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Women, Gender, and Constitutionalism in Latin America
Par Francisca Pou Giménez, Ruth Rubio Marín, and Verónica Undurraga Valdés. 2024
This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the…
subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy.In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions.The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.Commercial Contract Law and Arbitration: From Assignments to Unfair Terms
Par Mads Andenas, Maren Heidemann. 2024
This book tackles one of the most challenging fields of research and practice in the current global trade environment: integrating…
doctrines of private and public law for the purpose of international commerce and trade.Traditional concepts of obligatory and proprietary claims and rights reach their limits when placed within an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners are seeking new ways of expanding and reconnecting novel products and services such as data; and the use of international dispute settlement with indispensable constitutional values and democratic processes is also growing. This book combines contributions on current issues in commercial contract and contract law, making an important contribution to the areas of substantive contract law and arbitration procedure that connect issues across disciplines. Exploring both substantive and procedural laws, the book explores unfair terms in non-consumer contracts, which is complemented by a broader contextual discussion of the regulation of platform operators in the European Union; while a discussion of the procedural role of public reporting of investment arbitration awards by the International Centre for the Settlement of Investment Disputes (ICSID) expands on the procedural aspects of arbitration within the wider context of the rule of law debate.Debating policy issues in general private law reform, and including a juxtaposition of a traditionalist continuation-oriented approach and a call for radical reform of entrenched and outmoded private law concepts to suit global commerce, this book will be of interest to students, academics and practitioners working in the area of commercial contract law and arbitration.Cybercrime and Digital Deviance
Par Roderick S. Graham, 'Shawn K. Smith. 2024
Cybercrime and Digital Deviance, Second Edition, combines insights from sociology, criminology, psychology, and cybersecurity to explore cybercrimes such as hacking,…
identity theft, and romance scams, along with forms of digital deviance such as pornography addiction, trolling, and “canceling” people for perceived violations of norms.Other issues are explored including cybercrime investigations, nation-state cybercrime, the use of algorithms in policing, cybervictimization, and expanded discussion of the theories used to explain cybercrime. Graham and Smith conceptualize the online space as a distinct environment for social interaction, framing their work with assumptions informed by their respective work in urban sociology and spatial criminology, and offering an engaging entry point for understanding what may appear to be a technologically complex course of study. The authors apply a modified version of a typology developed by David Wall: cybertrespass, cyberfraud, cyberviolence, and cyberpornography. This typology is simple enough for students just beginning their inquiry into cybercrime, while its use of legal categories of trespassing, fraud, violent crimes against persons, and moral transgressions provides a solid foundation for deeper study. In this edition each chapter includes a new “Current Events and Critical Thinking” section, using concepts from the chapter to explore a specific event or topic like the effect of disinformation on social cohesion and politics.Taken together, Graham and Smith’s application of a digital environment and Wall’s cybercrime typology makes this an ideal upper-level text for students in sociology and criminal justice. It is also an ideal introductory text for students within the emerging disciplines of cybercrime and cybersecurity.This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of…
changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.Cross-Border Insolvency Proceedings: Policies and Directives in the European Union
Par Remigijus Jokubauskas. 2024
This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of…
the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.How does justice for non-citizens look like? This book provides a nuanced cross-section of how criminal courts deliver justice to…
non-citizens, investigating rationales and purposes of penal power directed at foreign defendants. It examines how lack of citizenship alters the contours of justice, creating a different system oriented at control and exclusion of non-members. Drawing on ethnographic research in an Italian criminal court, the book details how citizenship and national belonging not only matter, but are matters reproduced, elaborated, and negotiated throughout the judicial process, exploring the implications of this development for the understanding of penal power and the role of criminal courts.Set in the context of the growing intersection between migration control and penal power, Delivering Justice to Non-Citizens explores whether and how instances of border control have seeped into judicial practices. In doing so, it fills a significant gap in the scholarship on border criminology by considering a rather unexplored actor in the field of migration studies: criminal courts. Based on a year of courtroom ethnography in Turin, Delivering Justice to Non-Citizens relies on interviews with courtroom actors, courthouse observations, analysis of court files, together with local media analysis, to provide a vivid image of judicial practices towards foreign defendants in a medium-size criminal court. It considers and balances the distinctive traits of the local context with ongoing global processes and transformations and adds much needed insights into how global processes impact local realities and how the local, in turn, adjusts to global challenges. Through instances of everyday justice, the book calls attention to how migration control has silently seeped into the judicial realm.The book will be of interest to students and academics in sociology, criminology, law, penology, and migration studies. It will also be an important reading for legal practitioners, magistrates, and other law enforcement authorities.Steuerstrafrecht (Springer-Lehrbuch)
