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Articles 16261 à 16280 sur 19121
Par Don Brown, Jeff Morris, Craig W. Drummond. 2020
Three real-life accounts of the struggles of American soldiers from the Iraq and Afghanistan battlefields to, in two cases, US…
military tribunals. Legion Rising: Surviving Combat and the Scars It Left Behind by Jeff Morris Follow Jeff through up-close, fast-paced accounts of the thrills and dangers of combat as a Platoon Leader in Iraq. Feel the weight of the gruesome and tragic loss of eight men whose lives were taken in the line of duty. Journey through his battle to face the scars and shadows that followed him long after his time serving in the military was over. Travesty of Justice: The Shocking Prosecution of Lt. Clint Lorance by Don BrownThe Book That Won a Presidential Pardon! On July 2, 2012, three Afghan males crowded on a motorcycle and sped down a Taliban-controlled dirt road toward Lt. Clint Lorance&’s men. In a split-second decision, Lorance ordered his men to fire. When no weapons were found on the Afghan bodies, the Army prosecuted Lorance for murder. &“The most powerful case to date for the exoneration of imprisoned Army Lt. Clint Lorance.&” —Sun-Sentinel Saving Sandoval by Craig W. Drummond While deployed in Iraq, Sandoval, an airborne infantryman and elite sniper, was instructed to &“take the shot&” and kill an enemy insurgent wearing civilian clothes. Two weeks later, Army Criminal Investigation Command descended upon Sandoval&’s unit, trying to link Sandoval and others to war crimes, including murder. &“A revealing, real-life courtroom drama, reminiscent of A Few Good Men.&” —Hunter R. Clark, International Law and Human Rights Program and Drake University Law SchoolPar Burrus M. Carnahan. 2010
In light of recent controversies and legal actions related to America's treatment of enemy prisoners in the Middle East and…
Guantánamo Bay, the regulation of government during wartime has become a volatile issue on the global scene. By today's standards, Lincoln's adherence to the laws of war could be considered questionable, and his critics, past and present, have not hesitated to charge that he was a war criminal. In Lincoln on Trial: Southern Civilians and the Law of War, Burrus M. Carnahan conducts an extensive analysis of Lincoln's leadership throughout the Civil War as he struggled to balance his own humanity against the demands of his generals. Carnahan specifically scrutinizes Lincoln's conduct toward Southerners in light of the international legal standards of his time as the president wrestled with issues that included bombardment of cities, collateral damage to civilians, seizure and destruction of property, forced relocation, and the slaughter of hostages. Carnahan investigates a wide range of historical materials from accounts of the Dahlgren raid to the voices of Southern civilians who bore the brunt of extensive wartime destruction. Through analysis of both historic and modern standards of behavior in times of war, a sobering yet sympathetic portrait of one of America's most revered presidents emerges.Par John Cyril Barton. 2014
“Rich with historical detail . . . examines the figure and theme of the death penalty in imaginative literature from Cooper to…
Dreiser.” —Gregg Crane, Professor of English Language and Literature, University of MichiganDrawing from legal and extralegal discourse but focusing on imaginative literature, Literary Executions examines representations of, responses to, and arguments for and against the death penalty in the United States over the long nineteenth century. John Cyril Barton creates a generative dialogue between artistic relics and legal history. He looks to novels, short stories, poems, and creative nonfiction as well as legislative reports, trial transcripts, legal documents, newspaper and journal articles, treatises, and popular books (like The Record of Crimes, A Defence of Capital Punishment, and The Gallows, the Prison, and the Poor House), all of which were part of the debate over the death penalty.Barton focuses on several canonical figures—James Fenimore Cooper, Nathaniel Hawthorne, Lydia Maria Child, Walt Whitman, Herman Melville, and Theodore Dreiser—and offers new readings of their work in light of the death penalty controversy. Barton also gives close attention to a host of then-popular-but-now-forgotten writers—particularly John Neal, Slidell MacKenzie, William Gilmore Simms, Sylvester Judd, and George Lippard—whose work helped shape or was shaped by the influential anti-gallows movement.By engaging the politics and poetics of capital punishment, Literary Executions contends that the movement to abolish the death penalty in the United States should be seen as an important part of the context that brought about the flowering of the American Renaissance during the antebellum period and that influenced literature later in the nineteenth and early twentieth centuriesThis book offers an in-depth legal analysis concerning the notion of restrictions of competition, be it by object restrictions according…
