Jurisprudence and general issues Books

Book SynopsisHow should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.Trade Review"A long overdue contribution to the study of twentieth century state and constitutional theory, The Legacy of Pluralism brings the important works of Santi Romano and Costantino Mortati into conversation with Carl Schmitt's better known jurisprudence. An indispensable book for legal and political theorists seeking to reconceptualize law beyond the decisive/norm divide in subnational and transnational contexts."—John P. McCormick, University of Chicago"At a time when constitutional and legal theory reflect the crisis of liberal democracy, this highly illuminating book reflects on the attempts by Santi Romano and Mortati to provide theories of public law that take account of the material basis of constitutions, the forces that lead to pluralism, and the place of politics in the legal order."—David Dyzenhaus, University of Toronto"This fascinating analysis of the work of three eminent jurists of the early twentieth century offers a unique perspective on the relation between law and politics. An instructive and compelling read on the challenges of pluralism to the unity of the state."—Lea Ypi, The London School of Economics and Political Science"[I]f we are witnessing the luxuriance of drives and debates that stress complexity rather than uniformity, claims for processes of autonomy and recognition of what is particular in the social fabric as opposed to a pretentious monolithism, the cause of this lies precisely in the crisis of a political paradigm that finds its fulcrum and raison d'être in sovereignty. This is exactly where Croce and Goldoni's text fits in, and it does so by proposing in backlight two uncomfortable but necessary questions. The first one: what are we talking about when we talk about 'pluralism'? And the second, consequently: how is it possible to rethink a unity in a structurally plural way?"—Alvise Capria, UniversaTable of ContentsIntroduction 1. Legal Theory as a Discipline and the Trouble with Pluralism 2. Santi Romano and the Juristic Point of View 3. Carl Schmitt and the Concrete Order 4. Costantino Mortati and the Material Constitution 5. Pluralism and Order: Two Interpretative Axes Conclusion

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Book SynopsisA Violent Peace offers a radical account of the United States' transformation into a total-war state. As the Cold War turned hot in the Pacific, antifascist critique disclosed a continuity between U.S. police actions in Asia and a rising police state at home. Writers including James Baldwin, Ralph Ellison, and W.E.B. Du Bois discerned in domestic strategies to quell racial protests the same counterintelligence logic structuring America's devastating wars in Asia. Examining U.S. militarism's centrality to the Cold War cultural imagination, Christine Hong assembles a transpacific archive—placing war writings, visual renderings of the American concentration camp, Japanese accounts of the atomic bombing of Hiroshima, black radical human rights petitions, Korean War–era G.I. photographs, Filipino novels on guerrilla resistance, and Marshallese critiques of U.S. human radiation experiments alongside government documents. By making visible the way the U.S. war machine waged informal wars abroad and at home, this archive reveals how the so-called Pax Americana laid the grounds for solidarity—imagining collective futures beyond the stranglehold of U.S. militarism.Trade Review"A Violent Peace is a tour de force, a brilliant rebuttal to the myth of America as defender of human rights abroad and racial justice at home. Christine Hong demonstrates how radical black and Asian intellectuals' penetrating critiques represent the real democratizing project. Beautifully written and persuasively argued, this book is a seismic shift in Cold War cultural history and our geopolitical imagination."—Robin D. G. Kelley, University of California, Los Angeles"Bursting with brilliance, clarity, and insight, this stunningly original and expansive work excavates the cross-racial, transnational origins of today's militarized modernity. Christine Hong unearths the hidden linkages between race, capital, and occupation in making our postwar global order and points us to alternative conceptions of community and solidarity that defy the borders of modern sovereignty. This book is a game-changer."—Chandan Reddy, University of Washington"Though grounded in Asian American studies, A Violent Peace makes powerful contributions to several other fields such as Cold War studies, African American literature and politics, discourses of militarization and securitization, global theories of race as well as literary and cultural studies broadly."—Bhakti Shringarpure, American Literary History"Hong's work is honest, necessary, and generative in its political vision.A Violent Peaceoffers a crucial set of arguments that will help us to navigate the ruins of the world that US hegemony built and work toward collectively creating a new one." A. J. Yumi Lee, Contemporary Literature"A Violent Peaceprovides a crucial connection between US foreign wars in East Asia and harsh domestic suppression working in tandem to gain total control."—Xiaobing Li, Journal of Asian Studies"Hong's work as a whole is an important contribution to the history of post-war US that recenters racialized humanity to illustrate the military-imperial violence that minimized the structures in which race was targeted, captured, and mobilized."—Annie Hui, Lateral"Viewing the culture of democratization in the post-1945 world order through the lens of US militarism, Christine Hong'sA Violent Peaceoffers the opportunity to survey some of the intellectual currents behind the revival of scholarly interest in the Korean War among literary and cultural critics."—Jeehyun Lim, Journal of American Studies"With great eloquence, [Hong] draws insightful connections between race, class, and power, while vividly demonstrating how the expansion of U.S. power into the Asia-Pacific in the postwar era has led to the world we live in today. Deeply considered and thought-provoking,A Violent Peaceis essential to understanding our current predicament.—Gregory Erlich, CounterPunch"Christine Hong's... shattering, academic analysis,A Violent Peace: Race, U.S. Militarism, and Cultures of Democratization in Cold War Asia and the Pacific, provides a people's perspective on the traumas wrought by the U.S. geosecurity structure that has lorded over the region since World War II."—Koohan Paik, The Hawaii Independent"In encouraging scholars to consider the co-constitution of postwar racial liberalism and Cold War imperialism, [A Violent Peace marks] a timely intervention in an urgent political context."—Mark Tseng-Putterman, American QuarterlyTable of ContentsIntroduction 1. "Democracy within the Teeth of Fascism": The Black POW and the Invisible War at Home in Ralph Ellison's War Writings 2. Revolution from Above: Ōe Kenzaburō, the Black Airman, and Occupied Japan 3. A Blueprint for Occupied Japan: Miné Okubo and the American Concentration Camp 4. Possessive Investment in Ruin: The Target, the Proving Ground, and the U.S. War Machine in the Nuclear Pacific 5. People's War, People's Democracy, People's Epic: Carlos Bulosan, U.S. Counterintelligence, and Cold War Unreliable Narration 6. The Enemy at Home: Urban Warfare and the Russell Tribunal on Vietnam 7. Militarized Queerness: Racial Masking and the Korean War Mascot

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Book SynopsisTwenty to forty percent of the US prison population will spend time in restricted housing units—or solitary confinement. These separate units within prisons have enhanced security measures, and thousands of staff control and monitor the residents. Though commonly assumed to be punishment for only the most dangerous behaviors, in reality, these units may also be used in response to minor infractions. In Surviving Solitary, Danielle S. Rudes offers an unprecedented look inside RHUs—and a resounding call to more vigorously confront the intentions and realities of these structures. As the narratives unfold we witness the slow and systematic damage the RHUs inflict upon those living and working inside, through increased risk, arbitrary rules, and strained or absent social interactions. Rudes makes the case that we must prioritize improvement over harm. Residents uniformly call for more humane and dignified treatment. Staff yearn for more expansive control. But, as Rudes shows, there also remains fierce resilience among residents and staff and across the communities they forge—and a perpetual hope that they may have a different future. Trade Review"In this landmark study, Rudes shines an essential light on the lives of prisoners and workers in these facilities. It is essential reading that should make an impact well beyond academic criminology."—Shadd Maruna, Queen's University Belfast"This important, insightful book treats the people in RHUs with deep respect, and it tells their story with honesty and power. Rudes has provided an always eloquent, admirably fair, and sometimes shocking portrayal of what our incarceration policies have given us. Many readers will think we should end the practice; those who do not will find a persuasive set of ideas about how to make the RHU world better for those we kept there and for their keepers."—Todd Clear, Rutgers University Law School"Thoughtful and nuanced, this book is pathbreaking for its sensitive portrayal of residents and staff in RHUs. Books this timely, relevant, and important are all too rare."—Chris Uggen, University of Minnesota"Rudes, two colleagues, and more than a score of undergraduate, graduate, and scholarly researchers offer a brilliant 'behind the walls' ethnographic study of incarcerated persons and security staffs.... The result is an exceptionally candid, far-ranging articulation of issues.... Highly recommended."—R. D. McCrie, CHOICE

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Book SynopsisTwenty to forty percent of the US prison population will spend time in restricted housing units—or solitary confinement. These separate units within prisons have enhanced security measures, and thousands of staff control and monitor the residents. Though commonly assumed to be punishment for only the most dangerous behaviors, in reality, these units may also be used in response to minor infractions. In Surviving Solitary, Danielle S. Rudes offers an unprecedented look inside RHUs—and a resounding call to more vigorously confront the intentions and realities of these structures. As the narratives unfold we witness the slow and systematic damage the RHUs inflict upon those living and working inside, through increased risk, arbitrary rules, and strained or absent social interactions. Rudes makes the case that we must prioritize improvement over harm. Residents uniformly call for more humane and dignified treatment. Staff yearn for more expansive control. But, as Rudes shows, there also remains fierce resilience among residents and staff and across the communities they forge—and a perpetual hope that they may have a different future. Trade Review"In this landmark study, Rudes shines an essential light on the lives of prisoners and workers in these facilities. It is essential reading that should make an impact well beyond academic criminology."—Shadd Maruna, Queen's University Belfast"This important, insightful book treats the people in RHUs with deep respect, and it tells their story with honesty and power. Rudes has provided an always eloquent, admirably fair, and sometimes shocking portrayal of what our incarceration policies have given us. Many readers will think we should end the practice; those who do not will find a persuasive set of ideas about how to make the RHU world better for those we kept there and for their keepers."—Todd Clear, Rutgers University Law School"Thoughtful and nuanced, this book is pathbreaking for its sensitive portrayal of residents and staff in RHUs. Books this timely, relevant, and important are all too rare."—Chris Uggen, University of Minnesota"Rudes, two colleagues, and more than a score of undergraduate, graduate, and scholarly researchers offer a brilliant 'behind the walls' ethnographic study of incarcerated persons and security staffs.... The result is an exceptionally candid, far-ranging articulation of issues.... Highly recommended."—R. D. McCrie, CHOICE