Par Dennis Bock, Friedrich Sebastian Fülscher. 2024
Dieses Buch enthält – insbesondere für Studierende, aber auch Berufseinsteiger – eine Einführung in das Steuerstrafrecht sowohl in materieller als…
auch verfahrensrechtlicher Hinsicht. Die Autoren aus Wissenschaft und Praxis verbinden ihre Erfahrungen zu einem mit zahlreichen Beispielsfällen (vornehmlich aus der aktuellen Rechtsprechung) versehenen Lehrwerk, welches sich zum Ziel setzt, eine auf den ersten Blick nicht leicht zugängliche Materie einprägsam darzustellen.Digital Health Care outside of Traditional Clinical Settings: Ethical, Legal, and Regulatory Challenges and Opportunities
Par I. Glenn Cohen, Daniel B. Kramer, Julia Adler-Milstein, Carmel Shachar. 2024
Health care delivery is shifting away from the clinic and into the home. Even prior to the COVID-19 pandemic, the…
use of telehealth, wearable sensors, ambient surveillance, and other products was on the rise. In the coming years, patients will increasingly interact with digital products at every stage of their care, such as using wearable sensors to monitor changes in temperature or blood pressure, conducting self-directed testing before virtually meeting with a physician for a diagnosis, and using smart pills to document their adherence to prescribed treatments. This volume reflects on the explosion of at-home digital health care and explores the ethical, legal, regulatory, and reimbursement impacts of this shift away from the 20th-century focus on clinics and hospitals towards a more modern health care model. This title is also available as Open Access on Cambridge Core.The Constitutional Courts of Small Jurisdictions (Small State Studies)
Par Danny Pieters. 2024
The Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in…
Europe.The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. The book concludes by identifying some common features and challenges that constitutional courts of small states are confronted with, formulating recommendations for other small state jurisdictions across the world.This book will be of great interest and use to practitioners and scholars working in and researching constitutional law in general, and constitutional courts in particular. It will be invaluable for those dealing with small states, as it pays attention to an often forgotten - but important - aspect of the rule of law, and thus also of democracy.Modern Slavery in Global Context: Human Rights, Law, and Society
Par Elizabeth A. Faulkner. 2024
This thought-provoking collection brings together academics from a range of disciplines to examine modern slavery. It illustrates how different disciplinary…
positions, methodologies and perspectives form and clash together through a kaleidoscopic view to contribute a unique insight into critical modern slavery studies. Providing a platform to critique the legal, ideological and political responses to the issue, experts interrogate the construct of modern slavery and the anti-trafficking discourse which have dominated contemporary responses to and understandings of exploitation. Drawing on a range of global real-world examples, this is a vital contribution to the study of modern slavery.People of Kituwah: The Old Ways of the Eastern Cherokees
Par John D. Loftin, Benjamin E. Frey. 2024
According to Cherokee tradition, the place of creation is Kituwah, located at the center of the world and home to…
the most sacred and oldest of all beloved, or mother, towns. Just by entering Kituwah, or indeed any village site, Cherokees reexperience the creation of the world, when the water beetle first surfaced with a piece of mud that later became the island on which they lived. People of Kituwah is a comprehensive account of the spiritual worldview and lifeways of the Eastern Cherokee people, from the creation of the world to today. Building on vast primary and secondary materials, native and non-native, this book provides a window into not only what the Cherokees perceive and understand—their notions of space and time, marriage and love, death and the afterlife, healing and traditional medicine, and rites and ceremonies—but also how their religious life evolved both before and after the calamitous coming of colonialism. Through the collaborative efforts of John D. Loftin and Benjamin E. Frey, this book offers an in-depth understanding of Cherokee culture and society.Criminal Law And Procedure
Par Daniel E. Hall. 2012
Authoritative, comprehensive, and current, Criminal Law and Procedure, 6th edition delivers cutting-edge coverage of every aspect of the law and…
the duties a paralegal is expected to perform. It strikes the ideal balance between theoretical law and cutting-edge developments as it explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more.Criminal Law And Procedure
Par Daniel E. Hall. 2012
Authoritative, comprehensive, and current, Criminal Law and Procedure, 6th edition delivers cutting-edge coverage of every aspect of the law and…
