Law

Prompted by recent events in the EU’s international environmental cooperation, this thought-provoking book explores the establishment and use of multilateral environmental compliance mechanisms as part of the EU’s external environmental action. Expanding upon current discussions in external relations law, this timely book uses a doctrinal approach to analyse EU engagement with a key instrument of international environmental governance. The author examines the role of compliance mechanisms in EU environmental action, from establishing these treaty-based mechanisms within EU legal boundaries, to utilising non-compliance decisions at EU level. The book concludes with an evaluation of the extent to which EU law enables the EU to preserve, protect, and improve the global environment with the aid of compliance mechanisms, as required by its own Treaties. Multilateral Compliance Mechanisms in EU Environmental Law will be an essential resource for scholars in environmental law, European law, international relations, and public international law. It will also be beneficial for EU officials and policymakers, and environmental advocates and campaigners.

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The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered.In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration.This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

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This book provides a comprehensive analysis of the primary challenges, opportunities and regulatory developments associated with the use of artificial intelligence (AI) in the financial sector. It will show that, while AI has the potential to promote a more inclusive and competitive financial system, the increasing use of AI may bring certain risks and regulatory challenges that need to be addressed by regulators and policymakers.After analysing the technological foundations of AI, the book focuses on the use and regulatory challenges of AI in the banking, capital markets and insurance industries. It also analyses, compares and assesses the different strategies and international approaches that have been adopted to address the challenges raised by the use of AI. The book concludes by providing a holistic and cross-sectoral analysis of the use of AI in the financial sector.The comprehensive, interdisciplinary, and industry-relevant approach adopted in Artificial Intelligence in Finance will provide students, practitioners and academics interested in financial markets with a broad understanding of the challenges and opportunities of AI in the financial sector. Additionally, the comparative and policy-oriented approach also adopted in the book will provide regulators and policymakers with innovative ideas and regulatory solutions that will help them address some of the most critical challenges associated with a new data-driven financial system.

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Vicarious Trauma in the Legal Profession is a practical guide to trauma, burnout and collective care. Using case studies from lawyers in their own words, it provides the individual with tools for self-reflection and provides organisations with an understanding of trauma-informed working practices and guidance towards implementing collective care, training and support in the workplace. Vicarious Trauma in the Legal Profession is essential reading for social justice lawyers across many areas of law and should be required reading for organisational leaders, HR managers, practice managers, representational and membership associations and those in charge of regulation of the professions. Lawyers working in legal aid, social justice or with survivors of injury regularly work with traumatic and emotionally potent caseloads and often draw on skills for which they have had no formal training. They bear witness to the pain of clients, to the suffering that humans inflict upon each other, and to the incredible strength of survivors of violence, torture and abuse. They do this while dealing with the financial pressure of poor rates of pay, constantly overstretched resources and a relentlessly hostile political environment. While there has been a growing conversation within the legal profession about the mental health of lawyers, much of it looks at mental health as a primarily personal issue: the individual's work/life balance and stress as a personal response. Vicarious Trauma in the Legal Profession draws focus to the impact of traumatic casework for lawyers and how collectively change can be made.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This clear and concise book provides an overview of how laws and policies around the world are designed to support and accelerate the growth of renewable energy. Throughout, Professor Eisen focuses on how national and sub-national governments have responded to the revolutionary transformation of the world's energy system by developing and implementing support programs for renewable energy.Key features include: Global coverage of the ways in which laws and policies are guiding countries and regions to transitioning to renewable energy Detailed chapters highlighting all of the important regulatory, financial, and technological aspects of renewable energy development Critical insights designed to spotlight on-going challenges and spark discussions about policy development. Intended to serve both as a comprehensive introduction to this vast subject and to prompt readers to inquire further into the specific laws of individual nations, this Advanced Introduction will be beneficial for students, academics, and policymakers interested in the complex legal landscape governing renewable energy.

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There’s no better time than now to start a new business and tap into the power of the LLC LLCs For Dummies is your comprehensive guide to limited liability companies. You’ll explore whether an LLC is the right business structure for your business, how to set up a corporate structure and membership, and the best ways of managing an LLC. Author Jennifer Reuting explains the pros and cons of LLCs and shares insider tips on choosing members, selecting a company name, creating and filing Articles of Organization, managing day-to-day operations, and beyond. This updated edition covers all the latest tax and regulatory information, plus new laws that make it more attractive than ever to start your own business. You’ll also find real-world advice on customizing your LLC for your specific business needs, creating a great operating agreement, keeping accurate records, and filing the proper paperwork with Uncle Sam. Learn to start a new business by founding a limited liability company (LLC) Get a handle on the differences between LLCs and other business structures, including state-specific tips Keep up on the latest information on federal taxes, regulations, and fees Discover online tools, new documents and forms, and helpful resources Anyone who wants to learn the best practices of LLC formation, management, and long-term growth will love this beginner-friendly Dummies guide.