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Book SynopsisIn his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today''s information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures

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Book SynopsisIt is a simple story. A 37-year-old man belonging to the Traveller community is shot dead by a special unit of the French police on the family farm where he was hiding since he failed to return to prison after temporary release. The officers claim self-defense. The relatives, present at the scene, contest that claim. A case is opened, and it concludes with a dismissal that is upheld on appeal. Dismayed by these decisions, the family continues the struggle for truth and justice. Giving each account of the event the same credit, Didier Fassin conducts a counter-investigation, based on the re-examination of all the available details and on the interviews of its protagonists. A critical reflection on the work of police forces, the functioning of the justice system, and the conditions that make such tragedies possible and seldom punished, Death of a Traveller is also an attempt to restore to these marginalized communities what they are usually denied: respectability.Trade Review“Fassin, a sociologist and anthropologist, aims to supplement the approaches of activists and of the justice system in confronting police violence, and scrutinizes the evidence with an emphasis on its socioeconomic context. To do otherwise, he argues, impedes both truth and human dignity.”The New Yorker “In seeking to do justice to yet another young life, another racialized suspect, snuffed out in the name of public order, Fassin provides a stunning indictment of a new moral economy: a culture of institutional duplicity that allows police to get away with murder.”Jean Comaroff, Harvard University “How can an account of a controversial killing do justice to it sociologically and according to the laws of the land, and at the same time politically and humanely? This is the multifaceted conundrum addressed by this beautifully written and meticulously crafted book. A riveting must-read for all those concerned by the broader meaning of death at the hands of the police, in France and in other countries.”Dame Caroline Humphrey, University of CambridgeTable of ContentsAcknowledgments A Simple Story. Preface to the English Edition Terminological Note Preamble Prologue I. The Father II. The First Officer III. The Mother IV. The Second Officer V. The Doctor VI. The Sister VII. The Prosecutor VIII. The Journalist IX. Dignity X. Campaign XI. Mourning XII. Biography XIII. Investigation XIV. Dismissal XV. Truth XVI. Lies XVII. Reconstruction XVIII. That Day Epilogue

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Book SynopsisA guide to the colonization and projected decolonization of Native America In The Colonial Construction of Indian Country, Eric Cheyfitz mounts a pointed historical critique of colonialism through careful analysis of the dialogue between Native American literatures and federal Indian law. Illuminating how these literatures indict colonial practices, he argues that if the decolonization of Indian country is to be achieved, then federal Indian law must be erased and replaced with independent Native nation sovereignty—because subordinate sovereignty, the historical regime, is not sovereignty at all. At the same time, Cheyfitz argues that Native American literatures, specifically U.S. American Indian literatures, cannot be fully understood without a knowledge of U.S. federal Indian law: the matrix of colonialism in Indian country. Providing intersectional readings of a range of literary and legal texts, he discusses such authors as Louise Erdrich, Frances Washburn, James Welch, Gerald Vizenor, Simon Ortiz, Leslie Marmon Silko, and others. Cheyfitz examines how American Indian writers and critics have responded to the impact of law on Native life, revealing recent trends in Native writing that build upon traditional modes of storytelling and governance. With a focus on resistance to the colonial regime of federal Indian law, The Colonial Construction of Indian Country not only elucidates how Native American literatures and federal Indian law are each crucial to any reading of the other, it also guides readers to better understand the genocidal assault on Indigenous peoples by Western structures of literacy, politics, and law. Trade Review "Through masterful readings, Eric Cheyfitz convincingly argues for federal Indian law as a necessary framework for understanding the political force of Native American literatures and their engagement with urgent issues such as land rights, sovereignty, and identity. A deeply informed and illuminating study, The Colonial Construction of Indian Country is essential reading for anyone interested in the connection between literature and society and the nature of Native resistance to ongoing settler colonialism."—Shari Huhndorf, University of California, Berkeley "Eric Cheyfitz masterfully exposes the imbrication of Native American literatures and federal Indian law. In the process, he reveals not only the jurispathic nature of federal law in the lives of Native peoples but also the truth in the jurisgenerative power of storytelling. In the words of the Acoma Pueblo poet, Simon J. Ortiz, ‘because of the insistence to keep telling and creating stories, Indian life continues, and it is this resistance against loss that has made life possible.’"—N. Bruce Duthu, author of Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism

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Book SynopsisA guide to the colonization and projected decolonization of Native America In The Colonial Construction of Indian Country, Eric Cheyfitz mounts a pointed historical critique of colonialism through careful analysis of the dialogue between Native American literatures and federal Indian law. Illuminating how these literatures indict colonial practices, he argues that if the decolonization of Indian country is to be achieved, then federal Indian law must be erased and replaced with independent Native nation sovereignty—because subordinate sovereignty, the historical regime, is not sovereignty at all. At the same time, Cheyfitz argues that Native American literatures, specifically U.S. American Indian literatures, cannot be fully understood without a knowledge of U.S. federal Indian law: the matrix of colonialism in Indian country. Providing intersectional readings of a range of literary and legal texts, he discusses such authors as Louise Erdrich, Frances Washburn, James Welch, Gerald Vizenor, Simon Ortiz, Leslie Marmon Silko, and others. Cheyfitz examines how American Indian writers and critics have responded to the impact of law on Native life, revealing recent trends in Native writing that build upon traditional modes of storytelling and governance. With a focus on resistance to the colonial regime of federal Indian law, The Colonial Construction of Indian Country not only elucidates how Native American literatures and federal Indian law are each crucial to any reading of the other, it also guides readers to better understand the genocidal assault on Indigenous peoples by Western structures of literacy, politics, and law. Trade Review "Through masterful readings, Eric Cheyfitz convincingly argues for federal Indian law as a necessary framework for understanding the political force of Native American literatures and their engagement with urgent issues such as land rights, sovereignty, and identity. A deeply informed and illuminating study, The Colonial Construction of Indian Country is essential reading for anyone interested in the connection between literature and society and the nature of Native resistance to ongoing settler colonialism."—Shari Huhndorf, University of California, Berkeley "Eric Cheyfitz masterfully exposes the imbrication of Native American literatures and federal Indian law. In the process, he reveals not only the jurispathic nature of federal law in the lives of Native peoples but also the truth in the jurisgenerative power of storytelling. In the words of the Acoma Pueblo poet, Simon J. Ortiz, ‘because of the insistence to keep telling and creating stories, Indian life continues, and it is this resistance against loss that has made life possible.’"—N. Bruce Duthu, author of Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism

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Book SynopsisA critical survey of a number of philosophical approaches to law and judicial decision-makingTrade Review"A comprehensive assessment of traditional and contemporary legal thought, Mr. Belliotti's defense of 'critical pragmatism' is a significant contribution to the literature. This book takes on all the leading theories and takes them on seriously. It is one of the most ambitious and satisfying efforts in print at mediating the seemingly irreconcilable tensions between law's mainstream liberal analysts and its leftist critics."—Anita L. Allen, Professor of Law, Georgetown University Law Center"The author brings a critical intelligence and a very impressive scholarship to traditional issues in law. The strength that jumps from the page is a very well informed contemporary reading that avoids clichés and the limits of much contemporary analysis."—John Brigham, University of Massachusetts, Amherst, and author of The Cult of the Court (Temple)"[A]n excellent survey and analysis of major theories in the philosophy of law. The book features intelligent discussions of such diverse approaches as natural law theory, legal positivism, law and economics, feminist jurisprudence, and Critical Legal Studies. Justifying Law is full of insight, clear reasoning, and common sense.... The wide-ranging examination reveals Belliotti's substantial scholarship and keen intelligence.... Through his presentation and commentary on several philosophies of law and individual legal theorists, Belliotti has enriched and advanced jurisprudential dialogue and inquiry."—Journal of Value InquiryTable of ContentsAcknowledgments Introduction: The Terms of the Debate: Legal Formalism and Legal Realism Part I: The Core of Law: Analytic Jurisprudence 1. The Immanent Moral Order and Law's Objectivity: Natural Law 2. The Quest for Rigor: Legal Positivism 3. The Right Answer Thesis: Ronald Dworkin's Legal Idealism 4. Quantitative Analysis and Circular Apologetics: Law and Economics 5. Reconceiving Rational Constraints: The Interpretivist Turn Part II: What's Left of Law? Challenging Law's Pretensions 6. Historical Necessity and Radical Contingency: Marxist Jurisprudence 7. The Fundamental Contradiction and Nihilism: Critical Legal Studies 8. In Search of Dialogue: Feminism Unmodified Part III: Law's Aspirations and Philosophical Method: Promises, Impasses, and New Directions 9. A Dialogue Between Mainstream Methods and the New Guard: Is There Any Hope? 10. Critical Pragmatism: Pluralism, Justification, and Law's Directive Power Notes Index

