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New Democracy: The Creation of the Modern American State
Par William J. Novak. 2022
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic…
government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people’s rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.Evolution of a Movement: Four Decades of California Environmental Justice Activism
Par Tracy E. Perkins. 2022
Despite living and working in California, one of the county's most environmentally progressive states, environmental justice activists have spent decades…
fighting for clean air to breathe, clean water to drink, and safe, healthy communities. Evolution of a Movement tells their story—from the often-raucous protests of the 1980s and 1990s to activists' growing presence inside the halls of the state capitol in the 2000s and 2010s. Tracy E. Perkins traces how shifting political contexts combined with activists' own efforts to institutionalize their work within nonprofits and state structures. By revealing these struggles and transformations, Perkins offers a new lens for understanding environmental justice activism in California. Drawing on case studies and 125 interviews with activists from Sacramento to the California-Mexico border, Perkins explores the successes and failures of the environmental justice movement in California. She shows why some activists have moved away from the disruptive "outsider" political tactics common in the movement's early days and embraced traditional political channels of policy advocacy, electoral politics, and working from within the state's political system to enact change. Although some see these changes as a sign of the growing sophistication of the environmental justice movement, others point to the potential of such changes to blunt grassroots power. At a time when environmental justice scholars and activists face pressing questions about the best route for effecting meaningful change, this book provides insight into the strengths and limitations of social movement institutionalization.Copyright Perspectives: Past, Present and Prospect
Par Brian Fitzgerald, John Gilchrist. 2015
This book provides international and domestic perspectives on the law of copyright and is led by a foreword on the…
future of copyright by Dr Francis Gurry Director General of WIPO and a chapter on the lessons for copyright policy in classical Roman law by Justice Arthur Emmett The body of this collection covers current perspectives in the digital age from the application of the Berne Convention to time shifting and intermediary copyright liability as well as perspectives from developing and developed countries covering laws user rights open access government use of copyright material and the use of the criminal law to proscribe copyright infringementComparative Criminal Justice Systems: A Topical Approach
Par Philip L. Reichel. 2018
Comparative Criminal Justice Systems: A Topical Approach is designed to effectively explain the complexities of justice systems around the world.…
Using an accessible, easy-to-understand comparative approach, it helps students recognize the growing importance of an international perspective. Key concepts are organized in a sequence that many students will already find familiar, progressing from issues concerned with criminal law to examinations of police, courts, and corrections. Students gain a realistic understanding of the many ways policing, adjudication, and corrections systems can be organized and operated. Unlike most competitive books, it covers more than 30 countries, offering insights into such issues as Islamic legal tradition and the Eastern Asia legal tradition. Learning Objectives utilize Bloom's taxonomy phrasing to ensure clarity, usefulness, and accessibility, and visually appealing images further add to the book's readability. The Seventh Edition updates statistics, changes in law, and modifications of procedures throughout; includes new and updated topic coverage enhances and updates popular pedagogical features; and provides a number of important chapter modifications to ensure readers are getting the most useful information on this constantly growing field.Air Navigation Law
Par Ruwantissa Abeyratne. 2011
The aviation community in which the International Civil Aviation Organization ICAO the International Air Transport Association…
IATA and the Civil Air Navigation Services Organization CANSO play leading roles is hard at work in bringing aviation into the 21st Century In doing so the United States and Europe have taken proactive steps forward in introducing modernization particularly in moving towards more efficient air traffic management systems within NextGen and SESAR Elsewhere in the fields of personnel licensing rules of the air accident investigation and aeronautical charts and information significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation However these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation This book provides that discussion Some of the subjects discussed in this book are sovereignty in airspace flight information and air defence identification zones rules of the air personnel licensing meteorological services operations of aircraft air traffic services accident and incident investigation aerodromes efficiency aspects of aviation and environmental protection aeronautical charts and information the carriage of dangerous goods and NextGen and SESAR Except for NextGen and SESAR these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigationThis book introduces the multilevel perspective to analyze how local, national, and international actors and institutions in the heritage field…
interact. More specifically, a comparative study is made of controversies regarding six UNESCO World Heritage sites in Germany and the United Kingdom. The six cases involve traditional monuments (the cathedral of Aachen and the castle and cathedral of Durham), industrial heritage (the Zollverein Coal Mine in Essen and the former tin and copper mines in Cornwall), and cities (Dresden and Liverpool). Studying how long-term landscape developments interact with local actors and nationally organized regimes reveals important differences between the decentralized German and the centralized British approach to heritage preservation. These differences not only have consequences for the governance of heritage preservation in the two countries, but also for their relations with international organizations such as UNESCO.Contractual Estoppel (Lloyd's Commercial Law Library)
Par Alexander Trukhtanov. 2022
The second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made…
fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.The Australia-European Union Free Trade Agreement (European Yearbook of International Economic Law)
Par Andrew Mitchell, Marc Bungenberg. 2022
This book gathers a selection of peer-reviewed chapters reflecting on the Australia-European Union Free Trade Agreement (AEUFTA). Since 18 June…
