Law Books
Edward Elgar Publishing Ltd EU Market Abuse Regulation: A Commentary on
Book SynopsisThis comprehensive Commentary examines the implications of the EU’s Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants.Key features include: in-depth contributions from leading scholars and practitioners in the field practical discussion of the interpretation and implementation of the Regulation, including pertinent national and European case law systematic article-by-article analysis of the Regulation, illuminating the purpose of each provision as well as providing relevant historical and legal context Scholars of EU financial and banking law, particularly those with an interest in market abuse and financial crime and corruption, will find this Commentary a valuable resource. It will also be of great practical benefit for practitioners and in-house counsel working for or with banks, investment firms and other financial institutions.Trade Review‘This book provides an exhaustive analysis of the Market Abuse Regulation, which, despite Brexit, continues to be of core concern to practitioners in this area, for two reasons. First, the Regulation continues as part of domestic UK law as “retained EU law” and, second, its status in relation to EU financial markets remains undisturbed. This book, written by a distinguished group of scholars, lays out, article by article, a complete analysis of the Regulation and its now extensive accompanying pieces of secondary legislation and CJEU decisions. It brings together in a single volume a clear and incisive assessment of all the issues arising, and likely to arise, in the regulation of this notoriously challenging area of market behaviour.’ -- Paul L. Davies QC, University of Oxford, UK‘This is an invaluable guide to the Market Abuse Regulation. It is well structured and formatted allowing the reader to access the relevant information with ease. It provides useful information on the context and historical development of the various provisions and highlights the significant changes to the existing law. It identifies the objectives of each of the Articles providing links to relevant literature, caselaw, related legislation and guidance. The authors are experts in their fields and together they provide insights into the salient academic, public service, public policy, regulatory, jurisprudential, and practical dimensions of the Regulation. Although particular reference is made to the application of the market abuse regime in Austria, France, Germany and the UK, this text will provide a valuable resource to academics, regulators and practitioners in all Member States seeking to understand and implement the Market Abuse Regulation.’ -- Blanaid Clarke, Trinity College Dublin, Ireland‘If you have any question about the EU’s Market Abuse Regulation and its interpretation, look no further. This book provides a profound and authoritative analysis of each of its sections, as well as an excellent survey of private enforcement of capital markets law in Europe. It will be very useful to anyone working in European capital markets law.’ -- Martin Gelter, Fordham University School of Law, USTable of ContentsContents: 1 Subject matter 1 Elena Guggenberger 2 Scope 4 Elena Guggenberger 3 Definitions 10 Elena Guggenberger 4 Notifications and list of financial instruments 29 Elena Guggenberger 5 Exemption for buy-back programmes and stabilisation 33 Susanne Kalss 6 Exemption for monetary and public debt management activities and climate policy activities 52 Susanne Kalss 7 Inside information 56 Mario Hössl-Neumann and Ulrich Torggler 8 Insider dealing 82 Martin Winner 9 Legitimate behaviour 116 Martin Winner 10 Unlawful disclosure of inside information 139 Mario Hössl-Neumann and Ulrich Torggler 11 Market soundings 154 Mario Hössl-Neumann and Ulrich Torggler 12 Market manipulation 169 Susanne Kalss 13 Accepted market practices 182 Susanne Kalss 14 Prohibition of insider dealing and of unlawful disclosure of inside information 190 Martin Winner 15 Prohibition of market manipulation 195 Martin Oppitz 16 Prevention and detection of market abuse 199 Florian Kusznier 17 Public disclosure of inside information 203 Susanne Kalss and Clemens Hasenauer 18 Insider lists 243 Ursula Rath 19 Managers’ transactions 261 Susanne Kalss and Clemens Hasenauer 20 Investment recommendations and statistics 297 Martin Oppitz 21 Disclosure or dissemination of information in the media 303 Martin Oppitz 22 Competent authorities 309 Peter Jedlicka 23 Powers of competent authorities 317 Peter Jedlicka 24 Cooperation with ESMA 327 Alfred Schramm 25 Obligation to cooperate 331 Alfred Schramm 26 Cooperation with third countries 341 Alfred Schramm 27 Professional secrecy 348 Alfred Schramm 28 Data protection 352 Alfred Schramm 29 Disclosure of personal data to third countries 353 Alfred Schramm 30 Administrative sanctions and other administrative measures 354 Michael Rohregger and Nina Palmstorfer 30A Appendix to Art 30 MAR – Private enforcement 360 Chris Thomale 31 Exercise of supervisory powers and imposition of sanctions 414 Michael Rohregger and Charlotte Pechhacker 32 Reporting of infringements 418 Michael Rohregger and Charlotte Pechhacker 33 Exchange of information with ESMA 424 Michael Rohregger and Charlotte Pechhacker 34 Publication of decisions 428 Michael Rohregger and Nina Palmstorfer 35 Exercise of the delegation 432 Elisabeth Drach 36 Committee procedure 435 Elisabeth Drach 37 Repeal of Directive 2003/6/EC and its implementing measures 437 Elisabeth Drach 38 Report 439 Elisabeth Drach 39 Entry into force and application 441 Elisabeth Drach Annex I 443 Annex II 445 Index 450
£203.00
Cambridge University Press Constitutional and Administrative Law
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£85.49
Cambridge University Press Roman Law in Context
Book SynopsisThis book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.Table of Contents1. Introduction; 2. Sources and methodology; 3. Family and inheritance; 4. Property; 5. Commerce; 6. Litigation; 7. Crime, delict, regulation and public order.
£19.99
The University of Michigan Press The United States and International Law
Book SynopsisAnalyses the seemingly inconsistent US relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives.Table of Contents List of Illustrations Acknowledgments 1) The United States and International Law: Five Dimensions of Support Lucrecia GarcÍa Iommi (Fairfield University) and Richard W. Maass (Old Dominion University) Part I: Governing International Relations 2) Enforcing Territorial Integrity: U.S. Support for the Prohibition of Conquest in International Law Richard W. Maass (Old Dominion University) 3) The United States and the International Court of Justice: A Century of Unfulfilled Promise Charlotte Ku (Texas A&M University) 4) Between Formalism and Instrumentalism: The United States and International Law Governing the Use of Inter-State Force Christian Henderson (University of Sussex) 5) The United States and the Nuclear Non-Proliferation Regime: Pushing the Limits of the Law Jeffrey S. Lantis (The College of Wooster) 6) The United States and International Trade Law: A Precarious Relationship Judith L. Goldstein and Christina Toenshoff (Stanford University)Part II: Governing Individuals 7) Human Rights Treaties in the United States: The Case of CEDAW Lisa Baldez (Dartmouth College) 8) The United States and the International Criminal Court: Interests, American Exceptionalism, and Why the U.S. Relationship with the ICC Does Not Change Lucrecia GarcÍa Iommi (Fairfield University) 9) The Double Life of Uncle Sam: The United States and the International Laws Banning Torture and Cruel, Inhuman, and Degrading Treatment Arturo Jimenez-Bacardi (University of South Florida) 10) Contemporary U.S. Targeted Killing: Expanding the Legal Boundaries of Warfare to Facilitate State Violence Rebecca Sanders (University of Cincinnati)Part III: Governing the Globe 11) “Exceptional” Leadership: The United States and the International Law of the Sea James Harrison and Oliver Turner (University of Edinburgh) 12) Leader or Laggard? The United States and International Environmental Law Pamela Chasek (Manhattan College) and David L. Downie (Fairfield University) 13) The United States and Cybersecurity Due Diligence: A Continuing Dialogue for International Cyber Norms Scott J. Shackelford and Rachel D. Dockery (Indiana University) 14) Understanding U.S. Support for International Law Richard W. Maass (Old Dominion University) and Lucrecia GarcÍa Iommi (Fairfield University) List of Contributors
£35.10
Johns Hopkins University Press Health Program Planning Implementation and
Book SynopsisA time-tested, landmark approach to health promotion and communication projects and everything that goes into making them successful. For more than 40 years, the PRECEDE-PROCEED model, developed in the early 1970s by Lawrence W. Green and first published as a text in 1980 with Marshall W. Kreuter, Sigrid G. Deeds, and Kay B. Partridge, has been effectively applied worldwide to address a broad range of health issues: risk factors like tobacco and lack of exercise, social determinants of health such as lack of access to transportation and safe housing, and major disease challenges like heart disease and guinea worm disease. In Health Program Planning, Implementation, and Evaluation, Green and his team of senior editors and chapter authors combine their expertise to offer a high-level guide to public health programming. This guide aligns with foundational public health competencies required by increasingly rigorous certification and accreditation standards. Driven by the coronavirus panTable of ContentsForeword by Jonathan E. FieldingPrefaceAcknowledgmentsAbout the EditorsContributors Part I. Hallmarks of the PRECEDE-PROCEED ModelChapter 1 A Model for Population Health Planning, Implementation, and EvaluationLawrence W. Green, Andrea Carlson Gielen, Marshall W. Kreuter, Darleen V. Peterson, and Judith M. Ottoson Chapter 2 Participation and Community Engagement in PlanningLawrence W. Green, Andrea Carlson Gielen, and Marshall W. KreuterPart II. PRECEDE-PROCEED Phases: Planning, Implementation, and EvaluationChapter 3 Social Assessment: Quality of LifeLawrence W. Green, Marshall W. Kreuter, and Andrea Carlson GielenChapter 4 Epidemiological Assessment I: Population HealthLawrence W. Green, Andrea Carlson Gielen, and Marshall W. KreuterChapter 5 Epidemiological Assessment II: Behavioral and Environmental FactorsLawrence W. Green, Marshall W. Kreuter, and Andrea Carlson GielenChapter 6 Educational and Ecological Assessment: Predisposing, Enabling, and Reinforcing FactorsMaría E. Fernández, Gerjo Kok, Guy Parcel, and Lawrence W. GreenChapter 7 Health Program and Policy Development I: Intervention StrategiesMichelle C. Kegler and Rodney LynChapter 8 Health Program and Policy Development II: Implementation StrategiesCam Escoffery and Lawrence W. GreenChapter 9 Health Program and Policy Development III: Evaluation StrategiesChris Y. Lovato and Judith M. OttosonPart III. Applications of PRECEDE-PROCEED in Specific SettingsIntroduction to PRECEDE-PROCEED ApplicationsChapter 10 Applications in Community SettingsAmelie G. Ramirez and Patricia ChalelaChapter 11 Applications in Occupational SettingsPaul Terry, Nico Pronk, and Shelley GoldenChapter 12 Applications in School SettingsLloyd J. Kolbe, Holly Hunt, and Faten Ben AbdelazizChapter 13 Applications in Health Care SettingsJohn P. Allegrante and Janey C. PetersonChapter 14 Applications in Communication TechnologyRobert S. GoldAppendixesA. Frequently Asked QuestionsAndrea Carlson Gielen and Vanya C. JonesB. Public Health Competencies by ChapterDarleen V. PetersonC. The Evaluation Standards: A ChecklistD. CDC Evaluation Framework Steps and PRECEDE-PROCEED PhasesE. Commonly Used Evaluation DesignsGlossaryIndex
£52.70
Just World Books Injustice: The Story of the Holy Land Foundation