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Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz’s groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim. Comparing discrimination against immigrant Muslims with the prejudicial treatment of Jews, Catholics, Mormons, and African American Muslims during the twentieth century, Aziz explores the gap between America’s aspiration for and fulfillment of religious freedom. With America’s demographics rapidly changing from a majority white Protestant nation to a multiracial, multireligious society, this book is an in dispensable read for understanding how our past continues to shape our present—to the detriment of our nation’s future.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This timely Advanced Introduction traces the evolution of consumer data privacy laws in the US through a historical lens, and then sets out the current state of play. Waldman describes how privacy laws benefit corporate interests, and highlights the deficiencies of the present approach to the surveillance economy. In looking to the future, the author advocates a radical new way of thinking about the goals and tools of privacy law and provides a roadmap for avoiding privacy nihilism by rejuvenating public governance and protecting privacy in the digital age.Key Features: Concise and accessible approach to a fast-changing area Novel conceptualisation of first, second, and third waves of privacy law In-depth critique of current and historic privacy law, challenging traditional literature Focuses on practical ways to address.– deficiencies of current laws The Advanced Introduction to U.S. Data Privacy Law will be an invaluable resource for students and scholars of privacy, as well as those in information, media and technology law. It will also be an essential guide for policy-makers and privacy lawyers seeking to understand the past, present, and future of data privacy.

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Cornerstone Barristers is a leading public law barristers' chambers. It has over 60 members, who provide specialist legal advice and representation nationwide, in practice areas including administrative and public law, local government, planning, property, housing, licensing, health and social care, data protection, commercial and regulatory law. Cornerstone's members act for clients across the spectrum, including central government departments and local authorities, developers and housebuilders, NGOs and charities, private companies and individuals. Matt Lewin is a member of Cornerstone Barristers and a top ranked public law barrister. Recognised as a rising star', his clients range from government departments to parish councils, NGOs and corporations. He is a particular specialist in the area of standards in public life and is regularly called on to act as an external investigator into allegations of misconduct by holders of public office.

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Very Short Introductions: Brilliant, Sharp, Inspiring Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Law—its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world. It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

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Stories of teen sexting scandals, cyberbullying, and image-based sexual abuse have become commonplace fixtures of the digital age, with many adults struggling to identify ways to monitor young people's digital engagement. In When Rape Goes Viral, Anna Gjika argues that rather than focusing on surveillance, we should examine such incidents for what they tell us about youth peer cultures and the gender norms and sexual ethics governing their interactions. Drawing from interviews with teens and high-profile cases of mediated juvenile sexual assault, Gjika exposes the deeply unequal and heteronormative power dynamics informing teens' intimate relationships and online practices, and she critically interrogates the role of digital cultures and broader social values in sanctioning abuse. The book also explores the consequences of social media and digital evidence for young victim-survivors and perpetrators of sexual assault, detailing the paradoxical capacities of technology for social and legal responses to gender-based violence.

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Unsurpassed in authority, reliability and accuracy; Blackstone's Statutes, trusted by students for over 30 years. Celebrating over 30 years as the market-leading series, Blackstone's Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability and authority, they remain first-choice for students and lecturers, providing a careful selection of all up-to-date legislation for exams and course use. -Clear and easy-to-use, helping you find what you need instantly -Edited by experts and covering all the key legislation needed for Employment Law courses, so you can use alongside your textbook to ensure you approach your assessments with confidence -Unannotated legislation - perfect for exam use -Also available as an e-book with functionality and navigation features

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A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life.What is law? And how does it relate to morality? It’s common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It’s a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts.Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law.Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

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Greenhouse gas concentrations are rapidly increasing and as a result, fundamental economic transitions are needed to limit global warming. This essential book examines the climate and energy policies of selected jurisdictions in Europe and East Asia that have vowed to become carbon neutral.Climate and Energy Law and Policy in the EU and East Asia provides important analyses of the respective laws and policies of the European Union, China and South Korea, and also touches upon Japan. Accounting for 43% of global CO2 emissions, these jurisdictions are critical for success. While nations share a common goal, the way policy priorities are set, and the ways in which the climate crisis is managed, differ tremendously. Chapters examine different law and policy approaches, constraints and resulting implications for cooperation, thereby contributing to the climate and energy transition discussions and offering much-needed policy insights.This timely book will be of great interest to researchers, students and scholars focusing on climate and energy law and policy. It will additionally be beneficial for policymakers and government officials seeking to understand changes in energy policy.

