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The Paradox of Intellectual Property in Capitalism
Par João Romeiro Hermeto. 2024
The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic…
social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property.Latin America and Refugee Protection: Regimes, Logics, and Challenges (Forced Migration #41)
Par Liliana Lyra Jubilut, Marcia Vera Espinoza and Gabriela Mezzanotti. 2021
Looking at refugee protection in Latin America, this landmark edited collection assesses what the region has achieved in recent years.…
It analyses Latin America’s main documents in refugee protection, evaluates the particular aspects of different regimes, and reviews their emergence, development and effect, to develop understanding of refugee protection in the region. Drawing from multidisciplinary texts from both leading academics and practitioners, this comprehensive, innovative and highly topical book adopts an analytical framework to understand and improve Latin America’s protection of refugees.Sustainable Finances and the Law: Between Public and Private Solutions (Economic Analysis of Law in European Legal Scholarship #16)
Par Rute Saraiva, Paulo Alves Pardal. 2024
Sustainable (public and private) finance is closely interlinked with the Sustainable Development Goals (SDGs). The latter focus on enhancing the…
protection of both social and environmental assets at the local and global level, from the real economy and everyday life to financial markets and public policies, thereby laying the groundwork for a transition. Global sustainability challenges – including climate change, natural resource depletion, and rising inequality – are affecting the commercial environment and real economy in a way that presents both risks and opportunities for the private and public financial sectors. On the one hand, policymakers and investors (including banks and pensions funds) are increasingly recognizing the environment’s implications for the financial sector through both physical and transitional risks, producing impacts on financial services and products, not to mention corporate governance. On the other hand, governments and European and international institutions are aware of their sustainability-related responsibilities and the consequences of their actions. Both regulate and supervise financial markets but also use their budgetary and tax policies (e.g. carbon tax) and their participation in financial markets (e.g. green bonds and development banks) to overcome sustainability challenges. Therefore, the objective of this book is to help readers understand how private and public financial systems can be modified to create better value for society through sustainable approaches and initiatives such as the integration of environmental, social, and governance (ESG) factors in investment, procurement, and budgeting.Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts (Mesopotamian Civilizations #23)
Par F. Rachel Magdalene, Cornelia Wunsch, Bruce Wells. 2019
This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early…
Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.Crude: A Memoir
Par Pablo Fajardo, Sophie Tardy-Joubert. 2021
Oil waste was everywhere—on the roads, in the rivers where they fished, and in the water that they used for…
bathing, cooking, and washing. Children became sick and died, cases of stomach cancer skyrocketed, and women miscarried or gave birth to children with congenital disorders. The American oil company Texaco—now part of Chevron—extracted its first barrel of crude oil from Amazonian Ecuador in 1972. It left behind millions of gallons of spilled oil and more than eighteen million gallons of toxic waste. In Crude, Ecuadorian lawyer and activist Pablo Fajardo gives a firsthand account of Texaco’s involvement in the Amazon as well as the ensuing legal battles between the oil company, the Ecuadorian government, and the region’s inhabitants. As a teenager, Fajardo worked in the Amazonian oil fields, where he witnessed the consequences of Texaco/Chevron’s indifference to the environment and to the inhabitants of the Amazon. Fajardo mobilized with his peers to seek reparations and in time became the lead counsel for UDAPT (Union of People Affected by Texaco), a group of more than thirty thousand small farmers and indigenous people from the northern Ecuadorian Amazon who continue to fight for reparations and remediation to this day.Eye-opening and galvanizing, Crude brings to light one of the least well-known but most important cases of environmental and racial injustice of our time.Banning Black Gods: Law and Religions of the African Diaspora (Africana Religions)
Par Danielle N. Boaz. 2021
Banning Black Gods is a global examination of the legal challenges faced by adherents of the most widely practiced African-derived…
religions in the twenty-first century, including Santeria/Lucumi, Haitian Vodou, Candomblé, Palo Mayombe, Umbanda, Islam, Rastafari, Obeah, and Voodoo. Examining court cases, laws, human rights reports, and related materials, Danielle N. Boaz argues that restrictions on African diaspora religious freedom constitute a unique and pervasive form of anti-Black discrimination.Emphasizing that these twenty-first-century cases and controversies are not a new phenomenon but rather a reemergence of colonial-era ideologies and patterns of racially motivated persecution, Boaz focuses each chapter on a particular challenge to Black religious freedom. She examines issues such as violence against devotees, restrictions on the ritual slaughter of animals, limitations on the custodial rights of parents, and judicial refusals to recognize these faiths as protected religions. Boaz introduces new issues that have never been considered as a question of religious freedom before—such as the right of Palo Mayombe devotees to possess remains of the dead—and she brings together controversies that have not been previously regarded as analogous, such as the right to wear headscarves and the right to wear dreadlocks in schools. Framing these issues in comparative perspective and focusing on transnational and transregional issues, Boaz advances our understanding of the larger human rights disputes that country-specific studies can overlook.Original and compelling, this important new book will be welcomed by students and scholars of African diaspora religions and discerning readers interested in learning more about the history of racial discriminationPsychologie im Familienrecht - zum Nutzen oder Schaden des Kindes?
