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Private Property, Community Development, and Eminent Domain (Law, Property and Society)
Par Robin Paul Malloy. 2008
The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves.…
Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.Patenting Lives: Life Patents, Culture and Development (Intellectual Property, Theory, Culture)
Par Johanna Gibson. 2008
Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents…
and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.Obscurity and Clarity in the Law: Prospects and Challenges
Par Sophie Cacciaguidi-Fahy. 2008
This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the…
most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.The Multi-Cultural Family (The Family, Law and Society)
Par Ann Laquer Estin. 2008
With the accelerating movement of individuals and families across national borders, the intersections of cultural and legal frameworks have become…
increasingly complex. The Multi-Cultural Family collects essays from around the world on the challenges of legal pluralism, minority religious communities and customary or indigenous law, with attention paid to marriage and divorce, as well as child custody and adoption, family violence and dispute resolution.Gerontological Supervision: A Social Work Perspective in Case Management and Direct Care
Par Ann Burack Weiss, Frances C. Brennan. 2008
The growing population of aging Americans is bringing with it thousands of new workers into agencies serving the elderly each…
year. Now, the need for supervisors to administer and train staff in programs for older persons is increasing as well. This is a practical, "how-to" guide for the supervision of case managers, personal care providers, and interns working in community services and long-term care of ill or disabled older persons. This updated edition expands its focus by offering the latest, up-to-date ideas and proven "practice wisdom" for handling many of the field’s most common problems. Filled with direct and composite case examples, this useful guide looks at concerns central to the changing field of practice. Part one gives an overview of the social work perspective. Parts two and three consider practice and administrative issues. Supervision of interns is covered in part four, and part five expands the scope of original edition by discussing the similarities and differences between home care and long-term care settings. Chapters include coverage of: dual emphasis on person and environment treatment with dignity and respect stages of helping, learning, and teaching negotiating the balance between dependence and independence styles of learning and teaching tuning in and anticipatory empathy assessment, case planning, on-going work, and termination empowerment, mediation, and advocacy the supervisor as "middle management" staff development the supervisory conference and recording requirements evaluation in group supervision home care residential care Gerontological Supervision is an invaluable resource for supervisors with or without MSWs and RNs, as well as case managers, personal care providers, interns, and educators and students in social work.Freedom of Expression: A critical and comparative analysis (UT Austin Studies in Foreign and Transnational Law)
Par Vincenzo Zeno-Zencovich. 2008
This book takes a multidisciplinary approach to the issues surrounding freedom of expression, looking at the current legal position in…
a number of European countries as well as engaging with the wider debates on the topic amongst sociologists, political scientists and economists. In the book Vincenzo Zeno-Zencovich addresses recent developments which have had a bearing on the debate including the changes in communication brought about by the internet, and the growing role of the European Union and the Council of Europe.The Making of a European Constitution: Judges and Law Beyond Constitutive Power
Par Michelle Everson, Julia Eisner. 2008
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed…
volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.International Drug Control into the 21st Century
Par Hamid Ghodse. 2008
Providing a comprehensive analysis of drug misuse, dependence and the ways in which different parts of the world have responded…
to these problems, this volume examines aspects of the contemporary drug problem, the related debate and the way in which society is responding to it. Various controversial issues are covered, taking into account the way in which pressure groups would like to see changes in national and/or international drug control regimes. The book is drawn from extensive studies carried out by the UN over the last 15 years; each of the themes has been examined by a group of experts and lends itself to debate. Among the many topics discussed are: the legalization of drugs, prevention, treatment, rehabilitation, the macro and micro economy, supply and demand reduction and money laundering. The book will be a valuable resource for professionals and academics in law enforcement, health, social services, behavioural sciences, pharmacy and drug regulatory agencies.Driving Offences: Law, Policy and Practice
Par Sally Cunningham. 2008
This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing…
road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.Parents and Children (The Family, Law and Society)
Par Andrew Bainham. 2008
This volume brings together some of the best journal articles of the last twenty years which deal with various aspects…
of the relationship between parents and children. Adopting an inter-disciplinary and comparative approach, the book reproduces articles from a variety of journals in law and the social sciences. The book is divided into eight parts dealing, respectively, with becoming a parent; the status and obligations of parenthood; issues of upbringing; adolescence; child support; parental separation, divorce and children; child abuse and state intervention; social parenthood and adoption. The volume includes a substantial introduction by the editor.Resolving Family Conflicts (The Family, Law and Society)
Par Jane Murphy. 2008
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from…
the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.Umweltstrafrecht (Springer-Lehrbuch)
Par René Börner. 2020
Das vorliegende Lehrbuch vermittelt Studierenden und Rechtspraktikern eine schnelle Orientierung und sichere Wege zur Lösung praxisnaher Fälle im Umweltstrafrecht, dessen…
