Law and society, sociology of law Books

Book SynopsisSydney Kentridge carved out a reputation as South Africa's most prominent anti-apartheid advocate - his story is entwined with the country's emergence from racial injustice and oppression. He is the only lawyer to have acted for three winners of the Nobel Peace Prize - Nelson Mandela, Archbishop Desmond Tutu and Chief Albert Lutuli. Already world-famous for his landmark cases including the Treason Trial of Nelson Mandela and the other leading members of the ANC, the inquiry into the Sharpeville massacre, and the inquest into the death of Steve Biko, he then became England's premier advocate.Through the great set-pieces of the legal struggle against apartheid - cases which made the headlines not just in South Africa, but across the world - this biography is a portrait of enduring moral stature.Trade ReviewWell-written, deeply researched and wholly gripping -- The SpectatorMeticulously researched -- The TimesKentridge is not only one of the finest advocates of all time, he is also one of the finest men -- Lady HaleThe barrister's barrister . . . a moral stature that no amount of moral forensic technique can impersonate -- Lord Jonathan SumptionOne of the greatest lawyers of our times - a legal titan -- Lady Helena KennedyA good read . . . well-researched. It can be recommended as a short introduction to the horrific nature of the ancien régime and the risks run and suffering borne by its opponents, as they emerge through the prism of the South African legal system -- Daily TelegraphAnyone who wants a fresh understanding of how South Africa became the polecat of the international community will gain insight from Thomas Grant's gripping telling of the stellar career of Sydney Kentridge and his struggle for justice -- RapportIn all of [Grant's] chapters, the role of fearless hugely skilled advocacy in creating a belief that the rule of law matters is luminously documented . . . Grant's description of Kentridge's cross-examination of State witnesses who were cynically employed to convict opponents of the apartheid regime should be compulsory reading -- The Daily MaverickIn November [2022], [Sydney] Kentridge will mark his 100th birthday, and Grant's in-depth research sets the scene for a celebration of a remarkable legal tactician -- Farmer's WeeklyThomas Grant KC has performed a real service by enabling us to get a vivid sense of some of Kentridge's most important cases . . . This is a powerful, but easy, read -- New Law JournalA forensic, riveting account of a wondrous and principled advocate -- Philippe Sands

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Book SynopsisThis exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.Trade ReviewThis textbook is a very accessible and practical guide to empirical legal research. The non-technical explanations of interviews, surveys and experiments make it easy to understand the pros and cons of each method and to know when to use them. It will be perfect as a textbook in an interdisciplinary methods course for law students.' --Sanne Taekema, Erasmus University Rotterdam, the Netherlands'Empirical Legal Research: A Primer is a wonderful introduction to, and continuing reference for, the use of empirical methods to study legal issues. At a time when policy research, evidence-based legal process, and fact-based input into legal decisions are becoming more and more important, this book is a valuable resource for law students, legal scholars, practicing lawyers, and policy makers. The book is accessible and interesting - I recommend it!' --Allan Lind, Duke University, US'Empirical Legal Research: A Primer is a great book. It makes clear that doing empirical research is important, enriching and fun. It explains in a very simple, clear and effective way how to set up and carry out such research and what part of empirical research you can carry out yourself and when you need the help of an expert. If I had never done any empirical legal research myself, I'm sure that I would want to start immediately after reading this book.' --Bert Marseille, University of Groningen, the NetherlandsTable of ContentsContents: Part I. Start: Moving from Content to Empirical Research Questions 1. Why Empirical Legal Research 2. Research Goals, Problems and Questions Part II Research Methods: Studying Empirical Questions 3. Interviews 4. Surveys 5. Experiments Part III Interpreting Empirical Data: Moving Back to Content 6. Data Analyses 7. Reporting of Results 8. What Next References Subject Index

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Book SynopsisTHE TOP TEN SUNDAY TIMES BESTSELLER'A powerful polemic' Sunday Times'A compelling, eye-opening read' Daily Express– Did an illegal immigrant avoid deportation because he had a cat?– Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.Trade ReviewWell written, both punchy and providing concise explanations of complex laws . . . a powerful polemic that also acts as a primer about our legal rights -- Rosamund Urwin * Sunday Times *The Secret Barrister mounts a powerful defence of lawyers and the law from their noisy detractors . . . this is an urgent and highly readable book. You will come away from it feeling that your mind has been purged -- Thomas Grant * The Times *Fake Law is a compelling, eye-opening read and should act as a wake-up call for anyone with an interest in how the law, and, by extension, society and justice function – that is to say, every one of us. -- Huston Gilmore * Daily Express *The authority of this author is in the sheer quality of the writing. To keep up to this standard in tweet after tweet, blogpost after blogpost, and now book after book is remarkable – especially if, as the author tells us, they do all this in addition to a busy and stressful criminal practice * Prospect *I enjoyed reading this book. It is well-written and informative and the SB is right to lament the levels of public ignorance about the way the system works. -- Philip Johnston * Daily Telegraph *The Secret Barrister picks apart the “deliberate smokescreen” of falsehoods with which the UK government justifies its policies and the methods employed by a compliant press to amplify and embellish them. Unashamedly polemical but legally watertight, Fake Law is a disturbing indictment * Herald *This is not the easiest book you will read this summer. But it will be one of the most educational and alarming * Strong Words *A defence of the legal system and exposé of agenda-driven politicians, click-hungry tabloid editors and powerful corporate interests who persuade us that the system is stacked in favour of criminals and the undeserving. In fact, the resulting changes to the law mean our own rights – for example, to legal aid – are being quietly eroded * Daily Mirror *A much-needed book that looks at some of the biggest myths behind the legal system. Fans of the Secret Barrister will be pleased with the latest instalment, which offers well-written insight, making difficult-to-understand laws clearer with interesting and current case studies. -- Megan Baynes * Press Association *The anonymous campaigning lawyer returns with a myth-busting new book that takes on the many detractors of the law and legal profession. * The Times *

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Book SynopsisMany Americans fear the power of unelected, unaccountable bureaucrats—the “deep state.” Cass Sunstein and Adrian Vermeule seek to calm those fears by proposing a moral regime to ensure that government rulemakers behave transparently and don’t abuse their authority. The administrative state may be a Leviathan, but it can be a principled one.Trade ReviewThis short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *This short book is as brilliantly imaginative as it is urgently timely. By identifying an inner morality of administrative law, Sunstein and Vermeule refute the most serious legal and political attacks on the administrative state since the New Deal. The book makes major contributions to the theory of the rule of law. -- Richard H. Fallon, Jr., Story Professor of Law, Harvard Law SchoolThis is a sparkling vindication of the enduring relevance of Lon Fuller’s classic account of the rule of law. It is an exemplary piece of legal scholarship in the way it connects a sensitive exploration of legal doctrine to underlying moral concerns. -- John Tasioulas, Director, Yeoh Tiong Lay Centre for Politics, Philosophy, and Law, The Dickson Poon School of Law, King’s College LondonIn the face of decades of robust attacks on the administrative state as unconstitutional, immoral, or worse, Sunstein and Vermeule offer a doctrinally careful and theoretically sophisticated defense of pervasive administrative regulation tempered by the kinds of rule of law concerns associated with Lon Fuller’s internal morality of law. At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto. -- Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of LawA must-read for critics and defenders of the administrative state. -- Jeffrey Pojankowski, Notre Dame Law SchoolIn this elegant and thoughtful book, Sunstein and Vermeule seek to offer an ‘appealing second best’ on which the administrative state’s friends and foes can agree. Whether they will succeed in that task remains to be seen, but their effort to move us past old debates is exactly right. The pandemic has shown the urgent need for an administrative state that is both lawful and effective, empowered as well as constrained. Sunstein and Vermeule offer us an insightful account of how that uneasy balance is attained through core principles emanant in administrative law. -- Gillian Metzger, Harlan Fiske Stone Professor of Constitutional Law, Columbia Law SchoolSunstein and Vermeule pack in a great deal of information, almost a thumbnail course in administrative law…For lawyers, the book provides an easy entry point to the latest developments in a complex and technical field of law...Put[s] forward a new analytical framework for thinking about the direction of the administrative state. -- Terence Check * Cipher Brief *Has something to offer both critics and supporters of the administrative state and is a valuable contribution to the ongoing debate over the constitutionality of the modern state. -- Joseph Postell * Review of Politics *Law and Leviathan is a useful source to learn about the current state of US public law discourse. The reader can find an interesting mapping of concerns and solutions advanced towards developments which—to different degrees and under various labels—have taken place in most Western constitutional systems, as well as within the institutional structures of global governance. -- Angelo Jr Golia * Heidelberg Journal of International Law *

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Book SynopsisWhat remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.Trade Review"Using practical insights gained over years of observing court cases in Paris, Geoffroy de Lagasnerie elaborates a critical reflection on power, violence, and the penal state. In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies." -- Philippe Marlière * University College London *"This detailed examination of state penal logic provides a trenchant counteroffensive in both language and practice. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Judge and Punish asks the big, penetrating questions that will shape the future of justice systems throughout the Western world." -- Jason S. Sexton * Editor, Boom California *"Lagasnerie opens up possibilities for us to think differently: to escape from the force of current certainties and conventions and to re-envision the stakes of debates about justice, responsibility, crime, and punishment. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason." -- Todd Shepard * Johns Hopkins University *"Departing from venerable theoretical frameworks for comprehending the penal state and its actions, Geoffroy de Lagasnerie observes the contemporary criminal trial as a very different kind of drama, one centered on the violent relationship between the state and those who cannot escape it. A bracing combination of social theory and empirical observation." -- Jonathan S. Simon * Berkeley Law *

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Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index

