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Proportionality in International Humanitarian Law: Refocusing the Balance in Practice
Par Jeroen van den Boogaard. 2023
This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict.…
It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.This book analyses the systematic and procedural issues that are faced by women in the Parliament and brings to light…
the systematic ignorance of certain issues supported by data on the Parliamentary Debates, Question Hours and functioning of Parliamentary Committees. Combining these technical issues with substantive legal arguments in favour of gender mainstreaming, this book acts as a tool of strategic advantage for policymakers, legislators, advocates and researchers. This work unearths not only the problem areas of the research theme, but also dedicates a solution which relies on effective monitoring techniques used globally, specifically to achieve the SDGs in the field of Nutrition, Family Planning and Sexual and Reproductive Health.Künstliche Intelligenz in öffentlichen Verwaltungen: Grundlagen, Chancen, Herausforderungen und Einsatzszenarien (Edition eGov-Campus)
Par Moreen Heine, Anna-Katharina Dhungel, Tim Schrills, Daniel Wessel. 2023
Dieses Buch – eine Open-Access-Publikation mit freiem Online-Zugang – bietet eine verständliche und kompakte Einführung in die Nutzung von KI-Systemen…
in öffentlichen Verwaltungen. Es beantwortet folgende Fragen: Was bedeutet Künstliche Intelligenz? Wie und in welchen Einsatzgebieten können KI-Systeme im öffentlichen Sektor genutzt werden. Welche Erwartungen und Ziele werden mit dem KI-Einsatz verbunden? Welche Probleme werden adressiert? Auch Aspekte der Governance, also Steuerungsfragen, spielen eine Rolle. Ein besonderer Schwerpunkt liegt auf der Betrachtung der Beziehung und Interaktionen zwischen Mensch und KI-System. Dabei wird auch die Erklärbarkeit der Funktionsweise eines KI-Systems erläutert. Die Inhalte sollen Personen in die Lage versetzen, den Einsatz von KI in der öffentlichen Verwaltung differenziert beurteilen zu können.Kenntnisse im Bereich der Informatik werden nicht vorausgesetzt. Nach dem Lesen dieses Buches sind Sie in der Lage,KI-Anwendungsfälle und Potenziale im öffentlichen Sektor zu identifizieren,KI-Methoden im Überblick zu verstehen,Grenzen und Herausforderungen bei der Anwendung im öffentlichen Sektor zu diskutieren undAnforderungen an KI-Anwendungen im öffentlichen Sektor zu erarbeiten.Im Sinne von Offenheit ist dieses Werk eine Open-Access-Publikation mit freiem Online-Zugang.Inklusive kostenlosem Online-Wissens-Quiz mit der Springer Nature Flashcards-App: Der Fragensatz mit 78 Fragen und Antworten in den SN Flashcards beinhaltet Wiederholungs- und Vertiefungsfragen zum Lehrbuch „KI in öffentlichen Verwaltungen“. Die Fragen und Antworten vermitteln spielerisch wichtige Begriffe, Hintergründe und Wissenswertes zum Thema.Faking Liberties: Religious Freedom in American-Occupied Japan (Class 200: New Studies in Religion)
Par Jolyon Baraka Thomas. 2019
Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards…
other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.The central question of the Arab Spring-what democracies should look like in the deeply religious countries of the Middle East-has…
developed into a vigorous debate over these nations' secular identities. But what, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts -the last courts in Egypt to use Shari'a law-Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism's dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.The Making of Lee Boyd Malvo: The D.C. Sniper
Par Carmeta Albarus. 2012
In October of 2002, a series of sniper attacks paralyzed the Washington Beltway, turning normally placid gas stations, parking lots,…
restaurants, and school grounds into chaotic killing fields. After the spree, ten people were dead and several others wounded. The perpetrators were forty-one-year-old John Allen Muhammad and his seventeen-year-old protégé, Lee Boyd Malvo. Called in by the judge to serve on Malvo's defense team, social worker Carmeta Albarus was instructed by the court to uncover any information that might help mitigate the death sentence the teen faced. Albarus met with Malvo numerous times and repeatedly traveled back to his homeland of Jamaica, as well as to Antigua, to interview his parents, family members, teachers, and friends. What she uncovered was the story of a once promising, intelligent young man, whose repeated abuse and abandonment left him detached from his biological parents and desperate for guidance and support. In search of a father figure, Malvo instead found John Muhammad, a veteran of the first Gulf War who intentionally shaped his protégé through a ruthlessly efficient campaign of brainwashing, sniper training, and race hatred, turning the susceptible teen into an angry, raging, and dissociated killer with no empathy for his victims. In this intimate and carefully documented account, Albarus details the nature of Malvo's tragic attachment to his perceived "hero father," his indoctrination, and his subsequent dissociation. She recounts her role in helping to extricate Malvo from the psychological clutches of Muhammad, which led to a dramatic courtroom confrontation with the man who manipulated and exploited him. Psychologist Jonathan H. Mack identifies and analyzes the underlying clinical psychological and behavioral processes that led to Malvo's dissociation and turn toward serial violence. With this tragic tale, the authors emphasize the importance of parental attachment and the need for positive and loving relationships during the critical years of early childhood development. By closely examining the impact of Lee Boyd Malvo's childhood on his later development, they reach out to parents, social workers, and the community for greater awareness and prevention.Kafka's Law: The Trial and American Criminal Justice