2018, ten rounds of negotiations for a AEUFTA have been held in a constructive atmosphere, showing a shared commitment to move forward with this ambitious and comprehensive agreement. After a lengthy and arduous process interrupted by the United Kingdom’s withdrawal from the European Union (EU), the United States’ hesitations regarding the EU’s global strategy and the outbreak of the COVID-19 pandemic, the negotiations between Australia and the European Union finally appear to be nearing completion. In challenging times, both parties share a commitment to a positive trade agenda, and to the idea that good trade agreements benefit both sides by boosting jobs, growth and investment. This book explores the challenges, achievements and missed opportunities in the AEUFTA negotiation process, and examines current legal and political relations between the EU, its Member States and Australia. Furthermore, it examines in detail a wide and diverse range of negotiated areas, including digital trade, services, intellectual property rules, trade remedies and investment screening, as well as dispute settlement mechanisms. Lastly, it sheds light on the likely nature of future commercial relations between Australia and the EU. Written by a team of respected authors from leading institutions in both Australia and Europe, the book provides a valuable, interdisciplinary analysis of the AEUFTA.Climate Constitutionalism Momentum: Adaptive Legal Systems (Climate Change Management)
Par Pasquale Viola. 2022
While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are…
witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects.Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum.Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.Criminal Law in the USA
Par D. Scott Broyles. 2015
Derived from the renowned multi-volume International Encyclopedia of Laws, this book provides a practical analysis of criminal law in the…
USA. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with the USA. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.Criminal Procedure and The Constitution,: Leading Supreme Court Cases and Introductory Text (American Casebook Series)
Par Yale Kamisar, Nancy King, Jerold Israel, Wayne LaFave, Eve Primus, Orin Kerr. 2021
This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited…
for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.Uncovering Reasonable Doubt: The Component Method - A Comprehensive Guide for the Criminal Defense Investigator
Par Brandon A. Perron. 1998
A comprehensive guide for the criminal defense investigator. The philosophical and methodical approaches to the discipline of criminal defense investigation…
are discussed and presented in an easy to follow format. Written for public defender investigators and private investigators engaged in the field of criminal defense investigation. Includes, case studies, diagrams, and checklists.Cyberlaw: The Law of the Internet and Information Technology
Par Brian Craig. 2013
Featuring the most current exploration of cyberlaw, this book helps students understand the legal and policy issues associated with the…
Internet. Tackling a full range of legal topics, it includes discussion of jurisdiction, intellectual property, contracts, taxation, torts, computer crimes, online speech, defamation and privacy. Chapters include recent, relevant cases, discussion questions and exercises at the end of each chapter. Using a consistent voice and clear explanations, the author covers the latest developments in cyberlaw-from cases to legislation to regulations.On subjects ranging from trade to democratization, there has lately been a wave of laments about China's development belying Western…
expectations. Yet these disappointments often come with misunderstandings of the very institutions that China was expected to adopt. Chinese taxation offers a sharp illustration. When China introduced a tax system suited for the market economy, it fully intended tax collection to rely on self-assessment, audits, and the rule of law. But this Western approach was quickly jettisoned in favour of one that emphasized monitoring of taxpayers and ex ante interventions, at the expense of deterrence and truthful reporting norms. The Chinese approach surprisingly matches recommendations made by recent economic scholarship on tax compliance and state capacity. China's massive but little-known explorations in taxation highlight the distinct types of modern state capacity, and raise challenging questions about the future of taxation and the superiority of institutions based on rule of law.Law, War and the Penumbra of Uncertainty: Legal Cultures, Extra-legal Reasoning and the Use of Force
Par Sam Selvadurai. 2022
This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual…
uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.Anti-Constitutional Populism (Cambridge Studies in Law and Society)
Par Martin Krygier, Wojciech Sadurski, Adam Czarnota. 2022
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and…
leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon after the wave of liberal democratic and constitutional enthusiasms, proclamations and institution-building which peaked in the 1990s. Bringing together scholars from law, political science and philosophy, this collection explores the character of contemporary populisms and their relationships to constitutional democracy. With contributors from around the world, it offers a diverse range of nuanced perspectives on populism as a global phenomenon. Using comparative and multi-disciplinary techniques, this book considers the specifics and similarities of populisms, and raises general questions about their nature and potential futures.Using the lens of history, A History of Financial Technology and Regulation illuminates recent changes to the world of finance.…
With lucid prose and the help of concrete examples, Seth Oranburg helps readers understand the role of technology in finance today, including complex phenomena such as mutual funds, cryptocurrencies, and the stock market itself. Chapters begin with basic principles and historical analogy before describing complex digital-investment strategies and instruments. Readers will also gain an introduction to key concepts in financial regulation, learning how law and regulations prevented some financial crises while perpetuating others. Oranburg concludes with ideas about what's next for finance and how the law should respond. This book will appeal to specialists and nonspecialists alike who are interesting in learning more about business, economics, finance, law, and regulation.Combating Poverty and Social Exclusion in European Union Law
Par Ane Aranguiz. 2022
This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union.…
Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU’s Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.Constitutional Law and Precedent: International Perspectives on Case-Based Reasoning
Par Monika Florczak-Wątor. 2022
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their…
own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges.The Liar: It takes one to catch one. (Eddie Flynn Series)
Par Steve Cavanagh. 2017
A must-read for fans of Lee Child, John Grisham and Michael Connelly. Combining gripping action and ingenious plotting, THE LIAR…
is the brilliant new legal thriller from the author of THE DEFENCE and THE PLEA.A MISSING CHILDWhen wealthy businessman Leonard Howell's daughter is kidnapped, the police jump on it straight away. But Howell knows this won't be straightforward - he needs someone willing to break the rules.A CRIMINAL LAWYEROnce a con artist, now a hotshot lawyer, Eddie Flynn's learnt that fast talk and sleight of hand are just as important in the courtroom are they are on the street. Knowing what it's like to lose a daughter, he'll stop at nothing to save Howell's.A CORRUPT CASEWith a client on trial for his life, and the body count rising, Eddie Flynn is starting to fear that the whole thing was a set-up from the very beginning.The only question is who is deadlier - the man who knows the truth, or the one who believes a lie? A missing girl, a desperate father and a case that threatens to destroy everyone involved - Eddie Flynn's got his work cut out in the thrilling new novel from the author of The Defence.Read by Adam Sims(p) 2017 Isis Publishing Ltd