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Book SynopsisWritten from the maxim “it takes a lawyer, an activist, and a storyteller to change the world", The Revolution Will Not Be Litigated shows how the law and social movements can reinforce each other in the struggle for justice and freedom. In these vibrant narratives, 25 of the world’s most accomplished movement lawyers and activists become storytellers, reflecting on their experiences at the frontlines of some of the most significant struggles of our time. In an era where human rights are under threat, their words offer both an inspiration and a compass for the way movements can use the law – and must sometimes break it – to bring about social justice. The contributors here take you into their worlds: Jennifer Robinson frantically orchestrating a protest outside London’s Ecuadorean embassy to prevent the authorities from arresting her client Julian Assange; Justin Hansford at the barricades during the protests over the murder of Black teenager Mike Brown in Ferguson, Missouri; Ghida Frangieh in Lebanon’s detention centres trying to access arrested protestors during the 2019 revolution; Pavel Chikov defending Pussy Riot and other abused prisoners in Russia; Ayisha Siddiqa, a shy Pakistani immigrant, discovering community in her new home while leading the 2019 youth climate strike in Manhattan; Greenpeace activist Kumi Naidoo on a rubber dinghy in stormy Arctic seas contemplating his mortality as he races to occupy an oil rig. The stories in The Revolution Will Not Be Litigated capture the complex, and often-awkward dance between legal reform and social change. They are more than compelling portraits of fascinating lives and work, they are revelatory: of generational transitions; of epochal change and apocalyptic anxiety; of the ethical dilemmas that define our age; and of how one can make a positive impact when the odds are stacked against you in a harsh world of climate crisis and ruthless globalization. Contributors: Phelister Abdalla, Alejandra Ancheita, Joe Athialy, Baher Azmy, Pavel Chikov, Ghida Frangieh, Njeri Gateru, Mark Gevisser, Robin Gorna, Justin Hansford, Mark Heywood, Benjamin Hoffman, David Hunter, Ka Hsaw Wa, Julia Lalla-Maharajh, Kumi Naidoo, Nana Ama Nketia-Quaidoo, Katie Redford, Jennifer Robinson, Ayisha Siddiqa, Eimear Sparks, Klementyna Suchanov, Marissa Vahlsing, Krystal Two Bulls, David Wicker, Farhana Yamin and JingJing Zhang.Trade Review“The law is no magic bullet when it comes to bringing about change, but if you understand its power as a tool, you can harness it to bring about the change yourself—especially if you do it with others as a movement. In this respect I have found The Revolution Will Not Be Litigated to be transformational.”—Jane Fonda “Every person in this book has spent their lives acting like the house is on fire and responding to the world’s most pressing problems with the urgency they deserve. But more than that, they are offering a roadmap for doing what is often considered to be impossible, but necessary. They are the true leaders that the world needs to listen to and follow.”—Greta Thunberg “These are the lawyers who give my profession a good name! They are also the movement leaders we all need to be listening to. They write with passion, joy and wisdom. The result is a collection of beautiful personal essays by powerful people who have figured out what it takes to shift power and win—often in ‘impossible’ situations and places.”—Van Jones “If you say you want a revolution, this stirring volume teaches what every human rights lawyer learns the hard way: lasting victories are only won through an ‘inside-outside’ game, where lawyers fight in court for what activists fight in the streets. The chapters take you on a dizzying tour d’horizon spanning Black Lives Matter, environmental justice, reproductive rights, global financial accountability, and AIDS action, unfolding on the streets of New York, labor camps in Burma, the Peruvian Amazon, India, Kenya, Xi’s China and Putin’s Russia. The stories are inspiring and the lessons bracing.”—Harold Hongju Koh, former Dean, Yale Law SchoolTable of ContentsSome Personal Reflections on People-Power and Legal Power: A Foreword, by Jane Fonda“It Takes A Lawyer, an Activist and a Storyteller”: An Introduction to this book, by Mark Gevisser Case Study – Human Rights: Doe vs UnocalThe Activist’s Perspective: The Revolution will not be Litigated, by Ka Hsaw WaThe Lawyer’s Perspective: It’s All About Power, by Katie Redford Lawyers on People PowerLawyering, Leadership and Learning Lessons: My Journey in the Black Lives Matter Movement, by Justin HansfordWho Owns The Streets?: The roots of the Movement for Black Lives in New York City’s ‘Stop and Frisk’ Case, by Baher AzmyFive Ways a Legal Strategy Can Help a Movement, by Baher Azmy‘The Law is Too Important to be Left in the Hands of Lawyers Alone’: Protecting Detainees during the Lebanese Uprising, by Ghida FrangiehFrom police torture to surveillance: What it means to be a “human rights lawyer” in Putin’s Russia, Pavel Chikov in conversation with Mark GevisserLaw, Information and Power: On Being Julian Assange’s Lawyer, by Jennifer RobinsonBuilding Spaces of Hope: Working for Indigenous Peoples’ Rights in Mexico, by Alejandra AncheitaThe River Brings Oil: Working for Indigenous Peoples’ Rights in the Peruvian Amazon, by Marissa Vahlsing and Benjamin HoffmanThe Path to Legal Empowerment: Holding China accountable for environmental pollution at home and abroad, by JingJing Zhang.The Decriminalisation of Homosexuality in Kenya, Njeri Gateru in conversation with Mark Gevisser. Case Study – Financial Accountability : The World BankThe Activist’s Perspective: From Narmada to Tata Mundra in India, by Joe AthialyThe Lawyer’s Perspective: Narrative Justice in the Global Financial Accountability Movement, by David Hunter Activists on Legal PowerJonny and Me: Three Decades of Debating ‘The Power of Law’ and ‘The Power of People’ with Jonathan Cooper OBE, by Robin GornaLearning from the South African AIDS Treatment Action Campaign: Rethinking law’s relationship with social justice movements, by Mark HeywoodShe Would Have Reproductive Justice”: A Story from Ireland’s Movement to Repeal the 8th Amendment – and the Ongoing Fight, by Eimear Sparks.The Rule of Law vs Poland’s Repressive ‘Law and Justice’ Regime, Klementyna Suchanow in conversation with Eimear SparksEnding Female Genital Cutting: What About the Law?, by Julia Lalla-Maharajh OBELaw and Stones: Sex Workers’ Rights in Kenya, by Phelister Abdalla A Community, its Abusive Chief, and the Role of the Law: The Story of Nwoase in Ghana, by Nana Ama Nketia-QuaidooStanding Up At Standing Rock: An Indigenous Warrior’s Experience, Krystal TwoBulls in conversation with Mark Gevisser and Katie Redford Case Study – Climate EmergencyThe Lawyer’s Perspective: Why the Climate Emergency Needs Lawyers to Break the Law, by Farhana YaminThe Veteran Activist’s Perspective: From Racial apartheid to Climate apartheid, Kumi Naidoo in conversation with Mark GevisserThe Youth Activist’s Perspective: On Being a Young Brown Woman on the Frontline, by Ayisha SiddiqaThe Conversation: The Youth Climate Justice Movement, David Wicker and others. Rules for Radical LawyersRules for Radical Lawyers: A Practical Primer, by Katie RedfordFrom IRAC to VISTA, by Katie Redford

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Book SynopsisThe Sunday Times bestsellerFull of hilarious and shocking stories, the Secret Barrister's memoir Nothing But The Truth tracks their transformation from hang 'em and flog 'em austerity-supporter to celebrated, campaigning, bestselling author.'Masterful, compassionate and hilarious' – Adam RutherfordIn a diary that takes us behind the scenes of their middling ambition, Nothing But The Truth charts an outsider's progress down the winding path towards practising at the Bar. By way of the painfully archaic traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, and the Hunger Games-style contest for pupillage - which most don't survive - here is the brilliant reality of being a frustrated junior barrister.With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts._____‘Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times‘Written with compassion, wit and intelligence’ – TLS‘Excellent . . . a cringe-inducing account of one barrister's travails' – The TelegraphNothing But The Truth was a Sunday Times besteller w/c 28.05.23Trade ReviewEntertaining and instructive . . . A gifted writer . . . The Secret Barrister's picaresque journey to barristerhood is served up with large helpings of humour * The Times *Wonderful and insightful . . . With compassion, wit and intelligence, the Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law * TLS *Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister’s travails * Telegraph *As entertaining as ever in this third foray into the courtroom * Radio Times *Eye-opening. The candour is, at times, breathtaking . . . it is both human and urgent . . . A no-holds-barred book that tells an unvarnished story of a broken system an the people who hold it together * Law Society's Gazette *As compelling and illuminating - and as full of gob-smacking stories - as its predecessors, it is also fascinatingly personal. Anyone thinking of a career in the law should certainly read it * Bookseller *

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Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

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Book SynopsisThis thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform.Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion.Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.Trade Review‘The overrepresentation of adults and children with neurodisability in our criminal justice systems is an issue that is both hidden and in plain sight. This book shines a light into all the crevices of this issue and points to pathways out of the darkness. It will resonate with anyone with professional involvement in the justice system.’ -- Dr Shelley Turner, Chief Social Worker, Forensicare, Australia‘Neurodisability may profoundly impact upon behaviour and cognition but remains invisible or misunderstood in many legal contexts. This volume is an essential resource for lawyers who represent people with neurodisability, advocates and judges. With rich, interdisciplinary research from international experts, the book addresses access to justice for people with conditions such as acquired brain injury, fetal alcohol syndrome and autism. The authors integrate recent insights on neurodisability with analysis of international legal developments to provide vital, concrete guidance for optimum advocacy. Many, many people and their advocates will benefit from this superb resource.’ -- Professor Kate Diesfeld JD, Auckland University of Technology, New Zealand'Neurodisability and the Criminal Justice System is a worthwhile book that will be very helpful to those who are working in the court system with cases that involve these difficult issues. The chapter authors are first rate and diverse giving a global perspective. It is the first book that should be consulted on the subject.' -- Judge Eugene M. Hyman, Superior Court of California, US, RetiredTable of ContentsContents: Foreword xi PART I UNDERSTANDING AND RESPONDING TO NEURODISABILITY 1 Neurodisability and the criminal justice system: a problem in search of a solution 3 Gaye Lansdell, Bernadette Saunders, Anna Eriksson 2 Neurodisability: A criminal law doctrine that is not pure insanity 14 Amanda Pustilnik 3 A public law model for cognitive-communication risk 34 Joe Wszalek 4 Access to justice and the Convention on the Rights of Persons with Disabilities (CRPD) – an Australian perspective 51 Penelope Weller PART II NEEDS OF YOUNG PEOPLE WITH NEURODISABILITY 5 Dismantling barriers to justice for children affected by neurodisability 73 Frances Sheahan, Nathan Hughes, Huw Williams, Prathiba Chitsabesan 6 Neurodisability and trauma in children and young people in contact with the law 92 Huw Williams, Leigh Schrieff, Nathan Hughes, James Tonks, Prathiba Chitsabesan, Hope Kent 7 Protecting vulnerable child defendants in England and Wales: a house of cards? 111 Shauneen Lambe and Kathryn Hollingsworth 8 Fetal alcohol spectrum disorder and the criminal justice system 136 Hayley Passmore and Sharynne Hamilton PART III RESPONSES TO NEURODISABILITY WITHIN THE CRIMINAL JUSTICE SYSTEM 9 What do lawyers really know about neurodisability? Confusion, obfuscation and dereliction of duty 154 Gaye Lansdell, Bernadette Saunders, Anna Eriksson, Rebecca Bunn 10 Towards dignity: better court pathways for people with lived experience of acquired brain injury 177 Magistrate Pauline Spencer 11 Neurodisability and the ‘revolving’ prison door: an international problem viewed through an Australian lens 196 Anna Eriksson, Bernadette Saunders, Gaye Lansdell 12 An interdisciplinary call for action 214 Bernadette Saunders, Anna Eriksson, Gaye Lansdell Index