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In today’s data-driven economy, it is essential for companies to protect their trade secrets against unlawful acquisition,use and disclosure; with the ease of digital communications, employee migration and international trade, trade secret violations now often occur across national borders. This book examines how trade secret protection can differ across jurisdictions, where trade secret holders can bring proceedings, and which country’s law is applicable.Lundstedt provides a European perspective, analysing how the EU’s rules on jurisdiction and applicable law relate to the EU’s wider objectives on encouraging cross-border innovation activities. Using common trade secret scenarios as a springboard for analysis, this book questions whether EU private international law rules can be interpreted to facilitate the objectives of the EU Trade Secret Directive and in doing so it sets out a detailed examination of both regimes.Providing a clear and comprehensive perspective on a complex area of law, this book will be valuable for scholars of private international law, intellectual property law and EU law. Due to its practical approach to analysis, it will also be useful for policy makers and legal practitioners seeking information about uncertainties that exist in the current law.

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Give your revision the edge with this text from the bestselling law revision series Criminal Law, 9th edition, by Emily Finch and Stephan Fafinski, is a revision text designed to prepare you for exams by getting you to think about how the law works and consolidating your understanding of legal concepts. The text includes coverage of areas such as actus reus and mens rea, murder and manslaughter, theft and fraud. Each chapter helps you learn how to approach and assess the subject by drilling into the key cases, statutes, and legal terms. This edition contains tools and resources to strengthen your exam skills. Exam advice, sample questions and tips will help you impress your examiner. With its wide range of features to assist your revision, this textbook is an excellent aid for those studying law that takes your understanding to the next level. This text also features a companion website. See all resources available from Law Express here.

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This original Research Handbook examines the key legal aspects of a professional football club’s actions. Reflecting also on the role of key governing bodies such as UEFA, the Handbook informs and contributes to the ongoing debate surrounding the governance and behaviours of professional football clubs. By placing professional clubs at the centre of the analysis, the Handbook offers an extensive overview of how law, particularly at a European level, is applied to professional football. Chapters explore key actors within the industry, from prominent governing bodies to players, examining how significant club changes such as transfers affect the economic and legal management of clubs. At a time when professional football is coming under increasing scrutiny, this Handbook will encourage critical thinking on the future of clubs’ design, organisation and function. This illuminating Research Handbook will be of interest to law and business students endeavouring to investigate sports law and governance. It will additionally be beneficial to policymakers, along with legal and business actors, who are working with professional football clubs and seeking to reflect critically on industry features and legalities.

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The bestselling title in the Oxford Quick Reference series, A Dictionary of Law is an essential reference work, described by leading university lecturers as 'the best law dictionary' and favoured by law students and legal professionals alike. The tenth edition features over 4,900 clear and concise definitions on major terms, concepts, and processes within the English legal system, and is a useful source of information for any of the many countries that base their legal system on English law. It includes more than 120 new entries, including acid attacks, lasers, Nightingale Courts, Northern Ireland Protocol, and retained EU Law. Many of the new and revised entries reflect changes brought about by Brexit and the Divorce, Dissolution and Separation Act 2020. There have also been significant increases of coverage in the areas of constitutional law, medical law, and employment law and professional regulation. Updated web links complement the text and lead to a dedicated companion website for further reading materials. The dictionary also contains a guide to legal writing, and a citation guide drawn from the Oxford Standard for Citation of Legal Authorities (OSCOLA).

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The world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be ‘heftig umstritten’ (fiercely contested) and ‘très difficile’ (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the ‘principle of national treatment’ as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today?This book is an English translation of Sierd J. Schaafsma’s groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation).Key features include: provides deep insight into the current state of affairs in international intellectual property law extensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Convention detailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law.