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Book SynopsisIts opponents call it part of \u0022the lunatic fringe,\u0022 a justification for \u0022black separateness,\u0022 \u0022the most embarrassing trend in American publishing.\u0022 \u0022It\u0022 is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion-so obvious to some, so unthinkable to others-has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory-all original-address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.Trade Review"The book will appeal to race and legal scholars in the US as well as in the UK. The breadth of topics and methodologies covered within the volume is certainly impressive and the teaming of chapters from established academics with younger scholars give the book a fresh approach to the study of critical race theory." -The Journal of Ethnic and Racial Studies "The book is a must-read for those who are interested in the genesis of CRT [Critical Race Theory], in how CRT positions itself against other legal discourses, and in the current debates within the CRT literature." -Yale Law Journal "The essays are a snapshot of a sprawling, unruly, and sometimes fractious field. Meant to evaluate the first ten years of critical race theory's development, the book truly captures a discipline at the crossroads, struggling with how to define its substantive mission, methodological commitments, and connection to a world outside the academy." -Stanford Law ReviewTable of ContentsForeword: Who Are We? And Why Are We Here? Doing Critical Race Theory in Hard Times - Charles R. Lawrence III Introduction: Battles Waged, Won, and Lost: Critical Race Theory at the Turn of the Millennium - Francisco Valdes, Jerome McCristal Culp, and Angela P. Harris Part I: Histories 1. The First Decade: Critical Reflections, or "A Foot In the Closing Door" - Kimberle Williams Crenshaw 2. Historicizing Critical Race Theory's Cutting Edge: Key Movements that Performed the Theory - Sumi Cho and Robert Westley 3. Keeping It Real: On Anti-"Essentialism" - Catharine A. MacKinnon Part II: Crossroads Section A: Race Critiquing "Race' and Its Uses: Critical Race Theory's Uncompleted Argument - Robert S. Chang 4. The Poetics of Colorlined Space - Anthony Paul Farley 5. Un-Natural Things: Constructions of Race, Gender, and Disability - Robert L. Hayman, Jr., and Nancy Levit 6. Race and the Immigration Laws: The Need for Critical Inquiry - Kevin R. Johnson 7. "Simple Logic": Race, the Identity Documents Rule, and the Story of a Nation Besieged and Betrayed - Sherene H. Razack 8. Straight Out of the Closet: Race, Gender, and Sexual Orientation - Devon W. Carbado Section B: Narrativity Celebrating Racialized Legal Narratives - Margaret E. Montoya 9. The Unbearable Whiteness of Being - Thomas Ross 10. Construction Project: Color Me Queer + Color Me Family = Camilo's Story - Victoria Ortiz and Jennifer Elrod 11. On Being Homeless: One Aboriginal Woman's "Conquest" of Canadian Universities - 1989-98 - Patricia Monture-Angus 12. Dinner and Self-Determination - Henry J. Richardson III Section C: Globalization Critical Race Theory in Global Context - Celina Romany 13. Global Markets, Racial Spaces, and the Role of Critical Race Theory in the Struggle for Community Control of Investments: An Institutional Class Analysis - Elizabeth M. Iglesias 14. Global Feminism at the Local Level: The Criminalization of Female Genital Surgeries - Isabelle R. Gunning 15. Breaking Cycles of Inequality: Critical Theory, Human Rights, and Family In/Justice - Berta Esperanza Hermandez-Truyol 16. Critical Race Theory and Post-Colonial Development - Enrique R. Carrasco Part III: Directions 17. Critical Coalitions: Theory and Praxis - Julie A. Su and Eric Y. Yamamoto 18. Beyond, and Not Beyond, Black and White: Deconstruction has a Politics - Mari Matsuda 19. Outsider Scholars, Critical Race Theory, and "Outcrit" Perspectivity: Postsubordination Vision as Jurisprudential Method - Francisco Valdes Afterword: The Handmaid's Truth - Derrick A. Bell About the Contributors

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Book SynopsisDoes the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

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Book SynopsisThis book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment. Trade Review"Greenky’s easy-to-read primer offers general readers and students a telling history and framework for understanding the basic assumptions, ways of thinking, and methodologies courts commonly use to negotiate clashing and competing constitutional values and individual rights to free speech." * Library Journal *"When Freedom Speaks by Lynn Greenky is an excellent introduction and exploration of the contentious field of First Amendment jurisprudence. Both entertaining and educational, it provides the knowledge necessary for an informed electorate. Like a good legal conundrum, it offers opportunities to ask important questions and spark lively arguments." * New York Journal of Books *“Greenky is particularly attentive to the relationship between precedent, innovation, and power.” * Communication and Democracy *“Lynn Greenky offers a spirited and engaging examination of the individuals, groups, and movements that have advanced free speech protections by standing up and speaking out. When Freedom Speaks is an accessible guide to the past, present, and future of free speech in the United States.” -- David Cole, National Legal Director, ACLU, George Mitchell Professor in Law and Public Policy at Georgetown University“When Freedom Speaks serves as a reminder that the First Amendment is a living, breathing structure that continues to both challenge and reinforce our country’s definition of free speech. Lynn Greenky takes us on a thorough journey through all the trials and tribulations it has faced. Anyone with any opinion will benefit from reading this timely road map on the cornerstone of our Constitution.” -- Lauren Tousignant, New York Post“Lynn Greenky’s new book is a tour de force on the importance of free speech to all individuals and groups in America – right, left, center and anyone who doesn’t conform to the prevailing wisdom of the day. …Greenky reminds us that free speech means tolerating one another – instead of silencing or jailing one another. And that’s worth fighting for.” -- Jonathan Collegio, Former Communications Director, American CrossroadsTable of ContentsIntroductionChapter One: A History LessonChapter Two: Foundations and Building BlocksChapter Three: The Road to the Supreme CourtChapter Four: Symbolically SpeakingChapter Five: The Troubling Sound of SilenceChapter Six: Politically SpeakingChapter Seven: Warning! Dangerous Speech AheadChapter Eight: Advocacy Vs Incitement?Chapter Nine: Sticks and Stones and Words That HarmChapter Ten: What the #@*%! School Speech, Campus Codes, and Cancel CultureChapter Eleven: Public SpacesChapter Twelve: The Message and the MediumChapter Thirteen: When Speech OffendsChapter Fourteen: The Language of MoneyChapter Fifteen: When Speech and Faith CollideConclusionTable of CasesWorks CitedEndnotesSuggestions for Further Reading

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Book SynopsisThe book Application of Criminal Psychology in Different Types of Crime discusses how criminal psychologists examine criminals such as robbers, rapists, white-collar criminals, and identity thieves, especially their thoughts, intentions, and motives, reactions, emotions and feelings when individuals engage in these criminal acts. The purpose of this book is determining why an offender commits a crime, from the time the criminal decision was made to the time the person appeared in court. The book emphasizes that effective criminal psychologists will use their knowledge to help find and capture criminals, thus ensuring the world is safe for everyone. This book mentions that criminal psychology is a niche profession in the field of psychology, in which psychologists hold various positions, including working with law enforcers to determine the profile of people who may have committed a particular crime, and giving their opinion in court where they describe the mental state of the offender, or work directly with the captured offender to catch others in their criminal network. This book explains how criminal psychologists understand the inner mechanisms of the human mind and brain. And apply their accumulated knowledge and professional training to evaluate a person's mental and physical state by studying the person and talking with them.

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Book SynopsisThis book serves as a comprehensive introduction to analytical jurisprudence, exploring themes related to legal philosophy, the nature of law, the philosophy of justice, and fundamental legal concepts. It is invaluable for undergraduate students studying law, offering them a foundational understanding of legal theory. Practitioners in the legal field benefit from deepening their grasp of legal philosophy and its implications for the practice of law. Policymakers gain insights into the philosophical underpinnings of legal systems, which can inform the development of just and equitable laws. The general public also benefits from becoming more aware of the philosophical foundations of the legal system, fostering a greater understanding of the principles that underlie the law.Table of Contents Chapter 1 Introduction to the Analytical School of Jurisprudence Chapter 2 Distinguishing Analytical Jurisprudence From Legal Formalism Chapter 3 Language and the Law in Development Chapter 4 Overview of General Jurisprudence Chapter 5 Geopolitical Dynamics in the Law Chapter 6 Categories of Analytical Jurisprudence Chapter 7 Differential Application of Contextualized Jurisprudence Chapter 8 Critique of Current Jurisprudence and Prospects