Book SynopsisIn July 2004, federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the “Holy Land Foundation Five” ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences—for “supporting terrorism” by donating to charities that the U.S. government itself and other respected international agencies had long worked with. In 2013, human rights activist and author Miko Peled started investigating this case. He discussed the miscarriages of justice with the men's lawyers and heard from the men's families about the devastating effects the case had on their lives. He also traveled to the remote federal prison complexes where the men were held to conduct deep interviews. Injustice traces the labyrinthine course of this case, presenting a terrifying picture of governmental over-reach in post-9/11 America.Trade Review"This critically important memoir . . . is a must-read." Naomi Wolf, author, social critic, political activist"This is a brilliantly rendered father and son saga amidst a background that evokes Greek mythology. The father was an Israeli hero in the fight for independence and the subsequent wars that led to Israeli dominance, and a brutal occupation. The father and son difficulties can never escape the bigger picture. This is a story of admirationand anger." Sy Hersh"The story of Miko Peled, his mother and father, reveals how facts, compassion and a universal sense of justice took hold and inspires this energetic and informed voice for peace." Ralph Nader"Injustice is a must-read book for anyone who wants to know how after 9/11, the US criminal justice system has been undermined and become another tool utilized by the pro-Israeli camp to silence and intimidate Palestinian Americans." Prof. Dr. Sami A. Al-Arian, Director and Public Affairs Professor, Center for Islam and Global Affairs, Islam ve Küresel Iliskiler Merkezi"Miko is a dedicated storyteller who approaches the difficult and complex Holy Land Foundation case in a sensitive, careful, and methodical manner while doing so with a humanistic focus on the impacted families. Injustice is a must-read." Dr. Hatem Bazian, U.C. Berkeley and Zaytuna College"This book is a compelling and moving account of the lives and trials of the Holy Land Foundation Five. It makes a convincing case that these 5 men are paying with long prison sentences for the 9/11 attacks, which they had nothing to do with." Louise Cainkar, author, Homeland Insecurity: The Arab American and Muslim American Experience after 9/11"Miko Peled tells the riveting story of a grave miscarriage of justice against the Holy Land Five . . . A must-read for all who seek the truth about how the US and Israel work hand-in-glove to oppress the Palestinians." Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law"Miko Peled's book conveys the humanity of the HLF5 and their families, and should be read widely and shared liberally to help support an international campaign for their freedom." Michael Deutsch, human rights lawyer, People's Law Office, Chicago, IL; co-author, Secrets and Lies: the Persecution of Muhammad Salah ; defense counsel for Muhammad Salah, Abdelhalem Ashqar, and Rasmea Odeh
£17.95
Yale University Press Whistleblowers Honesty in America from Washington
Book SynopsisA magisterial exploration of whistleblowing in America, from the Revolutionary War to the Trump era A brisk and interesting (Jill Lepore, New Yorker) exploration of whistleblowing in America, from the Revolutionary War to the Trump eraPROSE Award winner in theGovernment, Policy and Politics category Misconduct by those in high places is always dangerous to reveal. Whistleblowers thus face conflicting impulses: by challenging and exposing transgressions by the powerful, they perform a vital public serviceyet they always suffer for it. This episodic history brings to light how whistleblowing, an important but unrecognized cousin of civil disobedience, has held powerful elites accountable in America. Analyzing a range of whistleblowing episodes, from the corrupt Revolutionary War commodore Esek Hopkins (whose dismissal led in 1778 to the first whistleblower protection law) to Edward Snowden, to the dishonesty of Donald Trump, Allison Stanger reveals the centrality of whistleblowing tTrade Review“[An] exceptionally sharp forthcoming book.”—Bret Stephens, New York Times “A brisk and interesting history.”—Jill Lepore, New Yorker “I believe Stanger’s book provides a valuable analysis, also for non-Americans. (…) Stanger shows a coherence in the historical actions she puts forward as instances of whistleblowing. (…) very inspirational” – Wim Vandekerckhove, Philosophy of ManagementWinner in the PROSE Awards Government, Policy and Politics category, sponsored by the Association of American Publishers"A stunningly original, deeply insightful, and compelling analysis of the profound conflicts we have faced over whistleblowing, national security, and democracy from our nation's founding to the Age of Trump."—Geoffrey R. Stone, author of Perilous Times: Free Speech in Wartime"The depth, breadth and power of the national security state should concern every American who cares about our democracy. Allison Stanger has woven interviews, insights, and great stories into a compelling argument for why we must celebrate and protect whistleblowers as the indispensable guardians of our national ideals."—Anne-Marie Slaughter, author of The Chessboard and the Web"This clear-eyed, sobering book narrates a history of whistle-blowing, from the American Revolution to Snowden to Comey, and delivers the verdict that the republic is at risk—a must read."—Danielle Allen, author of Our Declaration
£13.99
Oxford University Press Triple Talaq
Book SynopsisTriple talaq, a controversial Muslim divorce practice, was declared unconstitutional by the Indian Supreme Court in the Shayara Bano case. Salman Khurshid, involved in the case, simplifies the issue and discusses its reasons, history, religious perspectives, and global comparisons.Table of ContentsIntroduction 1. HE SAID, SHE SAID, THEY SAID: ARGUMENTS BEFORE THE COURT 2. TRIPLE TALAQ: BAD IN THEOLOGY, GOOD IN LAW 3. INDIAN COURTS AND MUSLIM PERSONAL LAW 4. REFORMS IN ISLAMIC STATES 5. SUBMISSIONS BEFORE THE COURT 6. THE JUDGEMENT Epilogue Annexures
£14.99
Harvard University Press The Second Creation
Book SynopsisAmericans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.Trade ReviewFocuses on many of the structural and institutional issues that continue to consume us—including presidential powers, the role of Congress, and the use and abuse of originalist approaches to the Constitution—and in so doing raises questions that shine a light on today’s national debates…Gienapp’s study—intellectual history as textual exegesis at its best—offers a convincing and invaluable examination of the words and ideas that marked the evolution of the American constitutional imagination. -- Karen J. Greenberg * The Nation *Sophisticated…throws a wrench in the logic of judicial originalism by demonstrating the flexibility of the Constitution’s meaning during its first years. -- Nick Burns * The Spectator *The greatest innovation of the American Revolution was the idea of a written constitution as supreme fundamental law. But another truly significant development immediately followed the ratification of the Constitution: the equally innovative but deeply controversial invention of modes of constitutional interpretation. Jonathan Gienapp explores how this process unfolded, brilliantly explaining the search for the original meaning of the Constitution. -- Jack N. Rakove, author of A Politician Thinking: The Creative Mind of James MadisonThe Second Creation is a brilliant and timely intervention in American constitutional history. By showing how ‘original intentions’ originated in congressional debates about what the framers and ratifiers originally intended, Jonathan Gienapp forces us to take another long look at what we understand the Constitution to be. His innovative and persuasive study will revolutionize the way lawyers as well as scholars interpret the Founding era. -- Peter S. Onuf, coauthor of “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the ImaginationGienapp focuses our attention on the first decade of controversy over the remarkable new invention, a national constitution. His fascinating and provocative story—how these debates created and imagined the Constitution—is told with great mastery and drama. -- Mary Sarah Bilder, author of Madison’s Hand: Revising the Constitutional ConventionGienapp’s elegant reconstruction of the contested terrain of early American constitutional interpretation has wide-ranging implications for how we understand the earliest debates over the Constitution’s meaning. Gienapp offers fresh and thoughtful reinterpretations of several of the most important debates of this formative period of American constitutional development. -- Saul Cornell, author of A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America
£26.96
HarperCollins Publishers Inc A Nation of Immigrants
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£13.49
Verlag Vittorio Klostermann Dynamics of Constitutional Cultures: The Cultural
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£34.50
Urano Negociar Lo Imposible: Como Destrabar y Resolver
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£24.52
Cambridge University Press Commentary on the Second Geneva Convention
Book SynopsisThe application and interpretation of the four Geneva Conventions of 1949 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries, of which this is the second volume. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The Second Convention is a key text of international humanitarian law. It contains the essential rules on the protection of the wounded, sick and shipwrecked at sea, those assigned to their care, and the vessels used for their treatment and evacuation. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been revTable of ContentsForeword; Acknowledgements; Introduction; Preamble; Part I. General Provisions: Article 1: Respect for the Convention; Article 2: Application of the Convention; Article 3: Conflicts not of an international character; Article 4: Field of application; Article 5: Application by neutral Powers;Article 6: Special agreements; Article 7: Non-renunciation of rights; Article 8: Protecting Powers; Article 9: Activities of the ICRC and other impartial humanitarian organizations; Article 10: Substitutes for Protecting Powers; Article 11: Conciliation procedure; Part II. Wounded, Sick and Shipwrecked: Article 12: Protection and care of the wounded, sick and shipwrecked; Article 13: Protected persons; Article 14: Handing over of wounded, sick and shipwrecked to a belligerent; Article 15: Wounded, sick and shipwrecked taken on board a neutral warship or neutral military aircraft; Article 16: Status of the wounded, sick and shipwrecked who have fallen into enemy hands; Article 17: Wounded, sick and shipwrecked landed in a neutral port; Article 18: Search for casualties after an engagement; Article 19: Recording and forwarding of information; Article 20: Presriptions regarding the dead; Article 21: Appeals to neutral vessels; Part III. Hospital ships: Article 22: Notification and protection of military hospital ships; Article 23: Protection of medical establishments ashore; Article 24: Hospital ships utilized by relief societies and private persons of Parties to the conflict; Article 25: Hospital ships utilized by relief societies and private persons of neutral countries; Article 26: Tonnage of hospital ships; Article 27: Protection of coastal rescue craft and fixed coastal installations; Article 28: Protection of sick-bays; Article 29: Hospital ships in a port fallen into enemy hands; Article 30: Employment of hospital ships and coastal rescue craft; Article 31: Right of control and search of hospital ships and coastal rescue craft; Article 32: Stay of hospital ships and coastal rescue craft in a neutral port; Article 33: Converted merchant vessels; Article 34: Discontinuance of protection of hospital ships; Article 35: Conditions not depriving hospital ships of protection; Part IV. Personnel: Article 36: Protection of the personnel of hospital ships; Article 37: Protection of medical and religious personnel of other ships; Part V. Medical Transports; Article 38: Ships used for the conveyance of medical equipment; Article 39: Medical aircraft; Article 40: Flight over neutral countries. Landing of the wounded, sick and shipwrecked; Part VI. The distinctive Emblem: Article 41: Use of the emblem; Article 42: Identification of medical and religious personnel; Article 43: Marking of hospital ships and coastal rescue craft; Article 44: Limitation in the use of the distinctive signs; Article 45: Prevention of misuse of the distinctive signs; Part VII. Execution of the Convention: Article 46: Detailed execution. Unforeseen cases; Article 47: Prohibition of reprisals; Article 48: Dissemination of the Convention; Article 49: Translations. Implementing laws and regulations; Part VIII. Repression of Abuses and Infractions: Article 50: Penal sanctions; Article 51: Grave breaches; Article 52: Responsibilities of the Contracting Parties; Article 53: Enquiry procedure; Final provisions: Article 54: Languages; Article 55: Signature; Article 56: Ratification; Article 57: Coming into force; Article 58: Relation to the 1907 Hague Convention; Article 59: Accession; Article 60: Notification of accessions; Article 61: Immediate effect; Article 62: Denunciation; Article 63: Registration with the United Nations; Testimonium and signature clause; Sources; Index.