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Book SynopsisHow Russians, the Rich and the Government Try to Prevent Free Speech and How to Stop Them.ESSENTIAL' Amal ClooneyAUTHORITATIVE' Sir Geoffrey Bindman KCIMPORTANT 'Baroness Helena Kennedy KCCOULD HARDLY BE MORE TIMELY' Alan RusbridgerThe British tradition of free speech is a myth. From the middle ages to the present, the law of defamation has worked to cover up misbehaviour by the rich and powerful, whose legal mercenaries intimidate investigative journalists.Now a new terror has been added through misguided judicial development of the laws of privacy, breach of confidence and data protection, to suppress the reporting of truths of public importance to tell.Drawing upon the author's unparalleled experience of defending journalists and editors in English and Commonwealth courtrooms over the past half-century, the book describes the hidden world of lawfare, in which authors struggle against unfair rules that put them always on the defensive and against a costs burden that runs to millions. Law schools do not teach freedom of speech and judges in the Supreme Court do not understand it.This book identifies and advocates the reforms that will be necessary before Britain can truly boast that it is a land of free speech, rather than a place where free speech can come very expensive.

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Book SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

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Book SynopsisIn 2003, when he was sixteen, Terrence Graham and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime.As shocking as Terrence''s sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. Today in this country, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities; they may be held in solitary confinement; and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America''s courts were subject to the death penalty; today, they still may be sentenced to die in prison - no matter what efforts they make to rehabilitate themselves. Trade ReviewConcluding with Drinan's suggested reforms to the juvenile justice system as it exists in America, The War on Kids accomplishes its stated ends. Drinan successfully articulates and explains, through the use of empirical data and real-world examples, the shortcomings of American juvenile justice. * Kamryn Gallardo, Journal of Youth and Adolescence *this book is highly recommended for readers who are interested in an accessible yet comprehensive book about the juvenile justice system in the U.S. * Rong Bai and Robert Fischer, Journal of Sociology & Social Welfare *This is a well-written book that conveys the harsh reality of criminal justice practices and legal doctrines in a way accessible to non-lawyers and the broader public. * Criminal Law and Criminal Justice Books *Table of ContentsIntroduction Chapter One: Pioneer to Pariah: The Arc of American Juvenile Justice Chapter Two: Crime as a Child's Destiny Chapter Three: Legal and Policy Paths to Juvenile Incarceration Chapter Four: Life While Down Chapter Five: Progress and Hope from the Nation's High Court Chapter Six: The Uneven and Unpredictable Path of Implementation Chapter Seven: A War for Kids

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Book SynopsisPredict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.Trade ReviewThe book reads like an encyclopedia of big data policing, supported by extremely rich empirical data in each of the coherently organized eight chapters...Grounded in solid fieldwork, this inspiring book provides far more than a case study of the police use of big data surveillance in LAPD. It provokes us to reflect the relationship among technology, policing, and our society. At a time when big data is increasingly penetrating our daily life, this book serves as a wake up call for those who are obsessed with technological solutions for social problems. Anyone interested in policing, big data, surveillance, criminal justice, and social control will benefit from reading this book. * Chen Shi, Asian Journal of Criminology *Predict and Surveil draws compellingly on the tools of ethnography to investigate the tools of big data. It reminds readers that data are inherently social and that ignoring the social processes through which data are collected, analyzed, and deployed risks extreme harms. * American Journal of Sociology *The author got access to observe the Los Angeles Police Department in operation and to see how "predictive policing" that relies on large-scale data collection and analysis actually works in practice. She reports that it opens the door to profiling individuals and neighborhoods, building detailed files on people who are not suspected of a crime, avoiding accountability through the use of outside contractors, increasing bias in sentencing, searching without a warrant, and other backward steps. * World Wide Work *excellent and timely book * Rachel Ferguson, The Library of Economics and Liberty *Table of ContentsAcknowledgements Abbreviations Chapter 1. Introduction: Policing Our Digital Traces Chapter 2. Policing by the Numbers: The Public History and Private Future of Police Data Chapter 3. Dragnet Surveillance: Our Incriminating Lives Chapter 4. Directed Surveillance: Predictive Policing and Quantified Risk Chapter 5. Police Pushback: When the Watcher Becomes the Watched Chapter 6. Coding Inequality: How the Use of Big Data Reduces, Obscures, and Amplifies Inequalities Chapter 7. Algorithmic Suspicion and Big Data: The Inadequacy of Law in the Digital Age Chapter 8. Conclusion: Big Data as Social Appendixes Notes Selected Bibliography Index

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Book SynopsisThe Oxford Handbook of Administrative Justice examines the wide range of scholarship exploring the administrative decisions made by public authorities that affect individual citizens and the mechanisms available for the provision of redress. The Handbook identifies and provides a survey of key transnational themes in administrative justice research, considers theoretical and methodological approaches to administrative justice, and provides a view of the future of administrative justice research. One aspect of administrative justice, namely the study of law and administration, is a core component of law school syllabuses and scholarly research around the world. For many public lawyers, this area of study has been focused heavily on legalistic redress systems (e.g. judicial review). Justice against administrations, however, is delivered through a much broader range of mechanisms than legalistic processes alone: fair initial decision-making procedures, internal review systems, ombuds, administrative tribunals/adjudication, and other institutions play a vital role. Despite their importance to modern governance across the globe (and to the lives of individual citizens), these broader aspects of administrative justice have been left relatively neglected and under-researched, and the Handbook represents a groundbreaking achievement in establishing administrative justice research as a vital and discrete area of study. The Oxford Handbook of Administrative Justice will be an essential resource for legal scholars and social scientists wishing to understand the complexity of this important field.Table of ContentsPreface Administrative Justice as a Field of Study Marc Hertogh, Richard Kirkham, Robert Thomas, and Joe Tomlinson Part I Institutions 1. Administrative Decision-Making on the Frontline Richard Martin 2. Internal Review Systems and Administrative Justice Tom Mullen 3. Administrative Adjudication: The United States is the Outlier Jeffrey S. Lubbers 4. Judicial Review and Administrative Justice T.T. Arvind, Simon Halliday, and Lindsay Stirton 5. The Ombud as a Chameleon: A Story of Adaptation to Different Administrative Cultures Richard Kirkham 6. Government Watchdog Agencies and Administrative Justice Anita Stuhmcke 7. Public Inquiries and Administrative Justice Fiona Donson and Darren O'Donovan 8. Oversight of the Administrative Justice System Sarah Nason 9. Delivering Administrative Justice: Implications for System Design Christopher Hodges Part II Social and Political Ideas 10. The Interactions of Administrative Justice and Constitutionalism Aziz Z. Huq 11. The Individual and Administrative Justice Naomi Creutzfeldt 12. Social Justice and Administrative Justice Jackie Gulland 13. Administrative Justice in Authoritarian States Eric C. Ip 14. Administrative Justice in the Transitional States Dacian C. Dragos 15. Rule of Law and Administrative Justice Yseult Marique Part III Socio-Legal Methods and Approaches 16. Historical Approaches to Administrative Justice Mark Hickford 17. Administrative Justice and Empirical Legal Research: Debunking the Ordinary Religion of Legal Instrumentalism Marc Hertogh 18. Models of Administrative Justice Jerry L. Mashaw 19. Administrative Justice in Street-Level Decision-Making: Equal Treatment and Responsiveness Nadine Raaphorst 20. Administrative Justice and Cultures of Rule Application Robert A. Kagan 21. Legal Consciousness and Administrative Justice David Cowan and Rosie Harding Part IV Digitalisation 22. Administrative Justice in a Digital World: Challenges and Solutions Paul Henman 23. Algorithmic Administrative Justice Steven M. Appel and Cary Coglianese 24. Digitalisation and Administrative Justice: An Access to Justice Perspective Lorne Sossin and Darin Thompson 25. Implementing Digitalisation in an Administrative Justice Context Jennifer Raso Part V Frontiers 26. Administrative Justice in the Private Sector Avishai Benish and Jérôme Pélisse 27. Administrative Justice and Codification Cora Hoexter 28. Collective Decision-Making and Administrative Justice Michael Sant'Ambrogio and Adam S. Zimmerman 29. Administrative Justice and Globalisation Giacinto della Cananea 30. The Future of Administrative Justice Michael Adler 31. Directions for Future Research on Administrative Justice Maurice Sunkin and Lee Marsons

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Book SynopsisLegal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a bulwark of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive''s power to detain that Blackstone called it no less than a second Magna Carta. The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court''s recognition during the War on Terror of the concept of a citizen enemy combatant. Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.Trade ReviewIt is a real achievement to encapsulate and illustrate these various themes and principles so concisely, enabling even the reader without any prior legal knowledge to gain an insight into the nature of what has long been celebrated as this "great palladium of the liberties of the subject". * Trevor Allan, Society *In this elegantly concise and concisely elegant volume, Amanda Tyler introduces readers to the privilege of the 'writ of habeas corpus'—one of the only individual liberties expressly enshrined in the original text of the US Constitution. In a tidy and terrific narrative, Tyler shows not just how an esoteric legal remedy came to be instrumental to the rule of law, but why it is incumbent upon all of us to fight to resurrect its historical role even as contemporary courts increasingly turn their backs. * Stephen I. Vladeck, Charles Alan Wright Chair in Federal Courts, University of Texas School of Law *Table of ContentsLists of Illustrations Acknowledgments Introduction 1: The English origins 2: The limits and potential of habeas corpus 3: Revolution 4: Habeas corpus comes to America 5: Habeas corpus in the early United States 6: Civil war and suspension 7: Reconstruction and expansion of the writ 8: World War II and the demise of the great writ 9: Habeas corpus today Conclusion References Further Reading Index

