book discusses how national citizenship is being transformed by economic, social and political change. It focuses on the emergence of global markets where citizenship is for sale and on how new reproduction technologies impact citizenship by descent. It also discusses the return of banishment through denationalisation of terrorist suspects, and the impact of digital technologies, such as blockchain, on the future of democratic citizenship. The book provides a wide range of views on these issues from legal scholars, political scientists, and political practitioners. It is structured as a series of four conversations in which authors respond to each other. This exchange of arguments provides unique depth to current debates about the future of citizenship.
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This open access edited collection examines representations of human trafficking in media ranging from British and Serbian newspapers, British and Scandinavian crime novels, and a documentary series, and questions the extent to which these portrayals reflect the realities of trafficking. It tackles the problematic tendency to under-report particular types of victim and forms of trafficking, and seeks to explore both dominant and marginalised points of view. The authors take a cross-disciplinary approach, utilising analytical tools from across the humanities and social sciences, including linguistics, literary and media studies, and cultural criminology. It will appeal to students, academics and policy-makers with an interest in human trafficking and its depiction in the modern day.
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This open access book explores how children, parents, and survivors reshaped the politics of child protection in late twentieth-century England. Activism by these groups, often manifested in small voluntary organisations, drew upon and constructed an expertise grounded in experience and emotion that supported, challenged, and subverted medical, social work, legal, and political authority. New forms of experiential and emotional expertise were manifested in politics – through consultation, voting, and lobbying – but also in the reshaping of everyday life, and in new partnerships formed between voluntary spokespeople and media. While becoming subjects of, and agents in, child protection politics over the late twentieth century, children, parents, and survivors also faced barriers to enacting change, and the book traces how long-standing structural hierarchies, particularly around gender and age, mediated and inhibited the realisation of experiential and emotional expertise.
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The book examines the methodological challenges in analyzing the effectiveness of development policies. It presents a selection of tools and methodologies that can help tackle the complexities of which policies work best and why, and how they can be implemented effectively given the political and economic framework conditions of a country. The contributions in this book offer a continuation of the ongoing evidence-based debate on the role of agriculture and participatory policy processes in reducing poverty. They develop and apply quantitative political economy approaches by integrating quantitative models of political decision-making into existing economic modeling tools, allowing a more comprehensive growth-poverty analysis. The book addresses not only scholars who use quantitative policy modeling and evaluation techniques in their empirical or theoretical research, but also technical experts, including policy makers
and analysts from stakeholder organizations, involved in formulating and implementing policies to reduce poverty and to increase economic and social well-being in African countries.
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).
In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.
Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
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This book provides the most in-depth study of capital punishment in Scotland between the mid-eighteenth and early nineteenth century to date. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to several of the malefactors who faced the hangman’s noose and explores the traditional hallmarks of the spectacle of the scaffold. It demonstrates that the period between 1740 and 1834 was one of discussion, debate and fundamental change in the use of the death sentence and how it was staged in practice. In addition, the study provides an innovative investigation of the post-mortem punishment of the criminal corpse. It offers the reader an insight into the scene at the foot of the gibbets from which criminal bodies were displayed, and around the dissection tables of Scotland’s main universities where criminal bodies were used as cadavers for anatomical demonstration. In doing so it reveals an intermediate stage in the long-term disappearance of public bodily punishment.
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This book provides a critical account of the third sector and its future in Europe. It offers an original conceptualization of the third sector in its European manifestations alongside an overview of its major contours, including its structure, sources of support, and recent trends. It also assesses the impact of this sector in Europe which considers its contributions to European economic development, citizen well-being and human development.
The Third Sector As A Renewable Resource for Europe presents the findings of the Third Sector Impact (TSI) project funded by the European Union’s Seventh Framework Program (FP7). It recognises that in a time of social and economic distress, as well as enormous pressures on governmental budgets, the third sector and volunteering represent a unique ‘renewable resource’ for social and economic problem-solving and civic engagement in Europe.
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This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens.
Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compas
sionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
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This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies.
Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).
In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.
Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
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This book takes a taxpayer's perspective to the relations taxation creates between people and their state. Larsen proposes that in order to understand tax compliance and cheating, we have to look beyond law, psychological experiments and surveys to include tax collectors and taxpayers' practices. The text explores the view of taxes seen as citizen’s explicit economic relation to the state and implicit economic relation to all other compatriots. Larsen suggests how to build and increase tax compliance if we take the idea of taxation creating reciprocal relations seriously.
The empirical cases are based on ethnography from two opposing tax practices in Sweden. Firstly, from a study of analysts, auditors, legal experts and managers at the Swedish Tax Agency and how they, quite successfully, strive for legitimacy in their tax collecting activities in society. Secondly, from fieldwork among a group of middle-aged Swedes and how they justify their tax-cheating when purchasing work off the books. Sweden is a modern society seen as particularly rational and the least prone to worry about survival issues; they trust their government and fellow citizens. Sweden is therefore an important country to look at as an example of tax compliance and whether other countries showing a continuous inclination towards these values will follow their lead.
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This open access book provides a comprehensive examination of the European Landing Obligation policy from many relevant perspectives. It includes evaluations of its impacts at economical, socio-cultural, ecological and institutional levels. It also discusses the feasibility and benefits of several potential mitigation strategies. The book was timely published, exactly at the time where the Landing Obligation was planned to be fully implemented. This book is of significant interest to all stakeholders involved, but also to the general public of Europe and to other jurisdictions throughout the world that are also searching for ways to deal with by-catch and discard issues.
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It has been over twenty years since the people of Scotland, Wales and Northern Ireland voted for devolution. Over that time, the devolved legislatures have established themselves and matured their approach to governance. At different times and for different reasons, each has put wellbeing at the heart of their approach – codifying their values and goals within wellbeing frameworks. This open access book explores, for the first time, why each set their goal as improving wellbeing and how they balance the core elements of societal wellbeing (economic, social and environmental outcomes). Do the frameworks represent a genuine attempt to think differently about how devolved government can plan and organise public services? And if so, what early indications are there of the impact is this having on people’s lives?
Jennifer Wallace is Head of Policy at Carnegie UK Trust where she leads the Trusts work on understanding wellbeing. She has worked in the public and voluntary sector for almost twenty years and is the author of a large number of research-based public policy reports, many of which relate to public sector reform.
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This open access book examines the magnitude, causes of, and reactions to white-collar crime, based on the theories and research of those who have uncovered various forms of white-collar crime. It argues that the offenders who are convicted represent only ‘the tip of the iceberg’ of a much greater problem: because white-collar crime is forced to compete with other kinds of financial crime like social security fraud for police resources and so receives less attention and fewer investigations. Gottschalk and Gunnesdal also offer insights into estimation techniques for the shadow economy, in an attempt to comprehend the size of the problem. Holding broad appeal for academics, practitioners in public administration, and government agencies, this innovative study serves as a timely starting point for examining the lack of investigation, detection, and conviction of powerful white-collar criminals.
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This open access book disseminates some of the results of the European H2020 AiRT Project (Technology transfer of RPAs for the creative industry). In particular, it presents findings related to mitigating safety and security concerns when civil drones are piloted by the service sector (mainly, the creative industry). European policies regarding drones generally focus on outdoor drones, but they are also used indoors. Moreover, a number of European countries have fragmented regulations on drone use, and as a result, European institutions are attempting address these issues. This work is based on a detailed study of the European policies, a comparative analysis of the regulation in various European countries, an analysis of the drone sector in Europe, and primary data from members of the creative industry. The authors created focus groups in Spain, the UK and Belgium in order to discuss with the creative industry the concerns on safety and security when using civil drones for their work. Based on these results, the book offers advice to the European industry, as well as new insights for academics and policymakers.
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It is commonly believed that a state facing a terrorist threat responds with severe legislation that compromises civil liberties in favour of national security. Roger Douglas compares responses to terrorism by five liberal democracies— the United States, the United Kingdom, Canada, Australia, and New Zealand— over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning. Douglas finds that terrorist attacks elicit pressures for quick responses, which often allow national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by institutional interests and prior beliefs and are complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst anti-terror excesses have taken place outside of, rather than within, the law and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers. This title was made Open Access by libraries from around the world through Knowledge Unlatched.