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In this essential primer on the key themes in sports law, Jack Anderson explains how law has become important to all aspects of sport, including participation, administration and the resolution of disputes. Crossing legal jurisdictions and sporting codes, it covers issues ranging from ambush marketing to broadcasting, corruption and doping.Analysing the broad range of actors and stakeholders involved in sport, this concise introduction illustrates how sports law, once the folly of contract law, now engages criminal, competition and international human rights law. The legal nuances to contemporary debates on concussion, the ‘gamblification’ of sport, the rights of transgender athletes, and sport’s flirtation with everything from cryptocurrencies to NFTs and private equity, all come into the orbit of this book. A departure point for further study in sports law, this book is also a reminder that sports law must be about fair play on, off and in court.An accessible, global approach to sports law, this book will be an invaluable companion for scholars and students of sports law worldwide. It will be equally beneficial to legal practitioners, journalists and those with an interest in sport generally.

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Like many other areas of life, humanitarian practice and thinking are being transformed by information and communications technology. Despite this, the growing digitization of humanitarianism has been a relatively unnoticed dimension of global order. Based on more than seven years of data collection and interdisciplinary research, #Help presents a ground-breaking study of digital humanitarianism and its ramifications for international law and politics. Global problems and policies are being reconfigured, regulated, and addressed through digital interfaces developed for humanitarian ends. #Help analyses how populations, maps, and emergencies take shape on the global plane when given digital form and explores the reorientation of nation states' priorities and practices of governing around digital data collection imperatives. This book also illuminates how the growing prominence of digital interfaces in international humanitarian work is sustained and shaped by law and policy. #Help reveals new vectors of global inequality and new forms of global relation taking effect in the here and now. To understand how major digital platforms are seeking to extend their serviceable lives, and to see how global order might take shape in the future, it is essential to grasp the perils and possibilities of digital humanitarianism. #Help will transform thinking about what is at stake in the use of digital interfaces in the humanitarian field and about how, where, and for whom we are making the global order of tomorrow.

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Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. Digital formats and resources The tenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book contain links to the full cases referenced at the end of each chapter as well as a list of annotated web links to aid further study.

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Birds’ Modern Insurance Law presents a concise yet analytical explanation of the fundamental principles of insurance law. Written in an accessible and straightforward manner the work covers everything from the history of insurance and regulation, through to the various forms of insurance such as life, and liability. Birds’ Modern Insurance Law is firmly established as the leading text in this area of law.

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This updated and revised second edition provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.With contributions from renowned experts, this Research Handbook explores the essence and development of international legal theory, taking account of the key shifts and advances since the era of classical legal scholarship. Contributors examine several major areas of international law in depth, before transferring their focus to the history of international law from the medieval period up to the present day. Coverage has been expanded to include analysis of the origins of and Eurocentric narratives surrounding the present system, and to discuss significant developments of the 21st century. Scholars and students of international law and politics looking for an in-depth understanding of the current international legal system and its history will find this Research Handbook to be crucial reading. Its theoretical approach will also be of interest to legal theorists, as well as researchers in ethics and philosophy.

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With Determann’s Field Guide to Artificial Intelligence Law, readers can navigate a complex field traversing new technologies, business models, risks, rights, and legal issues. The author presents practical recommendations in a user-friendly and accessible format, designed to help organizations build and maintain their AI compliance and risk mitigation programs. A leading voice on data and technology law, Lothar Determann discusses existing and new laws pertaining to AI around the world and examines distinct advantages of different governance models.Key Features: Roadmap on how to identify, prioritize, and address risks and compliance obligations Checklists, action items, and sample protocols A-to-Z list of risks and mitigation measures Examples of jurisdiction-specific legal requirements Guidance on governance and accountability mechanisms Practitioners in corporate legal departments and private practice, compliance officers, programmers, privacy officers, data scientists, human resources (HR) specialists, and other professionals who must address AI and related legal compliance issues will find the guidance on risk assessments and mitigation, data law compliance, intellectual property, and other AI-related topics a vital resource.

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In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants. Drawing on the author’s practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems. Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.

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This unique book establishes potential future avenues within the law to enhance the welfare of animals and grant them recognized legal status. Charting the direction of the animal-human relationship for future generations, it explores the core concepts of property law to demonstrate how change is possible for domestic animals. As an ethical context for future developments, the concept of a ‘right of place‘ is proposed and developed.The Future of Animal Law focuses on dogs as companion animals who provide the political motivation for legislative change, contextualizing the role of companion animals within the concept of family and the future implications of this position. It compares the US approach with materials from other common law jurisdictions, illustrating how a number of existing laws support the claim that companion animals are already on the path to personhood. David Favre recommends model language for new animal friendly laws in addition to suggesting amendments to existing legislation including the US federal Animal Welfare Act. Forward thinking and innovative, this indispensable book will engage all those with an interest in the issues around enhanced welfare and rights for animals, including students, scholars, and lawyers involved in animal law, as well as leaders of non-profit organizations.