Par Uwe Tewes. 2024
Dieses lebenspraktische Sachbuch greift die öffentliche Diskussion über Ungerechtigkeiten im Scheidungsverfahren, gerichtliche Fehlurteile und familienpsychologische Gutachter als „heimliche Richter“ auf.…
Es beschreibt anschaulich das sehr komplexe System der Zusammenarbeit von Gerichten, Gutachtern, Anwälten, Jugendämtern und Verfahrensbeiständen der Kinder und befasst sich insbesondere mit der Arbeit der psychologischen Sachverständigen.Mit Hinweisen auf fragwürdige Methoden und häufige Fehlerquellen regt dieses Werk auch zum Mitdenken an und ist sowohl ein Plädoyer für ein gesundes Maß an Psychologie im Familienrecht wie auch eine Warnung vor einer Psychologisierung des Gerichtsverfahrens.Zielgruppen für dieses Buch sind Eltern und Betroffene, Juristen und andere beteiligte Professionen sowie psychologische Laien mit einem Interesse an dieser Thematik.Diese vollständig überarbeitete und aktualisierte Neuauflage berücksichtigt die zahlreichen Empfehlungen, Richtlinien, Mindestanforderungen der Fachgesellschaften und der neueren Fachbücher, die seit der Erstauflage erschienen sind.Zum Autor Universitäts-Professor und Diplom-Psychologe (i.R.) Dr. Uwe Tewes war Leiter des Instituts für Medizinische Psychologie an der Medizinischen Hochschule Hannover und mehr als vier Jahrzehnte nebenamtlich als forensischer Gutachter tätig.Juli Zeh: Text und Engagement (Kontemporär. Schriften zur deutschsprachigen Gegenwartsliteratur #15)
Par Erik Schilling. 2024
Juli Zeh verbindet zwei öffentliche Rollen: Sie ist Schriftstellerin und Juristin; sie trägt maßgeblich zur deutschsprachigen Gegenwartsliteratur bei, nimmt aber…
auch aktiv als ‚public intellectual‘ an öffentlichen Debatten teil. Der vorliegende Band untersucht daher gattungs- und literaturgeschichtliche Themen ebenso wie intertextuelle und theoretische Referenzpunkte, etwa zu Recht und Staat oder aktuellen gesellschaftlichen Aushandlungsprozessen.Juli Zehs Werk, für Bühne und Film adaptiert sowie in zahlreiche Sprachen übersetzt und inzwischen auch Schullektüre, umfasst ein breites Spektrum an Texten: Einige arbeiten mit den Mustern der Spannungsliteratur („Adler und Engel“, „Schilf“), andere lassen sich als dystopische Romane verstehen („Corpus Delicti“, „Leere Herzen“). Jüngst sind mehrere Gesellschaftsstudien zu verzeichnen („Unterleuten“, „Über Menschen“, „Zwischen Welten“). Der Band untersucht dies sowohl in Einzeltextanalysen als auch in systematischen Beiträgen, die Juli Zehs Werke vergleichend sowie im ästhetischen, medialen oder politischen Kontext in den Blick nehmen.Theories of Legal Obligation (Law and Philosophy Library #146)
Par Deryck Beyleveld, Stefano Bertea. 2024
This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation.…
It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimension of law. What specifically connects the contributions gathered here is one common thread: coming to terms with a notion – legal obligation – that is of both practical and theoretical importance. On the one hand, it is widely regarded as a fundamental legal concept by legal practitioners and laypeople alike, as not only judges, prosecutors, lawyers, and juries but also ordinary citizens make extensive use of obligation-related terms and discourses. On the other hand, the notion of legal obligation is of paramount significance for the theory of law. Indeed, even legal theorists who, quite understandably, refuse to reduce the law to a mere obligation-imposing device and opt instead for a view in which the normative dimension of the law also encompasses powers, rights, permissions, privileges and immunities, duly acknowledge the centrality of legal obligation for the understanding and conceptualisation of law. Hence the importance of the treatments presented in this volume.Entering Hades: The Double Life of a Serial Killer
Par John Leake. 2007
Policing Same-Sex Relations in Eighteenth-Century Paris: Archival Voices from 1785
Par Jeffrey Merrick. 2024
Police in Paris arrested thousands of men for sodomy or similar acts in the eighteenth century. In the mid-1780s, they…
recorded depositions in which prisoners recounted their own sexual histories. These remarkable documents, curated and translated into English by Jeffrey Merrick, allow us to hear the voices of men who desired men and to explore complex questions about sources, patterns, and meanings in the history of sexuality.This volume centers on two cartons of paperwork from commissaire Charles Convers Desormeaux. Dated from 1785, the cartons contain 221 dossiers of men arrested for sodomy or similar acts in Paris. Merrick translates and annotates the police interviews from these dossiers, revealing how the police and those they arrested understood sex between men at the time. Merrick discusses the implications of what the men said (and what they did not say), how they said it, and in what contexts it was said.The best-known works of clergy and jurists, of enemies and advocates of Enlightenment, and of novelists and satirists from the eighteenth century tell us nothing at all about the lived experience of men who desired men. In these police dossiers, Merrick allows them to speak in their own words. This primary text brings together a wealth of important information that will appeal to scholars, students, and general readers interested in the history of sexuality, sodomy, and sexual policing.This peer-reviewed book presents a comprehensive overview of the role space is playing in enabling Latin America to fulfil its…