£189.00
Edward Elgar Publishing Ltd Handbook on Railway Regulation: Concepts and
Book SynopsisTaking a global approach, this insightful Handbook brings together leading researchers to provide a comprehensive overview of the state-of-the-art in railway regulation with a particular focus on countries that rely heavily on railways for transportation links, such as Japan, India and France. Despite numerous liberalisation attempts in recent years, the railway sector is still excessively complex, with regulations varying throughout the world. The Handbook on Railway Regulation gathers, for the first time, these various approaches and practices, using a historical and systematic approach to identify the main lessons for all countries. The Handbook also considers the most pressing issues for those working in and with railway systems, and outlines future trends in the development of global rail. Specific topics covered include the digitalization dilemma in the industry, rail sector reforms and regulation, and competition in the market for rail freight and passenger services. This Handbook provides an invaluable contribution to the discussion of railway regulation worldwide, and will be a crucial compendium for students and scholars of transportation, regulation and competition looking to explore different approaches to the topic. This will also be an invaluable read for railway policymakers and regulators looking to deepen their understanding of contemporary regulations around the world.Trade Review‘This book is for those who appreciate the role of railways in transport and in reaching broader public objectives. It is a well-developed and well-written compendium of 14 country-specific rail sector analyses combined with nine topic-oriented discussions covering the tradeoffs between structure, competition objectives, and the scope and powers of regulation. The Handbook does a good job of presenting the experience and near-term prospects of an extremely complex set of issues.’ -- Lou Thompson, Journal of the Transportation Research Forum'This collection of original papers takes a genuinely international look at the economic regulation of railways. It covers all forms of rail operations (freight, passenger, and local) and a diversity of regulatory regimes, as well as having a substantial geographical coverage. The editors have managed to entice a cornucopia of experts from around the world to contribute. The volume is timely. Railways over the last 50 years have seen economic regulatory adjustments that have affected their ownership, operations, methods of finance, and investment priorities. While one can easily find a common thread in many of these changes, the overriding emphasis has been on more reliance on market forces and lighter interventions by governments, there are considerable national variations in the instruments deployed and the outcomes that have emerged. This volume allows experts to keep abreast of events and thinking in the rail regulatory world and offers newcomers an almost encyclopedic account of the practical and intellectual challenges involved.' --Kenneth Button, George Mason University, US'A great resource for politicians, managers, competition lawyers and economists, seeking an overview of the implemented regulatory frameworks within the railway sector in Europe and beyond.' --Frank Miram, Deutsche Bahn AGTable of ContentsContents: 1. Railway Regulation: A comparative analysis of a diverging reality Juan Montero and Matthias Finger 2. Railway Regulation in Germany Thomas Fetzer 3. The ongoing process of liberalization of the railway sector in France Stéphane de la Rosa 4. Developments in Rail Regulation in Britain Chris Nash and Andrew Smith 5. Railway Regulation in Italy Nadia Bert and Germano Guglielmi 6. Spain: Between the failure of freight and the success of high speed Alberto Garcia Alvarez 7. Railways in Switzerland Matthias Finger 8. Regulatory challenges of open-access passenger competition in the Czech Republic Zdeněk Tomeš, Martin Kvizda, Monika Jandová and Václav Rederer 9. China’s railway development: a cyclical process of de-regulation and re-regulation Linda Tjia Yin-nor 10. Railways in South Korea Leif Karlén 11. Indian railways: challenges and opportunities Rachna Gangwar 12. Railways in Japan Fumio Kurosaki 13. Rail sector reforms and regulation in Russia Yu.Z. Saakyan 14. The deregulation of Turkish railways Şahin Ardıyok and Evren Sesli 15. Railways and Railways Regulation in the United States: Surely You Don’t Want Jones Back? Russell Pittman 16. Towards a new architecture for technical regulation of Europe’s railways Christian Chavanel 17. Regulating Rail Mass Transit: A century-long legacy and still looking for fine tuning Pierre Messulam 18. Competitive tendering for regional trains: What can be learnt from economic literature? Patricia Perennes 19. Competition law challenges in domestic rail passenger services Mariarosaria Ganino 20. Financing railways Georg Götz and Jan Thomas Schäfer 21. The consumer perspective on railways Mark van Hagen 22. Competition in the market of rail passenger services: the experience of small and medium-sized new entrants in long-distance services in Europe Rodolfo Ramos 23. High-speed rail: From first principles to final expectations Michel Leboeuf 24. The digitalization dilemma in the railway industry Juan Montero Index
£203.00
Edward Elgar Publishing Ltd Advanced Introduction to Legal Research Methods
Book SynopsisElgar 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. In this carefully drafted work, Ernst Hirsch Ballin uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. Offering a critical overview of the theories underlying methodological research, as well as the methods themselves, the book explores how such methods differ along critical, empirical, and fundamental lines, and how, by building on these approaches, legal research may contribute to well-considered developments in the law. Such explorative research, the author argues, is crucial in overcoming crises and restoring trust in the law. Key features include: an exploration of the common object of legal research: law in the sense of legal rules, decisions, principles and values special emphasis on the legal-grammatical category of personhood and on constitutional foundations a consideration of law as a normative language intended to guide behaviour a consideration of the theoretical underpinnings of legal research methods. This Advanced Introduction will greatly benefit legal scholars who seek to understand the object and methods of their work, as well as law and philosophy students looking to grasp the theoretical and methodological foundations of law and legal development.Trade Review'In this wonderfully succinct yet always rigorous volume, Ernst Hirsch Ballin models the very open-mindedness that he rightly identifies as essential to pushing beyond traditional jurisprudence. The result is an excellent introduction to various methodological and theoretical approaches to legal scholarship--what we might call semantic-behavioural, critical-discursive, genealogical-historical, empirical-social scientific--which together show the rich potential of law as an innovative discipline. We owe Hirsch Ballin a debt of gratitude for offering this always fair-minded and insightful take on a perennially challenging and contested topic.' --Peter L. Lindseth, University of Connecticut, School of Law, USTable of ContentsContents: Preface 1. Common object of legal research 2. Critical angles in legal research 3. Empirical legal research 4. Fundamental research 5. Humans in law’s grammar 6. Explorative research 7. Epilogue: horizons of legal research Glossary Bibliography Index
£21.00
Taylor & Francis The Regulation of Internet Pornography
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£41.99
Edward Elgar Publishing Ltd Handbook of Parliamentary Studies:
Book SynopsisThis comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.Through 26 thematic chapters, expert contributors analyse parliamentary institutions from various disciplinary perspectives (history, law, political science, political economy, sociology and anthropology). A wide range of approaches is covered, including the sociological study of members of parliaments, gender studies and the mathematical conceptualisation of legislatures. Exploring the history of parliament, the concepts and theories of parliamentarism, constitutional law, and the linkages between parliaments and the administrative state or with populism, this incisive Handbook provides a panoramic view of this institution. Chapters also map the main trends, patterns of developments and controversies related to parliaments, assessing the strengths and weaknesses of current research and identifying a range of promising avenues for further study.Drawing together international and comparative approaches, the Handbook of Parliamentary Studies will be a critical resource for academics and students of parliamentary politics, political science, political economy, public law and political history. It also provides a vital foundation for researchers of legislative and political institutions.Trade Review‘This remarkable volume edited by Benoit and Rozenberg confirms the compelling need for a radical reconsideration of parliaments as representative institutions of our complex societies. Such an endeavour could not successfully be achieved in the absence of a strong link between new analytical tools and adequate civic energies. This book makes a remarkable contribution in this direction.’ -- Giovanni Rizzoni, Luigi Gianniti, International Journal of Parliamentary Studies'This intriguing volume brings together a remarkably rich and diverse set of perspectives on parliamentary politics from a variety of scholarly disciplines and traditions. There is much to appreciate and celebrate, and from here on there is no excuse for parliamentary studies to be dull or parochial.' -- Kaare Strom, University of California, San Diego, US'For decades parliaments were understudied. This changed drastically when the wave of democratization after the fall of the Iron Curtain crystallized in the establishment of freely elected parliaments. The Handbook of Parliamentary Studies proves that this was not merely driven by idiosyncrasies of ever more specialized sciences but by the very nature of the institution itself. The normative substance and empirical richness of Parliament rightfully resulted in more and more research efforts from a wide range of disciplines. With their selection of fields and authors Benot and Rozenberg impressively demonstrate the plethora of knowledge and insights assembled on parliaments. By widening the perspectives beyond the boundaries of political science and constitutional law they fill "Parliamentary Studies" with a new, attractive meaning.' -- Suzanne S. Schuttemeyer, Martin-Luther-University, Halle, Germany'Parliaments have been the objects of sustained study in many academic disciplines. While the respective disciplinary groups occasionally intersect, the new Handbook of Parliamentary Studies is the first to my knowledge that takes an avowedly interdisciplinary perspective, bringing together scholars from five main fields to consider both their distinctive and common interests in the study of legislatures. Given the growth of legislative studies generally, the Handbook will be a welcome addition for scholars seeking a broader perspective.' -- Gary Cox, Stanford University, USTable of ContentsContents: Chapter 1: Introduction to the Handbook of Parliamentary Studies Cyril Benoît, Olivier Rozenberg Chapter 2: On the concepts of parliament, parliamentarianism and parliamentary democracy Olivier Rozenberg PART I: THEORY & HISTORY Chapter 3: The History of Parliament Paul Seaward Chapter 4: The Pre-History of Parliament Michel Hébert Chapter 5: Aspects of Conceptual History of Parliamentary Politics Kari Palonen Chapter 6: Theories of parliamentarism, philosophies of democracy Didier Mineur PART II: LAW Chapter 7: Parliament in constitutional law Armel Le Divellec Chapter 8: Parliaments in comparative legal and political analyses Cristina Fasone Chapter 9: Beyond Neglect and Disrespect: Legislatures in Legal Scholarship Ittai Bar-Siman-Tov Chapter 10: Sources and Origins of Parliamentary Law Nicola Lupo & Eric Thiers Chapter 11: Parliaments and Fundamental Rights Guillaume Tusseau Part III: POLITICAL SCIENCE Chapter 12: Political Science approaches to legislatures Cyril Benoît, Olivier Rozenberg Chapter 13: Parliaments and Democratic Transitions Alexandra Goujon Chapter 14: The Comparative Institutional Analysis of Parliamentary Ethics Denis Saint-Martin Chapter 15: Legislatures and the Administrative State: Political control, Bureaucratic Politics and Public Accountability Cyril Benoît Chapter 16: Parliaments & Regionalism Bonnie N. Field, Steven T. Wuhs Chapter 17. Parliaments in an age of populism Toru Yoshida PART IV. POLITICAL ECONOMY Chapter 18: The Economic Approach to Assembly Decisions Hervé Crès Chapter 19: Formal approaches to the study of parliaments Cesar Garcia Perez de Leon, Patrick Dumont Chapter 20: Historical Political Economy of Parliaments Alexandra Cirone Chapter 21: Legislatures and Executive Vetoes Valeria Palanza, Gisela Sin PART V: SOCIOLOGY AND Anthropology Chapter 22: Anthropology of Parliaments Emma Crewe Chapter 23: Sociology of Parliaments: New Trajectories Jenni Brichzin, Damien Krichewsky, Leopold Ringel, Jan Schank Chapter 24: Feminist Studies and Parliaments Catherine Achin, Delphine Gardey Chapter 25: Parliament in the policymaking process : toward a sociology of law-making Marc Milet Chapter 26: Parliaments as places of Discourse Christopher Lord, Marion Deville Index
£226.00
Cambridge University Press The Privatization of Peacekeeping Exploring Limits and Responsibility under International Law
Book SynopsisPrivate military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.Table of ContentsIntroduction; Part I. UN Use of PMSCs: The Current Situation: 1. Contracting by the UN: policy and practice; 2. Survey of existing opinion and practice on the possibility of PMSCs as the military component of a UN peace operation; Part II. The Legal Framework of UN Peace Operations and the Use of PMSCs: Introduction; 3. The legal basis for peacekeeping/peace operations; 4. Principles of peacekeeping; 5. PMSCs as the military or police component of the peace operation; 6. The law applicable to peace operations; Part III. PMSCs and Direct Participation in Hostilities: Introduction; 7. The status of PMSC personnel under IHL; 8. The impact of civilian status on the rights and duties of PMSCs: Direct Participation in Hostilities; 9. The use of force by PMSC personnel in self-defence; 10. The use of force in self-defence in peace operations; 11. Human rights law; Part IV. Responsibility: Introduction; 12. Attribution of the actions PMSCs active in peace operations to states; 13. Responsibility of international organizations; 14. Implementation of responsibility; 15. Criminal responsibility; Conclusion.