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Book SynopsisA much-needed corrective on what privacy is, why it matters, and how we can protect in an age when so many believe that the concept is dead.Everywhere we look, companies and governments are spying on us--seeking information about us and everyone we know. Ad networks monitor our web-surfing to send us more relevant ads. The NSA screens our communications for signs of radicalism. Schools track students'' emails to stop school shootings. Cameras guard every street corner and traffic light, and drones fly in our skies. Databases of human information are assembled for purposes of training artificial intelligence programs designed to predict everything from traffic patterns to the location of undocumented migrants. We''re even tracking ourselves, using personal electronics like Apple watches, Fitbits, and other gadgets that have made the quantified self a realistic possibility. As Facebook''s Mark Zuckerberg once put it, the Age of Privacy is over. But Zuckerberg and others who say privacy is dead are wrong. In Why Privacy Matters, Neil Richards explains that privacy isn''t dead, but rather up for grabs.Richards shows how the fight for privacy is a fight for power that will determine what our future will look like, and whether it will remain fair and free. If we want to build a digital society that is consistent with our hard-won social values--fairness, freedom, and sustainability--then we must make a meaningful commitment to privacy. Privacy matters because good privacy rules can promote the essential human values of identity, power, freedom, and trust. If we want to preserve our commitments to these precious yet fragile values, we will need privacy rules. After detailing why privacy remains so important, Richards considers strategies that can help us protect it privacy from the forces that are working to undermine it. Pithy and forceful, this is essential reading for anyone interested in a topic that sits at the center of so many current problems.Trade ReviewAuthor Neil Richards captures some very thought-provoking situations and his book is an exceptionally good read. While it is not an everyday 'how to' guide for practitioners who work in the relevant field, it can certainly help seasoned practitioners, newcomers to law or those who wish to explore the deeper meaning of privacy law understand why privacy may be about power. It helps those in law understand why their client may be worried about their data being misused or misappropriated, and what those who collect our data can do with it. By understanding why privacy matters, we can better understand how to assist those seeking our help. * Zainab Zaeem-Sattar, solicitor at Runnymede Law, London, The Law Society Gazette *This thought-provoking book may inspire us to explore many theoretical ways to address privacy issues as well as create general models of protecting privacy. It is indispensable for those who wish to know more about privacy both academically and practically. * Qian Li, Institute for Chinese Legal Modernization Studies, Nanjing Normal University, The Edinburgh Law Review *Neil Richards argues powerfully and eloquently about the importance of privacy in our lives and society. Insightful and nuanced, but also very accessible and clear, Why Privacy Matters is essential reading for anyone concerned about individual identity and freedom in a world where digital technologies are spinning out of control. * Daniel J. Solove, Professor of Law, George Washington University Law School, and author of Understanding Privacy *Why Privacy Matters is a terrific synthesis of the literature on privacy and surveillance. It is also an insightful contribution to our understanding of those profoundly important areas of life. Every page provides provocative grist for discussion. Richards's conception of 'the situated consumer' is especially valuable for helping scholars, policymakers, and citizens to think about the data-collection thicket that marks our twenty-first century. * Joseph Turow, Robert Lewis Shayon Professor of Media Systems and Industries, University of Pennsylvania, and author of The Voice Catchers: How Marketers Listen in to Exploit Your Feelings, Your Privacy, and Your Wallet *Privacy is not dead: it's the only power we have in an accelerating information society. Neil Richards offers us not just a clear-sighted defense of privacy but also a wise and humane set of guidelines for protecting it. Have the 'Privacy Conversation' with Richards; you will emerge enlightened—and even inspired—about the choices we face and the rules we still can make to govern the flow of our information. * Sarah E. Igo, Professor of History, Vanderbilt University, and author of The Known Citizen: A History of Privacy in Modern America *Neil Richards persuasively lays down precisely why we, humans, should and must continue to apply notions and standards of privacy and data protection—even in a seemingly all-surveilling world. While reinforcing the critical importance of current regulation, he provides timely reasoning as to why our societies and governments must equally and urgently apply energy to defining, evolving, and refining the rules that enable and maintain personal empowerment in this Information Age. This book nails the case for why 'privacy is dead' is a cop-out. * Helen Dixon, Data Protection Commissioner for Ireland *Table of ContentsIntroduction: The Privacy Conversation PART 1. HOW TO THINK ABOUT PRIVACY 1. What Privacy Is 2. A Theory of Privacy as Rules 3. What Privacy Isn't PART 2. THREE PRIVACY VALUES 4. Identity 5. Freedom 6. Protection 7. Conclusion: Why Privacy Matters Acknowledgments Notes Index

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Book SynopsisThis innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.Trade ReviewThe encounter and the confrontation that lie at the core of the book -or, if you prefer, the invisible frames that tie together these contributions by these international lawyers- constitute one of the most fascinating aspects of the book's hydrography. * Tommaso Soave, The American Journal of International Law *Table of ContentsIntroduction Section I. Social Cognition: Foregrounding Information Processing and Recontextualizing International Law 1: Moshe Hirsch: Social Cognitive Studies, Sociological Theory, and International Law 2: Anne van Aaken and Jan-Philip Elm: Framing in and Through Public International Law 3: Ingo Venzke: Cognitive Biases and International Law: What's the Point of Critique? 4: Jacob Livingston Slosser and5 Mikael Rask Madsen: Institutionally Embodied Law: Cognitive Linguistics and the Making of International Law 5: Tomer Broude: Prosociality, International Law, and Humanitarian Intervention 6: Jean d'Aspremont: A Worldly Law in a Legal World 7: Shiri Krebs: The Invisible Frames Affecting Wartime Investigations: Legal Epistemology, Metaphors, and Cognitive Biases 8: Margherita Melillo: Labels as the Visible Part of International Law's Invisible Frames: The Case of the Framework Convention on Tobacco Control as an 'Evidence-Based' Treaty Section II. Making Knowledge Production Visible: Structures, Actors, and Processes 9: Andrea Bianchi: Knowledge Production in International Law: Forces and Processes 10: Akbar Rasulov: The Discipline as a Field of Struggle: The Politics and Economics of Knowledge Production in International Law 11: Jan Klabbers: Reflections on the ITU: International Organizations as Epistemic Structures 12: Harlan Grant Cohen: Metaphors of International Law 13: Matthew Windsor: Counterstorytelling in International Economic Law 14: Eyal Benvenisti and Doreen Lustig: Revisiting the Memory of Solferino: Knowledge Production and the Laws of War 15: Tamar Megiddo: Knowledge Production, Big Data, and Data-Driven Customary International Law 16: Ana Luísa Bernardino: Going by the Book - What International Law Textbooks Teach Us Not To Learn

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Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX

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Book SynopsisTable of ContentsPART I. WHEN LAW FAILS; SECTION 1. THE LIMITS OF LEGAL PROTECTION; SECTION 2. WHAT LAW IS FOR; PART II. THE SEARCH FOR LAW; SECTION 3. THREE DILEMMAS OF SOCIAL ORGANIZATION; PART III. ACCESS TO JUSTICE: THE DEMAND FOR LAW AND LAW'S DEMANDS; SECTION 4. LINING UP AT THE DOOR OF LAW; SECTION 5. LAWYERS IN CIVIL CASES; SECTION 6. WHOSE LAW IS IT ANYWAY?; SECTION 7. WHO SPEAKS AND WHO IS HEARD: THE CONTINUING SIGNIFICANCE OF CLASS; PART IV. SEVERITY AND LENIENCY: ADMINISTERING A SYSTEM OF DISCRETIONARY JUSTICE; SECTION 8. FROM SEVERITY TO LENIENCY: PLEA BARGAINING AND THE POSSIBILITY OF JUSTICE; SECTION 9. LAWYERS IN CRIMINAL CASES; SECTION 10. JURIES IN CRIMINAL CASES: BIASED OR CONSCIENTIOUS JUDGMENT; SECTION 11. SENTENCING; PART V. ORGANIZING LAW'S VIOLENCE; SECTION 12. POLICING THE POLICE; SECTION 13. PUNISHMENT: IMPRISONMENT; SECTION 14. THE DEATH PENALTY: CONTROLLING JURIES/PREVENTING DISCRIMINATION; SECTION 15. THE FUTURE OF CAPITAL PUNISHMENT

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Book SynopsisThe concept of 'human dignity' has become central to politics, law and theology but is little understood. This book presents a wide-ranging collection of edited essays from specialists in law, theology, politics and history and seeks to define the main areas of current debates about the concept in these disciplines.Trade ReviewThe genesis of this truly remarkable collection of essays and papers ... [draws] together a stellar, multidisciplinary group including historians, legal academics, judges, political scientists, theologians and philosophers, to discuss the concept of human dignity from their various disciplinary perspectives ... It is that interdisciplinary flavour which gives the book its greatest strength * David Turner, QC, Ecclesiastical Law Journal *Understanding Human Dignity is a highly recommendable transdisciplinary book, which provides both a good overview and in depth analysis of contemporary debates about dignity. What makes it particularly valuable and enriching is the constant dialogue between theory and practice in mutually illuminating ways, where conceptual analyses of various ways of grounding and approaching dignity interact with analyses of a rich variety of concrete material from law cases or historical cases. * Iben Damgaard, Theologische Literaturzeitung *Table of ContentsPART I: HISTORICAL PERSPECTIVES ; PART II: DIGNITY CRITIQUES ; PART III: THEOLOGICAL PERSPECTIVES ; PART IV: PHILOSOPHICAL PERSPECTIVES ; PART V: JUDICIAL PERSPECTIVES ; PART VI: APPLICATIONS ; PART VII: WAYS FORWARD?