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Book SynopsisRenmin Chinese Law Review, Voume. 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognized scholars from China, offering a window on current legal research in China.This volume aims to reflect study of Chinese law and the reality of Chinese legality and society. Chapters address developments in economic and commercial law, the new challenges China faces in human rights and Chinese international law studies which examines the withdrawal of an international treaty reservation of China and the non-interference policy.This diverse comparative study will appeal to scholars of Chinese law, society and politics, members of diplomatic communities as well as legal professionals interested in China.Contributors: P. Chen, Y. Chen, X. Feng, T. Jiang, Y. Jiang, W. Li, Y. Li, S. Liu, X. Liu, Y. Meng, X. Qu, L. Wang, Q. Wang, M. ZhangTable of ContentsContents: 1. Why Does Social Management Innovation Need Judicial Suggestions? – A Study Based on Empirical Research of Judicial Suggestions Liu Sixuan and Li Yougen 2. Restrictive Interpretation of Constitutionality on the Clause of ‘the Exception to Favorable Retrospect’ in the Criminal Law: Analysis Based on the Niu Yuqiang Case Chen Peng 3. A New Approach to Distinguishing between Extensive Interpretation and Analogy Qu Xinjiu 4. On Confiscation of Property under PRC Criminal Law Zhang Mingkai 5. Sentencing Justice and Interpretation as the Object of Criminal Law Jiang Tao 6. On the Latest Judicial Interpretation Related to the Crime of Insider Trading Liu Xianquan 7. Research on Issues about the Applicable Scope of China’s Anti-Monopoly Law in Monopolistic Industries? Meng Yanbei 8. The Judicial Dilemma and Method of Defining ‘Relevant Market’ in the Internet Industry: Based on the Perspective of the Two-sided Market? Jiang Yanbo 9. Civil Law Problems in Brave Act of Righteousness Wang Lei 10. Three Analyses of the Act of Claiming Authorship: A Comment on the ‘Local Drama of Anshun’ Case and Other Recent Cases? Wang Qian 11. The Unregistered Well-Known Trademark System and its Improvement Feng Xiaoqing 12. On China’s Withdrawal of its Reservation to CISG Article 1 (b) Li Wei 13. The Customary Nature of the Principle of Non-intervention: A Methodological Note Chen Yifeng Index

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Book SynopsisThis is a wonderful collection of essays. The present volume contains rich articles and conveys creative and substantive ideas and information on the internationalization of law and legal education and legal practice. A timely book which will serve academics, legal professionals and policy and law makers alike in their search to keep legal education and the legal professions up to date to international and transnational legal and societal developments.'- Aalt Willem Heringa, Maastricht University, The Netherlands'Professors Hiscock and van Caenegem have drawn together an impressive group of international experts in legal education to take the reader on a fascinating journey. It ranges from the historical origins of different families of law, through the development of the institutions that support increasing connection across borders to anticipation of where the practice of law is heading, driven by the forces of global interconnectedness. This volume will help shape the internationalisation of legal education.'- Duncan Bentley, Deputy Vice-Chancellor, Victoria University, Australia'This is a fascinating collection of essays on how the world of legal education is responding to the globalisation challenge. It deserves a place on the shelf of every legal academic and practitioner with a serious interest in legal education. The utility of the book is enhanced by the fact that it is written from a variety of different and critical perspectives. It comes highly recommended.'- Gerard McCormack, School of Law, University of Leeds, UKFor graduate lawyers to succeed in a global environment, legal education in every system must undergo revolutionary change. Professors van Caenegem and Hiscock explore in detail the new initiatives that are emerging as a response to this development and the reaction from the profession to these changes.Divided into five sections, the expert contributors of this book provide different perspectives on legal education in an ever-growing industry:- Dealing with the different national philosophies of legal education- Ignoring the civil law and common law divide - a brave new world- Evolving initiatives in legal education for global practice- International practice - attorneys' insights- Litigation and arbitration - international advocacy across bordersThis book will be useful to scholars and practitioners alike who are charged with teaching law students and preparing them for the demands of practice.Contributors: J. Basedow, L. Boo, L. Boulle, S. Chesterman, M. Coper, Justice J. Douglas, M. Hiscock, D.X. Hop, C.-F. Lo, V.I. Lo, D. O'Donovan, A. Petridis, R. Russell, S. Steele, G. Triggs, W. van Caenegem, B. WolskiTrade Review‘This is a wonderful collection of essays. The present volume contains rich articles and conveys creative and substantive ideas and information on the internationalization of law and legal education and legal practice. A timely book which will serve academics, legal professionals and policy and law makers alike in their search to keep legal education and the legal professions up to date to international and transnational legal and societal developments.’ -- Aalt Willem Heringa, Maastricht University, the Netherlands‘Professors Hiscock and van Caenegem have drawn together an impressive group of international experts in legal education to take the reader on a fascinating journey. It ranges from the historical origins of different families of law, through the development of the institutions that support increasing connection across borders – to anticipation of where the practice of law is heading, driven by the forces of global interconnectedness. This volume will help shape the internationalisation of legal education.’ -- Duncan Bentley, Deputy Vice-Chancellor, Victoria University, Australia.‘This is a fascinating collection of essays on how the world of legal education is responding to the globalisation challenge. It deserves a place on the shelf of every legal academic and practitioner with a serious interest in legal education. The utility of the book is enhanced by the fact that it is written from a variety of different and critical perspectives. It comes highly recommended.’ -- Gerard McCormack, School of Law, University of Leeds, UK‘The Internationalisation of Legal Education: The Future Practice of Law provides substantial information around the topic, with an interesting and diverse range of material for reflection, discussion, and planning in legal education. The book is well planned and easy to ready. It is organised so that any one chapter can be read in any order relevant to the reader.’ -- Kristoffer Greaves, Alternative Law JournalTable of ContentsContents: Preface William van Caenegem and Mary Hiscock 1. Breeding Lawyers for the Global Village - the Internationalisation of Law and Legal Education Jürgen Basedow PART I: DEALING WITH THE DIFFERENT NATIONAL PHILOSOPHIES OF LEGAL EDUCATION 2. Internationalisation and Different National Philosophies of Legal Education: Convergence, Divergence and Contestability Michael Coper 3. Isolationism, Democratisation and Globalisation – Legal Education in a Developing Country Laurence Boulle 4. Continuing the Internationalisation Debate: Philosophies of Legal Education, Issues in Curriculum Design and Lessons from Skills Integration Bobette Wolski 5. Japanese Legal Education Reform: A Lost Opportunity to End the Cult(ure) of the National Bar Examination and Internationalise Curricula? Stacey Steele and Anesti Petridis 6. Legal Education in the Era of Glocalisation: What Makes for Market Failure? Darren O’Donovan PART II: IGNORING THE CIVIL LAW AND COMMON LAW DIVIDE – A BRAVE NEW WORLD 7. Ignoring the Civil Law/common Law Divide in an Integrated Legal World William van Caenegem 8. Teaching Comparative Law in the ‘Asian Century’ Vai Io Lo PART III: EVOLVING INITIATIVES IN LEGAL EDUCATION FOR GLOBAL PRACTICE 9. Doctrine, Perspectives and Skills for Global Practice Simon Chesterman 10. Legal Education in a Globalised World: Micro/macro Reforms and International Outsourcing for Developing Countries Chang-fa Lo 11. The Internationalisation of Legal Education: An Opportunity for Human Rights? Gillian Triggs PART IV: INTERNATIONAL PRACTICE: ATTORNEYS’ INSIGHTS 12. If Only I Knew then What I need to Know Now – Lessons from the Future Rowan Russell 13. Preparing Law Students for an International Legal Practice through Law School Tutorials Dang Xuan Hop PART V: LITIGATION AND ARBITRATION – INTERNATIONAL ADVOCACY ACROSS BORDERS 14. Does Cross-examination Translate? James Douglas 15. Advocacy before an International Arbitral Tribunal Lawrence Boo 16. Conclusion William van Caenegem and Mary Hiscock Index

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Book SynopsisAs many disciplines in the humanities have experienced a focus on culture?s impact in recent decades, questions surrounding the significance of media such as writing, print, and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.Thomas Vesting approaches law as an artificial and constructive element within culture and emphasizes the many possibilities that varied forms of media have opened to law, from oral history through to scripture, print and modern day digital networks. While providing historical examples for these theoretical assumptions, the connections between media and law are reconstructed in a practical way and with an eye toward the future. The book closes with an analysis of our present age as a network culture and discusses how this metaphorical framework can be of use in thinking about issues such as constitutionalism, human rights, the state, democracy and education.Legal Theory and the Media of Law will be of great interest to legal, cultural and media theorists as well as academics of politics, sociology and philosophy.Trade Review'What significance does media (e.g. the form and materiality of expression) have for law and legal thought? Covering a hugely impressive historical range - from oral traditions, through the invention of writing and print, to today's computer networks - this new book from Thomas Vesting offers the best guide currently available to that question. Putting in dialogue media theory and legal theory, Vesting does not shy away from the most difficult issues at the intersection of these two fields. The book will be of interest to everyone from book historians to theorists of contemporary mass media. An impressive achievement.' --Maksymilian Del Mar, Queen Mary University of London, UKTable of ContentsContents: Preface and Acknowledgements PART I LANGUAGE AND SPEECH I. Introduction: Legal Theory as Media Theory 2. Language, Media, Subjectivity 3. On the Orality of Oral Cultures 4. Oral Legal Culture and the “Ethics” of the Gift 5. Traces of Oral Legal Culture in Homer (and Hesiod) PART II WRITING 6. Hot Writing and Cool 7. Tradition and Innovation in Writing Cultures 8. Transitions to Writing in Law 9. Specialist Writing: Roman Civil Law 10. The Comprehensive Text of Jewish Law PART III PRINT 11. The Parchment Codex and the “Spirit” of Christianity 12. Print Culture, Print Epistemology 13. “Incarnation” of Sovereignty 14. “Excarnation” of Sovereignty 15. The Cultural Framework of the Liberal State PART IV COMPUTER NETWORKS 16. Mass Media and Mass Culture 17. The Culture and Epistemology of Networks 18. Constitutionalism 19. Statehood and Democracy 20. Further Exemplary Fields Bibliography Index