Par Robert P. Burns. 2014
The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed…
to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this. ” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the "Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish? With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K. , caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K. , Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological…
puzzles that plague the criminal law. "Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book ReviewPersonal Foul: Coach Joe Moore vs. The University of Notre Dame
Par Richard Lieberman. 2001
It was bad enough when popular offensive line coach Joe Moore sued the University of Notre Dame for age discrimination--but…
matters got much worse when the lawsuit uncovered disquieting evidence of unethical and inappropriate conduct in a football program widely regarded as a model of probity. This is the dramatic story of that explosive lawsuit, which tarnished Notre Dame's burnished football image: the winner of eleven national titles; the home of legends Knute Rockne, the Gipper and the Four Horsemen; the subject of innumerable books and films--Notre Dame football has been idealized as everything that is good and right about American sports competition and, indeed, about America itself. This riveting story begins in November 1996, when Bob Davie is hired as head coach to replace the beloved Lou Holtz. In one of his first-and most fateful-executive decisions, Davie fires 64 year old Joe Moore because--as Davie puts it--he needs someone younger for the job. Attorney Rick Lieberman takes on Joe Moore's case and in this absorbing book he describes the trial and the enormous tensions to which litigants like Joe Moore are subject. This is a David and Goliath story in which the Notre Dame attorneys attempt to destroy Joe Moore's reputation as both a coach and a man. In the process, Davie's own background comes under close scrutiny as a reporter's investigation reveals some damning evidence. And as the trial proceeds, Notre Dame's football program is shown to be rife with legal improprieties and inappropriate behavior involving both coaches and administrators. Anyone interested in sports, in the law, in stories of blatant injustice--and in Notre Dame--will find Personal Foul a fascinating, revealing and memorable read.Prudence Crandall was a schoolteacher who fought to integrate her school in Canterbury, Connecticut, and educate black women in the…
early nineteenth century. When Crandall accepted a black woman as a student, she unleashed a storm of controversy that catapulted her to national notoriety, and drew the attention of the most significant pro- and anti-slavery activists of the day. The Connecticut state legislature passed its infamous Black Law in an attempt to close down her school. Arrested and jailed, Crandall's legal legacy had a lasting impact--Crandall v. State was the first full-throated civil rights case in U.S. history. The arguments by attorneys in Crandall played a role in two of the most fateful Supreme Court decisions, Dred Scott v. Sandford, and the landmark case of Brown v. Board of Education. In Prudence Crandall's Legacy, author and lawyer Donald E. Williams Jr. marshals a wealth of detail concerning the life and work of Prudence Crandall, her unique role in the fight for civil rights, and her influence on legal arguments for equality in America.On February 26, 1946, an African American from Houston applied for admission to the University of Texas School of Law.…
Although he met all of the school's academic qualifications, Heman Marion Sweatt was denied admission because he was black. He challenged the university's decision in court, and the resulting case, Sweatt v. Painter, went to the U. S. Supreme Court, which ruled in Sweatt's favor. The Sweatt case paved the way for the landmark Brown v. Board of Education of Topeka rulings that finally opened the doors to higher education for all African Americans and desegregated public education in the United States. In this engrossing, well-researched book, Gary M. Lavergne tells the fascinating story of Heman Sweatt's struggle for justice and how it became a milestone for the civil rights movement. He reveals that Sweatt was a central player in a master plan conceived by the National Association for the Advancement of Colored People (NAACP) for ending racial segregation in the United States. Lavergne masterfully describes how the NAACP used the Sweatt case to practically invalidate the "separate but equal" doctrine that had undergirded segregated education for decades. He also shows how the Sweatt case advanced the career of Thurgood Marshall, whose advocacy of Sweatt taught him valuable lessons that he used to win the Brown v. Board of Education case in 1954 and ultimately led to his becoming the first black Associate Justice of the Supreme Court.The Connecticut Prison Association and the Search for Reformatory Justice looks at the role the Connecticut Prison Association played in…
the formation of the state’s criminal justice system. Now organized under the name Community Partners in Action (CPA), the Connecticut Prison Association was formed to ameliorate the conditions of criminal defendants and people in prison, improve the discipline and administration of local jails and state prisons, and furnish assistance and encouragement to people returning to their communities after incarceration. The organization took a leading role in prison reform in the state and was instrumental in a number of criminal justice innovations. Gordon S. Bates, former Connecticut Prison Association volunteer and executive director (1980–1998), offers a detailed history of this and similar voluntary associations and their role in fostering a rehabilitative, rather than a retributive, approach to criminal justice. First convened in 1875 as the Friends of Partners of Prisoners Society, then evolving into the Connecticut Prison Association and CPA, the organization has consistently advocated for a humane, rehabilitative approach to prisoner treatment.Enforcement at the EPA: High Stakes and Hard Choices