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Book SynopsisFrom President Bolsonaro''s openly racist, misogynist, and homophobic rhetoric in Brazil, to the politicisation of gender ideology leading to the rejection of a peace deal in Colombia and beyond, Latin America is home to right-against-rights movements that have grown in numbers, strength, and influence in recent years. New anti-rights groups are intent on blocking, rolling back, and reversing social movements'' legislative advances by obstructing justice and accountability processes and influencing politicians across the region. The Right against Rights in Latin America contains chapters that empirically explore the breadth, depth, and diversity of a new wave of anti-rights movements in Latin America. It details why they are fundamentally different from previous movements in the region, and perhaps more importantly why it is of vital importance that we study, analyse, and understand them in a global context.Table of Contents1: SIMÓN ESCOFFIER, LEIGH A. PAYNE, AND JULIA ZULVER: Introduction: The Right against Rights in Latin America 2: LEIGH A. PAYNE: The Right against Rights in Latin America: An Analytical Framework 3: VALENTINA SALVI: Families of Perpetrators Mobilising Against Human Rights Trials in Argentina 4: ELIZABETH S. CORREDOR: The Religious Right and Anti-Genderism in Colombia 5: SAMUEL RITHOLTZ AND MIGUEL MESQUITA: The Transnational Force of Anti-LGBTQI Politics in Latin America 6: ANDREZA ARUSKA DE SOUZA SANTOS: 'In the Name of the Family': The Evangelical Caucus and Rights Rollbacks in Brazil 7: GILLIAN KANE, MIRTA MORAGA, AND KIRAN STALLONE: Framejacking Rights Discourse to Undermine Latin American Multilateral Human Rights Institutions 8: SIMÓN ESCOFFIER AND LIETA VIVALDI: Why Anti-Abortion Movements Fail: The Case of Chile 9: NANCY R. TAPIAS TORRADO: The Violent Rollback of Indigenous and Environmental Rights: The Emblematic Case of Lenca Leader Berta Cáceres in Honduras 10: DEBBIE SHARNAK: Opposing Affirmative Action: Covert and Coded Challenges to Racial Equality in Uruguay 11: ANNA KRAUSOVA: Resisting Redistribution with Recognition: A Radical Neoliberal Countermovement in Santa Cruz, Bolivia 12: JULIA ZULVER AND LEIGH A. PAYNE: Righting Rights, Righting Wrongs: Final Reflections

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Book SynopsisTrade ReviewProfessor Koppelman offers a compromise that can satisfy both sides. * George W. Dent, Journal of Church and State *Andrew Koppelman is an essential voice for common sense and compromise in the bitter--and at this point, mostly unnecessary--fight between religious conservatives and the LGBT community. Both sides are here to stay, and they have to live with each other. Koppelman points the way and offers one possible solution. * Douglas Laycock, Robert E. Scott Distinguished Professor of Law,University of Virginia Law Schooland author ofReligious Liberty,VolumesI-V *Like everything Andrew Koppelman writes,Gay Rights vs. Religious Liberty? instructs, provokes, and scintillates. Koppelman packs his book with ideas and arguments that are like no one else's. He also happens to be right: a train wreck between gay rights and religious liberty is avoidable--if we act wisely and soon. * Jonathan Rauch, Senior Fellow, Brookings Institution and author of Gay Marriage:Why It Is Good for Gays, Good for Straights, and Good for America *Table of ContentsIntroduction 1. Liberals used to love religious freedom 2. But now they denounce it as a mere excuse for bigotry 3. Worsening the divisions that helped elect Trump 4. Discrimination law can tolerate exceptions 5. Free speech principles are barely relevant 6. "Religion always wins" rules are bad for religious liberty 7. A right to be weird is a good reason to give religion special treatment 8. The racism analogy is misleading 9. There are many ways to compromise Acknowledgments

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Book SynopsisTable of ContentsChapter 1: Introduction Part I: Targets of Ambition Chapter 2: Recognition Chapter 3: Money Chapter 4: Power Part II: Identity and Obstacles to Ambition Chapter 5: Gender Chapter 6: The Development of Ambition and the Role of Class, Race, Ethnicity, and National Origin Part III: Channeling Ambition Chapter 7: Families and Schools Chapter 8: Conclusion: Ambition for What? At What Cost Notes References Index

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Book SynopsisWorldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endangerhealth, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.Trade ReviewThis is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions. * Nigel Watson, Fortean Times *Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment. * Clay Calvert, Criminal Law and Criminal Justice Books *A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood. * Robert Post, Sterling Professor of Law, Yale Law School *An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment. * Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia *An insightful, balanced, and readable book, by one of America's leading legal scholars — whether you ultimately agree with its suggestions or not, you will learn much from its analysis. * Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law *Table of ContentsChapter 1: Lies and Falsehoods Chapter 2: A Framework Chapter 3: Ethics Chapter 4: Stolen Valor Chapter 5: Truth Chapter 6: Falsehoods Fly Chapter 7: Your Good Name Chapter 8: Harm Chapter 9: Truth Matters Appendix: Excerpts from Policies of Facebook, Twitter, and YouTube Acknowledgments

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Book SynopsisThe Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on therelationship between transnational law and legal practice.Trade ReviewTo map this bewildering and evolving legal terrain, we have long needed a thoughtful field guide. This Oxford Handbook provides it, richly and comprehensively detailing the foundations, fields, controversies, and methodologies that populate the myriad overlapping realms of transnational law and drive its vital, ongoing dialogues with legal practice, legal theory, and legal education. * Harold Hongju Koh, Sterling Professor of International Law and former Dean, Yale Law School, Legal Adviser (2009-13) and Assistant Secretary of State for Democracy, Human Rights and Labor (1998-2001), U.S. Department of State *Handbooks abound these days, but this is an especially valuable instance of the genre - a book that speaks lucidly and powerfully to our time. Amid so much talk of division and isolation, it reveals the inextricable entanglement of the histories of the Global North and Global South ... For those engaged in research and teaching in all areas of law, politics, social sciences and education, this book offers a welcome fillip - a pick-me-up for every bookshelf and syllabus to which readers are sure to find themselves returning, again and again. * Fleur Johns, Professor & Australian Research Council Future Fellow, Faculty of Law & Justice, UNSW Sydney *The Handbook will be a welcome and vital resource for anyone wishing to better understand the study of transnational law as well as the transnational study of law. It will serve as both a reservoir of existing knowledge and as an inspiration to the further development of this ever-changing field. * Christiana Ochoa, Professor of Law and Class of 1950 Herman B Wells Endowed Professor; Academic Director, Indiana University Mexico Gateway *Peer Zumbansen has pulled together a remarkably rich collection from an impressive group of scholars with an extraordinary breadth of perspective. I have no doubt that the Handbook's comprehensive treatment—the first of its kind and unparalleled in its ambition—will further define and shape this field, nudging the study of the transnationalization of legal doctrine and legal theory into the mainstream. * Austen Parrish, Dean and James H. Rudy Professor, Indiana University Bloomington *Illustrating the diversity of the subject, the authors effectively render the many nuances in the areas covered accessible to a wide readership. It is truly an amazing effort. * M Sornarajah, Emeritus Professor of Law, Faculty of Law, National University of Singapore *The Oxford Handbook of Transnational Law, edited by Peer Zumbansen, provides by far the most complete overlook on Transnational Law ever produced to this date. It covers an extensive variety of legal fields, within a solid theoretical framework and a welcomed insight into methodological issues. Make no mistake, this book is not designed only for those interested in international affairs or global transactions. It is a must read for everyone. * Benoît Frydman, Professor of Law, Université Libre de Bruxelles (ULB); President em., Perelman Centre for Legal Philosophy *Informed by an impressive wealth of knowledge and a wide range of perspectives and experiences, the contributors presented here have created a highly original and comprehensive compendium that encompasses the forms and functions, traditions and practices of transnational law. * Günter Frankenberg, Senior Professor, Goethe University, Frankfurt *This Handbook makes the case that transnational law should be understood as a project, as practice. In doing so, it demonstrates the relevance of transnational approaches to many legal sub-disciplines, and indeed to the understanding of law itself. * Simon Chesterman, Dean, National University of Singapore Faculty of Law *The Oxford Handbook of Transnational Law is a welcome, timely and notable contribution to an exciting and evolving field of law. The academic pedigree of the editor and contributors to the Handbook is most impressive: this is a talented and thoughtful collection of scholars who are respected leaders in the field. * Penelope Andrews, Professor of Law and Co-Director, Racial Justice Project, New York Law School; President, Law and Society Association *The 21st Century has witnessed the resurgence and refinement of ideas about "transnational law" as a family of approaches to the intertwined relations of domestic and international, local and global, public and private, state and non-state, and soft and hard law. Peer Zumbansen has been at the very forefront of this new scholarship for going on two decades, so it is only fitting that he has pulled together this ambitious new Oxford Handbook. It will be, from day one, an influential reference point of first recourse. * Craig Scott, Professor of Law, Osgoode Hall Law School *Table of ContentsPreface Acknowledgements I. Foundations 1. Transnational Law: Theories & Applications Peer Zumbansen 2. Normative and Legal Pluralism: A Global Perspective William Twining 3. Transnational Law and Economic Sociology Sabine Frerichs 4. Out of Sight: Transnational Legal Cultures Helge Dedek 5. The Post-Modern Normative Anxiety of Transnational Legal Studies Giulia Leonelli II. Fields 6. Transnational Constitutionalism Christopher Thornhill 7. Transnational Administrative Law Karl-Heinz Ladeur 8. Transnational Criminal Law Prabha Kotiswaran & Nicola Palmer 9. Transnational Health Law Aziza Ahmed 10. Recognizing Transnational Refugee Law Satvinder Juss 11. Transnational Climate Law Natasha Affolder 12. Transnational Food Law Matthew Canfield 13. International Investment Law as Transnational Law Nicolás Perrone 14. Transnational Antitrust Law Hannah L. Buxbaum 15. Transnational Mining Law Sara Seck 16. The Standardization of Oil and Gas Law: Transnational Layers of Governance Djakhongir Saidov 17. Law & Development Amanda Perry-Kessaris 18. Transnational Space Law Kevin Madders 19. Transnational Internet Law Chris Marsden 20. Transnational Commercial Law Shahla Ali 21. Transnational Arbitration Law Florian Grisel 22. Transnational Law and Conflict of Laws: A Japanese Perspective Dai Yokomizo 23. Transnational Sports Law Antoine Duval 24. Transnational Contract Law Klaas Hendrik Eller 25. Transnational Property Law Priya S. Gupta 26. Transnational Tort Law Cees van Dam 27. Transnational Family Law Claire Fenton-Glynn 28. Architects, Landscapers and Gardeners in the Transnational Futures of International Labour Law Adelle Blackett 29. Transnational Corporate Governance Dionysia Katelouzou & Peer Zumbansen 30. Transnational Art Law - Maps and Itineraries Vik Kanwar & Jaya Neupaney III. Legitimacy and Politics of Transnational Regulatory Governance 31. Transnational Migration Law: Authority, Contestation, Decolonization Sara Dehm 32. Contextualization as a (Feminist) Method for Transnational Legal Practice Farnush Ghadery 33. Queering the Transnational: Law and Sexuality Dipika Jain 34. The Social Question in a Transnational Context Alexander Somek 35. The Problem of the Enterprise and the Enterprise of Law: Multinational Enterprises as Polycentric Transnational Regulatory Space Larry Catá Backer 36. Reclaiming Sovereignty: Resistance to Transnational Authority and the Investor-State Regime A. Claire Cutler 37. Transnational Sustainability Governance and the Law Phillip Paiement 38. Terrorism and Transnational Law: Rules of Law Under Conditions of Globalization Cian C. Murphy 39. Democracy and Human Rights Adjudication in the Inter-American Legal Space Rene Urueña 40. The Global Governance Implications of Private International Law Horatia Muir Watt 41. Stakes of the Right to Food in the Politics of Transnational Law Naoyuki Okano 42. Climate Change Governance, International Relations and Politics: A Transnational Law Perspective Stephen Minas 43. Global Social Indicators and their Legitimacy in Transnational Law Mathias Siems & David Nelken IV. Methodologies: Challenges and Approaches 44. Transnational Law and Legal Positivism Michael Giudice & Eric Scarffe 45. With, Within, and Beyond the State: The Promise and Limits of Transnational Legal Ordering Gregory Shaffer & Terence Halliday 46. Transnational Law and Feminist Legal Theory Ratna Kapur 47 Transnational Law and the Ethnography of Corporate Social Responsibility Laura Knöpfel 48. Transnational Law and Literatures: A Postcolonial Perspective Amanda Lagji 49. Representing Transnational Law: Drone Warfare and Transnational Legal Text Jothie Rajah V. The Transnational Legal Profession and Legal Education 50. Beyond Borders and Across Legal Traditions: The Transnationalization of Latin American Lawyers Manuel A. Gómez 51. 'Africa Needs Many Lawyers Trained for the Need of their Peoples' Struggles over Legal Education in Kwame Nkrumah's Ghana John Harrington & Ambreena Manji 52. Transnational Legal Education in China Stephen Minas 53. Transnational Legal Education Eve Darian-Smith