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This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices.
The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.
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This open access book raises crucial questions about the citizenship of the European Union. Is it a new citizenship beyond the nation-state although it is derived from Member State nationality? Who should get it? What rights and duties does it entail? Should EU citizens living in other Member States be able to vote there in national elections? If there are tensions between free movement and social rights, which should take priority? And should the European Court of Justice determine what European citizenship is about or the legislative institutions of the EU or national parliaments? This book collects a wide range of answers to these questions from legal scholars, political scientists, and political practitioners. It is structured as a series of three conversations in which authors respond to each other. This exchange of arguments provides unique depth to the debate.
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Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced.
The contributors employ a variety of disciplinary perspectives – sociological, anthropological, geographical and linguistic – but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.
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The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice.
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And — perhaps most important of all — how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
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Angesichts der gegenwärtigen Flüchtlingskrise und vermehrter Terroranschläge, welche mitunter mit Asylsuchenden und Flüchtlingen in Zusammenhang gebracht werden, stellen sich auch im europäischen Asylrecht wichtige Fragen der nationalen Sicherheit. Das vorliegende Werk analysiert umfassend diejenigen Bestimmungen der EU-Qualifikationsrichtlinie, welche Mechanismen zum Schutz der öffentlichen Sicherheit und Ordnung der Aufnahmestaaten enthalten. Sie erörtert deren Inhalt und Tragweite, diskutiert die Rechte von Flüchtlingen und Schutzberechtigten und legt dar, wie die EU-Mitgliedsstaaten ihre öffentliche Sicherheit und Ordnung auf völkerrechtskonforme Art und Weise schützen können.
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The present analysis focuses on the interpretation of art. 305bis of the Swiss Criminal Code. The author, Gabriel Bourquin, treats the problem of tax crimes as predicate offenses to money laundering. Where necessary, in particular in relation to the punishment of money laundering by omission, the analysis will deal with the special duties of due diligence (art. 6) and the duty to report (art. 9) of the Anti-Money Laundering Act.
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Kann Eigentum an Kultur sinnvoll sein? Das Interesse, Cultural Property dem Markt zuzuführen oder dies zu verhindern und hierdurch kollektiven oder individuellen, ideologischen oder ökonomischen Gewinn zu schaffen, gestaltet sich unter den stark divergierenden Bedingungen, die Akteure in einer postkolonialen, spätmodernen Welt vorfinden. Die interdisziplinäre DFG-Forschergruppe zur Konstituierung von Cultural Property beleuchtet diese seit einigen Jahren in der Öffentlichkeit mit wachsender Brisanz verhandelte Frage. Die Forschergruppe fragt nach der Konstituierung von Cultural Property im Spannungsfeld von kulturellen, wirtschaftlichen, juristischen und hiermit auch gesellschaftspolitischen Diskursen. Dies bedingt auch die in dieser fokussierten Form neue Zusammenarbeit von Fachwissenschaftler/innen aus Kultur- und Sozialwissenschaften sowie Rechts-und Wirtschaftswissenschaften. Die Unterschiedlichkeit des disziplinären Zugriffs auf einen Forschungsbereich zeigt sich in den in diesem Band vermittelten ersten Ergebnissen aus der laufenden Forschung genauso deutlich wie die Notwendigkeit, disziplinäre Standpunkte in gemeinsamer Arbeit zusammenzuführen, um den Konstituierungsprozess von Cultural Property zu verstehen.
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The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world.
The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law.
The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person's ability to control the disposition of his or her property after death. This serves as the students' first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on the will. Two chapters in this part highlight the ways that the testator's ability to execute a valid will may questioned.
The final chapters in this unit show the issues that can be raised to dispute the validity of the will. They also explain the different types of wills that are available. The final part of the book deals with non-probate transfers. These chapters are included to show students the other devises that people can use to distribute their property. That knowledge is important because the majority of people use these procedures to transfer their property. At the end of the semester, my students have to draft a will based upon a fact pattern that I give them. I intentionally include non-probate property in order to see if they will attempt to distribute that using the will.
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Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.
By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.
Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.
Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.
The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.
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Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.
By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.
Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.
Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.