developmental aspirations. Following on from the highly acclaimed Parts 1 to 4, it explains how space and its applications can be used to support the development of the full range and diversity of Latin America societies, while being driven by Latin American goals. The Latin American space sector is currently undergoing a phase of rapid and dynamic expansion, with new actors entering the field and with space applications increasingly being used to support the continent’s social, economic, and political development. All across Latin America, attention is shifting to space as a fundamental part of the continental development agenda, and the creation of a Latin American space agency is evidence of this. Additionally, while in recent years, significant advances in economic and social development have lifted many of Latin America’s people out of poverty, there is still much that needs to be done to fulfil the basic needs of the population and to afford them the dignity they deserve. To this end, space is already being employed in diverse fields of human endeavour to serve Latin America’s goals for its future, but there is still a need for further incorporation of space systems and data. This book will appeal to researchers, professionals and students in fields such as space studies, international relations, governance, and social and rural development.Shipboard Management
Par Simon Daniels. 2024
Shipboard Management supports students undertaking qualification at all stages of maritime training, enhancing and developing knowledge and understanding of the…
key issues in the Merchant Shipping (Training and Certification) Regulations 1997, as subsequently amended by the 2015 Regulations and other legislation.Informed by real-world experience of commercial shipboard operations, Shipboard Management offers an essential study guide addressing the issues which are most frequently confronted in the context of ship management. It is designed to foster the ability to analyse and apply the dynamics of the legal and operational structures in which the shipboard management team must engage in merchant vessel operations. Students will progress through increasingly difficult levels of learning activity in order to develop problem-solving abilities. The text focuses on the application of skills and techniques that are fundamental to commercial shipping and that meet the demands of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations.This will be essential reading for all students and candidates on MCA-accredited Deck training courses, and for seafarers wishing to apply for Certificates of Equivalent Competency. It is also a key reference for professionals in ship-owning and management companies, and for maritime lawyers.Bluecoated Terror: Jim Crow New Orleans and the Roots of Modern Police Brutality
Par Jeffrey S. Adler. 2024
A searing chronicle of how racist violence became an ingrained facet of law enforcement in the United States. Too often,…
scholars and pundits argue either that police violence against African Americans has remained unchanged since the era of slavery or that it is a recent phenomenon and disconnected from the past. Neither view is accurate. In Bluecoated Terror, Jeffrey S. Adler draws on rich archival accounts to show, in narrative detail, how racialized police brutality is part of a larger system of state oppression with roots in the early twentieth-century South, particularly New Orleans. Wide racial differentials in the use of lethal force and beatings during arrest and interrogation emerged in the 1930s and 1940s. Adler explains how race control and crime control blended and blurred during this era, when police officers and criminal justice officials began to justify systemic violence against Black people as a crucial—and legal—tool for maintaining law and order. Bluecoated Terror explores both the rise of these law-enforcement trends and their chilling resilience, providing critical context for recent horrific police abuses as the ghost of Jim Crow law enforcement continues to haunt the nation.Criminal Procedure: Adjudication And The Right To Counsel (Aspen Casebook Ser.)