£999.99
Edward Elgar Publishing Ltd Advanced Introduction to Human Dignity and Law
Book SynopsisElgar 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 thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us. Trade Review'This book offers a compelling introduction to human dignity, the organizing constitutional idea of the postwar era. Reaching beyond western religion, philosophy, and constitutional law, May and Daly expound an idea that is global in its reach and transformative in its ramifications. This book will be of interest to anyone seeking to understand what a legal order that lived up to the demands of human dignity might look like.' --Jacob Weinrib, Queen's University Faculty of Law, Canada'This book is a very complete contribution to the meaning of dignity seen as a universal value and right, with important insights on legal doctrine and policies all over the world. It demonstrates that, inherent to all of us, dignity implies that every single human being must always be treated as a person.' --Paul Cassia, University of Paris 1 Panthéon-Sorbonne, France'With this Advanced Introduction to Human Dignity and Law, Professors James R. May and Erin Daly deliver a global perspective on this ''very important idea''. A mine of legal materials gathered from around the world, this volume brings together essential knowledge on human dignity in a concise and engaging manner. Buzzing with energy, Professor May and Professor Daly's Advanced Introduction is a must read for all those promoting dignity rights, as well as all those curious about the great adventure of humanity and democracy.' --Catherine Dupré, University of Exeter, UKTable of ContentsContents: 1. A very brief overview of a very important idea 2. Dignity and Human Rights 3. An Emerging Overlapping Consensus on the Meaning of Dignity Under Law 4. The Value of A Life: Intrinsic Worth, Agency, and Autonomy 5. The Life of the Mind: Intellectual and Emotional Integrity 6. Living With Dignity 7. Towards a Democratic Theory of Dignity Index
£21.00
The Law Society Criminal Defence: Good Practice in the Criminal
Book SynopsisThis new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.Table of Contents1. The defence solicitor; 2. Legal and professional duties; 3. Obtaining core information for the file; 4. Maintaining file quality; 5. Managing the case; 6. Shaping the case in the police station; 7. Funding the case; 8. The defendant in custody; 9. Advising your client to plead guilty or not guilty; and on likely sentences if convicted; 10. Choosing a place of trial; 11. Preparing for sentence: plea of guilty or conviction; 12. Directions and case management for trial: special measures, bad character and hearsay; 13. Preparing for trial: analysing witness testimony and obtaining disclosure; 14. Preparing for trial: gathering evidence and analysing physical material; 15. Preparing for a Crown Court trial: process issues; 16. Youths; 17. Clients at a disadvantage; 18. Action after acquittal or conviction and sentence; Appendices.
£59.95
Cambridge University Press The Biopolitics of Intellectual Property
Book SynopsisAs a central part of the regulation of contemporary economies, intellectual property (IP) is central to all aspects of our lives. It matters for the works we create, the brands we identify and the medicines we consume. But if IP is power, what kind of power is it, and what does it do? Building on the work of Michel Foucault, Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of public welfare, and as promotion of neoliberal privatization. He argues that intellectual property policy is moving toward neoliberalism, even as that move is broadly contested in everything from resistance movements to Supreme Court decisions. This work should be read by anyone interested in understanding why the struggle to conceptualize IP matters.Trade Review'Tracing the shifting logic of intellectual property over the centuries, Gordon Hull demonstrates that neoliberalism is less concerned with markets or freedom than it is with the economization of everyday life. This groundbreaking genealogy combines Foucauldian theory of biopower with a rich empirical analysis to illuminate how norms and technologies of ownership are now at stake in the shaping of our very subjectivity.' William Davies, Goldsmiths, University of London and author of The Limits of Neoliberalism'A fascinating and richly detailed examination of contested and changing conceptions of intellectual property in the context of shifting regimes of biopower. A must-read for anyone interested in biopolitics and American law.' Ladelle McWhorter, University of Richmond and author of Racism and Sexual Oppression in Anglo-AmericaTable of Contents1. Introduction; 2. Theorizing intellectual property; 3. Copyright; 4. Trademark; 5. Patents; 6. Conclusion: politics was already in the way; 7. Works Cited.
£33.24
Karolinum,Nakladatelstvi Univerzity Karlovy,Czech Republic In Quest of History: On Czech Statehood and
Book SynopsisIn honor of the 2018 centennial of Czech independence, philosopher of law Jir Prib n and award-winning Czech journalist Karel Hv zdala took the opportunity to examine key moments in Czech history from the ninth century to the twenty-first. Covering such a broad span of time allowed them to look into the past and question how Czechs have viewed their history at different points--and what that means for the Czech present and future. As contemporary politics drift closer towards totalitarianism, historiography from scholars and thinkers who experienced twentieth-century totalitarian regimes is more important than ever. In their spirited dialogue, Hv zdala and Prib n raise and explore these crucial issues, sharing subjects normally reserved for university seminars with the broader public.Trade Review"This contemplation by two Czech intellectuals of Czech history . . . should be mandatory reading for understanding the deeper context of our current crisis."--Jacques Rupnik, Sciences Po "Two men who are as European as they are Czech raise a question--Where are we headed? In answering, they deliver a solid classic. What an inspiring dialogue!"--Petr Pithart, Czech politician and signatory of Charter 77 "It's an interesting book because simply by considering the ideas the authors of In Quest of History put forth, the reader loses his certainty of what is true and what is the common consensus--he becomes an individual."--Milan Kundera, author of "The Unbearable Lightness of Being"
£15.00
Cambridge University Press SelfDefence against NonState Actors Volume 1
Book SynopsisIn this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format accommodates the pluralism and value changes of the current era, a shifting world order and the rise in nationalism and populism. It brings to light the cultural, professional and political pluralism which characterises international legal scholarship and exploits this pluralism as a heuristic device. This multiperspectivism exposes how political factors and intellectual styles influence the scholarly approaches and legal answers and the trialogical structure encourages its participants to decentre their perspectives. By explicitly focussing on the authors'' divergence and disagreement, a richer understanding of self-defence against non-state actors is achieved, and the legal challenges andTable of ContentsIntroduction to the series: trialogical international law Anne Peters; Introduction: dilution of self-defence and its discontents Anne Peters and Christian Marxsen; 1. The use of force in self-defence against non-state actors, decline of collective security and the rise of unilateralism: whither international law? Dire Tladi; 2. Self-defence against non-state actors: making sense of the 'armed attack' requirement Christian J. Tams; 3. Self-defence, pernicious doctrines, peremptory norms Mary Ellen O'Connell; Conclusion: self-defence against non-state actors – the way ahead Christian Marxsen and Anne Peters.
£32.29
Taylor & Francis The InterAmerican Human Rights System
a huge range and FREE tracked UK delivery on ALL orders.