Par Joel A. Mintz. 2012
The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of…
a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U. S. Department of Justice, and key congressional staff members-along with extensive research among EPA documents and secondary sources-the book vividly recounts the often tumultuous history of EPA's enforcement program. It also analyzes some important questions regarding EPA's institutional relationships and the Agency's working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.The Soul of the First Amendment: Why Freedom of Speech Matters
Par Floyd Abrams. 2017
A lively and controversial overview by the nation’s most celebrated First Amendment lawyer of the unique protections for freedom of…
speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution—the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law
Par Winnifred Fallers Sullivan. 2014
Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership,…
such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.Pulled Over: How Police Stops Define Race and Citizenship (Chicago Series in Law and Society)
Par Steven Maynard-Moody, Charles R. Epp, Donald Haider-Markel. 2014
In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers…
in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as "aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.Slices and Lumps: Division and Aggregation in Law and Life
Par Lee Anne Fennell. 2019
How things are divided up or pieced together matters. Half a bridge is of no use at all. Conversely, many…
things would do more good if they could be divided up differently: Perhaps you would prefer a job that involves a third less work and a third less pay or a car that materializes only when needed and is priced accordingly? Difficulties in “slicing” and “lumping” shape nearly every facet of how we live and work—and a great deal of law and policy as well. Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise. Yet the significance of configuration is often overlooked, leading to missed opportunities for improving our lives. With a technology-fueled entrepreneurial explosion underway that is dividing goods, services, and jobs in novel ways, and as urbanization and environmental threats raise the stakes for assembling resources and cooperation, this is an especially exciting and crucial time to confront questions of slicing and lumping. The future of the city, the workplace, the marketplace, and the environment all turn on matters of configuration, as do the prospects for more effective legal doctrines, for better management of finances and health, and more. This book reveals configuration’s power and potential—as a unifying concept and as a focus of public and private innovation.“Citizenship is salvation,” preached Noble Drew Ali, leader of the Moorish Science Temple of America in the early twentieth century.…
Ali’s message was an aspirational call for black Americans to undertake a struggle for recognition from the state, one that would both ensure protection for all Americans through rights guaranteed by the law and correct the unjust implementation of law that prevailed in the racially segregated United States. Ali and his followers took on this mission of citizenship as a religious calling, working to carve out a place for themselves in American democracy and to bring about a society that lived up to what they considered the sacred purpose of the law. In The Aliites, Spencer Dew traces the history and impact of Ali’s radical fusion of law and faith. Dew uncovers the influence of Ali’s teachings, including the many movements they inspired. As Dew shows, Ali’s teachings demonstrate an implicit yet critical component of the American approach to law: that it should express our highest ideals for society, even if it is rarely perfect in practice. Examining this robustly creative yet largely overlooked lineage of African American religious thought, Dew provides a window onto religion, race, citizenship, and law in America.Nordic Equality and Anti-Discrimination Laws in the Throes of Change: Legal developments in Sweden, Finland, Norway, and Iceland
Par Anne Hellum, Ingunn Ikdahl, Vibeke Blaker Strand, and Eva-Maria Svensson. 2024
The Nordic states were among the first in the world to enact general gender equality and anti-discrimination laws with low…
threshold enforcement mechanisms. Today, the Nordic countries top the World Economic Forum’s Gender Gap Index – but have still not succeeded in closing the gender gap. This book draws a diverse and complex picture of the long, uneven and unfinished process towards substantive equality in four Nordic countries: Sweden, Finland, Norway and Iceland. It presents the Nordic gender equality model’s systematic use of three measures: overarching gender policies, legislation that has an explicit or implicit impact on gender relations and gender equality and anti-discrimination laws with low threshold enforcement systems. What potentials and limitations does the Nordic gender equality and anti-discrimination law regimes have to combat individual discrimination and structural inequality? Can these regimes function as a driver of political, legal, economic, cultural and social change, and as a corrective to laws, policies and practices that uphold existing inequalities, and, if so, to what extent? Can weaknesses in the equality and anti-discrimination laws and the way they are enforced hamper efforts to close remaining gender gaps? Rather than looking at the Nordic gender equality laws and policies in isolation, the book situates their development and transformative potential within a changing European and international political and legal landscape.