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Book SynopsisnullTrade Review‘International Regulation of Non-Military Drones is a‘The authors’ consolidated experience in the field of international and European air law and aviation safety regulation is the value added to the book, which addresses topics such as technical aviation regulation and public law, security, liability, privacy and data protection.’ -- Salvatore Sciacchitano, The Aviation Space Journal‘This book is a most welcome contribution and excellent resource to technical professionals and jurists, as well as simply aviation enthusiasts,for anyone willing to enter the complex and fascinating world of Unmanned Aircraft Systems (UASs) and the extraordinary innovative potential and social benefit that can be gained from their use for civilian purposes.The two authors, of renowned and indisputable reputation, qualification and authority, rise to their challenge with great skill. They analyse and comment in an admirable and organized progression, all critical aspects of the civil use of UASs, which are addressed through a comprehensive approach and developed topically, including safety and security issues, operations, liability, insurance, privacy and data protection.It is my belief, as a regulator, that this book represents an outstanding basis to build on further debate and comprehension of an evolving and pioneering area such as the civil use of UASs and move towards its social acceptance and international standardisation.’The authors, Anna Masutti and Filippo Tomasello, are prominent experts and authors in the field of international and European air law and should be praised for picking up the challenge to approach the civil use of drones from an impressive variety of angles. Their effort should all the more be respected because many of the questions which affect such operations are either in statu nascendi or they are not yet regulated at all. Hence this works forms an important and essential contribution not only to the establishment of the status quo of domestic, European and international regulation but also as a source of inspiration for legislators, policymakers, academics and stakeholders on how to shape a new regulatory environment.’ -- Pablo Mendes de Leon, Professor of Air and Space law and Head of Department/executive chair of the Department of Air and Space Law Leiden University, the Netherlands‘The work of Anna Masutti and Filippo Tomasello sheds light on the fascinating subject of non-military drones, which are generating both excitement and concerns about how they should be regulated.The possibilities that “unmanned aviation” opens up in various fields, including the environmental dimension, are the subject of careful legal and technical analysis by the authors, who assess in a very comprehensive way the current situation, while at the same time exploring the various legal solutions available for regulators. It is of course obvious that the European Union has a leading role to play in this context.This is an essential read for anyone wishing to understand how to develop an effective regulatory approach when confronted with an emerging new phenomenon, which puts into question more traditional models. Both Mr. Tomasello and Mrs. Masutti are world recognized experts who approach this subject on the basis of an original methodology which draws on the most recent debates and events in this field.I strongly recommend this brilliant book for those who want to understand the challenges of the future and deal with them through a pragmatic and at the same time rigorous European legal approach.’ -- Daniel Calleja Crespo, Director-General for Environment, European Commission - DG Environment, Director for Air Transport at the European Commission November 2004 to February 2011Table of ContentsContents: 1. Introduction: newcomers in aviation 2. Drones: a disruptive innovation in aviation 3. Social benefits and concerns in the use of drones 4. The uncharted territory of drone safety regulation 5. Taxonomy of unmanned aircraft and their operations 6. UAS Risk-Based Regulation 7. Competence of UAS personnel 8. Airworthiness of unmanned aircraft 9. Operations of UAS in certified category 10. Status and challenges for UAS international flights 11. The challenge of security 12. Liability issues and framework regulation for the use of non-military drones in common airspace 13. Drone insurance 14. Privacy and data protection implications Index

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Book SynopsisThis handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts.The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields.Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. WenTrade Review'Contemporary criminal procedure may be seen as a global garden in which myriad blossoms - with names like ''lay judges,'' ''anticipatory bail,'' and ''confession bargaining'' - have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan, and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.' --Diane Marie Amann, University of Georgia School of Law'This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.' --James Q. Whitman, Yale UniversityTable of ContentsContents: PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE Jacqueline E. Ross and Stephen C. Thaman PART II HOLISTIC COMPARISONS 1. Limits on the Search for Truth in Criminal Procedure: A Comparative View Jenia Iontcheva Turner 2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence? Stephen C. Thaman PART III DIACHRONIC COMPARISONS A. Screening Mechanisms 3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process? Vikramaditya S. Khanna and Kartikey Mahajan 4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan Tzu-te Wen and Andrew D. Leipold 5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice Richard Vogler and Shahrzad Fouladvand B. Pretrial Investigation 6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States Shawn Marie Boyne 7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice Jacqueline S. Hodgson 8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases Christopher Slobogin 9. Silence, Self-Incrimination, and Hazards of Globalization Jason Mazzone C. Adjudication: Jury Trials 10. Rumba Justice and the Spanish Jury Trial Elisabetta Grande 11. Japan’s Lay Judge System David T. Johnson 12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges? Mathilde Cohen PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF 13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation Nikolai Kovalev and Stephen C. Thaman 14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses Jacqueline E. Ross V EPILOGUE Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure Máximo Langer Index

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Book SynopsisThe peaceful use of atomic energy has given rise to a variety of nuclear accidents from the start. This concerns all forms of use, industrial and medical. For each accident, Industrial and Medical Nuclear Accidents details the contamination of the environment, flora and fauna, and quantifies the effects of ionizing radiation. The book also examines the adverse effects on the health, both physical and mental, of the human populations concerned. The monetary cost is also evaluated. The research presented in this book is based on scientifically recognized publications and on the reports of national and international organizations competent in this field (IAEA, WHO, UNSCEAR, IRSN, etc.). The book contains chapters devoted to the most recent accidents (Chernobyl and Fukushima), with a large body of institutional and academic literature. Table of ContentsPreface xi Acknowledgments xv List of Acronyms. xvii Chapter 1. Classification of Civil, Industrial and Medical Nuclear Accidents 1 1.1. Nuclear accident or radiological accident? 2 1.2. Classification of nuclear accidents. Incident or accident? 3 1.2.1. Application of the INES in France 5 1.2.2. Application of the INES at the international level 6 1.2.3. Other classifications of nuclear accidents 6 1.2.4. The NAMS classification 6 1.3. Classification of radiological accidents 7 1.4. The typology of accidents 9 1.4.1. Criticality accidents 10 1.4.2. Accidents in nuclear power reactors 11 1.4.3. Losses of radioactive sources 11 1.4.4. Radiotherapy accidents 12 1.4.5. Terrorist attacks 12 1.5. What are the main nuclear accidents? 12 1.6. Information on nuclear energy. 17 Chapter 2. Accidents Related to Nuclear Power Production 19 2.1. Introduction 19 2.2. Accidents in the nuclear fuel cycle 19 2.2.1. Uranium mines 20 2.2.2. Milling, conversion, enrichment and fuel manufacturing plants 22 2.2.3. Nuclear reactors 22 2.2.4. Spent fuel reprocessing plants 29 2.3. Accidents in laboratories 33 2.3.1. Chalk River laboratories 33 2.3.2. French study centers 34 2.4. Other accidents 35 2.4.1. Accidents in civil engineering 35 2.4.2. Accidents in nuclear propulsion 36 2.5. Waste management incidents 36 2.6. Incidents in the transport of radioactive packages 37 2.7. Environmental consequences 38 2.7.1. Uranium mines 38 2.7.2. Tokai-Mura 39 2.7.3. Saint-Laurent-des-Eaux 39 2.7.4. Three Mile Island 40 2.7.5. Church Rock 41 2.7.6. La Hague 41 2.7.7. Chalk River 41 2.7.8. Simi Valley 42 2.8. Health consequences 42 2.8.1. Uranium miners 42 2.8.2. Workers in the nuclear industry 44 2.8.3. Simi Valley 47 2.8.4. Tokai-Mura 48 2.8.5. Lucens 49 2.8.6. Three Mile Island 49 2.8.7. Church Rock 50 2.8.8. La Hague 50 2.8.9. Chalk River 51 2.8.10. Ruthenium 106 releases in Russia in September 2017 51 2.9. The cost of accidents 52 2.11. Conclusions 54 Chapter 3. The Extremely Serious Nuclear Accident at Chernobyl 57 3.1. Introduction 57 3.2. The facts 58 3.2.1. The Chernobyl site and the nuclear power plant 58 3.2.2. The accident 58 3.2.3. The core and the sarcophage 59 3.2.4. Atmospheric emissions 59 3.2.5. The dispersion of radionuclides 60 3.2.6. Radioactive fallout 61 3.2.7. Accident management 64 3.2.8. Countermeasures carried out at Chernobyl 67 3.3. Spatial and environmental consequences 68 3.3.1. Atmospheric contamination 68 3.3.2. Soil contamination 69 3.3.3. Surface water contamination 69 3.3.4. Groundwater contamination 70 3.3.5. Forest contamination 71 3.3.6. Contamination of the aquatic environment 74 3.3.7. Contamination of the marine environment 76 3.4. Ecological consequences of the Chernobyl accident 76 3.4.1. The three phases 76 3.4.2. Effects at molecular level 78 3.4.3. Genetic effects 80 3.4.4. Morphological and physiological effects on individuals 86 3.4.5. Effects on individual reproduction (sex, sex-ratio, fertility) 88 3.4.6. Effects on populations (age, abundance, longevity) 89 3.4.7. Effects on ecosystem structure and functioning 92 3.4.8. Partial conclusion 93 3.5. Health consequences 94 3.5.1. Implications for large organisms 94 3.5.2. The main contributions to exposure 97 3.5.3. Population exposure 97 3.5.4. Cancer pathologies 100 3.5.5. Non-cancerous pathologies 106 3.5.6. Mortalities resulting from the Chernobyl accident 112 3.6. Social consequences 115 3.6.1. Psychological disorders among liquidators 115 3.6.2. Psychological disorders in evacuated populations 116 3.7. Consequences in Europe and France 119 3.7.1. The impact of Chernobyl in Europe 119 3.7.2. The impact of Chernobyl in France 123 3.7.3. Cases of thyroid cancer in France 128 3.8. Economic consequences 130 3.9. Long-term management of the Chernobyl accident 131 3.10. Conclusion 132 Chapter 4. Fukushima’s Serious Nuclear Accidents 135 4.1. Introduction 135 4.2. The course of the Fukushima accidents 136 4.2.1. The facts 136 4.2.2. Atmospheric emissions 139 4.2.3. Marine discharges 140 4.3. Actions taken by the Japanese authorities 141 4.3.1. Evacuation of the populations 141 4.3.2. Distribution of iodine tablets to children 144 4.3.3. Exposure limits for nuclear workers and the public 144 4.3.4. Regulatory values and food monitoring 145 4.3.5. Decontamination tests of crop production 147 4.3.6. Decontamination and waste management 147 4.3.7. The restructuring of the Japanese nuclear industry 149 4.3.8. Compensation of victims 149 4.4. Environmental contamination 150 4.4.1. Contamination of the atmosphere 150 4.4.2. Contamination of the terrestrial environment 152 4.4.3. Forest contamination 155 4.4.4. Bird contamination 158 4.4.5. Contamination of freshwater environments 158 4.4.6. Contamination of the marine environment 159 4.4.7. Contamination of agricultural products and foodstuffs 165 4.5. Exposure and effects on flora and fauna 170 4.5.1. Exposure and effects on forests 171 4.5.2. Exposure and effects on birds 172 4.5.3. Exposure and effects on other terrestrial organisms 174 4.5.4. Exposure and effects on freshwater organisms 175 4.5.5. Exposure and effects on marine organisms 175 4.6. Health consequences 177 4.6.1. Consequences for the local human population 177 4.6.2. The consequences for nuclear workers 184 4.6.3. Consequences on the world population (excluding Japan) 187 4.7. Economic consequences 188 4.8. The situation in 2016 and 2017 189 4.8.1. The current situation of the Fukushima nuclear facilities 189 4.8.2. The time course of freshwater contamination 190 4.8.3. The first returns and return intentions of the evacuated populations following the accident at the Fukushima Daiichi power plant 192 4.9. Conclusions 192 Chapter 5. Industrial and Medical Radiology Accidents 195 5.1 Introduction 195 5.2. Industrial and medical applications 196 5.2.1. Non-destructive industrial testing 196 5.2.2. Industrial synthesis reactions and mechanical and chemical transformations 197 5.2.3. Environmental remediation and waste treatment by irradiation 198 5.2.4. Agri-food applications 199 5.2.5. Medical applications 200 5.3. Radiological criticality accidents 202 5.4. Radiological accidents related to the loss of radioactive sources 203 5.4.1. Loss of radioactive sources and public exposure 205 5.4.2. The main causes of loss of radioactive sources 211 5.4.3. Nuclear accidents related to the loss of radioactive sources 212 5.5. Radiological accidents with radioactive sources and industrial accelerators 215 5.6. Medical radiological accidents 219 5.6.1. Historical accidents involving the use of radiotherapy 219 5.6.2. Radiological accidents with medicinal radioactive sources 220 5.6.3. Brachytherapy and brachytherapy accidents 225 5.6.4. Interventional radiology by fluoroscopy 226 5.6.5. Secondary cancers 227 5.7. Conclusions 227 Conclusion 229 Glossary 239 References 249 Index 309