£128.25
Cornell University Press Everyday Transgressions Domestic Workers
Book SynopsisAdelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in...Trade ReviewThe book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration. * Choice *An important book for legal and policy historians concerned with labor, Blackett's volume encourages her readers to think about why standards for decent work must be transnational, responsive to workers' experiences, and inspired by a desire to see substantive justice rather than formal law implemented. * Labor: Studies in Working-Class History *Everyday Transgressions is a magnificent piece of research. The book sparks numerous questions and provides innovative heuristic tools for answering them. For specialists in this field (legal scholars and social scientists) but also for domestic workers and activists, it can be read as an invitation to explore the international and local dynamics in which state law confronts and defeats (albeit partially and momentarily) the persistent law of the household workplace. * Revue International des études du Dévelopmenet *Everyday Transgressions is a magnificent piece of research. The book sparks numerous questions and provides innovative heuristic tools for answering them. For specialists in this field (legal scholars and social scientists) but also for domestic workers and activists, it can be read as an invitation to explore the international and local dynamics in which state law confronts and defeats (albeit partially and momentarily) the persistent law of the household workplace. * ILR Review *Table of ContentsAcknowledgments Introduction: Who Cares? 1. Establishing a Transgressive Transnational Legal Order 2. What's Informality Got to Do with It? On Invisibility 3. Subordination or Servitude in the Law of the Household Workplace: Decent Work for Domestic Workers 4. Searching for Law in Historical Cookbooks 5. Tough Spots at the International Labour Conference 6. Beyond Ratification: Diffusing Decent Work for Domestic Workers Conclusion: Thinking Transnationally Postface Appendixes 1. A Note on Terminology 2. Text of the Domestic Workers Convention and Domestic Workers Recommendation 3. International Standard-Setting Timeline 4. The Foregrounded Ethnographies Glossary of Terms Notes Selected Bibliography Index
£999.99
Berrett-Koehler The Ecology of Law: Toward a Legal System in Tune
Book SynopsisFritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction.This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good.Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
£22.10
Good Books Little Book of Conflict Transformation
Book Synopsis
£9.87
Stanford University Press Birthing a Movement: Midwives, Law, and the
Book SynopsisRich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike. Trade Review"A beautifully written narrative weaving together passionate, sometimes harrowing stories from midwives, activists, and mothers. This book is a significant legal intervention and a brave, innovative, and sophisticated exploration." -- Eve Darian-Smith * University of California, Irvine *"Integrating an impressive array of qualitative data, rich personal stories, sophisticated theoretical analysis, exquisite writing, and a compassionate authorial voice, this splendid book is a great read and a major addition to the sociolegal scholarship on law and social movements." -- Michael McCann * University of Washington *"Engaging and compassionate. A must-read for every social movements scholar, it is written so as to be accessible and relevant to the undergraduate reader as well. Birthing a Movement is a book that I plan to cite and assign for years to come." -- Sarah Hampson * University of Washington *Table of ContentsContents and AbstractsIntroduction: Knowing About Legality and Illegality in Midwifery Care in the United States chapter abstractThe introduction tells the story of Gina, a midwife working illegally at the time of our interview. Using Gina's story as a frame of reference, the introduction explains the varying legal status for midwives in the United States and distinguishes certified professional midwives from other professionals who attend labor and delivery. The introduction also provides the theoretical and scholarly context for the rest of the book, focusing on legal pluralism, legal consciousness, legal mobilization, and the limits of law as it is implemented. Finally, the introduction explains my methodology in both researching and presenting the data and argues that we need to tell stories about law and society that are embodied, integrative, and holistic—much like the care provided by midwives to their clients. 1History and Status of Midwives in the United States chapter abstractChapter 1 begins with a story from Missouri after Ophelia, a certified professional midwife, attends a birth that brings her to the attention of the police. The chapter asks how we got to a place where a safe, qualified, trained birth attendant can fear prosecution for a good-outcome birth. The history of midwifery in the United States is one that combines medicalization and professionalization of birth, imperatives of nation-building through reproduction, and a renaissance in care that brought the profession of non-nurse midwifery back from the brink of extinction. Chapter 1 provides a version of that history, stressing that this version is the one told by advocates and midwives as they seek to expand access to care. 2Modern and Professional: Legitimating, Marketing, and Reimagining Midwives chapter abstractChapter 2 demonstrates that, in the name of professionalization, midwives have engaged in seeking legitimization of non-nurse midwifery via national organizations, 3Mostly Happy Accidents: Successfully Mobilizing for Legal Status chapter abstractChapter 3 explores the multiple ways that midwives and advocates use politics to mobilize for legal status. Focusing on the success stories in South Dakota and Missouri, it highlights how the long-term activism in both states, combined with "happy accidents" or contingencies, facilitated the passage of legalization bills. Midwives and advocates use traditional and social media, letter-writing to legislators, and consistent presence in the statehouse to get their bills passed. They also engage in novel attention-seeking activities like making quilts and calendars, designing T-shirts, and handing out M&M cookies (for "moms and midwives"). 4Rights, Rules, and Regulation chapter abstractThis chapter begins with the unusual story of how lawyers needed to defend the constitutionality of the Missouri bill against claims by the Missouri Medical Association, as a way to frame the examination the legal mobilization undertaken on behalf of midwives nationwide. This mobilization includes criminal defense of their practice and lawsuits brought on behalf of victims of obstetric violence. It also includes seeking regulatory governance in rulemaking, defining the scope of practice for midwives, and articulating access to the state as a goal for the movement. 5Catching Babies and Catching Hell: Constitutive Interactions in the Limits and Shadow of the Law chapter abstractChapter 5 examines the various ways that midwives experience their daily practices and finds that, even in states where they are legal and regulated, the law limits and shadows how CPMs work. This limiting of the law is related to cultural disapprobation of out-of-hospital birth and the ways that that disapprobation is reinforced by friends, family, and hospital staff. Chapter 5 shares the stories of midwives who find constraints on their practice from the expressions of these norms and details the difficulties they have finding insurance, finding back-up physicians, and even knowing what the law is. It also shares stories of midwives and mothers who "catch hell" when they discuss their out-of-hospital birth plans or must transfer a client to the hospital for emergency care. 6Deep Transformations, Deep Contradictions: Changing Birth Culture One Movie, One Picnic, One<3.>Tiny Little Epistemological Shift at a Time chapter abstractThis chapter examines the multiple ways that midwives and advocates seek to change birth culture in any given locale, from hosting movies and picnics to thinking through the proper role of hospital and state in labor and delivery. It moves from eco-feminist midwifery advocacy in Berkeley, California, to emergency childbirth classes in rural South Dakota, highlighting the ways that locale shapes approaches to thinking about midwifery care. Chapter 6 also focuses on the contradictions and tensions within the pro-midwifery movement—around issues like abortion, vaccination and homeschooling, rights-seeking, partisan politics, and the decision to seek government intervention and approval at all. The goal in all of these conversations is to facilitate expanded access to midwifery care and the extension of reproductive justice to all who labor and deliver. Conclusion: Attending to Birth in Sociolegal Scholarship: Embodied, Interdisciplinary, and Authoritative Knowledge chapter abstractThe conclusion offers closing thoughts on the relationship between disciplinarity and regulation—seeing both as simultaneously emancipatory and constraining. The conclusion examines the tensions within midwifery communities, and within sociolegal scholarship, and argues that sitting with those tensions in an embodied, interdisciplinary, authoritative epistemology is the way to do good work in both settings.
£23.79
Lulu Press The Toronto Protocol
£9.80
Edward Elgar Publishing Ltd Global Counter-Terrorist Financing and Soft Law:
Book SynopsisThis highly topical book is an original contribution to the current literature on counter-terrorist financing, compliance and soft law. Specifically, the book focuses on Financial Action Task Force recommendations and counter-terrorism financing legislation. This thought-provoking investigation demonstrates that an understanding of the counter-terrorism financing regime can shed light on the departure from regular international law-making processes, and on the emerging forms of international governance in an era of globalisation. An understanding of the regime s multi-layered approach shows how this can be replicated as a tool in the prevention and resolution of conflict and the promotion of international justice in areas such as human trafficking, drug trafficking, and weapons of mass destruction. This book will be an invaluable resource for those studying and researching in law, terrorism studies, criminal justice and finance, in particular comparative law and compliance with hard and soft law. It will also be relevant to policymakers and practitioners working in counter-terrorism.Trade Review'An important and compelling account of the development of a global regime to counter terrorism financing. Vital material for all students of counter-terrorism and the role of soft law and national self-interest in producing compliance with international law.' --Kent Roach, University of Toronto, CanadaTable of ContentsContents: 1. Introduction 2. The Importance of Countering Terrorist Financing 3. Binding and Non-Binding Norms in Countering Terrorist Financing 4. Examining the Level of Implementation 5. Examining the Level of Compliance 6. Features of the Regime That Have Led to Its High Levels of Compliance 7. Conclusion Index
£100.00
Duke University Press Biopolitics of the MoreThanHuman
