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International Human Rights and Local Courts: Human Rights Interpretation in Indonesia (Routledge Research in Human Rights Law)
Par Aksel Tømte, Eko Riyadi. 2024
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a…
case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.Legal Issues for Arts Organizations: A Practical Guide (Discovering the Creative Industries)
Par Kristi W. Arth. 2024
Legal issues touch every aspect of organizations in the creative and cultural sectors. This book teaches non-lawyer, arts administration professionals…
and students how to identify and manage legal issues common to arts organizations.Legal Issues for Arts Organizations demystifies common legal problems and helps readers to approach them proactively. With an easy-to-remember “issue-spotting” process, the book helps develop the average administrator’s “eye” for legal issues, so that the administrator knows when to do more research and when to seek out professional legal assistance. Written by a law professor and former intellectual property litigator with experience in arts policy and administration, this book provides a framework that arts professionals can use to navigate legal issues with increased confidence. It provides an overview of the American legal system, teaches a systematic process for identifying legal issues, trains administrators to read and understand contracts, gives practical advice for working with professional lawyers, and puts theory into practice with an applied learning component.Packed with practical tips and advice, this book provides a primer that every arts administrator and every arts- and nonprofit-management student will find immediately useful.A book adoption gift containing teaching support materials is available to instructors. To gain access, visit www.routledge.com/9780367771133.The Struggle over Law in Europe (ISSN)
Par Aldo Sandulli. 2024
This book examines the role of law in Europe at a time when economic policies have become dominant not only…
on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.Contemporary Export Control Law of China (Modern China and International Economic Law)
Par Deming Zhao. 2024
This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions…
regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies.Human Rights During the COVID-19 Pandemic: The South Asian Experience
Par M. Ehteshamul Bari, Uday Shankar. 2024
This book sheds light on the fact that the proclamation of an emergency can be a legitimate constitutional method to take…
prompt preventative measures in protecting the interests of the society in times of grave crises. However, the exercise of emergency powers should not undermine a nation’s commitment to democratic values, such as maintaining the rule of law and upholding fundamental human rights. The COVID-19 pandemic has posed grave threats to the lives and health of individuals. However, since the constitutions of South Asian nations do not permit the proclamation of an emergency on health grounds, executives of these nations were constrained to rely, among other things, on ordinary legislation to tide over the threats posed by the pandemic. Although these statutes entrust the executive with extensive emergency powers, they do not simultaneously stipulate any safeguards subjecting the exercise of such powers to a reliable system of checks and balances. Accordingly, this book critically examines the exercise of emergency powers in the South Asian nations to tide over threats posed by the COVID-19 pandemic, which had a profoundly adverse impact on the human rights of individuals. Such exercise of powers was consistent with the general tendency demonstrated by succeeding generations of the executives in these nations to use emergency situations as the convenient means for imposing long-lasting limitations on the rights of individuals. Consequently, this book identifies the flaws, deficiencies, and lacunae of the legal framework in these nations, which permit the executive to assume unfettered power in the exercise of emergency measures at the expense of the liberty of individuals. Consequently, based on these findings, recommendations will be put forward for initiating reforms in these nations aimed at ensuring the maintenance of a delicate balance between the necessity to respond tograve threats and to simultaneously prevent undue intrusion on the fundamental human rights of individuals.Policing Hatred: Law Enforcement, Civil Rights, and Hate Crime (Critical America #15)
Par Jeannine Bell. 2002
Explores the intersection of race and law enforcement in the controversial area of hate crimeHigh-profile hate crimes like the torture-murder…
