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The Politics Of Law: A Progressive Critique, Third Edition
Par David Kairys. 1998
The Politics of Law is the most widely read critique of the nature and role of the law in American…
society. This revised edition continues the book’s concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplinespolitical science, economics, sociology, criminology, history, and literatureraise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book’s tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.Empirical Views on European Gambling Law and Addiction
Par Simon Planzer. 2014
This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective.…
It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence. The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called 'peculiar nature' of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court's special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined. Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling.When Gadgets Betray Us: The Dark Side of Our Infatuation With New Technologies
Par Robert Vamosi. 2011
Writing in plain language for general readers, Vamosi, a computer security analyst and a contributing editor at PCWorld, explains what…
we're really signing up for when we log in and reveals the secret lives of our electronic devices, offering a commonsense approach for protecting ourselves. The book is about hardware hacking and new kinds of identity fraud: how our mobile phone conversations can be intercepted, how our credit cards and driver's licenses can be copied at a distance. The author travels from the streets of New York and LA to Johannesburg and Berlin, to talk to people who have experienced firsthand how gadgets can betray us and to examine the effects of technology in the Third World. He recommends the addition of basic authentication and strong encryption to most hardware to reduce the vulnerabilities described in the book, but notes that hardware manufacturers have so far shown little interest in securing their gadgets. Annotation ©2011 Book News, Inc. , Portland, OR (booknews. com)Procedural Justice in the United Nations Framework Convention on Climate Change
Par Luke Tomlinson. 2015
This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural…
fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.Crime And Punishment In American History
Par Lawrence Friedman. 1993
In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers…
shows how America fashioned a system of crime and punishment in its own image.Private Property and the Constitution
Par Bruce Ackerman. 1977
I am deeply indebted to my research assistant, John Borgo, for an ongoing flow of criticism, as well as to…
my secretary, Diane McDougal, for typing a steady stream of second thoughts. Their work, as well as mine, was supported in part by the Law and Social Science Division of The National Science Foundation. The Foundation,however, should not be held responsible for the views expressed in this essay.I am also very grateful to my many friends at Yale and elsewhere who helped me with this book. But my debts here are so numerous and diverse as to defy a comprehensive and exact accounting.Gothic Forensics
Par Michael Arntfield. 2016
Mental Health in South Asia: Ethics, Resources, Programs and Legislation
Par Jitendra Kumar Trivedi, Adarsh Tripathi. 2015
Asia is by far the largest continent in the world in terms of area with population exceeding 3. 5 billion…
and has dozens of cultures, religions, languages and ethnic groups. As a result of its highly varied political systems, Asia also spawns a wide variety of health care systems including mental health care systems, often based on historical roots and at times colonial heritages. The people who suffer from mental or neurological disorders in the continent form a vulnerable section of society and often face stigma, discrimination and marginalization in all societies, and this increases the likelihood that their human rights will be violated This book tackles the issue of mental health legislation in South Asia The first of its kind, it addresses an issue that is necessary for protecting the rights of people with mental disorders and serves as an essential text for reinforcing mental health policy in South Asia It is a timely addition to our global understanding of mental health and how different regions address it.Divergence and Convergence of Automobile Fuel Economy Regulations
Par Masahiko Iguchi. 2015
This book reveals the mechanisms underlying the convergence of car fuel economy regulations in Europe, Japan and the US by…