Book SynopsisIn Biopolitics of the More-Than-Human Joseph Pugliese examines the concept of the biopolitical through a nonanthropocentric lens, arguing that more-than-human entities—from soil and orchards to animals and water—are actors and agents in their own right with legitimate claims to justice. Examining occupied Palestine, Guantánamo, and sites of US drone strikes in Afghanistan, Pakistan, Somalia, and Yemen, Pugliese challenges notions of human exceptionalism by arguing that more-than-human victims of war and colonialism are entangled with and subject to the same violent biopolitical regimes as humans. He also draws on Indigenous epistemologies that invest more-than-human entities with judicial standing to argue for an ethico-legal framework that will enable the realization of ecological justice. Bringing the more-than-human world into the purview of justice, Pugliese makes visible the ecological effects of human war that would otherwise remain outside the domains oTrade Review“A mesmerizing exploration of the more-than-human dimensions of later modern war that is never less than deeply human. Linguistically inventive, analytically sobering—you keep wondering why it has taken us so long to see like this—Joseph Pugliese's vision of forensic ecology initiates an arrestingly novel critique of military violence. At once profoundly political and deeply ethical, this is a magnificently vital achievement.” -- Derek Gregory, Peter Wall Distinguished Professor and Professor of Geography, University of British Columbia“Joseph Pugliese’s reconfiguration of biopolitics does not simply take the politics of populations and life and extend its range to include the more-than-human; the very threshold between the human and ‘other’ life-forms falls away. What is revealed is a new political-legal ethics entirely: not a question of how ‘we’ humans grant rights to others, but of how the more-than-human offers itself as an imperative to rethink the anthropocentrism of European law. Exploring Indigenous and non-Western cosmologies provides a way to think about life, value, and politics that does not rely on the dignity of the human and its concomitant violence for all that is other-than-human. It is rare to read a book that combines such theoretical dexterity with fascinating empirical analysis of some of our most pressing ethical issues.” -- Claire Colebrook, author of * Death of the PostHuman: Essays on Extinction *"Pugliese’s book makes a valuable contribution to the fields of critical legal studies, critical security studies, and geopolitical ecology. . . . He admirably weaves a decolonial lens with new materialism and draws effectively on Indigenous cosmoepistemologies to expand the way we conceptualize, perceive, and feel these forms of more-than-human violence.” -- Michael J. Albert * Law, Culture, and the Humanities *"Pugliese's retheorization of biopolitics offers new ways of understanding military violence by attending to the different technologies used to manage life and death. . . . Pugliese's interventions powerfully unearth the 'forensic ecologies of saturated violence,' their more-than-human witnesses, and their possibilities for resistance." -- Nicole Nguyen * Journal of Palestine Studies *"Biopolitics of the More-Than-Human contributes to debates on violence and conflict in environmental politics on whether and why Israeli occupation, settler colonialism, anti-black racism, and US toxic militarism should be challenged as environmental justice problems. Moreover, this book helps educators to teach Foucauldian discourse, biopolitics, and power relations through a critical postcolonial lens via a life and death example that is still occurring every single day." -- Rezvaneh Erfani * Postcolonial Studies *Table of ContentsAcknowledgments vii Introduction 1 1. Zoopolitics of the Cage 39 2. Biopolitical Modalities of the More-Than-Human and Their Forensic Ecologies 81 3. Animal Excendence and Inanimal Torture 124 4. Drone Sparagmos 166 Afterword 203 Notes 217 Bibliography 255 Index
£20.69
Harvard University Press New Laws of Robotics
Book SynopsisArtificial intelligence threatens to disrupt the professions as it has manufacturing. Frank Pasquale argues that law and policy can avert this outcome and promote better ones: instead of replacing humans, technology can make our labor more valuable. Through regulation, we can ensure that AI promotes inclusive prosperity.Trade ReviewThought-provoking…Explores how we can best try to ensure that robots work for us, rather than against us, and proposes a new set of laws to provide a conceptual framework for our thinking on the subject. * Financial Times *Pasquale calls for a society-wide reengineering of policy, politics, economics, and labor relations to set technology on a more regulated and egalitarian path…Makes a good case for injecting more bureaucracy into our techno-dreams, if we really want to make the world a better place. * Wired *Pasquale has explored the myriad ways that technological advances affect how we work, what media we consume, how law is made and enforced, and much more. He brings a refreshingly philosophical, even spiritual, perspective to these discussions, while concretely addressing the problems that arise when robots advance into hospitals, schools, and militaries. -- Lawrence Joseph * Commonweal *We are careening toward a future where machines rule and people are diminished and excluded. In this jewel of a book, Frank Pasquale demonstrates beyond doubt that a machine future is neither inevitable nor desirable, but he does not stop there. Instead, he judiciously constructs the urgently needed alternative, outlining the principles and practices—for technology, public policy, and law—that set us on a new trajectory toward a humane digital future. Citizens and lawmakers, read this book as if our future depends upon it. This is the rare case when it actually does. -- Shoshana Zuboff, author of The Age of Surveillance CapitalismFrank Pasquale is one of the leading voices on the uneven and often unfair consequences of AI in our society. In this insightful new work, he explains how we can protect workers and foster a world free from harmful and discriminatory technologies. Every policymaker should read this book and seek his counsel. -- Safiya Noble, author of Algorithms of OppressionA powerful call to action for all contingents within society to work together as a moral obligation to write our own narrative in the AI revolution and essential reading for all who have a vested interest in the rise of AI. -- Daryl Li * AI & Society *In a way, Pasquale’s impassioned pleas…on behalf of the endangered human world make him a mythic hero. He’s on a quest, fighting lazy thinking and influential tech behemoths…I was inspired by the innovative, richly supported, and poetic descriptions in New Laws of Robotics. Far from being the product of a natural language processing algorithm, this book could have been written only by a creative, passionate, persistent person. Frank Pasquale has done much to raise awareness of how important it is to value expertise, appreciate human abilities, avoid technological arms races, and take responsibility for the technologies humans create. -- Ben Shneiderman * Issues in Science and Technology *In Frank Pasquale’s bold and humane vision of robotics and artificial intelligence, technology transforms our lives for the better. It works with people and for people, instead of imitating or displacing them. It promotes social cooperation rather than ruthless competition. It improves the professions instead of unraveling them. Drawing on examples from health, finance, education, policing, and social media, Pasquale shows how realizing his new laws of robotics will require us to reimagine our economy, our uses of knowledge, and our ways of life. -- Jack M. Balkin, Director, The Information Society Project at Yale Law SchoolFrank Pasquale is not only one of the most prescient legal scholars in the world today, he’s one of the most humane. In this much-needed new book, he lays out a simple and wise framework for governing the coming world of AI and robotics—one that will put technology in service to humanity, rather than the other way around. -- Rana Foroohar, author of Don’t Be EvilCompelling, insightful, and balanced, New Laws of Robotics reveals the difficult choices we face in a time of increased automation. Underscoring the complex incentives and power imbalances in robotics and AI, Frank Pasquale makes a powerful and urgent case for a more democratic and equitable approach to regulating this space. -- Kate Crawford, cofounder of the AI Now Institute at New York UniversityFrank Pasquale provides a much-needed antidote to the ‘disrupt first, ask questions later’ approach that plagues the tech industry. His message is urgently important: automation can benefit society, but only if we plan ahead and apply human, social intelligence to designing the artificial kind. This is a compelling must-read for anyone interested in the future of automation, and should be compulsory for anyone involved in developing, implementing, or regulating that technology. -- Mark Andrejevic, author of Automated MediaPasquale’s New Laws of Robotics presents a hopeful vision of the AI future, predicated on cooperative relations and inclusive prosperity. Engaging, evocative, and filled with new insights, Pasquale’s book is a must read for policymakers. -- Marc Rotenberg, Director, Center for AI and Digital Policy
£22.46
Monash University Publishing John Jefferson Bray: A Vigilant Life
Book Synopsis
£24.29
Jessica Kingsley Publishers Restorative Theory in Practice: Insights Into
Book SynopsisRestorative practice is an innovative approach to thinking about, and addressing, conflict and bullying, as well as disruptive, challenging and criminal behaviour. The approach is increasingly used to transform the culture of organisations, institutions and services and the way people communicate with one another.In this book, ten practitioners describe a restorative encounter as seen through the lens of their own theoretical model. The book's unique structure is modelled on a restorative practice known as Circle Time- comprising of a Check-in, a Main Activity, and a Check-out. In the Check-in the practitioner explains how their own theoretical model informs their practice; in the Main Activity they comment on the same case studies to highlight how each theory can deepen our understanding of what might be happening and why; and in the Check-out they reflect on what they have learned from reading each other's contributions. This is a unique exemplar of how restorative theory and practice can influence how practitioners think, learn and write about restorative practice.This will be an invaluable resource for restorative practitioners working across sectors including education, social services, youth offending or policy.Trade ReviewAs restorative justice continues to grow, expanding into new contexts and guided by practitioners from a wide range of backgrounds, it is critical that we maintain a solid foundation in the core guiding principles of the field and a strong connection to theories that support the work. Such a focus on restorative justice praxis brings together practice and theory, each informing the other and resulting in action that is guided by critical reflection. Belinda Hopkins contributes to this much-needed praxis by collaborating with ten leaders in the field of restorative justice who share the theories that support their work. This is not just a theory book, however; each of the theories is situated in ongoing work and applied in practical ways. This will definitely be a text I use in my classes. -- Katherine Evans, Assistant Professor, Restorative Justice in Education, Eastern Mennonite University, Harrisonburg, Virginia, USAIt has been said that restorative justice is a practice in search of a theory. Thanks to Belinda Hopkins we now have ten theories succinctly outlined and applied to restorative practices. Practitioners, academics and students who want to analyse and deconstruct ideas that support restorative justice will find that this book will be an invaluable resource for many years. -- Tim Chapman, Course Director, Ulster University Masters in Restorative PracticesIn this book, Belinda Hopkins has brought together an important set of contributions in this maturing field of enquiry. It is no mean feat to structure a book in a way that reflects the restorative principles and process itself, but in doing so, she has successfully opened up space for debates on key issues from a range of significant perspectives. This thought provoking book will be helpful to practitioners, trainers and students alike. -- Dr Gillean McCluskey, Head of Institute for Education, Community & Society, University of EdinburghThis new book is a valuable addition to the literature around restorative practice. Bringing together a range of contributors with experience of delivering restorative practice, and innovatively structured based around a restorative process, it examines restorative encounters from different perspectives and explores the ways in which successful outcomes may be achieved. Clear, accessible and interesting, this book is well worth reading for anybody interested in restorative practice. -- Jon Collins, Chief Executive Officer, Restorative Justice Council, UKTable of ContentsPreface. Introductory Check-in. 1 Affect and Script Psychology - Restorative Practice, Biology and a Theory of Human Motivation, Marg Thorsborne, Managing Director of Margaret Thorsborne and Associates (Queensland and London), Australia. 2 Attribution Theory, Juliet Starbuck, Chartered Educational Psychologist, Connect to Change Ltd and University College London, UK. 3 Critical Relational Theory, Dorothy Vaandering, Memorial University, St. John's, Newfoundland and Labrador, Canada. 4 Depth Psychology and the Psychology of Conflict, Ann Shearer, Jungian Analyst, UK. 5 Nonviolent Commmunication, Shona Cameron, Educational Psychologist, Falkirk Council, UK. 6 Personal Construct Approaches, Pam Denicolo, University of Reading, Emeritus Professor, University of Surrey, Consultant Professor on Doctoral Education, UK. 7 Towards a Relational Theory of Restorative Justice, Mark Vander Vennen, Shalem Mental Health Network, Canada. 8 Resonant Empathy, Pete Wallis, Senior Practitioner (Restorative Justice), Oxfordshire Youth Justice Service, UK. 9 A Social Constructionist Approach to Restorative Conferencing, Wendy Drewery, Faculty of Education, University of Waikato, Hamilton, New Zealand. 10 Transactional Analysis, Mo Felton, UKCP Registered Transactional Analyst Psychotherapist, Trainer and Supervisor and UKATA Registered Psychotherapist Trainer and Supervisor, UK. 11 Ten Different Ways to Approach a Restorative Encounter, Belinda Hopkins, Founder and Director of Transforming Conflict, UK. Closing Check-out.