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Book SynopsisIn a fully digitized world and hyper-connected society, artificial intelligence (AI) is developing more and more each day. In the aftermath of the Covid-19 pandemic, it seems appropriate to examine the real or imagined progress of AI in terms of human health. Like artificial intelligence, health is a field that involves a wide range of research disciplines. In order to better define and understand these social and technical developments, Al, Healthcare and Law brings together the thoughts and analyses of doctors, lawyers, economists and computer scientists. Through a wide range of original overviews of the issues involved, the book addresses questions such as the development of telemedicine, the use of medical data, the increased human perspective or medical ethics, and takes a multi-disciplinary and accessible approach to questioning the relationship between humans and computers, between the intimate and the machine.

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Book SynopsisCreativity has been integral to the development of the modern State, and yet it is becoming increasingly sidelined, especially as a result of the development of new machinic technologies including 3D printing. Arguing that inner creativity has been endangered by the rise of administrative regulation, James Griffin explores a number of reforms to ensure that upcoming regulations do take creativity into account. The State of Creativity examines how the State has become distanced from individual processes of creativity. This book investigates how the failure to incorporate creativity into administrative regulation is, in fact, adversely impacting the regulation of new technologies such as 3D and 4D printing and augmented reality, by focusing on issues concerning copyright and patents.This is an important read for intellectual property law scholars, as well as those studying computer science who wish to gain a more in-depth understanding of the current laws surrounding digital technologies such as 3D printing in our modern world. Legal practitioners wanting to remain abreast of developments surrounding 3D printing will also benefit from this book.Trade Review'This book discusses how emerging technologies link to innovation and creativity that can bring immense benefits to society, and stresses how legal systems (e.g., copyright) can help motivate and protect such development. I recommend the book to all technology enthusiasts who are keen on applying cutting-edge technology and knowledge.' --Hing Kai Chan, University of Nottingham Ningbo China'This book is a very original account of the importance of creativity within society. James Griffin has incorporated a wide range of materials and subjects to develop and establish his core argument that creativity is critical to the future of humanity. The book should be a primary reference for regulators, policymakers and researchers considering legal reforms, especially for 3D printing.' --Onyeka Osuji, University of Essex, UKTable of ContentsContents: 1. The history of pro(creation) 2. A third dimension: Creativity and the Individual – State relationship 3. A virtual reality? Creativity and the Individual: The importance of creative space 4. A fourth dimension: The administrative core 5. A fourth dimension imperilled by the third? The threatening space between the zone of discourse and the administrative core 6. The flow of reproduction – The reproduction of creativity as part of the proprietary discourse 7. An augmented reality (1) – Identifying the process of creativity 8. An augmented reality (2) – Reform – The proposed licensing system 9. An augmented reality (3) – The proposed regulatory body 10. Conclusion – The future of the creative State Index

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Book SynopsisCritical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.Trade Review'This is a brilliant collection! The Handbook's editors have succeeded in making critical legal theory - in all its multifarious, subversive complexity - both accessible and compelling. Anyone hoping to come to terms with the sheer range of critical discourse that the law has inspired, or wishing to plunge headlong into the depths of a particular critical tradition, will find just what they need in this fascinating volume.' --David Garland, New York University, USTable of ContentsContents: Preface PART I 1. Critical theory and the law: reflections on origins, trajectories and conjunctures Emilios Christodoulidis 2. Critical legal realism in a nutshell Dennis M. Davis and Karl Klare PART II 3. Critical legal feminisms Rosemary Hunter 4. Critical race theory Mathias Möschel 5. Queer in the law: critique and postcritique Mariano Croce 6. Marxism and the political economy of law Emilios Christodoulidis and Marco Goldoni 7. Critical theory of the state Bob Jessop 8. Law and the public/private distinction Scott Veitch 9. Rhetoric, semiotics, synaesthetics Peter Goodrich 10. Law and deconstruction Johan van der Walt 11. The ethical turn in critical legal thought Louis E. Wolcher 12. Law is a stage: from aesthetics to affective aestheses Andreas Philippopoulos-Mihalopoulos 13. The responsibilities of the critic: law, politics and the Critical Legal Conference Costas Douzinas 14. Law in the mirror of critique: a report to an academy Kyle McGee PART III 15. Property law Paddy Ireland 16. Ideology and argument construction in contract law Richard Michael Fischl 17. Critical copyright law and the politics of “IP” Carys J. Craig 18. A different kind of ‘end of history’ for corporate law Lilian Moncrieff 19. Critical labour law: then and now Ruth Dukes 20. Social rights Fernando Atria and Constanza Salgado 21. Between persecution and reconciliation: criminal justice, legal form and human emancipation Craig Reeves, Alan Norrie and Henrique Carvalho 22. Facticity as validity: the misplaced revolutionary praxis of European law Michelle Everson and Christian Joerges 23. Critical law and development Fiona Macmillan 24. International economic law’s wreckage: depoliticization, inequality, precarity Nicolás M. Perrone and David Schneiderman 25. Can transnational law be critical? Reflections on a contested idea, field and method Peer Zumbansen 26. Critical legal theory and international law Bill Bowring 27. Nihilists, pragmatists and peasants: a dispatch on contradiction in international human rights law Margot E. Salomon Index