Par Ronald J. Allen, Joseph L. Hoffmann, Debra A. Livingston, Andrew D. Leipold, Tracey L. Meares. 2020
Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial,…
trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This text is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team.Regional Accountability and Executive Power in Europe (Routledge Research in Constitutional Law)
Par Marcel Morabito, Guillaume Tusseau. 2024
This book discusses the major issues currently affecting the accountability of executive power in Europe. The work is divided into…
three parts. The first examines the territorial dimension including unitary, regional and federal. It discusses how territorial actors participate in strengthening or weakening the implementation of accountability of executive power in modern democratic States. The second part explores the links between national traditions and European accountability of executive power to establish a common European culture. The third and final part focuses on how to build a truly multidisciplinary approach to accountability of executive power and draws on legal, historical and political approaches. The volume will be an invaluable resource for researchers, academics and policy-makers in constitutional law and politics, public law, comparative law, legal history and government.Rights of Nature in Europe: Encounters and Visions
Par Jenny García Ruales, Katarina Hovden, Helen Kopnina, Colin D. Robertson, Hendrik Schoukens. 2024
This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers…
to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations.In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A significant development is the September 2022 passage of a law in the Spanish Parliament, granting legal personhood and rights to the Mar Menor, a saltwater lagoon severely affected by environmental degradation.Given the diversity in interpretations and articulations of ‘Rights of Nature’, this edited volume argues that their arrival in Europe fosters different kinds of interactions across distinct areas of law, knowledge, practices, and societal domains. The book employs a multidisciplinary approach, exploring these interactions in law and policy, anthropology, Indigenous worldviews and jurisprudence, philosophy, spiritual traditions, critical theory, animal communication, psychology, and social work.This book is tailored for scholars in law, political science, environmental studies, anthropology and cultural studies; as well as legal practitioners, NGOs, activists and policy-makers interested in ecology and environmental protection.Landmark Legislation 1774-2022: Major U.S. Acts and Treaties
Par Stephen W. Stathis. 2024
Landmark Legislation 1774-2022, Third Edition is a comprehensive guide to important laws and treaties enacted by the U.S. Congress. This…
updated edition includes landmark legislation from the last five Congresses (2013-2022) on issues like climate change, criminal justice, education, and more. It features carefully selected acts and treaties with historical significance and has an updated index and bibliography for easy access. A must-have for public and academic libraries with American history or political science collections.Landmark Legislation 1774-2022: Major U.S. Acts and Treaties
Par Stephen W. Stathis. 2024
Landmark Legislation 1774-2022, Third Edition is a comprehensive guide to important laws and treaties enacted by the U.S. Congress. This…
updated edition includes landmark legislation from the last five Congresses (2013-2022) on issues like climate change, criminal justice, education, and more. It features carefully selected acts and treaties with historical significance and has an updated index and bibliography for easy access. A must-have for public and academic libraries with American history or political science collections.Immigrant America: A Portrait
Par Prof. Alejandro Portes, Prof. Rubén G. Rumbaut. 2024
This revised and updated fifth edition of Immigrant America: A Portrait provides a comprehensive and current overview of immigration to…
the United States, including its history, the principal theories seeking to account for its diverse origins, the main types of immigrants, and the various forms of immigrants' incorporation within American society. With the latest available data, Immigrant America further explores the economic, political, regional, linguistic, and religious aspects of immigration. It offers detailed analyses of the adaptation process experienced by adult children of immigrants and adds an updated and expanded concluding chapter on changing immigration policy regimes both past and present.