£28.49
Back Pocket Publishing Negotiate Like YOU M.A.T.T.E.R.: The Sure Fire Method to Step Up and Win
£19.95
Edward Elgar Publishing Ltd Foundations of International Economic Law
Book SynopsisThis introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development. This concise textbook offers a comprehensive and accessible overview of the international legal frameworks and organizations that govern the economic relations among and between states and multinational enterprises. Collins highlights the leading cases of international tribunals and the most pressing debates, drawing attention to the role of law in balancing the goal of economic liberalization with important public interest values and the tension between sovereignty and commitment to international rules. This textbook outlines the historic rationales and contemporary roles of prominent international organizations, such as WTO, IMF and the World Bank, exploring the ways in which the global economy of the twenty-first century has been cultivated by a distinct and dynamic discipline within international law. Key features include: Further reading lists for each topic, pointing students towards useful sources for more in-depth study Provocative and challenging discussion questions to further critical thinking either in or outside of the classroom Diagrams aiding learning by presenting essential concepts in a clear, visual format. Foundations of International Economic Law is an essential guide for undergraduate and graduate students of international economic law.Trade Review'An informative and useful primer on international economic law (IEL). Written in an accessible style, Collins rises to the challenge of producing a survey book focusing on the key principles across the discipline. Students, academics and practitioners will appreciate how contemporary issues are used to reinforce these principles.' --Bryan Mercurio, The Chinese University of Hong Kong, Hong Kong'The amorphous field of international economic law has been in need of an up-to-date treatment for students, scholars and policymakers that brings its various interweaving strands together to make sense of current developments in historical context. David Collins has written that book.' --Tania Voon, Melbourne Law School, AustraliaTable of ContentsContents: 1. Introduction: historic context and rationales for international trade, foreign direct investment, monetary relations and development PART I INTERNATIONAL TRADE LAW 2. The World Trade Organization’s General Agreement on Tariffs and Trade: quotas, tariffs, non-discrimination, transparency and regionalism in international trade 3. Dispute resolution in international trade: the WTO Dispute Settlement Understanding and regional trade agreement dispute resolution 4. Subsidies, antidumping, safeguards and trade in services 5. General exceptions, health and safety, and intellectual property PART II INTERNATIONAL INVESTMENT LAW 6. Bilateral, regional and multilateral investment agreements 7. International investment agreements: standards of protection, compensation and exceptions 8. Dispute settlement in international investment law PART III INTERNATIONAL MONETARY LAW AND DEVELOPMENT 9. International monetary relations and the International Monetary Fund 10. International development and the World Bank Index
£38.90
Edward Elgar Publishing Ltd Intellectual Property and Competition Law: The
Book SynopsisThis rich and challenging book offers a critical appraisal of the relationship between intellectual property law and competition law, from a particularly European perspective.Gustavo Ghidini highlights the deficiencies in studying each of these areas of law independently and argues for a more holistic approach, insisting that it is more useful, and indeed essential, to consider them as interdependent. He does this first by examining how competition and intellectual property (IP) converge, diverge, and inform one another. Secondly, he assesses how IP law can be interpreted through the guiding principles of competition law - antitrust and unfair competition - and within the overarching principle of free competition.The book traces the evolution of modern IP law, which it claims is marked heavily both by 'over-protectionist' trends - such as the extension of copyright law to technological fields, where it trespasses on the territory of patent law - and by attempts to monopolize the achievements of basic research, such as in the example of biotechnology. Through an examination of such emerging issues as access to standards of information and patenting of genetic materials, the author makes a clear case for a reading of IP law that promotes dynamic processes of 'innovation by competition', and 'competition by innovation', with related benefits to consumer welfare such as wider choices, greater access to culture and information, and lower prices.Advanced students and researchers in all areas of intellectual property will find this book a stimulating alternative to traditional interpretations of the subject.Trade Review'The book ends with a comprehensive selection of the relevant bibliography. This part is all the more valuable to the reader as Ghidini does not simply list the relevant literature but puts it in it general context and comments on it. Ghidini's book is a fascinating trip through the system of IP laws.' -- Beatriz Conde Gallego, Intellectual Property and Competition Law'Intellectual Property and Competition Law by Gustavo Ghidini provides a persuasively presented descriptive analysis of a distinctively European perspective on intellectual property law and its relationship to competition law. Professor Ghidini expertly presents the evolution of intellectual property laws and its contemporary manifestations with respect to the expansion copyright law in technological fields and the inevitability conflict with patent law, the attempt at creating monopolies (such as in biotechnology), and so much more. A seminal work of impressive and articulate scholarship, Intellectual Property and Competition Law should be considered mandatory reading for students and researchers in the field of intellectual property rights and a very strongly recommended addition to academic library "International Economics" and "Judicial Studies" reference collections.' -- The Economics Shelf, Midwest Book Review'. . . the provocative nature of this book is one of its great strengths, as are its cohesiveness and erudition.' -- Mel Marquis, European Competition Law ReviewTable of ContentsContents: Preface by J.H. Reichman 1. Introduction and the General Framework 2. Patent Protection of Innovations: A Monopoly with a Wealth of Antibodies 3. From Art to Technology: The Expansion of Copyright 4. The Distinguishing Function and Advertising Value of the Trademark: Main Aspects and Critique of a European ‘Reform’ 5. On the ‘Intersection(s)’ of IP and Competition Law(s) Index
£94.00
Harvard University Press The Living Presidency
Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *
£22.46
Edward Elgar Publishing Ltd Maritime Security and the Law of the Sea: Help or
Book SynopsisExploring everything from contemporary challenges to ocean security this book offers detailed insights into the increasing activities of state and non-state actors at sea. Chapters revisit the United Nations Convention on the Law of the Sea (LOSC), highlighting how not all maritime security threats can be addressed by this, and further looking at the ways in which the LOSC may even hinder maritime security. Featuring contributions from both expert academics and practitioners in the field, the book explores new maritime security threats posed by non-state actors, such as piracy and illegal fishing. It analyses how states have had to reconsider their understanding of maritime security and rethink the use and protection of their maritime domain in the face of modern challenges, including the robotics revolution, the rise of unmanned systems and the blue economy agenda. Providing a comprehensive analysis of the interplay between LOSC and maritime security, this is key reading for scholars of maritime law, international relations and security studies. Practitioners working in the shipping industry or fishing sector, as well as maritime law enforcement officials will benefit from the practical advice offered. 'There is increasing agreement maritime security is important, but there is still disagreement about what that implies or even what the term means. This book is a timely intervention in the debate by leading thinkers in the field. Maritime security scholars and practitioners will find it an indispensable reference.' - Douglas Guilfoyle, University of New South Wales Canberra, Australia Contributors include: R. Barnes, C. Bueger, K. Chadwick, T. Edmunds, S. Kopela, A. Murdoch, A. Petrig, V. Roeben, M. Rosello, K. ZouTrade Review‘This book critically raises the visibility of the need for States and international organizations to comply with UNCLOS when addressing their deepening and interconnected maritime security concerns. This book makes a significant contribution to the literature in the process. A worthy addition to any bookshelf, this book should remain relevant for years to come.’ -- Arron N Honniball, Ocean Yearbook'The interplay between maritime security and the law of the sea has emerged as both an important and challenging issue. This volume explores this issue through a series of timely contributions by leading scholars and practitioners in the field and is expected to make a valid contribution to the scholarship on maritime security.' --Efthymios Papastavridis, University of Oxford, UK'Maritime Security and the Law of the Sea: Help or Hindrance? provides important insights into cutting-edge maritime security issues and whether the law of the sea is still fit for purpose. The diverse topics addressed will hold considerable interest for all stakeholders working in maritime security.' --Natalie Klein, University of New South Wales, Australia'This timely and important volume makes a significant contribution to the literature on both maritime security and the 1982 LOS Treaty. The editors and contributors have convincingly demonstrated that issues of maritime security pose serious challenges for the international community and to the legal regime established in the LOS Treaty.' --Robert Beckman, National University of Singapore‘There is increasing agreement maritime security is important, but there is still disagreement about what that implies or even what the term means. This book is a timely intervention in the debate by leading thinkers in the field. Maritime security scholars and practitioners will find it an indispensable reference.’ -- Douglas Guilfoyle, University of New South Wales Canberra, AustraliaTable of ContentsContents: 1 The interplay between maritime security and the 1982 United Nations Convention on the Law of the Sea: help or hindrance? 1 Sofia Galani and Malcolm D. Evans 2 Beyond seablindness: a new agenda for maritime security studies 25 Christian Bueger and Timothy Edmunds 3 Fisheries and maritime security: understanding and enhancing the connection 48 Richard Barnes and Mercedes Rosello 4 High-end maritime security as legal argumentation 83 Volker Roeben 5 The commission of maritime crimes with unmanned systems: an interpretive challenge for the United Nations Convention on the Law of the Sea 104 Anna Petrig 6 Unmanned maritime systems will shape the future of naval operations: is international law ready? 132 Kara Chadwick 7 Ships without nationality: interdiction on the high seas 157 Andrew Murdoch 8 Tackling maritime security threats from a port state’s perspective 180 Sophia Kopela 9 Towards the Code of Conduct for the South China Sea: maritime security dimensions 202 Keyuan Zou Index 218
£94.00
Taylor & Francis Introduction to Intelligence Studies
Book SynopsisIntroduction to Intelligence Studies (third edition) provides an overview of the US intelligence community, to include its history, organization, and function.Since the attacks of 9/11, the United States Intelligence Community (IC) has undergone an extensive overhaul. This textbook provides a comprehensive overview of intelligence and security issues, defining critical terms and reviewing the history of intelligence as practiced in the United States. Designed in a practical sequence, the book begins with the basics of intelligence, progresses through its history, describes best practices, and explores the way the intelligence community looks and operates today. The authors examine the pillars of the American intelligence systemâcollection, analysis, counterintelligence, and covert operationsâand demonstrate how these work together to provide decision advantage. The book offers equal treatment to the functions of the intelligence worldâbalancing coverage on intelligenTrade ReviewPraise for previous editions:'The authors, all proven educators on national security issues, have effectively delivered on their objective...provides the student a clear understanding of the complexity of intelligence gathering and analysis.'-- Security ManagementTable of Contents1. An Overview of Intelligence 2. History of Intelligence in the United States 3. The IC Today 4. Collection 5. Barriers to Analysis 6. Analytical Methods 7. Putting It All Together: The Intelligence Cycle 8. Counterintelligence 9. Covert Operations 10. Constitutional Mandates—Overview of Executive, Legislative, and Judicial Roles 11. Writing and Briefing for the Intelligence Community 12. Military Intelligence 13. Criminal Intelligence and Crime Analysis 14. Threats and Challenges for the Twenty-First Century 15. Future of Intelligence
£68.39
Columbia University Press Identifying with Nationality Europeans Ottomans