of Matthew Shepard and the dragging death of James Byrd have drawn the nation’s attention, but there are thousands of other individuals who are attacked because of their race, religion, or sexual orientation each year. This study of hate crimes challenges common assumptions regarding perpetrators and victims: most of the accused tend to be white, while most of their victims are not.Policing Hatred is an in-depth ethnographic study of how hate crime law works in practice, from the perspective of those enforcing it. It examines the ways in which the police handle bias crimes, and the social impact of those efforts. Bell exposes the power that law enforcement personnel have to influence the social environment by showing how they determine whether an incident will be charged as a bias crime.Drawing on her unprecedented access to a police hate crime unit, Bell’s work brings to life the stories of female, Black, Latino, and Asian American detectives, in addition to those of their white male counterparts. Policing Hatred also explores the impact of victim’s identity on each officers handling of bias crimes and addresses how the police treat defendants’ First Amendment rights. Bell’s vivid evidence from the field argues persuasively for the need to have the police diligently address even low-level offenses, such as vandalism, given their devastating cumulative effects on society.The Supermajority: How the Supreme Court Divided America
Par Michael Waldman. 2023
A &“terrific, if chilling, account&” (The Guardian) of how the Supreme Court&’s new conservative supermajority is overturning decades of law…
and leading the country in a dangerous political direction.In The Supermajority, Michael Waldman explores the tumultuous 2021–2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy, and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? Over three days in June 2022, the conservative supermajority overturned the constitutional right to abortion, possibly opening the door to reconsider other major privacy rights, as Justice Clarence Thomas urged. The Court sharply limited the authority of the EPA, reducing the prospects for combatting climate change. It radically loosened curbs on guns amid an epidemic of mass shootings. It fully embraced legal theories such as &“originalism&” that will affect thousands of cases throughout the country. These major decisions—and the next wave to come—will have enormous ramifications for every American. It was the most turbulent term in memory—with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022–2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics. The Supermajority is &“a call to action as much as it is a history of the Supreme Court &“ (Financial Times) at a time when the Court&’s dysfunction—and the demand for reform—are at the center of public debate.Does Privilege Prevail?: Litigation in High Courts across the Globe (Constitutionalism and Democracy)
Par Stacia L Haynie, Kirk A Randazzo, Reginald S Sheehan. 2024
The first transnational comparative study of legal party capability theory Justice is supposed to be blind. Cynics will say they…
know better. But what do the facts say? This groundbreaking study provides objective, data-driven answers to long-standing questions about winners and losers in courtrooms across the world. Does the party with the greater resources, such as money and influence, always prevail—and if so, why? Does Privilege Prevail? is the first book to evaluate these questions using a multi-country approach and, in doing so, assess what legal professionals and political scientists call party capability theory. Stacia Haynie, Kirk Randazzo, and Reginald Sheehan analyze over fifteen thousand litigation outcomes of the high courts of six countries—Australia, Canada, India, the Philippines, South Africa, and the United Kingdom—from 1970 to 2000. This unprecedented trove of data reveals that while the &“haves&” of society do undoubtedly enjoy certain advantages in the judicial system, a more complex explanation for legal outcomes is required than party capability theory provides—especially when it comes to assessing the role of attorneys and their legal teams or the components of the docket where judges can provide avenues for the &“have nots&” to succeed.Digitalization and Competition Policy in Japan
Par Shuya Hayashi, Koki Arai. 2024
This book organizes the intent and purpose of the Japanese competition law (Antimonopoly Act) to address the digitalized socio-economy and…
provides a detailed explanation of its basic content as well as advanced issues. It includes an overview of Japanese law and its international position, a basic understanding of the big data and AI issues in today's competition law, and perspectives on high-tech regulation. In addition, it includes a variety of important topics, ranging from exploring principles to tackle digital regulatory realities, to understanding and analyzing the competitive realities of multisided markets. It also examines the relationship between information and competition law and that between consumer and competition law.Digitalization is a key concept in our economy and society today. Carbon neutrality initiatives, the need to improve productivity, globalization, and new ways of working are all seeking breakthroughs by way of digitalization. What’s more, digitalization requires free and fair competition in order to encourage technological innovation. The search for transparent and clear competition laws is essential to promote efficient and effective research and development and to promote public awareness through competition.What the **** is Normal?!