The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay
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By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
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This chapter covers the Civil Procedure topic of Pleading: The Plaintiff‘s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure.
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The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject.
In order to maximize accessibility, flexibility, and compatibility of the book, the authors have chosen CALI's eLangdell Press to publish and distribute the sixth edition (as chapters) and this revised seventh (as a complete book) electronically with a Creative Commons license. Publishing a law textbook electronically with far fewer restrictions than most commercial books and using a somewhat new, boutique outfit such as eLangdell Press is an unconventional choice, to say the least. But the authors share the eLangdell vision of more flexible teaching materials for professors and more cost-effective books for students. Professors may now edit and remix this work to match their teaching without worry of copyright infringement. Students may now adopt this book, read it using any number of software or devices, and even print it - all for free. The book's authors, like its publishers, believe that this new book model represents an important and long overdue step forward in the way law school books are published.
All the exercises have been substantially revised for this edition. The individual exercises also are reorganized and expanded so that they follow a more standardized pattern: expository text on the topic area, work-book questions, and introduction to the related online CALI lessons.
This book, and the accompanying interactive exercises known as CALI Lessons available online through the Center for Computer-Assisted Legal Instruction (CALI) at www.cali.org, are intended to provide a challenging educational experience. For each exercise, students should read the text in this book and answer the questions before accessing the rest of the exercise online.
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Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.
By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.
Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.
Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.
The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.
Please note that the publisher requires you to login to access and download the textbooks.
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Plain-spoken and convivial, this casebook makes a deliberate effort to explain the law, rather than to provide a mere compilation of readings and questions. Simple concepts are presented simply. Complex concepts are broken down and accompanied by examples and problems.
By being clear and straightforward, the casebook aims to quickly get students to the point where they can navigate regions of gray and build nuanced arguments. The book is written from the conviction that when students stop to puzzle over something, it should be because the law itself puzzles, not because the book obfuscates.
Students describe the book as easy to read. A key aim is context, with explanations of how pieces of doctrine fit into the bigger picture. There is also a continual effort to plug doctrine into the real world of practice, getting students to think about litigation strategy and tactics.
Another key feature is a high-degree of organization. Doctrine is explained upfront, independent of and before the cases. After the cases, there is no notes-and-questions mishmash. Historical notes, check-your-understanding questions, questions to ponder, and problems are all separately labeled as such.
The readings are rich with variety. The classic cases are here, of course. But there are also atypical readings that allow students to see tort law from different perspectives, including an opening statement, a closing argument, administrative-enforcement letters, an excerpt from a novel, and an opinion on tribal law from a Navajo court. Many selections are also startlingly modern, with facts involving texting-and-driving, alcoholic energy drinks, Facebook libel, suddenly accelerating Toyotas, and the misery of a six-hour tarmac delay.
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In this book, you will examine the moral and ethical issues that exist within law enforcement. This book will also familiarize you with the basic history, principles, and theories of ethics. These concepts will then be applied to the major components of the criminal justice system: policing, the courts, and corrections. Discussion will focus on personal values, individual responsibility, decision making, discretion, and the structure of accountability. Specific topics covered will include core values, codes of conduct, ethical dilemmas, organizational consequences, liability, and the importance of critical thinking. By the end of this book, you will be able to distinguish and critically debate contemporary ethical issues in law enforcement.
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Our goal is to provide students with a textbook that is up to date and comprehensive in its coverage of legal and regulatory issues—and organized to permit instructors to tailor the materials to their particular approach. This book engages students by relating law to everyday events with which they are already familiar (or with which they are familiarizing themselves in other business courses) and by its clear, concise, and readable style. (An earlier business law text by authors Lieberman and Siedel was hailed “the best written text in a very crowded field.”)
This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers.
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The Federal Rules of Bankruptcy Procedure appear in the Appendix to Title 11 of the United State Code. This publication was made with data provided by the United States government on the Office of Law Revision Counsel Bulk US Code. This title is current through July 31, 2014.
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This is the first in a series of Contracts casebooks. It was originally titled "Collaborative Teaching Materials for Contracts."
The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
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This is Volume 2 in a three volume series written for Contracts Law. Its orginal title was "Collaborative Teaching Materials for Contracts."
The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