Book SynopsisIdentifying with Nationality traces the advent of modern citizenship to multinational, transimperial settings such as turn-of-the-century colonial Alexandria, where ordinary people abandoned old identifiers and grasped nationality as the best means to access the protections promised by expanding states.Trade ReviewWhat nationality are you? In his stunning book, Will Hanley follows this modern question deep into the social existence of ordinary Alexandrians, demonstrating the contradictory effects of its imposition. The results open a portal, not simply on a unique city in the tumultuous years between Ottoman rule and Egyptian semi-sovereignty, but also on a pivotal global experience that historians have missed. In this lucidly written and well-researched book, Hanley rewrites the history of international law and intervenes brilliantly in multiple literatures. A must-read. -- Samuel Moyn, Harvard University, author of Not Enough: Human Rights in an Unequal WorldHanley's book is a superb historical and sociolegal account of the rise of nationality—the universal regime of legal identification that captures what is unique about the modern world. Along the way, Hanley vividly captures the loss of another world: of concrete and heterogeneous forms of life that sought protection in other networks of affiliation. I recommend this remarkably researched and beautifully written book to scholars in Middle Eastern studies, and also to anyone who is thinking about a key characteristic of our world—the persistence of statelessness. -- Samera Esmeir, University of California, BerkeleyIdentifying with Nationality is a magisterial investigation into Alexandria's diverse population, which comprised interwoven European, colonial, local, imperial, and national entities. Will Hanley examines this patchwork setting, clarifies that nationality at the end of the nineteenth century was a European privilege, and explores the process by which it would become what it is today: the most fundamental human right. An illuminating masterpiece. -- Patrick Weil, vsiting professor of law and Oscar M. Ruebhausen Distinguished Senior Fellow, Yale UniversityWith its close and textured descriptions and analysis, Hanley’s book sheds important new light on the social history of an important port city. . . . Anybody who is interested in late Ottoman Egypt will find it impossible to ignore this book. * Journal of Interdisciplinary History *The arguments that this book advances are elegantly constructed and undergirded with brilliant research. They are made even more impressive by writing that shows real élan. Hanley’s work offers a major contribution to Egyptian and Ottoman history that should also be required reading for historians of Europe and the wider Mediterranean. -- Alex Chase-Levenson * English Historical Review *An extremely original and illuminating study. It opens up an entirely new field of historical research exploring the construction of modern human frameworks of identity in Egypt and the Middle East. . . . Hanley's attention to both the particular and the global, to the national and the transnational/international, makes his book an indispensable work, not only for students of the Middle East, but also for anybody interested in the formation of modern nationality, nationalism, and citizenship. * International Journal of Middle East Studies *Groundbreaking. . . . Richly detailed and beautifully written. . . . Hanley sheds new light on the origins and spread of the nation-state system in the Mediterranean world. * Review of Middle East Studies *An outstanding study of the imposition of nationality in imperial Alexandria. Highly recommended. * Choice *Table of ContentsList of IllustrationsList of TablesAcknowledgmentsAbbreviationsIntroduction: Nationality GraspedPart I: Settings1. Vulgar Cosmopolitanism2. KeywordsPart II: Means3. Papers4. Census5. Money6. MarriagePart III: Other Nationalities7. Europeans8. Foreigners9. Protégés10. Bad Subjects11. Ottomans12. LocalsEpilogue: Egyptians in a World of Universal NationalityNotesBibliographyIndex
£25.00
Bloomsbury Publishing PLC Banking and Capital Markets Companion
Book SynopsisBanking and Capital Markets Companion, 6th edition provides a clear and concise examination of the law, practice and procedure of fund raising in the banking and capital markets. It covers loans, debt securities, derivatives and security for debt using graphics, flowcharts, bullets and summaries to present the subject in an analytical format that is easy to read and recall. It is based on industry standard materials of the Loan Market Association, the International Capital Markets Association, the International Swaps and Derivatives Association and the British Bankers Association and the new edition has been comprehensively revised and updated to take account of new legislation, regulation and case law. There has been considerable change in this area of law since the last edition published. The book is updated to reflect the LIBOR (London Interbank Offered Rate) practice and sovereign debt short selling restrictions and significant case law on Marshalling and ISDA Master Agreements. The tax section is updated to take account of the 2011, 2012, 2013 and 2014 Finance Acts. Legislation and case law includes: Financial Services Act 2012 setting up the new UK financial structure; 2011, 2012, 2013 and 2014 Finance Acts; Capital Requirement Directives 3 and 4; Regulation on derivative market infrastructure (EMIR); Short Selling Regulation; Amendments of Prospectus Directive, Financial Collateral Arrangements, Credit agencies regulations, regulation of restrictions on selling of securities - resulting in UK orders amending domestic law. Contents: 1. Debt Finance; 2. Basics; 3. Banking; 4. Loans; 5. Debt Securities; 6. Collateral and guarantees; 7. Derivatives; 8. Opinions; 9. Sovereign Debt; 10. Taxation. Banking and Capital Markets Companion is a much-needed guide for postgraduates studying for their MA, LLM or LPC. It is also an excellent single-volume reference guide for all banking executives, practitioners and newly qualified lawyers seeking a quick answer, or a starting point for in-depth research, on a particular aspect of the subject. Previous print edition ISBN:9781847663085Table of Contents1. Debt Finance: A. Introduction B. Debt finance C. Funding requirements; 2. Basics: A. Relationships B. Documentary principles C. Contractual principles D. Governing law E. Interpretation F. Misrepresentation G. Set-off and netting H. Credit ratings; 3. Banking: A. Banking business B. Banking regulation C. Funding; 4. Loans: A. Preliminary aspects B. Loan agreement C. Short-term facilities D. Trading in loan assets; 5. Debt Securities: A. Nature of debt securities B. Bond issue process C. Bond documentation D. Other debt instrument E. Convertibles and warrants; 6. Collateral and guarantees: A. Collateral B. Guarantees; 7. Derivatives: A. Products B. Nature C. Documentation; 8. Opinions: A. Opinions; 9. Sovereign Debt: A. Introduction B. Documentary issues C. Rescheduling D. Recognition and succession; 10. Taxation: A. UK tax net B. Corporation tax (CT) C. Debt D. Stamp duty E. Stamp duty reserve tax (SDRT) F. Bank levy (outline).
£65.00
LEGARE STREET PR The The Law and Practice of Patents for Inventions
£23.70
Rutgers University Press The Politics of Genocide: From the Genocide
Book SynopsisBeginning with the negotiations that concluded with the unanimous adoption of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948, and extending to the present day, the United States, Soviet Union/Russia, China, United Kingdom, and France have put forth great effort to ensure that they will not be implicated in the crime of genocide. If this were to fail, they have also ensured that holding any of them accountable for genocide will be practically impossible. By situating genocide prevention in a system of territorial jurisdiction; by excluding protection for political groups and acts constituting cultural genocide from the Genocide Convention; by controlling when genocide is meaningfully named at the Security Council; and by pointing the responsibility to protect in directions away from any of the P-5, they have achieved what can only be described as practical impunity for genocide. The Politics of Genocide is the first book to explicitly demonstrate how the permanent member nations have exploited the Genocide Convention to isolate themselves from the reach of the law, marking them as "outlaw states."Trade Review"In The Politics of Genocide, Jeffrey S. Bachman conducts an unsparing analysis of the United Nations (UN) Genocide Convention’s formulation in 1947-48 and subsequent selective application by the permanent members of the UN Security Council. Decrying the orchestrated 'culture of impunity for genocide,' this book is a necessary corrective to the view that the Genocide Convention has humanized world politics." -- Dirk Moses * author of The Problems of Genocide *A rigorous and revisionist study of how framings of genocide, and applications of the relevant international law, granted effective impunity to the world's most powerful state actors -- and still do. Bachman's book is readable and accessible. It serves as an excellent complement and counterweight to standard treatments of this vital subject. -- Adam Jones * author of Genocide: A Comprehensive Introduction *Table of ContentsIntroduction: Genocide and State Impunity 1. Territorializing Prevention of Genocide 2. Redefining the Crime of Genocide for Reasons of State 3. The ICJ as Enabler of State Impunity for Genocide 4. The P-5 and Discretionary Non-Application of the Genocide Convention 5. The Responsibility to Protect and P-5 Impunity Conclusion: The Persistent Outlaw, Perpetual Impunity, and the Field of Genocide StudiesAcknowledgments NotesBibliography Index
£999.99
Rowman & Littlefield Code of Federal Regulations, Title 14 Aeronautics
Book SynopsisTitle 14 presents regulations governing the activities of the Department of Transportation and the National Aeronautics and Space Administration in the areas of aeronautics and space, including: aircraft, airmen, airspace, air traffic, certification of air carriers and operations, and airports. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.
£52.00
McGraw-Hill Education The Legal Environment of Business A Managerial
Book SynopsisLegal Environment of Business, A Managerial Approach: Theory to Practice emphasizes bridging the gap between understanding legal doctrines that impact the business environment and how business owners and managers use legal insight to limit liability and manage risk. Its distinct approach focuses on using teaching features, simulations, case studies, examples, and case law that is accessible and engaging because it is specifically tailored for business students.
£53.99
Edward Elgar Publishing Ltd A Research Agenda for Tax Law
Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law.Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research. These developments are discussed in relation to tax law’s interaction with a myriad of cutting-edge topics such as environmental challenges, new technologies, racial and immigration issues. The expert authors astutely draw out the social implications of tax law in order to present a case for developing a more global and interconnected approach to contemporary research ventures.A Research Agenda for Tax Law will provide guidance and inspiration for future researchers, doctoral students and scholars in the field of tax law and fiscal policy who wish to dive into some deeper, and perhaps unknown, waters of taxation.Trade Review‘. . . the individual chapters in this collection are all excellent and are a first port of call for tax researchers looking for inspiration. The book also provides an incredibly helpful reference point for academics who receive queries from students unsure of what their postgraduate research should explore. The book is thoroughly recommended to tax researchers, experienced and newcomers alike. It comes as a breath of fresh air for the scholar stuck in the same old stuffy room of ideas. Blue-sky thinking, which this book champions, is to be cherished.’ -- Stephen Daly, British Tax Review‘Proving that tax profoundly influences all aspects of society, this volume includes reflections by the world’s leading academics on essential facets of taxation — from age-old questions about redistribution to cutting-edge questions about how tax can mitigate climate change. Touching on race, inequality, morality, technology, rights, and more, this book truly supplies a research agenda for tax law.’ -- Ruth Mason, University of Virginia, US‘This is an outstanding introduction to tax research by leading tax scholars around the world. It provides simple guidance and inspiration for researchers who want to explore in depth various contested areas of tax law. It should be read by anyone interested in taxation.’ -- Reuven S. Avi-Yonah, University of Michigan, USTable of ContentsContents: Introduction: Why a Research Agenda in Tax Law? 1 Leopoldo Parada 1 Fundamental rights and tax law 15 Philip Baker 2 Public law and political values in tax law 29 Dominic de Cogan 3 Environmental challenges and tax law 47 Marta Villar Ezcurra 4 New technologies and tax law 65 Luisa Scarcella 5 Tax law, inequality, and redistribution: recent and possible future developments 85 Daniel Shaviro 6 Racial issues in tax law: identification, redress, and a new vision of horizontal equity 105 Alice G. Abreu 7 Taxation and immigration 127 Svetislav Kostić 8 An indirect tax law agenda 145 Giorgio Beretta 9 A European tax law agenda in direct taxation 163 Rita Szudoczky 10 An international tax law agenda 183 Aitor Navarro Ibarrola 11 Conclusions: The future of research in tax law 203 Leopoldo Parada Index
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LEGARE STREET PR The Confirmation of Executors in Scotland According to the Practice in the Commissariot of Edinburg
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