Par Francesca Martinez. 2014
If you grow up in a world where wrinkles are practically illegal, going bald is cause for a mental breakdown,…
and women over size zero are encouraged to shoot themselves (immediately), what the hell do you do if you’re, gasp … DISABLED? Whatever body you’re born into, the pressure to be normal is everywhere. But have you ever met a normal person? What do they look like? Where do they live? What do they eat for breakfast?And what the **** does normal mean anyway?This is the award-winning wobbly comedian Francesca Martinez’s funny, personal, and universal story of how she learned to stick two shaky fingers up to the crazy expectations of a world obsessed with being ‘normal’.Unlawful Killings: Life, Love and Murder: Trials at the Old Bailey - The instant Sunday Times bestseller
Par Her Honour Wendy Joseph. 2022
THE INSTANT SUNDAY TIMES BESTSELLERWINNER OF THE CWA GOLD DAGGER FOR NON-FICTION 2023'Wendy Joseph's gripping account of the law at…
work reads like a cliffhanger.' Sunday Times'Absolutely superb. 5 stars for sheer readability alone. Her Honour entertains as she educates us about murder, about the law and about how we human beings are shaped as we create the culture we live with.' PHILIPPA PERRY, author of THE BOOK YOU WISH YOUR PARENTS HAD READ___________________________________________________________________________________'Every day in the UK lives are suddenly, brutally, wickedly taken away. Victims are shot or stabbed. Less often they are strangled or suffocated or beaten to death. Rarely they are poisoned, pushed off high buildings, drowned or set alight. Then there are the many who are killed by dangerous drivers, or corporate gross negligence. There are a lot of ways you can kill someone. I know because I've seen most of them at close quarters.'High-profile murder cases all too often grab our attention in dramatic media headlines - for every unlawful death tells a story. But, unlike most of us, a judge doesn't get to turn the page and move on. Nor does the defendant, or the family of the victim, nor the many other people who populate the court room.And yet, each of us has a vested interest in what happens there. And while most people have only the sketchiest idea of what happens inside a Crown Court, any one of us could end up in the witness-box or even in the dock.With breath-taking skill and deep compassion, the author describes how cases unfold and illustrates exactly what it's like to be a murder trial judge and a witness to human good and bad. Sometimes very bad.The fracture lines that run through our society are becoming harder and harder to ignore. From a unique vantage point, the author warns that we do so at our peril._____________________________________________________________________________________________'The most exceptional book I have read in a long time.' CLARE MACKINTOSH'A very rare gem. written with authority, humility and compassion. Compellingly clever and sharply honest.' PROFESSOR DAME SUE BLACK, author of ALL THAT REMAINS'Riveting, thought-provoking, and very, very entertaining. I loved it.' RODDY DOYLE'Will make you question all the fundamentals that you've come to take for granted about offenders, the crimes that they commit - especially murder - and the punishment they deserve. A page turner that will leave you wanting to know more.' EMERITUS PROFESSOR DAVID WILSON, author of MY LIFE WITH MURDERERSThe instant Sunday Times bestseller, March 2023Two Children Behind A Wall
Par Catherine Laylle. 2011
In 1984, Catherine Laylle, a Frenchwomen living in London, met and married a German medical student, Dieter. The couple had…
two sons, Alexander and Constantin. When, however, at Dieter's insistence, they moved back to his home town in Germany, the marriage began to fall apart. Dieter refused to get a job, Catherine found living with his family oppressive and eventually, she returned to London with the children. The boys spent term time with their mother, holidays with their father - until the summer of 1994, when Dieter decided that his sons should be raised as Germans and, with the support of the local judge, defied the London court ruling that gave Catherine custody. Catherine went to the courts in London, Germany and the Hague - but it seemed that no court outside the jurisdiction of Lower Saxony would overrule the decision. Today, Alexander is eleven and Constantin is nine. Catherine has barely seen them in the two years since Dieter kidnapped them - and then only under the supervision of one of his friends. This is the harrowing story of a mother's attempts to regain her children, and of her desperate struggle against a tyrannical family and the blind injustice of the courts in Europe.The astonishing true story of trust, pain, becoming lost, and finding a way back to yourself despite it all'An intimate…