drawing upon a constructivist theory of International Relations and law that focuses on business competition and environmental regulations. It offers new understanding of the topic of cars and an issue of climate change, discussing the emerging phenomenon of convergence of fuel economy regulations; addressing the role of business actors in pushing for climate change action; proposing the new model of agency with and beyond states; and providing insightful case studies from Europe, Japan and the US. The opening chapter reviews the automobile industry and global climate change, providing a background for the discussion to follow. Chapter 2, Business Actors and Global Environmental Governance, grounds the discussion in the field of environmental governance. The third chapter is a case study examining the construction and timing of the European Union's climate policies for automobile CO2 emissions, discussing the underlying factors and the actors influencing the policies. The following chapter argues that Japan adopted its stringent fuel economy regulations primarily because of industry competitiveness, motivated by stringent environmental regulations in export markets and encouraged by a tradition of 'co-regulation' and 'corporatism' to enhance the regulations. Chapter 5 asks why the US, the first country to introduce fuel economy regulations, spent two decades in regulatory stagnation, and discusses how recent US fuel economy regulations came to converge with Japanese and European standards. Chapter 6 compares, contrasts and analyzes fuel economy regulations among the three case studies and identifies policy implications for the future climate governance for 2015 and beyond. The final chapter explores applicability of the 'agency with and beyond the state' model to other sectors and to climate governance as a whole.Verdeckte strafprozessuale Ermittlungsmaßnahmen
Par Thomas A Bode. 2011
Die Heimlichkeit ist kleinster gemeinsamer Nenner und zugleich dogmatischer Problempunkt der verdeckten strafprozessualen Ermittlungsmaßnahmen. Entspricht Heimlichkeit dem Zwang zu selbstbelastenden…
Aussagen? Warum können rein beobachtende Maßnahmen überhaupt die grundrechtlich geschützten Freiheiten des Einzelnen verkürzen? Sind die Vorschriften der StPO Rechtfertigungen für solche Eingriffe oder hierfür zu unbestimmt und unverhältnismäßig? In welchen Fällen scheitert eine Rechtfertigung an der Missachtung der Menschenwürde? Antworten auf diese Fragen sind nicht nur für eine fundamentale Kritik der verdeckten Maßnahmen und ihrer Regelungen notwendig. Sie sind auch unverzichtbar, um die Vorschriften der verdeckten Maßnahmen in der StPO verstehen und sinnvoll auslegen zu können. Mit einem eigenständigen Ansatz zur Beantwortung der Grundlagenfragen werden anwendungsbezogene Lösungsvorschläge erarbeitet, die auch aktuelle Spezialprobleme wie die Online-Durchsuchung und die Quellen-TKÜ betreffen.Self-Help, Private Debt Collection and the Concomitant Risks
Par Cӑtӑlin Gabriel Stӑnescu. 2015
The book shows that self-help in commercial law is a fast, inexpensive and efficient alternative to court enforcement. Self-help remedies…
and private debt collection are largely but not exclusively features of common law jurisdictions, since remnants of private enforcement can still be found in contract law in civilian systems. The book argues that - despite their usefulness - self-help and private debt collection entail significant risks, especially for consumer debtors. This means that private enforcement needs to be accompanied by the introduction of tailor-made consumer-debtor protection regulation. Specific attention is given to factoring, which functions in many instances as a form of pseudo-private debt collection and which has been exploited to bypass sector-specific consumer protection regulations.Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company…
from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what’s holding us back? Michael Heller, a leading authority on property, reveals that while private ownership creates wealth, too much ownership means that everyone loses. Startling and accessible, The Gridlock Economy offers insights on how we can overcome this preventable paradox.Lawyers and Mediation
Par Bryan Clark. 2011
This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law…
world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.Der GmbH-Geschäftsführer
Par Rocco Jula. 2011
Die Kenntnis der rechtlichen Rahmenbedingungen ist für Geschäftsführer unerlässlich, wenn sie ihre Aufgaben ordnungsgemäß erfüllen und Handlungsspielräume effektiv nutzen wollen.…
In dem Band werden zunächst die wichtigsten Aufgaben und ihre rechtlichen Grundlagen erläutert. Im zweiten Teil des Ratgebers steht der Anstellungsvertrag im Mittelpunkt, haftungs- und strafrechtliche Folgen werden im dritten Teil detailliert dargestellt. Die Neuauflage berücksichtigt die GmbH-Reform nach dem MoMiG. Mit Fallbeispielen, Tipps und Vertragsmustern.The Global Age: NGIOA @ Risk
Par Jayshree Pandya. 2012
Dr. Jayshree Pandya, founder of Risk Group LLC (http://www.riskgroupllc.com), is ahead of the curve in addressing the changing global fundamentals…