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Book SynopsisWhilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse. Offering a new focus for jus cogens research, this insightful work moves beyond traditionally designed investigations of the application of jus cogens in international law and instead analyses the many implicit basic assumptions held by participants in international legal discourse, and the way in which these assumptions explain their various claims. Clarifying the precise relationship between submitted propositions and a legal positivist or legal idealist frame of mind, this captivating book will influence not only the future understanding and practice of international law, but also its codification and progressive development. Scholars and advanced students of public international law, and international legal theory especially, will find this book a stimulating and novel read. Practitioners and judicial bodies will also benefit from a deeper understanding of the many issues and influences surrounding the concept of jus cogens.Trade Review'Ulf Linderfalk's new book Understanding Jus Cogens in International Law and International Legal Discourse is a timely contribution to the debate on the criteria and consequences of jus cogens in international law. A debate which has, for the most part, been characterised by participants speaking past each other. Building on his previous accomplished work on the theory of jus cogens, Linderfalk takes a step back in order to examine the common assumptions underlying dominant approaches to jus cogens in international law. The result is a book that has the potential to open the lines of communication in the pursuit of better understanding of jus cogens.' --Dire Tladi, University of Pretoria, South AfricaTable of ContentsContents: 1. Introduction 2. Legal Positivism and legal idealism 3. The source of jus cogens obligations and no-competences 4. The role of state consent in the creation and modification of jus cogens norms 5. The identification of jus cogens norms 6. The scope of jus cogens: Possible delimitations of the concept 7. Jus cogens and the concept of a normative conflict 8. Jus cogens and the individuation of norms 9. Significance of the findings for future international legal discourse Index

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Book SynopsisThis thought-provoking Research Handbook provides a comprehensive overview of current research on natural law theory in ethics, politics and law, demonstrating the rigour and versatility of the tradition and offering an up-to-date picture of these ideas in the 21st century. Featuring contributions from leading international scholars in disciplines from law and government to philosophy and religious studies, the Handbook explores both the philosophical foundations of natural law thinking and its practical implications for law, politics and governance. Chapters showcase the breadth and diversity of contemporary natural law thought, going beyond the dominant Catholic and Thomist perspectives to investigate natural law ideas in a variety of religious and cultural traditions, such as Judaism, Islam and Confucianism, as well as African American and feminist theory. The Research Handbook on Natural Law Theory will prove an invaluable resource for scholars and students of law, legal theory, philosophy, politics and government, as well as theology and religious studies, who wish to engage with current thinking on natural law and its relevance to their fields. Legal practitioners and experts in public policy will also find its varied perspectives useful.Trade Review'This Research Handbook is profoundly enlightening. The authors and editors all understand Natural Law not as a set of God s commands, and not as a foil to legal positivism, but rather, as a tradition within which scholars explore and debate the content of the good, the common good, human nature, and the good or flourishing life as a guide to the content of ideal and just law. The volume as a whole presents a vibrant set of questions and reflections on law s purpose, a wonderful intellectual history of an often overlooked and badly misunderstood scholarly tradition, and a deeply probing and critical examination of law's role in promoting the conditions necessary for human flourishing.' --Robin West, Georgetown University, US'This revolutionary revival of the natural law tradition quenches the thirst of those who are parched by the modern assumption that ethics, politics, and law must be devoted to the zero-sum distribution of rights to self-interested agents whose own good is the only good. In chapters both broad and deep, this Handbook reveals how a concern for the objective conditions of human flourishing can reinvigorate the role of common goods, cooperative enterprises, and pluralism in a theory of just governance' --Heidi M. Hurd, University of Illinois, USTable of ContentsContents: Preface Contributors 1. The Natural Law Outlook Jonathan Crowe and Constance Youngwon Lee PART I WESTERN FOUNDATIONS 2. Aristotle as Natural Law Theorist George Duke 3. Stoic Natural Law as Right Reason Anna Taitslin 4. St. Augustine on Natural Law Richard Dougherty 5. God, Aquinas and Natural Law Theory: The Question of Natural Kinds Anthony J. Lisska 6. John Calvin’s Natural Law Theory Constance Youngwon Lee 7. Some Modern Conceptions of Natural Law Terence Irwin PART II TEXTS AND TRADITIONS 8. Natural Law in Judaism Jonathan A. Jacobs 9. Natural Law in Islam from Theological and Legal Perspectives Nadirsyah Hosen 10. Natural Law in Confucianism Norman P. Ho 11. Natural Law and Biblical Law Jonathan Burnside 12. Natural Law and Reformed Theology David VanDrunen 13. Black Natural Law Vincent Lloyd 14. Luce Irigaray on Women and Natural Law Catherine Carol PART III NORMATIVE CONCEPTS 15. Incommensurable Goods Gary Chartier and Jere L. Fox 16. Virtue and Natural Law Amalia Amaya 17. Natural Law and Imagination Yannick Imbert 18. Intelligibility, Practical Reason and the Common Good Jonathan Crowe 19. Natural Law and Natural Justice: A Thomistic Perspective Tim Murphy 20. Natural Law and Physics: The State of Nature Michael Detmold PART IV LAW AND GOVERNANCE 21. Natural Law, the Common Good and the State Gary Chartier and Jere L. Fox 22. Natural Law and Federalism Nicholas Aroney 23. The Principle of Subsidiarity Augusto Zimmermann 24. Natural Law and Constitutional Reasoning Eoin Carolan 25. The Nature of Law Jonathan Crowe Index

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Book SynopsisEurope has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future.This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars.Contributors include: X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. TurpTrade Review'Issues concerning autonomy and self-determination continue to take centre stage in international law and politics. This outstanding collection of chapters brings together leading voices on the subject, to offer expert insights and perspectives on this controversial issue at a time of uncertainty. The work will be of immediate interest to scholars and practitioners of international law, international relations and politics. Students are likely to find the text accessible and well researched, drawing on a multitude of sources.' --Joshua Castellino, Middlesex University, UKTable of ContentsContents: 1. Introduction Peter Hilpold 2. Self-determination and Autonomy: Between Secession and Internal Self-determination Peter Hilpold 3. The Relevance of Democratic Principles to the Self-Determination Norm Brad R. Roth 4. Self-Determination and Secession: Similarities and Differences Rein Müllerson 5. The Referendum as an Instrument for Decision-making in Autonomy-related Situations Markku Suksi 6. Secession as a New Constitutional Problem: the question of independence in autonomy systems Ulrike Haider-Quercia 7. ‘Free at Last’? Scotland, Independence and EU Membership Hannes Hofmeister and Belen Olmos Giupponi 8. Italian Approaches to Self-determination: Theory and Practice Antonello Tancredi 9. The Kurds between Discrimination, Autonomy and Self-determination Stefan Oeter 10. Autonomy and Self-determination in Spain: a Constitutional Law Perspective Xabier Arzoz 11. Autonomy and Self-determination in Spain: Catalonia’s Claims for Independence from the Perspective of International Law Eugenia López-Jacoiste 12. Self-determination, Autonomy, Independence, and the Case of Québec Daniel Turp and Anthony Beauséjour Index

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Book SynopsisThis timely Research Handbook examines the key challenges for the governance of biomedicine and the life sciences. It explores the impact of significant political, technological and ecological developments on international governance and considers ethics in times of global crisis.This title contains one or more Open Access chapters.

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Book SynopsisDrawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. YoungTrade Review'A huge gap in the literature is filled with this authoritative volume. The issues at the delivery point of the international justice system, when convicted criminals are punished, receive comprehensive treatment by the world's experts in this field. This work is an indispensable addition to any international criminal law library.' --William A. Schabas, Middlesex University, UK and Leiden University, the NetherlandsTable of ContentsContents: Preface PART I INTERNATIONAL REMAND DETENTION 1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz 2. Provisional Release from International Remand Detention Andrew Trotter PART II INTERNATIONAL PENALTIES 3. Ius Puniendi and Individual Criminal Responsibility in International Criminal Law Kai Ambos 4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit 5. Fines and Forfeiture in International Criminal Justice Rebecca Young PART III INTERNATIONAL SENTENCING 6. International Sentencing: Law and Practice Silvia D’Ascoli 7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and Tribunals Annika Jones PART IV INTERNATIONAL TRANSFERS 8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State Practice Harmen Van Der Wilt 9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc Tribunals Olympia Bekou PART V INTERNATIONAL IMPRISONMENT 10. State Cooperation in the Enforcement of Sentences Göran Sluiter 11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels 12. Rehabilitating International Prisoners Barbora Holá and Joris Van Wijk PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 13. International Penal Law: Aligned with or Autonomous from International Human Rights Law? Lorna Mcgregor 14. Oversight of International Imprisonment: The Committee for the Prevention of Torture Sonja Snacken and Nik Kiefer 15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra Leone Teresa Anne Doherty and Shireen Avis Fisher PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 16. International Punishment from ‘Other’ Perspectives Mark A. Drumbl 17. The International Criminal Court’s Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome Statute Conor Mccarthy PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 18. Creating an International Prison Margaret M. Penrose 19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome Statute Róisín Mulgrew Conclusion Index