preservation of a moment in time, full of personality' THE TIMES__________Life is beautiful - even in the dark . . .Oliver Mol was happily drifting through his twenties when the migraine exploded in his head.Suddenly, he could barely function. He felt marooned. Nothing helped. Yet he was desperate to save himself.Then he found the trains. The job of train guard has intense moments of strict, regimented activity in between periods of calm serenity. It was just what Oliver needed. Not only could he do this, but also it might be a way out.Train Lord is the story of Oliver's extraordinary recovery. A journey back into the light . . .__________'Tender, vital and quietly hopeful: a tale of remaking' Guardian'Rude, raw, visceral, painful and wildly funny' Saga 'Intense and humble, Train Lord won my heart' Australian Book ReviewImperfect Justice: Prosecuting Casey Anthony
Par Jeff Ashton, Lisa Pulitzer. 2012
The definitive inside story of the case that captivated the nation. . . and the verdict that no one saw…
coming.It was the trial that stunned America. On July 5, 2011, nearly three years after her initial arrest, Casey Anthony walked away, virtually scot-free, from one of the most sensational murder trials of all time. She'd been accused of killing her daughter, Caylee, but the trial only left behind more questions: Was she actually innocent? What really happened to Caylee? Was this what justice really looked like?In Imperfect Justice, prosecutor Jeff Ashton, one of the principal players in the case's drama, sheds light on those questions and much more, telling the behind-the-scenes story of the investigation, the trial, and the now-infamous verdict. Complete with never-before-revealed information about the case and the accused, Ashton examines what the prosecution got right, what they got wrong, and why he remains completely convinced of Casey Anthony's guilt.Civil Rights: Rhetoric or Reality
Par Thomas Sowell. 1984
It is now more than three decades since the historic Supreme Court decision on desegregation, Brown v. Board of Education.…
Thomas Sowell takes a tough, factual look at what has actually happened over these decades -- as distinguished from the hopes with which they began or the rhetoric with which they continue, Who has gained and who has lost? Which of the assumptions behind the civil rights revolution have stood the test of time and which have proven to be mistaken or even catastrophic to those who were supposed to be helped?Here, Right Matters: An American Story
Par Alexander Vindman. 2021
Retired U.S. Army Lieutenant Colonel Alexander Vindman, who found himself at the center of a firestorm for his decision to report…
the infamous phone call that led to presidential impeachment, tells his own story for the first time. Here, Right Matters is a stirring account of Vindman's childhood as an immigrant growing up in New York City, his career in service of his new home on the battlefield and at the White House, and the decisions leading up to, and fallout surrounding, his exposure of President Trump's abuse of power. 0900, Thursday, July 25, 2019: President Trump called Ukraine’s President Zelensky, supposedly to congratulate him on his recent victory. In the months that followed, the American public would only learn what happened on that call because Alexander Vindman felt duty-bound to report it up the chain of command: that the President of the United States had extorted a foreign ally to damage a political challenger at home. Vindman’s actions and subsequent testimony before congress would lead to Trump’s impeachment and affirm Vindman's belief that he had done the right thing in the face of intense pressure to stay silent. But it would come at an enormous cost, straining relationships with colleagues, superiors, and even his own father, and eventually end his decorated career in the US Army, by a Trump administration intent on retribution. Here, Right Matters is Vindman’s proud, passionate, and candid account of his family, his career, and the moment of truth he faced for his nation. As an immigrant, raised by a father who fled the Soviet Union in pursuit of a better life for his children, Vindman learned about respect for truth throughout his education and military service. As this memoir makes clear, his decision to speak up about the July 25th call was never a choice: it was Vindman’s duty, as a naturalized citizen and member of the armed forces. In the wake of his testimony, he would endure furious partisan attacks on his record and his loyalty. But far louder was the extraordinary chorus of support from citizens who were collectively intent on reaffirming an abiding American commitment to integrity. In the face of a sure-fire career derailment and public excoriation, Vindman heeded the lessons from the people and institutions who instilled in him the moral compass and the courage to act decisively. Like so many other American immigrant families, the Vindmans had to learn to build a life from scratch and take big risks to achieve important goals. Here, Right Matters is about the quiet heroes who keep us safe; but, above all, it is a call to arms for those who refuse to let America betray its true self.Credible: Why We Doubt Accusers and Protect Abusers