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Book SynopsisFederal prosecutors have immense power and discretion to decide when to bring criminal charges, what plea bargains to offer, and how to implement the federal government''s legal priorities in their districts. While U.S. Attorneys take pains to emphasize their independence, we know relatively little about the extent to which politics colors federal prosecutorial staffing and decision making. The Politics of Federal Prosecution draws upon a wealth of data from 1990s to the present to examine the interplay of political factors and federal prosecution. First, the authors find that congressional and presidential politics affect who becomes federal prosecutors and how long those individuals serve. Second, the book demonstrates that signals of presidential and congressional preferences, along with local priorities, affect key prosecutorial decisions: whether to bring prosecutions, how to approach plea bargaining negotiations, and when to utilize criminal asset forfeiture to cripple criminal activities. In short, the book demonstrates that politics affects the behavior of U.S. Attorneys at nearly every stage of their service.Trade ReviewThe Politics of Federal Prosecution is an impressive piece of research. The authors' extensive evidence and compelling results disrupt fantasies of independent, isolated, or apolitical federal prosecutors. It will serve to instruct readers unfamiliar with USAs and the political climate in which they operate, while inspiring future work in judicial politics and bureaucratic control. * Lauren Mattioli, Boston University, Congress & the Presidency *Table of ContentsAcknowledgements Chapter 1 Introduction Chapter 2 Federal Prosecution Yesterday and Today Chapter 3 Confirming U.S. Attorneys Chapter 4 Departures & Removals Chapter 5 Theorizing Political Responsiveness in Prosecutorial Decision Making Chapter 6 To Prosecute or Not: Prosecutors as Agenda Setters Chapter 7 The Charging & Bargaining Decisions Chapter 8 Criminal Asset Forfeiture as a Political Tool Chapter 9 Conclusion: The Political Prosecutor Today and Tomorrow

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Book SynopsisOn both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally.In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state.Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security.The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security''s online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.Table of ContentsPreface List of Contributors Acknowledgments I. Introduction - Confronting the Color Line in National Security, Matiangai Sirleaf II. Why Race & National Security? 1. Beyond Color-Blind National Security Law, James Gathii 2. "Viral Convergence": Interconnected Pandemics as Portal to Racial Justice, Catherine Powell 3. National Security Law and the Originalist Myth, Aziz Rana III. Race & the Scope of National Security 4. Black Security and the Conundrum of Policing, Monica Bell 5. Carceral Secrecy and (In)Security, Andrea Armstrong 6. The Border Called My Skin, Jaya Ramji-Nogales IV. Race & the Boomerang Effect of National and Transnational Security 7. Militarized Biometric Data Colonialism, Margaret Hu 8. Extending the Logic of Defund to America's Endless Wars, Asli Bâli 9. Extrajudicial Executions from the United States to Palestine, Noura Erakat V. Comparative and International Perspectives on Race & National Security 10. Racial Transitional Justice in the United States, Yuvraj Joshi 11. Black Guilt, White Guilt at the International Criminal Court, Rachel López 12. The UN Cannot Rest on Past Laurels: The Time for Courageous Leadership on Anti-Black Racism is Now, Adelle Blackett VI. Conclusion - Reforming, Transforming and Radically Imagining National Security, Matiangai Sirleaf

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Book SynopsisThis book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests overTable of ContentsChapter 1: Introduction Chapter 2: Methods Chapter 3: A Health Right By Any Other Name: Expression in Statute Chapter 4: A Health Right By Any Other Name: Expression in Caselaw Chapter 5: Health Impact Assessments as a Negative Right to Health Chapter 6: How Reinsurance is a Right Chapter 7: Health Reinsurance as an Affirmative Right to Health Chapter 8: Epilogue

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Book SynopsisTrade ReviewThe Myth of the Community Fix takes its reader deep into the guts of youth criminal reform that transfers justice to counties which in turn subcontract it to private foundations and operators. We discover how, in the name of "reform," administrative devolution translates into increased punishment, reduced rights, continuing abuse, and public irresponsibility while reinforcing individualized conceptions of crime. Cate makes an original contribution to the sociology of the penal state that is sure to stimulate further research and public debate. * Loïc Wacquant, author of Punishing the Poor and The Invention of the "Underclass" *The Myth of the Community Fix is a crucial and timely intervention in the criminal justice reform conversation in the United States. Cate uniquely analyzes juvenile justice policy alongside trends in the US political economy. The case studies of popular bipartisan reforms in California, Pennsylvania, and Texas reveal that our long-term disinvestment in public goods leads local governments and community-based organizations to maintain or expand carceral capacity in the name of reform. This book challenges anyone concerned about mass incarceration to craft solutions that disrupt punitive political culture rather than reinforce the status quo. * Heather Schoenfeld, author of Building the Prison State *Sarah Cate's rich analysis shows how the community-control movement in juvenile justice reproduced the same problems of state-based institutions, but with even less political accountability. Situating juvenile justice reform within transformations in American political economy, such as privatization and welfare retrenchment, Cate reveals that devolution of juvenile institutions from state to county level control has been part of, not an alternative to, divestment from the public sector. This book is a devastating indictment of community-control models and a call to action for meaningful investment in public goods. * Lisa Miller, author of The Myth of Mob Rule *It is recommended for libraries serving departments of political science, social work, and sociology. * Choice *Table of ContentsIntroduction: The Limits of the Community-Based Reform Movement: Evidence from Pennsylvania, California and Texas Chapter 1: Abandoning Public Goods: The Turn to Community in the Context of Inequality Chapter 2: Devolution, Not Decarceration: Expanding Punishment Closer to Home Chapter 3: Privatizing Punishment: Consequences of Foundation-Led Policymaking Chapter 4: The Individual Focus: The Limits of Behavioral Solutions to Structural Problems Chapter 5: Still Punitive: Rationalizing Punishment for the 'Worst of the Worst' Conclusion: Bringing Public Goods Back In References Index

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Book SynopsisA timely defense of affirmative action policies that offers a more nuanced understanding of how centuries of invidious racism, discrimination, and segregation in the United States led to and justifies such policies from both a moral and constitutional perspective.Since 1961, the issue of affirmative action has been a hotly contested legal and political issue. Intended to address our nation''s often horrifying discrimination against Black Americans and other minorities, affirmative action has led over the past sixty years to far greater minority representation across a vast range of industries, government positions, and academic institutions. Nonetheless, affirmative action policies in the United States continue to fall under assault. In A Legacy of Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of America''s leading constitutional scholars, trace the policy''s history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirTrade ReviewIn this brilliant history and reassessment of our still unfinished journey of race, two of America's most perceptive students of that history and its legal dimensions, President Lee Bollinger of Columbia University and Professor Geoffrey Stone, formerly Dean of the Chicago Law School, put the long-simmering affirmative action debate in its urgent current context and reframe that debate in terms more faithful to what is truly at stake. Anyone concerned about our nation's fate must read what these two chroniclers of our past and prognosticators of our future have to say. * Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law Emeritus, Harvard Law School *This brilliant and timely book by two of America's greatest educators powerfully resurfaces the original, moral rationale for Affirmative Action: racial justice. It's a startlingly fresh and clarifying book that more than any writing I have seen, roots the discussion of Affirmative Action in basic truths about American history and society. It will change the landscape of these debates, and, as the Supreme Court, with a conservative majority, visits this issue yet again, this is the book to read. * Claude Steele, Lucie Sterns Professor Emeritus of Psychology, Stanford University *A vital text for our national discourse on race and higher education, A Legacy of Discrimination will grant those unfamiliar with affirmative action's history a rigorously clear accounting of its past and current outcomes and instill all readers with a greater understanding of its potential to remedy systemic racial injustice. * Elizabeth Alexander, President, Mellon Foundation *An important book, one that goes to fundamentals. Bollinger and Stone urge that all of us—including the Supreme Court—should see affirmative action as a legitimate response to a legacy of discrimination. Timely, bold, and terrific. * Cass Sunstein, Robert Walmsley University Professor, Harvard University *It is not surprising that Bollinger and Stone—two widely-respected legal scholars with deep expertise in higher education—have written a clear and insightful book that lays out a strong case for affirmative action as a much-needed remedy to achieve racial justice. This book is for legal scholars, policy practitioners, higher education leaders, and anyone with an interest in the history and consequences of the legacy of racial discrimination in the United States. * Christina H. Paxson, President, Brown University *Though a relatively short book, Legacy provides essential historical background to this critical moment in race jurisprudence, making it a great book for learning more about the court, American racism, and affirmative action policy. * Choice *Table of ContentsAcknowledgments Introduction Chapter One: The Long Journey to Affirmative Action Chapter Two: Affirmative Action: Cases and Policies Chapter Three: The Unfinished Journey: The State of Race in American Society Today Chapter Four: The Necessity of Both a Social and a Judicial Reckoning on Race Notes Index