Bedeutung im Studium und in der Rechtspraxis rasant zunimmt. Die tiefgründig behandelte Rechtsdogmatik wird anhand klarer Strukturen und zahlreicher Beispiele didaktisch aufbereitet.The Political Dimension of Constitutional Law
Par Luís Pereira Coutinho, Miguel Nogueira de Brito. 2020
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally…
political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.The Best Interests of the Child in Healthcare (Biomedical Law and Ethics Library)
Par Sarah Elliston. 2008
Topical and compelling, this volume provides an excellent re-evaluation of the ‘best interests’ test in the healthcare arena; the ways…
in which it has developed, the inherent difficulties in its use and its interpretation in legal cases concerning the medical care of children. Comprehensively covering both the English and Scottish position within the context of the European Convention of human Rights and the UN Convention on the Rights of the Child, the author examines a wide range of healthcare situations, from the commonly occurring to the unusual, offering a detailed analysis of legislation, case law, cases and their implications. It includes discussions on: the extent to which a child’s body can be examined, operated on and affected by medicines, devices or procedures intended to bring about medical change the appropriate scope of parental choice and authority and at what stage of their development children should be allowed to make their own decisions the response to situations where the interests of children may be in conflict – the cases of conjoined twins or the donation of organs to siblings. This work is a key resource for postgraduates and researchers working and studying in the fields of law, healthcare and medicine.More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on…
their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law. In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.Being Against the World: Rebellion and Constitution (Birkbeck Law Press)
Par Oscar Guardiola-Rivera. 2008
How can we save politics from the politician? How can we save ourselves? This book looks at the example of…
those who leave the city and break the social contract, rebellious exiles and freedom fighters escaping the wheel of necessity, and learns from them.Endowed: Regulating the Male Sexed Body
Par Michael Thomson. 2008
Feminist legal scholars and health care lawyers have long engaged with law’s responses to the female reproductive body, especially on…
what the legal regulation of women’s reproductive lives can tell us about the broader relationship between law and gender. Acknowledging this work and building upon it, Endowed considers the interaction of law and ideas of male reproductivity. In particular, it seeks to uncover what these regulatory moments can tell us about contemporary ideas and ideals of masculinity and the male sexed body. Spanning topics such as male circumcision and the regulation of state access to Viagra, the book uncovers recurring motifs that define masculinity and the male body in the legal imagination. In looking to these understandings the book engages with broader questions regarding the relationship between law and gender and between masculinity and social organization.Indigenous Australians and the Law
Par Elliott Johnston, Martin Hinton, Daryle Rigney. 2008
Bringing together a well-respected team of commentators, many of them indigenous Australians themselves, this revised and updated edition examines the…
legal, social and political developments that have taken place in Australia since the publication of the last edition. Providing students with a greater understanding of the issues facing Indigenous Australians in the hope of contributing to reconciliation, the authors explore a broad range of developments, including: human rights and reconciliation in contemporary Australia; the demise of ATSIC; issues of indigenous governance and water rights. Giving readers an incisive account of the resounding impact of social, political and legal conditions upon the Indigenous people of Australia and their interaction with and recourse to the law, this book is an excellent resource for those interested in the law of a coloniser or conqueror and its lasting impact upon first nations.Measuring the Effectiveness of Real Estate Regulation: Interdisciplinary Perspectives
Par Ronit Levine-Schnur. 2020
This book discusses the fundamental issues regarding the effect of real estate regulation on housing, urban development, and considerations of…
justice and efficiency. Bringing together the contributions of prominent scholars representing diverse methodologies and academic disciplines, this book offers new perspectives on core topics such as the effectiveness of land use regulation in terms of housing availability, enhanced equality, and sustainable development; and different modes of regulation and their mutual influences. The book’s eleven chapters are divided into five parts which address different aspects of real estate regulation, combining theoretical analysis with a close observation of diverse case studies, from North America and Europe to China, the Middle East, and developing economies. Part I offers cutting-edge analysis on how to measure, model, and understand the impact of zoning and other modes of real estate regulation, from economic and normative theoretical viewpoints. Part II complements Part I by providing historical observations and empirical knowledge on the actual contribution of zoning and historical conservation regulation to cities’ shape. Part III considers the outcomes of business and industrial land development policies. Part IV studies urban land development regulation and allows to compare between two relevant case studies—one from Germany, and the other from Poland. Finally, Part V concerns standardization in the real estate market by analyzing the justification and outcomes of such attempts, particularly in the mortgages market. Providing an interface between theory and practice, the book will appeal to a broad audience, consisting of scholars, policy-makers, practitioners, and students, interested in an interdisciplinary overlook on real estate regulation.International Law and the Third World: Reshaping Justice (Routledge Research in International Law)
Par Jacqueline Stevens, Richard Falk, Balakrishnan Rajagopal. 2008
This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the…
countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.