to Article 101 TFEU or prima facie abusive practices treated according to the form-based approach under Article 102 TFEU. Although extensive research has been conducted on the notion of object infringements of competition, there is no systematic review of this topic covering both competition provisions, namely Articles 101 and 102 TFEU. This book fills that gap by providing an extensive analysis of the relevant case law, while also covering new phenomena stemming from the digital revolution and its impact on the functioning of traditional markets. In this regard, particular attention is paid to the concept of prima facie infringements and the analysis necessary for their successful establishment. Object restrictions and object abuses are not infringements per se in the sense that they can be established in the abstract and without consideration of the actual legal and economic context (context analysis) within which a measure is implemented. Hence, the indispensable context analysis is informed by the potential economic effects of a given measure. Examining the changes regarding the economic reality and how markets work in the digital economy, this book makes a valuable contribution to the current debate about whether our competition law toolkit is fit and proper to deal with the challenges posed by digitalization. The author argues that while there is a coherent framework covering both Treaty competition provisions as regards object restrictions of competition, the increased use of an actual effect analysis and thus the concept of a restriction of competition by effect represents an underestimated (and underused) weapon for combating measures that are ambivalent from a competition law perspective as regards their (anticompetitive or non-detrimental) nature in a digital economy.Par Katrin Blankenburg. 2023
Dieses Buch beschreibt, wie Non-Profit-Organisationen (NPOs) kommunizieren, was sie ausmacht, Erfolg signalisieren und Nachhaltigkeit zeigen, um Stakeholder davon zu überzeugen,…
wichtige Ressourcen bereitzustellen. Einen lohnenswerten Ansatz bieten Berichte zum intellektuellen Kapital. Auf der Grundlage empirischer Untersuchungen zeigt das Buch auf, welche Ressourcen für NPOs unverzichtbar sind, welche Anforderungen an Organisationen gestellt werden und welche Abhängigkeiten zwischen diesen Ressourcen und Anforderungen bestehen. Diese Erkenntnisse helfen gemeinnützigen Organisationen, die notwendigen Informationen bereitzustellen und dabei die Offenlegung auf ein Minimum zu beschränken, um mögliche Wettbewerbsvorteile nicht zu verschenken. Des Weiteren wird der Status quo der Offenlegung von IK in Deutschland dargestellt und ein theoretischer Rahmen für die Motivation von NPOs, Informationen über ihre IK offenzulegen, vorgestellt. Diese Ergebnisse bilden eine solide Grundlage für weitere Forschungen. Schließlich wird ein Rahmen für die Offenlegung von intellektuellem Kapital zur Unterstützung von Praktikern bereitgestellt.Par Claudia Reyes-Quilodrán, Rajendra Baikady. 2023
Social work has long been working directly with the criminal and civil courts of the justice system. The work of…
Latin American practitioners in the legal system, however, is little known at global and local levels. This book is the first to go beyond Western-centric appraisals and presents a truly Latin American portrait of social work in the justice system. The long-term interaction of social work practitioners with the judicial system enabled them to develop an expertise to dialogue with other disciplines such as law and psychology. This knowledge is very important to identify and share with other professionals to develop specialized programs for education and training. In this sense, positive and negative experiences of social work in the justice system allow one to improve its practice. It is crucial to identify local experiences and the great dilemmas that the profession faces on this subject. The volume's chapters deal with these dynamics in Latin American countries including: Forensic Social Work: The construction of possible ways of the criminal intervention Socio-Legal Social Work in the Field of Criminal Defense Family and Community Life: Contributions of Social Work to the Debate in Family Courts Support to Victims in High-conflict Scenarios: An approach from the socio-legal, the pedagogical, and the care perspectives The Assessment of Child and Adolescent Sexual Abuse Allegations from a Social Work Perspective Latin American Social Work in the Justice System is essential reading for students, researchers, academicians, policymakers, and practitioners who are interested in international social work with a special focus on Latin American countries and legal culture. Students and scholars in law, development studies, and public policy as well as psychologists working with and interested in the judicial system would also find this book a useful resource.Dieses Buch bietet eine Untersuchung des Einflusses neoliberaler Denkmuster auf die deutsche Gesundheitspolitik seit 1945. Der Einfluss wird untersucht und…
aufgezeigt am Beispiel der gesetzlichen Krankenversicherung, die von zentraler Bedeutung für das deutsche Gesundheitswesen ist.Das Buch wendet sich an alle Wissenschaftsdisziplinen, die sich mit Gesundheitspolitik und insbesondere Fragen der Ausgestaltung der gesetzlichen Krankenversicherung befassen. Darüber hinaus bietet es auch Akteuren der Gesundheitspolitik vielfältiges Material und Hintergrundwissen über die historische Entwicklung der Gesundheitspolitik und zentrale Fragen der Ausgestaltung der gesetzlichen Krankenversicherung.Mit seinem Erscheinen in der Reihe „Gesundheit. Politik-Gesellschaft-Wirtschaft“ (hrsg. von E.-W. Luthe und J.N. Weatherly) steht das Buch für die wachsende Erkenntnis, Gesundheitspolitik als interdisziplinäre Aufgabe zu betrachten.Macroprudential policy (MPP) has been one of the major initiatives in the post-2008 crisis restructuring of financial regulation. Under the…