the duties a paralegal is expected to perform. It strikes the ideal balance between theoretical law and cutting-edge developments as it explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more.Power and Glory: Elizabeth II and the Rebirth of Royalty
Par Alexander Larman. 2024
Alexander Larman, the master chronicler of the House of Windsor, brings his acclaimed trilogy to a dramatic and poignant conclusion.When…
the Royal Family took to the balcony of Buckingham Palace on VE Day in 1945, they knew that the happiness and excitement of the day was illusory. Britain may have been victorious in a painful war, but the peace would be no easier. Between the abdication crisis, the death of King George VI, and the ascension of young Elizabeth II to the throne, the continued existence of the monarchy seemed uncertain. And the presence of the former Edward VIII, now the Duke of Windsor, conniving and sniping from the sidelines in an attempt to regain relevance, even down to writing a controversial and revelatory memoir, could only make matters worse. Still, the question of whether or not Elizabeth could succeed and make the monarchy something that once again inspired international pride and even love remained.In Power and Glory, Alexander Larman completes his acclaimed Windsor family trilogy, using rare and previously unseen documents to illuminate their unique family dynamic. Through his chronicling of events like the Royal Wedding, George VI’s death and the discovery of the Duke of Windsor’s treacherous activities in WWII, Larman paints a vivid portrait of the end of one sovereign’s reign and the beginning of another’s that heralded a new Elizabethan Age which would bring power and glory back to a monarchy desperately in need of it.Right Here, Right Now: The Buffalo Anthology (Belt City Anthologies)
Par Jody K. Biehl. 2016
Buffalo is a magical place to be and this anthology walks the reader through the decades. The newness of the…
city is electrifying and sits atop a glorious history of power, disappointment, artistic flair, racial injustice and spicy chicken wings—and Buffalo has the Niagara Falls in its backyard. Told through the eyes of more than 65 artists, writers, and residents, the essays will give readers a feel of the city, its good and bad sides, and why many people love calling Buffalo their home. The contributors include: Lauren Belfer, Wolf Blitzer, Marv Levy, John Lombardo, Mary Ramsey, Robby Takac, and many more.In the Watershed: A Journey Down the Maumee River
Par Ryan Schnurr. 2017
For several years, Ryan Schnurr watched media coverage of Lake Erie algae blooms with a growing sense of unease. An…
Indiana native, he wanted to learn more about role of the Maumee River in the lake's environmental woes: the Maumee is Lake Erie's largest tributary and the center of the largest watershed in the region, spanning more than 6,600 square miles of land. So in the summer of 2016, Schnurr walked and canoed the length of the river from its headwaters in Fort Wayne, Indiana to its mouth in Toledo, Ohio. In The Watershed: A Journey Down the Maumee River is the story of that voyage. As he walks the banks, Schnurr tells us the history of the river, from its formation by glaciers, function in Native American and American history, uses by industry, and role in current economic and environmental issues. Part cultural history, part nature writing, and part narrative, In the Watershed is a lyrical work of non-fiction in the vein of John McPhee and Ian Frazier with a timely and important warning at the core. "What is happening in Lake Erie," Schnurr tells us, "is a disaster by nearly any measure―ecologically, economically, socially, culturally."The St. Louis Anthology (Belt City Anthologies)
Par Ryan Schuessler. 2019
St. Louis is a fragmented place. It‚Äôs physically dissected by rivers, highways, walls, and fences, but it‚Äôs also a place…
where one’s race, class, religion, and zip code may as well be cards in a rigged poker game, where the winners’ prize is the ability to ignore the fact that the losers have drastically shorter life expectancies. But it can also be a city of warmth, love, and beauty―especially in its contrasts. Edited by Ryan Schuessler (Sweeter Voices Still: An LGBTQ Anthology from Middle America), the collection features nearly 70 essays penned by St. Louis writers, journalists, clerics, poets, and activists including Aisha Sultan, Galen Gritts, Vivian Gibson, Maja Sadikovic, Nartana Premachandra, Sophia Benoit, Robert Langellier, Samuel Autman, Umar Lee, and more.Under Purple Skies: The Minneapolis Anthology (Belt City Anthologies)
Par Frank Bures. 2019
In recent years, Minneapolis has become one of America‚Äôs literary powerhouses. With over fifty poems and essays, Under Purple Skies:…
The Minneapolis Anthology collects some of the most exciting work being done in, or about, Minneapolis and the Twin Cities area, with narrative threads that stretch back not just to Scandinavia, but across the world. Edited by Frank Bures (The Geography of Madness), the writers included here have won, or been shortlisted for, the Newbery Award, the Man Booker Prize, the Pulitzer, the Caldecott Award, the National Book Award, the Minnesota Book Award, and many others.City of Hustle: A Sioux Falls Anthology (Belt City Anthologies)
Par Belt Publishing. 2022
A part of Belt's City Anthology Series, a unique take on the South Dakota town residents call "the Best Little…
City in America." In 1992, Money magazine named Sioux Falls, South Dakota, the best place toThe History of Democracy Has Yet to Be Written: How We Have to Learn to Govern All Over Again
Par Thomas Geoghegan. 2021
"This book made me laugh out loud and also gave me glimpses of an entire horizon of possibility I hadn't…
seen before."--Chris Hayes, host of MSNBC's All In with Chris Hayes End the filibuster. Abolish