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Book SynopsisShaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medicTrade ReviewShaping the Normative Landscape is bound to shape the philosophical landscape, by contributing to particular philosophical debates and by introducing a new and exciting proposal about how we should understand our normative environment. * Alida Liberman, Ethics *Shaping the Normative Landscape does two important things. First, it shows how these two general approaches can be reconciled. Second, it shows that some intractable difficulties across a wide range of normative phenomena have both an underlying unity and elegant solution. More importantly, the solution itself is intuitively appealing. * Erin Taylor, Notre Dame Philosophical Reviews *Changes one's view of an important subject. * Allan Gibbard, The Times Literary Supplement *ambitious, instructive and sophisticated * Gerald Lang, Analysis *Table of ContentsINTRODUCTION; PART ONE: INTERESTS; PART TWO: POWERS; PART THREE: PRACTICES

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Book SynopsisFocusing on a time of profound social and political change, this book offers a detailed and engaging history of policing, covering the key themes of social stability, professionalisation and police reform, as well as the major events between 1974 and 2008 such as the Miners' Strike of 1984.Trade Reviewfacinating reading, offering a perspective on contemporary social history that is almost unique, the book is a boon to researchers in this field as well as general readers. * Phillip Taylor MBE, Richmond Green Chambers *Brain's subtle and considered professional overview of the police and its practices over 35 years directly confronts some of the most challenging scenes of the rule of law in a modern democracy and the relationship of the police with politicians, the media and the public. * The Times The Review May 2010 *Table of ContentsI. 1974 ; II. The Struggle for Stability: 1975-1979 ; III. Fracture: 1980-1985 ; IV. 'A bloody good hiding': 1985 ; V. Nadir: 1986-1989 ; VI. The Crucible of Recovery: 1989-1990 ; VII. Police Reform 1 - the Conservatives: 1991-1993 ; VIII. Police Reform 2 - the Conservatives: 1993-1997 ; IX. New Labour and the police: 1997-2001 ; X. Police reform revived: 2001-2005 ; XI. Damocles unbound: 2005-2007 ; XII. A tale of two winters: 2007-2009 ; XIII. Reflection

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Book SynopsisProviding an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart''s The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people''s behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan''s approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how lTable of Contents1. Setting the bounds of law in modern society ; 2. Approaches to law in society ; 3. Law as social rules ; 4. Law prior to rules ; 5. Law as a system of rules ; 6. Social spheres ; 7. The reception of law ; 8. Law and coercion ; 9. Legal pluralism: parallel legal orders ; 10. Extended legal pluralism: informal legal orders ; 11. Does law have social functions? ; 12. The social value of law ; 13. Forms of modern legal orders ; 14. Social foundations of modern legal form ; 15. Implementation and the architecture of law ; 16. Implementation: the legal and social environment ; 17. Change through the law: the contours of compliance

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Book SynopsisPoor Justice: How the Poor Fare in the Courts provides a vivid and informative account of what happens when the legal system decides cases in areas crucial to the poor''s economic and social well-being, including government benefits, child welfare, homelessness, the mental health system, education, and the criminal justice system. Drawing from court room observations, court decisions and supplementary legal and case materials, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration hPoor Justice: How the Poor Fare in the Courts provides a vivid portrait and appraisal of how the lives of poor people are disrupted or helped by the judicial system, from the lowest to the highest courts. Drawing from court room observations, court decisions, and other material, this book spans the street level justice of administrative hearings and lower courts (where people plead for welfare benefits or for a child not to be taken away), the mid-level justice of state courts (where advocates argue for the right to shelter for the homeless and for the rights of the mentally disabled), and the high justice of the Supreme Court (where the battle for school integration has represented a route out of poverty and the stop and frisk cases illustrate a route to greater poverty, through the mass incarceration of people of color). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help - and often fail - the poor.as represented a route out of poverty). Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it. It seeks to both edify and criticize. Readers will learn not only how courts work, but also how courts sometimes help, but often fail, the poor.Trade ReviewPoor Justice is one of those rare books that is not only a riveting read, but also makes an important scholarly contribution. Vicki Lens's clear and engaging writing provides readers with a sobering analysis of how marginalized groups fare in the U.S. legal system. As a former legal services lawyer and social scientist, Vicki Lens shares an insider's knowledge with an outsider's critical eye. * Corey Shdaimah, PhD, LLM, Associate Professor, University of Maryland School of Social Work *Lens draws upon her rich experiences as a lawyer, social worker, and ground-level researcher to illuminate the daily experiences of people without income in the courts. Like almost no one else, she knows unglamorous but essential corners of law, including welfare hearings, commitment proceedings for people with mental disabilities, and family courts. This text is a fine primer on law for the poor - and on the uses and limits of all kinds of law. * Felicia Kornbluh, PhD, MA, Director of Gender, Sexuality, and Women's Studies and Associate Professor of History, University of Vermont *Vicki Lens provides an insider's human perspective on how the courts can in fact work for the least advantaged in our society. Poor Justice deftly combines ethnographic detail of courtroom drama with legal analysis and political critique. It makes for compelling reading and important scholarship about how the courts do indeed offer some basis for hope. This book deserves wide readership by students, scholars, policymakers, and citizens alike. * Sanford Schram, PhD, MA, Professor of Political Science, Hunter College, CUNY *Professor Lens has written a scholarly and immensely readable analysis of justice - actually the lack of justice - for poor Americans. It is a powerful and irresistible call to action. * Robert Hayes, JD, Founder, National Coalition for the Homeless; President and CEO, Community Healthcare Network *Table of ContentsIntroduction Part I: Street Level Justice One: The Rules of Engagement Two: Welfare Fair Hearings Three: Child Maltreatment Proceedings Four: The Justice of Street Level Justice Part II: Justice for the Many: Social Reform Litigation Five: Courts as a Catalyst for Social Change Six: Protecting or Coercing Persons with Mental Disabilities Seven: Legal Advocacy for the Homeless Eight: The Justice of Social Reform Litigation Part III: High Justice: The Supreme Court Nine: The Supreme Court Ten: Race, Education and the Constitution Eleven: Criminal Justice and Racial Profiling Twelve: The High Justice of the Supreme Court Conclusion References Index

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Book SynopsisModern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume, Niklas Luhmann, the theory''s leading exponent, explores its implications for our understanding of law.Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. He lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and in particular of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other.In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other socialTable of ContentsPreface ; Introduction ; 1. The Location of Legal Theory ; 2. The Operative Closure of the Legal System ; 3. The Function of Law ; 4. Coding and Programming ; 5. Justice: a Formula for Contingency ; 6. The Evolution of Law ; 7. The Position of Courts in the Legal System ; 8. Legal Argumentation ; 9. Politics and Law ; 10. Structural Couplings ; 11. The Self-description of the Legal System ; 12. Society and its Law ; Index

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Book SynopsisEncapsulating new policing developments under the Coalition, this book examines the major reform proposals and reports brought in since May 2010, including the Winsor Report, and analyses what these changes mean for the future of policing in England and Wales.Trade ReviewThere is much to be gained from a close reading of Brain's book, not least a deeper understanding of the contours of recent developments in policing in recent decades. As a former chief constable with academic credentials, Brain writes with authority and insider status. The certainty that characterises many senior police officers is evident, balanced with academic rigour and good style. The book, I predict, will be valued as much as a history and analysis of the present as a forecast of possible futures. * Rob C. Mawby, The Howard Journal of Criminal Justice *Table of Contents1. Policing 2010: Labour's legacy ; 2. 'The Big Society': Conservative Political Philosophy and its Implications for Policing ; 3. Where Did it Go Wrong? The Police and the Conservatives ; 4. Armageddon or Necessary Readjustment: Police Finances and the Coalition ; 5. Reform or Politicization? The Coalition and Police Constitutional Change ; 6. The New Police Landscape: Pay, Conditions and Pensions ; 7. The New Police Landscape: Organization ; 8. The Policing Environment: Politics, Society, Economics and their Implications for Policing ; 9. Operational Policing: Crime, Antisocial Behaviour, Disorder and Confidence ; 10. A Future for Policing?

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Book SynopsisLabour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the informal sector. These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent yeTrade ReviewThe idea of labour law features 25 contributions from 29 leading experts in the field who challenge, in different ways, the way we think about labour law. All of the chapters are informative and thought-provoking. Several are outstanding...Following a useful introduction by the editors, the books successive chapters provide a wealth of information and analysis. * Anne Trebilcock, International Labour Review *The Idea of Labour Law is something too important to be left to lawyers alone; so I hope this edited collection is read by a wide audience in employment relations. * Aaron Rathmell (Barrister) Journal of Industrial Relations *This book, of twenty-five chapters by thirty authors, is packed with information, insight, argument, and angst. These chapters variously cry grief and despair, call for fundamental reformulation, suggest a less radical range for adaptation and growth, or express sobering cautions even as they echo the last suggestion. * Matthew W. Finkin, Comparative Labour Law & Policy Journal *Table of ContentsUnderstanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come? ; THE IDEA OF LABOUR LAW IN HISTORICAL CONTEXT ; 1. Labour Law After Labour ; 2. Factors Influencing the Making and Transformation of Labour Law in Europe ; 3. Re-Inventing Labour Law? ; 4. Hugo Sinzheimer and the Constitutional Function of Labour Law ; 5. Global Conceptualizations and Local Constructions on the Idea of Labour Law ; 6. The Idea of the Idea of Labour Law: A Parable ; NORMATIVE FOUNDATIONS OF THE IDEA OF LABOUR LAW ; 7. Labour Law's Theory of Justice ; 8. Labour as a 'Fictive Commodity': Radically Reconceptualizing Labour Law ; 9. Theories of Rights as Justifications for Labour Law ; 10. The Contribution of Labour Law to Economic and Human Development ; NORMATIVE FOUNDATIONS AND LEGAL IDEAS: RETHINKING EXISTING STRUCTURES ; 11. Re-Matching Labour Laws with Their Purpose ; 12. The Legal Characterization of Personal Work Relations and the Idea of Labour Law ; 13. Ideas of Labour Law - Views From the South ; 14. Informal Employment and the Challenges for Labour Law ; 15. The Impossibility of Work Law ; 16. Procurement Law to Enforce Labour Standards ; 17. Labor Activism in Local Politics: From CBAs to 'CBAs' and Beyond ; NEW LABOUR LAW IDEAS: RETHINKING EXISTING BOUNDARIES ; 18. The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work ; 19. The Third Function of Labor Law: Distributing Labor Market Opportunities Among Workers ; 20. Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity ; 21. From Conflict to Regulation: The Transformative Function of Labour Law ; NEW IDEAS OF LABOUR LAW FROM AN INTERNATIONAL PERSPECTIVE ; 22. Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership ; 23. Flexible Bureaucracies in Labor Market Regulation ; 24. Collective Exit Strategies: New Ideas in Transnational Labour Law ; 25. Emancipation in the Idea of Labour Law: Commoditization, Resistance and Distributive Justice beyond borders