Par Deborah Tuerkheimer. 2021
In this landmark book, a former prosecutor, legal expert, and leading authority on sexual violence examines why we are primed…
to disbelieve allegations of sexual abuse—and how we can transform a culture and a legal system structured to dismiss accusers Sexual misconduct accusations spark competing claims: her word against his. How do we decide who is telling the truth? The answer comes down to credibility. But as this eye-opening book reveals, invisible forces warp the credibility judgments of even the well- intentioned among us. We are all shaped by a set of false assumptions and hidden biases embedded in our culture, our legal system, and our psyches. In Credible, Deborah Tuerkheimer provides a much-needed framework to explain how we perceive credibility, why our perceptions are distorted, and why these distortions harm survivors. Social hierarchies and inequalities foster doubt that is commonplace and predictable, resulting in what Tuerkheimer calls the “credibility discount”—our dismissal of claims by certain kinds of speakers—primarily women, and especially those who are more marginalized. The #MeToo movement has exposed how victims have been badly served by a system that is designed not to protect them, but instead to protect the status quo. Credibility lies at the heart of this system. Drawing on case studies, moving first-hand accounts, science, and the law, Tuerkheimer identifies widespread patterns and their causes, analyzes the role of power, and examines the close, reciprocal relationship between culture and law—guiding us toward accurate credibility judgments and equitable treatment of those whose suffering has long been disregarded.#MeToo has touched off a massive reckoning. To achieve lasting progress, we must shift our approach to belief. Credible helps us forge a path forward to ensuring justice for the countless individuals affected by sexual misconduct.The Supreme Court
Par Ruadhán Mac Cormaic. 2016
'A wonderful book ... a superb book and it's not just for people interested in law; it tells you a…
lot about Ireland' Vincent Browne, TV3The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland.'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year'[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books'Compelling ... a remarkable story, told with great style' Irish Times'Authoritative, well-written and highly entertaining' Sunday TimesThe work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives.Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world.The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail.The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state.Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.Cultural Property Crime and the Law: Legal Approaches to Protection, Repatriation, and Countering Illicit Trade (Transnational Criminal Justice)
Par Michelle D. Fabiani, Kate Melody Burmon, Saskia Hufnagel. 2024
This book explores innovative approaches to using and operating within and around both criminal law and civil law in the…
detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.Sitting Pretty: The View from My Ordinary Resilient Disabled Body
Par Rebekah Taussig. 2020
A memoir-in-essays from disability advocate and creator of the Instagram account @sitting_pretty Rebekah Taussig, processing a lifetime of memories to…
paint a beautiful, nuanced portrait of a body that looks and moves differently than most.Growing up as a paralyzed girl during the 90s and early 2000s, Rebekah Taussig only saw disability depicted as something monstrous (The Hunchback of Notre Dame), inspirational (Helen Keller), or angelic (Forrest Gump). None of this felt right; and as she got older, she longed for more stories that allowed disability to be complex and ordinary, uncomfortable and fine, painful and fulfilling.Writing about the rhythms and textures of what it means to live in a body that doesn’t fit, Rebekah reflects on everything from the complications of kindness and charity, living both independently and dependently, experiencing intimacy, and how the pervasiveness of ableism in our everyday media directly translates to everyday life. Disability affects all of us, directly or indirectly, at one point or another. By exploring this truth in poignant and lyrical essays, Taussig illustrates the need for more stories and more voices to understand the diversity of humanity. Sitting Pretty challenges us as a society to be patient and vigilant, practical and imaginative, kind and relentless, as we set to work to write an entirely different story.