macroprudential mandate, the regulator monitors and judiciously controls systemic risk in the financial system, in an attempt to minimise the probability and severity of a future financial crisis. The book reveals why MPP authorities are rightfully at the centre of a highly sensitive policy debate, as MPP necessitates the allocation of significant regulatory power to technocrats, while the highly technical nature of MPP makes policy evaluation challenging. Specific issues examined include: the importance of financial stability as a public policy goal; the political economy issues stemming from the delegation of MPP to an independent authority; and the definition of accountability in the context of MPP. Focusing on a case study on the Financial Policy Committee of the Bank of England, the macroprudential authority in the UK, the book develops the normative grounds to justify the need for accountability in the conduct of MPP, while also formulating the necessary institutional framework to ensure the accountability of MPP authorities.Par Luana Ross. 1998
In this pathfinding study, Ross draws upon the life histories of imprisoned Native American women to demonstrate how race/ethnicity, gender,…
and class contribute to the criminalizing of various behaviors and subsequent incarceration rates. Drawing on the Native women's own words, she reveals the violence in their lives prior to incarceration, their respective responses to it, and how those responses affect their eventual criminalization and imprisonment. Comparisons with the experiences of white women in the same prison underline the significant role of race in determining women's experiences within the criminal justice system.Par Tom Ginsburg, Aziz Z. Huq. 2018
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of…
democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.Par Lawrence Cappello. 2019
You can hardly pass through customs at an airport today without having your picture taken and your fingertips scanned, that…
information then stored in an archive you’ll never see. Nor can you use your home’s smart technology without wondering what, exactly, that technology might do with all you’ve shared with it: shopping habits, security decisions, media choices. Every day, Americans surrender their private information to entities that claim to have their best interests in mind, in exchange for a promise of safety or convenience. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As Lawrence Cappello’s None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don’t want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Cappello shows that this state of affairs was not the inevitable by-product of technological progress. He targets key moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we’ve squandered them every time. The wide range of the debates and incidents presented here shows that, despite America’s endless rhetoric of individual freedom, we actually have some of the weakest privacy protections in the developed world. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.Par Eithne Luibheid. 2002
Lesbians, prostitutes, women likely to have sex across racial lines, "brought to the United States for immoral purposes, " or…
"arriving in a state of pregnancy" -- national threats, one and all. Since the late nineteenth century, immigrant women's sexuality has been viewed as a threat to national security, to be contained through strict border-monitoring practices. By scrutinizing this policy, its origins, and its application, Eithne Luibheid shows how the U.S. border became a site not just for controlling female sexuality but also for contesting, constructing, and renegotiating sexual identity.Initially targeting Chinese women, immigration control based on sexuality rapidly expanded to encompass every woman who sought entry to the United States. The particular cases Luibheid examines -- efforts to differentiate Chinese prostitutes from wives, the 1920s exclusion of Japanese wives to reduce the Japanese-American birthrate, the deportation of a Mexican woman on charges of lesbianism, the role of rape in mediating women's border crossings today -- challenges conventional accounts that attribute exclusion solely to prejudice or lack of information. This innovative work clearly links sexuality-based immigration exclusion to a dominant nationalism premised on sexual, gender, racial, and class hierarchies.Par Patrick Wengler. 2023
This book makes an important contribution to police scholarship by focusing on the critical need for law enforcement personnel to…
receive education on chemical/biological/radiological/nuclear (CBRN) hazards. Under the CBRN umbrella are chemical warfare agents, toxic industrial chemicals, biologically derived toxins, radiological particulate hazards, and other agents, any of which have the potential to inflict bodily harm, incapacitation, or death. Such weapons have been a part of human history for centuries, starting with biological warfare, later shifting over to chemical warfare, and in the last century, radiological and nuclear warfare. The greater availability and accessibility of such materials necessitates that first response and investigation is no longer limited to the military but is required of police forces reacting to incidents in the community, whether acts of terrorism, traffic accidents, or standard industrial incidents. In this book it is argued that basic knowledge of CBRN is essential for police officers at all levels to assess and protect crime scenes, as well as to investigate cases involving CBRN materials. The author uses case studies and technical education to instruct police on how and when CBRN agents can be used maliciously, and the best methods for identifying, analysing, monitoring, and investigating related incidents. The text makes a clear case for integrating CBRN studies into police education so that first responders are enabled to assess incidents and share information with emergency management and other services to determine the most effective equipment and personnel to deploy. This book is essential for police educators and trainers in both universities and police academies, those administering or engaged in in-service police training, and scholars studying policing, criminal justice, and terrorism.Par Antoni Abat i Ninet. 2023