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For more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.

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A legendary lawyer and a legal scholar reveal the structural failures that undermine justice in our criminal courts“An urgently needed analysis of our collective failure to confront and overcome racial bias and bigotry, the abuse of power, and the multiple ways in which the death penalty’s profound unfairness requires its abolition. You will discover Steve Bright’s passion, brilliance, dedication, and tenacity when you read these pages.” —from the foreword by Bryan StevensonGlenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him. Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death. In The Fear of Too Much Justice, legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice. With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.

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Offers an innovative plan to eliminate inequalities in American health care and save the lives they endanger Over 84,000 black and brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care system—and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients. Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a modest effect on reducing health disparities. We will continue to utterly fail in the effort to eradicate health disparities unless we enact strong, evidence-based legal remedies that accurately address implicit and unintentional forms of discrimination, to replace the weak, tepid, and largely irrelevant legal remedies currently available. Our continued failure to fashion an effective response that purges the effects of implicit bias from American health care, Matthew argues, is unjust and morally untenable. In this book, she unites medical, neuroscience, psychology, and sociology research on implicit bias and health disparities with her own expertise in civil rights and constitutional law. In a time when the health of the entire nation is at risk, it is essential to confront the issues keeping the health care system from providing equal treatment to all.

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With an accessible approach free of legal jargon, Introduction to Sport Law With Case Studies in Sport Law, Third Edition, provides a comprehensive examination of the fundamental legal issues commonly found in sport and sport management. Even students with little to no legal background will understand law topics relevant to the sport industry through the text’s straightforward examples and case studies that demonstrate sport law theory through real-world applications.Organized to cover all law categories that are most critical to the management of sport, the text first presents an overview of the United States legal system, including the court system, the various types of law, and legal resources. Students will then explore important topics such as risk management, employment law, gender equity, intellectual property, and constitutional law, examining the relevance of the law at hand to real-world applications across the field of sport management.This updated third edition allows students to increase their comprehension by looking at laws and issues through timely, modern points of view. New content reflects important topics and current legal issues, including the Equal Pay Act; the Sports Broadcasting Act; athlete safety and equipment concerns; name, image, and likeness (NIL) laws; antitrust litigation, unionization, and collective bargaining; and transgender athlete participation in sport. The updated content addresses contemporary challenges to constitutional law, including the First Amendment and Fourteenth Amendment, and it examines how budget problems related to COVID-19 resulted in cutting sports and raised Title IX issues.End-of-chapter discussion questions and In the Courtroom sidebars have been updated with current examples to better demonstrate modern applied perspectives. Moot Court Case sidebars now have accompanying questions on hypothetical scenarios, allowing students to understand the technicalities of sport law in practical application.Each chapter of Introduction to Sport Law, Third Edition, also directs students to relevant cases in the included ebook, Case Studies in Sport Law, Third Edition, by Andrew T. Pittman, John O. Spengler, and Sarah J. Young. Featuring abridged versions of 93 court cases, all carefully curated to provide real-life applications representing many of the multifaceted aspects of sport law, the ebook also includes review questions for each case to test comprehension and prompt in-class discussion.Through its focus on legal concepts with direct application to the world of sport, Introduction to Sport Law, Third Edition, provides students with the information they need to feel confident with the fundamentals of sport law.Note: A code for accessing the Case Studies in Sport Law, Third Edition, ebook is included with all new print books.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. 'This is a must-have first book for anyone interested in global/transnational law, law and globalisation or legal globalisation, all complex concepts so fascinatingly expounded by the book. One great advantage of this book is that it concisely and comprehensively analyses the pluralist phenomenon of law and globalisation and provides a coherent theoretical/conceptual web connecting major interdependent, interrelated disciplines, theories, methodologies, and dimensions utilised in existing studies of the above phenomenon. The book takes a laudable fresh approach embracing not only the orthodoxies but also a novel and forward-looking perspective fitting for new powers such as China.'- Qiao Liu, The University of Queensland, Australia This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law. Key features include: Comprehensive treatment of main themes and approaches in law and globalisation discussions Provides a theoretical basis for evaluating legal globalisation Includes contemporary developments Examples from many jurisdictions offer a genuinely global perspective. An ideal concise companion for students and scholars alike, this book sets out an alternative view to law and globalisation that will interest anyone concerned with the future of legal globalisation.