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Book SynopsisDemonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Trade Review"Posner has provided an intellectual history of a concept, 'legalism,' as well as what could be considered the sociology of a profession." (Journal of International Law and Politics) "A spirited attack on 'excessive faith in the efficiency of international law.' " (Foreign Affairs)"

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Book SynopsisDemonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.Trade Review"Posner has provided an intellectual history of a concept, 'legalism,' as well as what could be considered the sociology of a profession." (Journal of International Law and Politics) "A spirited attack on 'excessive faith in the efficiency of international law.' " (Foreign Affairs)"

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Book SynopsisA portrait of the lawyers who serve the diverse constituencies of the conservative movement. It explains what unites and divides lawyers for the three major groups - social conservatives, libertarians, and business advocates - that have coalesced in decades behind the Republican Party.Trade Review"Presenting her subjects straightforwardly, without making judgments about the issues that they and their organizations support, Ann Southworth rejects the notion that the lawyers for the right are less deserving than lawyers for the left of the 'cause lawyer' title. The topic is fascinating. Southworth's portraits and analyses of the various parties, especially the mediators of the Federalist Society and the Heritage Foundation, are illuminating. And the tone is just right." - Bryant Garth, Southwestern Law School"

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Book SynopsisA portrait of the lawyers who serve the diverse constituencies of the conservative movement. It explains what unites and divides lawyers for the three major groups - social conservatives, libertarians, and business advocates - that have coalesced in recent decades behind the Republican Party.Trade Review"Presenting her subjects straight-forwardly, without making judgments about the issues that they and their organizations support, Ann Southworth rejects the notion that the lawyers for the right are less deserving than lawyers for the left of the 'cause lawyer' title. The topic is fascinating. Southworth's portraits and analyses of the various parties, especially the mediators of the Federalist Society and the Heritage Foundation, are illuminating. And the tone is just right." - Bryant Garth, Southwestern Law School"

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Book SynopsisOn the surface, law schools today are thriving. Enrollments are on the rise, and their resources are often the envy of every other university department. Yet behind the flourishing facade, law schools are failing abjectly. This resource is suitable for assessing what's wrong with law schools and figuring out how to fix them.Trade Review"Even those who disagree with Brian Z. Tamanaha and challenge his analyses will be participating in a conversation shaped by his contentions. Failing Law Schools presents a comprehensive case for the negative side of the legal education debate, and I am sure that many legal academics and every law school dean will be talking about it." (Stanley Fish, Florida International University College of Law)"

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Book SynopsisTrade Review"Elaine Craig offers a compelling, timely, and empirically rigorous indictment of Canadian legal professionals for their collective failure to act lawfully and ethically towards complainants in sexual assault cases." Canadian Journal of Law & Society"This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims." Quill & Quire"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe and Mail

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Book SynopsisA comprehensive study of Bedouin law, including oral, pre-modern law. It shows how a nomadic desert-dwelling society provides for its own law and order in the traditional absence of any centralized authority or enforcement agency to protect it.Trade Review“Clinton Bailey is an extraordinary master of Bedouin culture, bringing to us the beauty of Bedouin poetry and way of life. Now he has turned to a subject of equal fascination: Bedouin law, fashioned from the traditions of nomadic life and a keen sense of justice. Bailey’s book has deep meaning for anyone interested in distant cultures and in how the concept of law develops in a society.”—Anthony Lewis, author of Freedom for the Thought That We Hate: A Biography of the First Amendment -- Anthony Lewis“Bailey confronts a central issue in Bedouin life: the ability to survive without a government and maintain legal traditions that contribute to social stability. There is no other comprehensive study in English that analyzes this phenomenon as thoroughly as Bailey’s.”—Ernest S. Frerichs, Brown University -- Ernest S. Frerichs"Bailey's book is not only original, but extremely important, as it broadens the range of literature available on the Bedouin."—Benjamin Saidel, East Carolina University -- Benjamin Saidel

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Book SynopsisNot just for lawyers, these illuminating histories of popular law-related expressions will delight anyone fascinated by words, by history, or by law and law enforcementTrade Review"Lawtalk combines enormous erudition with loads of levity-the result being a compulsively browsable book that will leave readers wordly-wise."—Bryan A. Garner, President, LawProse, Inc., Editor in Chief, Black's Law Dictionary -- Bryan A. Garner"A genuine contribution in an area where precious little exists. Extraordinarily original and of even more extraordinary scholarship, truly erudite, researched and sourced. I would run to buy it." --Roger Newman, editor of The Yale Biographical Dictionary of American Law. -- Roger Newman“This imaginative book will enlighten and amuse not only lawyers, but anyone who thinks about law, talks about law, or has to deal with law—that is to say, all of us,”—Linda Greenhouse, author of Becoming Justice Blackmun -- Linda Greenhouse"The language of the law is endlessly colorful, sometimes quite literally so: think of blue laws, green cards, blackmail and white-shoe firms. Finally we have an authoritative reference for all these terms and many more, written in a highly engaging style. Even if you're a shyster who couldn't indict a ham sandwich, at least now you'll know where those expressions came from."—Ben Zimmer, executive producer of VisualThesaurus.com and Vocabulary.com. -- Ben Zimmer“Lawtalk is not just entertaining, but also quite educational. Lawyers, judges, and lay people interested in the workings of the legal system can learn a great deal from it,”—Peter Tiersma, Loyola Law School, Los Angeles. -- Peter Tiersma“Well-researched and entertaining...a skillful mix of scholarship and readability...extensively documented with social, cultural, historic, and, of course, legal sources.”—Joan Pedzich, Library Journal -- Joan Pedzich * Library Journal *"Lawtalk is serious scholarship . . . leavened with wry wit and a snappy style of writing that keeps one turning pages both to discover more and to smile more."—JoAnn Baca, The Federal Lawyer -- JoAnn Baca * The Federal Lawyer *"Elegant, deliciously detailed, and authoritative . . . demonstrate[s] that learning can be fun."—Glenn C. Altschuler, Huffington Post -- Glenn C. Altschuler * Huffington Post *“Lively and entertaining . . . fascinating . . . a gem of a book . . . well-documented and well-researched . . . Lawtalk yields a multitude of interesting and amusing tidbits.”—Donna M. Fisher, AALL Spectrum (American Association of Law Libraries) -- Donna M. Fisher * AALL Spectrum *“Insightful and entertaining”—Spartanburg Herald Journal * Spartanburg Herald Journal *“Fun and well-researched.”—Howard Shapiro, Philadelphia Inquirer -- Howard Shapiro * Philadelphia Inquirer *"A group of distinguished professorial lawyers . . . tell us the history and meaning of lawyer talk.”—Jacob Stein, Washington Lawyer * Washington Lawyer *"Very well researched and comprehensive. . .The history behind each phrase is fascinating. . .Provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now."—Law Actually blog * Law Actually blog *“[Lawtalk] would be a treasured newcomer to any bookshelf and provides an enlightening insight into the countless pieces of ‘legalese’ to which we are all exposed daily, but have had little reason to question - until now.”—Law Actually * Law Actually *“Insightful . . . [and] as entertaining as it is enlightening.”—John G. Browning, Southeast Texas Record -- John G. Browning * Southeast Texas Record *"A witty, informative collection . . . In a refreshingly candid manner, Lawtalk explores race, gender, and class issues associated with the evolution of commonly used phrases . . . Amusing, enlightening, and authoritative, this well-researched mini-reference is something readers will return to repeatedly."—Danielle Ochs-Tillotson, California Lawyer * California Lawyer *“Lawtalk stands apart from many popular works on word origins for the academic rigor underpinning its accessibility.”—Rebecca Shapiro, Dictionaries: Journal of the Dictionary Society of North America -- Rebecca Shapiro * Dictionaries: Journal of the Dictionary Society of North America *

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Book SynopsisWritten by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary.Composed of approximately one-quarter authorsâ commentaries and three-quarters cases and materials, including academicsâ articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law.This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text; additional reading listed at the end of each chapter to asTrade Review"Lucid, comprehensive and authoritative; a truly exceptional exposition of the modern law of contract. Stone and Devenney illuminate the theory and practice of modern contract law and unpack the future challenges faced in this area with style, poise and assurance." Mel Kenny (Dr. iur.), Pro-Rector. Professor candidate, Comparative Contract and Commercial Law. Competition Law and State Intervention, Riga Graduate School of Law "Stone and Devenney's Text, Cases and Materials on Contract Law provides an excellent balance between explanatory text and extracts from key cases, which enables students to master the depths of contract law. Additionally, extracts from academic writings encourage critical reflection on the current state of the law. It is clearly written and has a structure that allows students to develop their knowledge and critical understanding of contract law." Professor Christian Twigg-Flesner, Professor of International Commercial Law at the University of Warwick, Editor (Law), Journal of Consumer Policy, Associate Academic Fellow (Inner Temple) "Highly popular with lecturers and students of contract law for over a decade, Stone and Devenney combine primary and second materials with substantial commentary enabling students to engage deeply with the principles and practices of modern contract law." Fidelma White, Senior Lecturer, University College Cork (UCC) "There are many good contract law textbooks, but undergraduate module leaders should seriously consider adopting this one. The book opens with an ambitious and clear setting out of some of the main themes in contract theory and the clarity continues throughout. This book will support weaker students and inspire the very able." Anthony Rogers, Senior Lecturer, City, University of London Table of Contents1. Introduction; 2. Forming the agreement; 3. Consideration and other tests of enforceability; 4. Intention to create legal relations; 5. Privity; 6. Contents of the contract; 7. Clauses excluding or limiting liability; 8. Misrepresentation; 9. Mistake; 10. Duress; 11. Undue influence; 12. Frustration; 13. Illegality; 14. Discharge by performance or breach; 15. Remedies

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