of the emerging Global Age. Global Age, and its changing global fundamentals has brought complex, chaotic, and turbulent times for every nation--where failures at all levels have come to become self-evident, repetitive, destructive, and potentially hopeless in nature and uncertainty. Nations are caught off guard. From what is visible across nations today, the promise of progress and prosperity for all nations does not seem to have materialized in a Global Age. Instead of progress and prosperity, what is visible today is crisis and catastrophe that is overpowering and overwhelming the capability of most nations to meet their promise of progress and prosperity. Nations are in crisis. This introductory book Global Age: NGIOA @ Risk addresses the global shifts and the changing global fundamentals of Global Age, to lay out much needed foundation of an integrated NGIOA risk governance framework for the coming tomorrow. This book will make a convincing case for the far-reaching need and understanding of global risk concepts, global risk fundamentals, and risk centric integrated NGIOA governance. The integrated NGIOA risk governance approach proposed and discussed in this initiative is rational, practical, and feasible. It will help create a dynamic, vibrant, and sustainable NGIOA economy of a Global Age. This initiative is a first step towards that.European Yearbook of International Economic Law (EYIEL), Vol. 4
Par Markus Krajewski, J rg Philipp Terhechte, Christoph Herrmann. 2012
Part one of Volume 4 (2013) of the European Yearbook of International Economic Law offers a special focus on recent…
developments in international competition policy and law. International competition law has only begun to emerge as a distinct subfield of international economic law in recent years, even though international agreements on competition co-operation date back to the 1970s. Competition law became a prominent subject of political and academic debates in the late 1990s when competition and trade were discussed as one of the Singapore issues in the WTO. Today, international competition law is a complex and multi-layered system of rules and principles encompassing not only the external application of domestic competition law and traditional bilateral co-operation agreements, but also competition provisions in regional trade agreements and non-binding guidelines and standards. Furthermore, the relevance of competition law for developing countries and the relationship between competition law and public services are the subject of heated debates. The contributions to this volume reflect the growing diversity of the issues and elements of international competition law. Part two presents analytical reports on the developments of the regional integration processes in North America, Central Africa and Southeast Asia as well as on the treaty practice of the European Union. Part three covers the legal and political developments in major international organizations that deal with international economic law, namely the IMF, WCO, WTO, WIPO, ICSID and UNCTAD. Lastly, part four offers book reviews of recent works in the field of international economic law.The Ethics of Tax Evasion
Par Robert W. Mcgee. 1997
Why do people evade paying taxes? This is the central question addressed in this volume by Robert McGee and a…
multidisciplinary group of contributors from around the world. Applying insights from economics, public finance, political science, law, philosophy, theology and sociology, the authors consider the complex motivations for not paying taxes and the conditions under which this behavior might be rationalized. Applying theoretical approaches as well as empirical research, The Ethics of Tax Evasion considers three general arguments for tax evasion: (1) in cases where the government is corrupt or engaged in human rights abuses; (2) where citizens claim inability to pay, unfairness in the tax system, paying for things that do not benefit the taxpayer, excessively high tax rates, or where taxes are used to support an unpopular war; and (3) through philosophical, moral, or religious opposition. The authors further explore these issues by asking whether attitudes toward tax evasion differ by country or other demographic variables such as gender, age, ethnicity, income level, marital status, education or religion. The result is a multi-faceted analysis of tax evasion in cultural and institutional context, and, more generally, a study in ethical dilemmas and rational decision making.The New Faces of Victimhood
Par Jan Van Dijk, Rianne Letschert. 2010
Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays,…
international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime.Reasonableness and Responsibility: A Theory of Contract Law
Par Mart n Hevia. 2012
If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the…
institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.Layered Global Player
Par Henri De Waele. 2010
Layered Global Player offers a concise but thorough overview of the principles of EU external relations law. By closely examining…
the role of the European Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting the legal developments in their historical and political context. The book contains up-to-date analyses of topics such as the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers with regard to the environment, fundamental human rights and development cooperation. It also includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. Overall, this book couples an innovative design with comprehensive coverage and an engaging style of writing. Its compactness and accessibility enable readers to master the main features of this dynamic field of law with ease, making it an indispensible resource for scholars and practitioners alike.