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This user friendly guide introduces, explains, and demystifies the NEC4 contract on a practical, work-based level. Made for architects by an architect, it explores the best approach to collaborative and contractual partnering work practices. Alongside explanations of the contracts and clauses, it presents the key areas of distinction from alternative standard form contracts and examines the integrated project management principles that bring the NEC4 contracts together as a whole. It's the perfect companion book for professionals who are new to the NEC contract family and former users trying to understand the latest updates.

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A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. As international migration continues to rise, sending states play an integral part in "managing" their diasporas, in some cases even stepping in to protect their citizens' labor and human rights in receiving states. At the same time, meso-level institutions—including labor unions, worker centers, legal aid groups, and other immigrant advocates—are among the most visible actors holding governments of immigrant destinations accountable at the local level. The potential for a functional immigrant worker rights regime, therefore, advocates to imagine a portable, universal system of justice and human rights, while simultaneously leaning on the bureaucratic minutiae of local enforcement. Taking Mexico and the United States as entry points, Scaling Migrant Worker Rights analyzes how an array of organizations put tactical pressure on government bureaucracies to holistically defend migrant rights. The result is a nuanced, multilayered picture of the impediments to and potential realization of migrant worker rights.

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There has recently been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered. Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role, and value of, an apology. It explores the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights that will be invaluable to global debates on the struggle for justice.

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Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.

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This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions."That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods?Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.

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The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.

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When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. The Employer’s and Engineer’s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer’s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language). Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable. This, together with the author’s earlier book, Contractor’s Guide to the FIDIC Conditions of Contract - which describes the duties, rights and responsibilities of the Contractor – represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract. This book’s companion website offers invaluable resources to freely download, adapt and use: Model letters for use by the Employer Model letters for use by the Contractor Sample Interim Payment Certificate Model Form for Submissions to the Engineer Model Form of Engineer’s Order for Varied Works Model Form of Daywork/Daily Record Sheets

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Digitization, blockchain technology and Artificial Intelligence (AI) are fundamentally changing the fabric of societies, influencing lawmaking, legal scholarship and legal practice. The authors of this volume investigate the real-world developments that can be observed in this process, how established legal doctrines are being challenged, the regulatory issues societies face as a result, and how AI can be used in lawmaking and adjudication. By analyzing these four interrelated areas, the authors discuss conceptual issues of regulating AI, examine the impact of new technologies on commercial transactions and corporate governance, investigate civil liability rules for AI applications and explore key features and problems of digital dispute resolution. A recurring theme is that although "Law by Algorithm" might massively increase overall societal welfare, it runs the significant risk of benefitting only a few. To make it work for the good of all is a mammoth task - and one this volume hopes to contribute to. "AI's capabilities have made enormous recent leaps; many expect it to transform how the economy operates. In particular, activities relying on human knowledge to create value, insulated until now from mechanisation, are facing dramatic change. This is impacting the legal system in two directions simultaneously: the automation of processes, and the development of legal governance for automation. Eidenmueller and Wagner here present a thought-provoking and insightful treatment of a number of key issues that are engaged. It will be essential reading for lawyers, scholars, and policymakers wishing to understand and participate in these developments." (John Armour) „AI has the potential for ground-breaking changes to our economy and society, but also to its private law framework. This book provides an extremely thought-provoking contribution to the thinking towards the private law for the digital economy.“ (Dirk Staudenmayer)

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The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.

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This book provides an ideal introduction for anyone wondering whether to study law or those who are simply curious to know more about it. It is not confined to English law, but deals with the Western tradition of law as a whole. It outlines the key problems of constitutional law and the law of property, contracts, treaties, crimes and torts. It also explains the importance of law of forms, procedures, and interpretation and examines how law relates to government, history, and justice. In this way it vividly brings out the intellectual and practical fascination of the subject. The book is easy to read and the chapters are self-contained. Where possible, technical terms are avoided. When unavoidable, they are explained both in the text and in a glossary at the end of the book. The author is a leading lawyer, legal historian, and legal philosopher. During his career in Oxford he taught many hundreds of students and it is from this experience that the book is drawn.

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