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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.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.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.Indigenous Peoples and Borders
Par Sheryl Lightfoot and Elsa Stamatopoulou. 2024
The legacies of borders are far-reaching for Indigenous Peoples. This collection offers new ways of understanding borders by departing from…
statist approaches to territoriality. Bringing together the fields of border studies, human rights, international relations, and Indigenous studies, it features a wide range of voices from across academia, public policy, and civil society. The contributors explore the profound and varying impacts of borders on Indigenous Peoples around the world and the ways borders are challenged and worked around. From Bangladesh’s colonially imposed militarized borders to resource extraction in the Russian Arctic and along the Colombia-Ecuador border to the transportation of toxic pesticides from the United States to Mexico, the chapters examine sovereignty, power, and obstructions to Indigenous rights and self-determination as well as globalization and the economic impacts of borders. Indigenous Peoples and Borders proposes future action that is informed by Indigenous Peoples’ voices, needs, and advocacy.Contributors. Tone Bleie, Andrea Carmen, Jacqueline Gillis, Rauna Kuokkanen, Elifuraha Laltaika, Sheryl Lightfoot, David Bruce MacDonald, Toa Elisa Maldonado Ruiz, Binalakshmi “Bina” Nepram, Melissa Z. Patel, Manoel B. do Prado Junior, Hana Shams Ahmed, Elsa Stamatopoulou, Liubov Suliandziga, Rodion Sulyandziga, Yifat Susskind, Erika M. YamadaSexual Diversity and the Sochi 2014 Olympics: No More Rainbows
Par Helen Jefferson Lenskyj. 2014
This book examines Russia's 2013 anti-gay laws and their implications for the Sochi 2014 Olympics. Lenskyj argues that Putin's Russia…
and the International Olympic Committee wield power in similar ways, as evident in undemocratic governance, fraudulent voting processes, hypocrisy and absence of accountability.Who Owns This Sentence?: A History of Copyrights and Wrongs
Par Alexandre Montagu, David Bellos. 2024
Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of…
your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs and cuddly toys are now deemed to be intellectual properties - making copyright a labyrinthine construction of laws, covering almost all products of human creativity.Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. But a handful of little-noticed changes in the late twentieth century concentrated ownership of immaterial goods into very few hands. Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.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.Hidden in Plain Sight
Par Peter J. Wallison. 2015
The 2008 financial crisis-like the Great Depression-was a world-historical event. What caused it will be debated for years, if not…
generations. The conventional narrative is that the financial crisis was caused by Wall Street greed and insufficient regulation of the financial system. That narrative produced the Dodd-Frank Act, the most comprehensive financial-system regulation since the New Deal. There is evidence, however, that the Dodd-Frank Act has slowed the recovery from the recession. If insufficient regulation caused the financial crisis, then the Dodd-Frank Act will never be modified or repealed; proponents will argue that doing so will cause another crisis.A competing narrative about what caused the financial crisis has received little attention. This view, which is accepted by almost all Republicans in Congress and most conservatives, contends that the crisis was caused by government housing policies. This book extensively documents this view. For example, it shows that in June 2008, before the crisis, 56 percent of all US mortgages were subprime or otherwise low-quality. Of these, 76 percent were on the books of government agencies such as Fannie Mae and Freddie Mac. When these mortgages defaulted in 2007 and 2008, they drove down housing prices and weakened banks and other mortgage holders, causing the crisis.After this book is published, no one will be able to claim that the financial crisis was caused by insufficient regulation, or defend Dodd-Frank, without coming to terms with the data this book contains.The Shooter at Midnight: Murder, Corruption, and a Farming Town Divided
Par Sean Patrick Cooper. 2024
The harrowing true story of a cold-blooded murder and the campaign to bring justice to a suffering Midwestern townOn a…
November night in 1990, Cathy Robertson is murdered in her home outside Chillicothe, Missouri. After law enforcement conduct a haphazard investigation, the sheriff&’s office puts the case in the hands of a Kansas City private eye with his own agenda. In a close-knit town still reeling from the aftereffects of the farming crisis, friends and neighbors abruptly fracture into opposing camps. Mark Woodworth, a Robertson family neighbor, eventually receives four life sentences for a crime that a growing group of local supporters believe he didn&’t commit.In a surprising, dramatic narrative that spans decades, Mark&’s family turns to Robert Ramsey, an attorney willing to take on a corrupt political machine suppressing the truth. But the community&’s way of life is irrevocably damaged by the parallel tragedies of the farming crisis and Cathy&’s unsolved murder, in a gripping story about the fault-lines of a fracturing America that continue to cut across the farm belt today.Procreative Rights in International Law: Insights from the European Court of Human Rights
Par Null Carmen Draghici. 2024
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They…
include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.This book constitutes the refereed proceedings of the 15th International Workshop on Constructive Side-Channel Analysis and Secure Design, COSADE 2024,…
held in Gardanne, France, during April 9–10, 2024. The 14 full papers included in this book were carefully reviewed and selected from 42 submissions. They were organized in topical sections as follows: Analyses and Tools; Attack Methods; Deep-Learning-Based Side-Channel Attacks; PUF/RNG; and Cryptographic Implementations.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.