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects…
of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.Par Faruk Kerem Giray, Henning Glaser, Sri Endah Wahyuningsih. 2023
This is an open access book. In the era of globalization and economic liberalization, the free trade applies and begins…
to be implemented, such as the Asian Economic Community (AEC), the inflow and outflow of food, beverage, drug and cosmetic products circulating in the world community is increasing rapidly. Indeed, the halal products circulated and traded cannot be confirmed so that they do not give a sense of peace, security, comfort, and are suitable for consumption by Muslim consumers.The circulation of various products on the market, both in the form of finished products and raw materials, especially those sourced from animals, either directly or derived from animals, has made it difficult for the Muslim community to trace the halalness of a product. People are also weak in understanding the ingredients and the production process of a food product. Thus, efforts to provide consumer protection, especially Muslim consumers, are very important and urgent. Therefore, it is the duty of the state to protect its citizens, according to the mandate of the constitution above. With this condition, the need for halal certification is getting stronger considering that Muslim consumers are increasingly critical and need certainty of the halalness of the food products they consume, both in terms of materials and production processes to packaging and distribution.For this reason, halal certification of food, beverage, drug and cosmetic products is very important. Halal certification is a necessity to provide certainty about the halalness of a product so that the rights and interests of Muslim consumers to carry out their religious sharia not to consume non-halal products will be guaranteed. This regulation on the protection of Muslim consumer rights has also been mandated in Law Number 18 of 2012 concerning Food. Furthermore, food safety, quality, nutrition and halal are the rights of Muslim consumers which are protected by law and become a government program in food development to meet the most important basic human needs and their fulfillment is part of the human rights of every Indonesian people.Par Maja Sahadžic, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes. 2023
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between…
contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.Par Christopher D. Berk. 2023
Who ought to govern those held in custody, and by what right? Democracy in Captivity examines various efforts to answer…
these questions, centering on two case studies at custodial institutions: the rise and demise of patient self-governance at St. Elizabeths Hospital in Washington, DC, between 1947 and 1965 and the prisoner-organized governance of Massachusetts's Walpole State Prison following a 1973 prison-guard strike. As Christopher D. Berk shows, the promise of these initiatives was tempered by the custodians' backlash to their wards' attempts at self-rule. This backlash arrived not only in the blunt forms of restraint chairs, riot gear, and a surgeon's scalpel but also as more covert measures taken under the cover of so-called democratic management—which in turn entrenched disenfranchisement and naturalized authoritarian rule. Turning from these case studies to a wider consideration of custody and democracy, Berk explores pathologies that have captured the politics of punishment, with pressing implications for the practice of democracy both inside and outside custodial institutions.Par Christel Querton. 2023
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the…
context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.Par Christoph Müller. 2023
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale,…
the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.Par Wanhong Zhang, Elisabeth Perioli Bjørnstøl, Peng Ding, Wei Gao, Hanxu Liu and Yijun Liu. 2024
This book introduces experiential knowledge of the intersectionality of disability, sexuality, and gender equality issues. Scholars and disabled persons’ organizations…
in different Asian countries such as China, Vietnam, Myanmar, Nepal, and Japan have contributed to the book. It is a preliminary introduction of the frontline practice of Asian disability activism and the experience of women and LGBTIQ people with disabilities. It presents the direct participation of disability advocates in mapping how both women with disabilities and LGBTIQ individuals with disabilities realize their rights such as identity, work rights, personal safety, and sexual rights. Studies presented here explore the experience of empowering diverse disability groups and advocating for equality and non-discrimination. It explains how to use the leverage of the Convention on the Rights of Persons with Disabilities (CRPD) for further human rights campaigns in a broader context for disadvantaged groups. This collection is the product of a participatory research project, which aims to increase the capabilities of local disabled persons’ organizations and NGOs in utilizing human rights laws and encourage dialogue and collaboration between academia, people with disabilities, and human rights advocates. It will be essential reading for academics, researchers, policy-makers, and campaign groups.