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Book SynopsisSarnoff's Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I m quite pleased to have it on my bookshelf.'- Eric Lane, Green Patent BlogWritten by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade.The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyze the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.Contributors: P. Ala'i, C. de Avila Plaza, D. Borges Barbosa, P. Bifani, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. YuTrade Review'Given Di Caprio's acceptance speech at the Oscars, calling on the world to take climate change seriously, this terrific tome could not have been more timely! Boasting a splendid array of scholars and policy makers, it traverses a wide spectrum of issues at the interface of IP and climate change technologies. Professor Joshua Sarnoff needs to be commended for conceptualizing and co-ordinating this project, resulting in a bountiful book that offers incisive insights on one of the foremost policy challenges facing the world today!' --Dr Shamnad Basheer, India'Tackling the climate problem will require the development, deployment and transfer of a wide variety of technologies at a pace and scale unprecedented outside of wartime. This will involve not only the environmental, energy and treaty laws familiar to climate law specialists, but also a bewildering array of issues under intellectual property, trade, procurement and other legal fields. Joshua Sarnoff has done a wonderful job in assembling leading experts from around the world to illuminate these complex matters.' --Michael B. Gerrard, Columbia Law School'In the wake of the Paris Agreement, there is a great need to encourage a transition to a clean energy world economy. Intellectual property and innovation policy will play a critical role in research, development, and deployment of clean technologies. In this context, the Research Handbook on Intellectual Property and Climate Change edited by Joshua Sarnoff is essential reading. This landmark collection provides a comprehensive examination of the inter-relationship between intellectual property and climate change. Leading authors from around the world tackle topics such as international law, patent law, green trade marks, copyright law, and trade secrets law. The Research Handbook on Intellectual Property and Climate Change also considers larger public policy issues in respect of climate finance, innovation law and policy, government procurement, standard-setting, and competition law.' --Matthew Rimmer, Queensland University of Technology, QueenslandTable of ContentsContents: 1. Introduction Joshua D. Sarnoff 2. Climate Science and Policy Responses David Hunter 3. International Law and Institutions for Climate Change Sanford E. Gaines 4. Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement Daniel J. Gervais 5. Intellectual Property Rights Under the UNFCCC: Without Response to Developing Countries’ Concerns Carlos M. Correa 6. The Intellectual Property Regime: Are There Lessons for Climate Change Negotiations? Peter Drahos 7. Intellectual Property Enforcement and Global Climate Change Peter K. Yu 8. Beyond Technology Transfer: Protecting Human Rights in a Climate-constrained World The International Council On Human Rights Policy 9. Behind the Wall: Global Climate Change and American Religion Robert K. Musil 10. Technology Transfer for Climate Change and Developing Country Viewpoints on Historical Responsibility and Common but Differentiated Responsibilities Dalindyebo Shabalala 11. Government Choices in Innovation Funding Joshua D. Sarnoff 12. Catalyzing Technology Development Through University Research Jorge L. Contreras and Charles R. McManis 13. Antitrust and Climate Change Michael A. Carrier 14. Climate Change Innovation, Products and Services Under the GATT/WTO System David A. Gantz and Padideh Ala’i 15. The Role of Government Procurement in Regard to Development, Dissemination and Costs of Climate Change Technologies Denis Borges Barbosa and Charlene de Avila Plaza 16. Patents and Climate Change Joshua D. Sarnoff 17. Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions Sharon K. Sandeen and David S. Levine 18. The Role of Copyright in the Protection of the Environment and the Fight Against Climate Change: Is the Current Copyright System Adequate? Estelle Derclaye 19. Intellectual Property and Related Rights in Climate Data Michael W. Carroll 20. Green Marks Christine Haight Farley 21. Standards and Related Intellectual Property Issues for Climate Change Technology Jorge L. Contreras 22. Privacy Issues in Smart Grid Deployment Jennifer M. Urban 23. Energy Steven Ferrey 24. Transportation Paolo Bifani, David Vivas-Eugui, and Hiafeng Wang 25. Food Geoff Tansey 26. Natural Resources Baskut Tuncak Index

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Book SynopsisThere has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.The contributions feature copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research.Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law.Contributors: I. Alexander, J. Bellido, C. Bond, K. Bowrey, O. Bracha, E. Cooper, I. Gadd, J.C. Ginsburg, H.T. Gómez-Arostegui, B. Lauriat, N.A. Mace, H. MacQueen, A.J. Mann, S. Ricketson, F. Rideau, C. Seville, M. WoodmanseeTrade Review'This Research Handbook is a great overview for readers new to the subject of copyright history.' --Journal of Intellectual Property Law and Practice'`Anyone remotely involved or interested in how the law of copyright has developed in our new IT age will find this book a magnificent journey through special parts of our common law history. . . Academics researching copyright law, authorship, art, and the book and music trades we know will find this title an invaluable resource for their work. It will also be of use to practitioners and the judiciary with an interest in the doctrinal history of copyright law which is so well set out here and another example of the excellent publications produced for lawyers from Elgar for their research handbooks in intellectual property series of legal works.' --The Barrister MagazineTable of ContentsContents: 1. Introduction Isabella Alexander and H. Tomás Gómez-Arostegui PART I HISTORIOGRAPHY 2. Copyright History in the Advocate’s Arsenal Barbara Lauriat 3. Law, Aesthetics and Copyright Historiography: A Critical Reading of the Genealogies of Martha Woodmansee and Mark Rose Kathy Bowrey 4. The ‘Romantic’ Author Martha Woodmansee PART II UNITED KINGDOM PERSPECTIVES 5. The Stationers’ Company in England before 1710 Ian Gadd 6. The Anatomy of Copyright Law in Scotland before 1710 Alastair J. Mann 7. Literary Property in Scotland in the Eighteenth and Nineteenth Centuries Hector MacQueen 8. Music Copyright in Late Eighteenth and Early Nineteenth Century Britain Nancy A. Mace 9. How Art Was Different: Researching the History of Artistic Copyright Elena Cooper 10. Determining Infringement in the Eighteenth and Nineteenth Centuries in Britain: ‘A ticklish job’ Isabella Alexander 11. Equitable Infringement Remedies before 1800 H. Tomás Gómez-Arostegui PART III INTERNATIONAL PERSPECTIVES 12. Proto-Property in Literary and Artistic Works: Sixteenth-Century Papal Printing Privileges Jane C. Ginsburg 13. British Colonial and Imperial Copyright Catherine Seville 14. The Public International Law of Copyright and Related Rights Sam Ricketson 15. El Salvador and the Internationalisation of Copyright Jose Bellido PART IV NATIONAL PERSPECTIVES 16. United States Copyright, 1672–1909 Oren Bracha 17. ‘Cabined, Cribbed, Confined, Bound In’: Copyright in the Australian Colonies Catherine Bond 18. Aspects of French Literary Property Developments in the Eighteenth (and Nineteenth) Centuries Frédéric Rideau 19. Codified Anxieties: Literary Copyright in Mid-Nineteenth Century Spain Jose Bellido Index

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Book SynopsisThis comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory.The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.Trade Review'Private law theory today is a powerful scholarly discourse; it can lift up the learning experience of students and teachers making sense of the thickets of our modern law; it can stimulate jurists to make lasting contributions to legal culture, practical ethics and the behavioural and political sciences; and it can inform the practical work of judges, advocates and legislators. This exemplary Handbook lucidly and expertly covers the methods, models and ideals projected by the best writers in the field.' -- Joshua Getzler, University of Oxford, UK'This important new volume reflects the burgeoning of academic interest in private law theory over the past decade. Bringing together the leading scholars in their respective fields, this cutting edge Handbook is sure to become a standard reference that everyone writing and teaching in the areas of property, contracts and torts will want on their bookshelf.' -- Eduardo M. Penalver, Cornell Law School, USTable of ContentsContents: 1 Introduction to Research Handbook on Private Law Theory : the distinction between private law and public law 1 Hanoch Dagan and Benjamin C. Zipursky PART I CONTRACTS 2 A joint maximization theory of contract and regulation 22 Robert E. Scott 3 Promise, agreement, contract 39 Gregory Klass 4 Public justice and private consent 58 Aditi Bagchi 5 Outline of a public justification of contract law 75 Peter Benson 6 Contract as collaboration 96 Daniel Markovits 7 Choice theory: a restatement 112 Hanoch Dagan and Michael Heller PART II PROPERTY 8 The architecture of property 134 Thomas W. Merrill and Henry E. Smith 9 Property as the law of complements 155 Lee Anne Fennell 10 Locke and private law 174 Emily Sherwin 11 Autonomy and property 185 Hanoch Dagan 12 The human flourishing theory 203 Gregory S. Alexander 13 Democratic property: things we should not have to bargain for 220 Joseph William Singer 14 Real property on the ground: the law of people and place 237 Sarah Blandy, Sarah Nield, and Susan Bright PART III TORTS 15 Corrective justice 255 Arthur Ripstein 16 Economic theory of tort law 270 Yotam kaplan 17 Fair precaution 286 Gregory C. Keating 18 Tort as yet another locus of gender injustice in the distribution of money 303 Anita Bernstein 19 Relational justice and torts 321 Avihay Dorfman 20 Folk tort law 338 Mark A. Geistfeld 21 Torts as wrongs and civil recourse theory 356 Benjamin C. Zipursky PART IV THE DOMAIN OF PRIVATE LAW: EXTENSION AND REFLECTION 22 Equity 373 Irit Samet 23 Corrective justice, unjust enrichment, and restitution 390 Anthony J. Sebok 24 The fall and rise of the private law of work 412 Cynthia Estlund 25 The corporation as a category in private law 429 Paul B. Miller and Andrew S. Gold 26 Private law and the rule of law 446 Lisa M. Austin 27 How are private wrongs possible? 462 Alan Brudner 28 The normative structuralism of corrective justice 484 Ernest J. Weinrib Index 499

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