Social law and Medical law Books

Book SynopsisThis volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for ''value-added'' or ''pie-expanding'' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the ''privatization of justice''. The articles span both the ''science'' and ''art'' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.Table of ContentsContents: Introduction; Part I Foundations of Negotiation Theory and Practice: Toward another view of legal negotiation: the structure of problem solving, Carrie Menkel-Meadow; Chronicling the complexification of negotiation theory and practice, Carrie Menkel-Meadow; Why negotiations fail: an exploration of barriers to the resolution of conflict, Robert H. Mnookin; Shattering negotiation myths: empirical evidence on the effectiveness of negotiation style, Andrea Kupfer Schneider; When not to negotiate: a negotiation imperialist reflects on appropriate limits, Robert H. Mnookin; Machiavelli and the Bar: ethical limitations on lying in negotiation, James J. White; Negotiating with lawyers, men and things: the contextual approach still matters, Carrie Menkel-Meadow; Let's not make a deal: an empirical study of decision making in unsuccessful settlement negotiations, Randall L. Kiser, Martin A. Asher and Blakeley B. McShane. Part II Foundations of Mediation Theory and Practice: Mediation - its form and functions, Lon L. Fuller; Post-settlement settlements, Howard Raiffa; The many ways of mediation: the transformation of traditions, ideologies, paradigms, and practices, Carrie Menkel-Meadow; Mediation as parallel seminars: lessons from the student takeover of Columbia University's Hamilton Hall, Carol B. Liebman; Lawyers' representation of clients in mediation: using economics and psychology to structure advocacy in nonadversarial settings, Jean R. Sternlight; Mediator orientations, strategies and techniques, Leonard L. Riskin; Family mediation: the development of the regulatory framework in the United Kingdom, Marian Roberts; Nature preserve: the loop of understanding, Gary Friedman and Jack Himmelstein; Lawyer negotiations: theories and realities - what we learn from mediation, Carrie Menkel-Meadow; Environmental mediation and the accountability problem, Lawrence Susskind. Part III Foundations and Issues in Arbitration and Hybrid Processes: Is the US out on a limb? Comparing the US approach to mandatory consumer and employment arbitration to that of the rest of the world, Jean R. Sternlight; Pursuing settlement in an adversary culture: a tale of innovation co-opted or 'the law of ADR', Carrie Menkel-Meadow; Part IV Coda: Coda; Name index.

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Book SynopsisThe articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.Table of ContentsContents: Introduction; Part I Foundational Issues in Multi-Party Dispute Resolution: How is It Different?: Strategic barriers to dispute resolution: a comparison of bilateral and multilateral negotiations, Robert Mnookin; What we have learned about teaching multiparty negotiation, Lawrence Susskind, Robert Mnookin, Lukasz Rozdeiczer and Boyd Fuller; Sequencing to build coalitions: with whom should I talk first?, James K. Sebenius; Deliberative trouble? Why groups go to extremes, Cass R. Sunstein; Strategic uses of argument, Jon Elster. Part II Practice: Complex Dispute Processes and Decision-Making in Action: Multiparty negotiations, Leigh L. Thompson; Norms of deliberation: an inductive study, Jane Mansbridge, Janette Hartz-Karp, Matthew Amengual and John Gastil; Voting, Howard Raiffa; Proceeding to a constitution: a multi-party negotiation analysis of the Constitutional Convention of 1787, Dana Lansky; Mediating the war of olives and pines: consensus-based land-use planning in a multicultural setting, Hephzibah Levine; What is consensus?, Lawrence E. Susskind and Jeffrey L. Cruikshank; On the ethics of planning: what profiles of planners can teach us about practical judgment and moral improvisation, John Forester. Part III Deliberative Democracy and Consensus-Building Processes: The lawyer's role(s) in deliberative democracy, Carrie Menkel-Meadow; Mediating public disputes: obstacles and possibilities, Lawrence Susskind and Connie Ozawa; Managing meetings to build consensus, David A. Straus. Part IV Evaluations of Multi-Party Decision-Making and Deliberative Democracy: Implementing consensus-based agreements, William R. Potapchuck and Jarle Crocker; Regulatory negotiation and the legitimacy benefit, Jody Freeman and Laura I. Langbein; Scaling up deliberative democracy as dispute resolution in health care reform: a work in progress, Carrie Menkel-Meadow. Part V Coda: Coda; Name index.

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Book SynopsisThe massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.Table of ContentsContents: Introduction: law reform and legal change in East Asia; Part I Legal Change, Law Reform and the Rule of Law: Colonial law and the genesis of the Indonesian state, Daniel S. Lev; The transformation of Chinese law - from formal to substantial, Jianfu Chen; The rule of law and corporate insolvency in six Asian legal systems, Roman Tomasic and Bahrin Kamarul; The 'new' law and development movement in the post-Cold War era: a Vietnam case study, Carol V. Rose; What have we learned about law and development? Describing, predicting and assessing legal reforms in China, Randall Peerenboom. Part II Courts and Dispute Resolution: The myth of the reluctant litigant, John Owen Haley; The effects of liberalization on litigation: notes toward a theory in the context of Japan, Tom Ginsburg and Glenn Hoetker; China's courts: restricted reform, Benjamin L. Liebman. Part III Lawyers and Lawyering: The plight of China's criminal defence lawyers, Jerome A. Cohen; Client influence and the contingency of professionalism: the work of elite corporate lawyers in China, Sida Liu; The practice of law as an obstacle to justice: Chinese lawyers at work, Ethan Michelson. Part IV Law, Society and Legal Culture: Global markets and the evolution of law in China and Japan, Takao Tanase; Law and society studies in Korea: beyond the Hahm thesis, Kun Yang; Asian economic crisis, storytelling and legal institutions - a tale of two cities, Roman Tomasic. Part V Legal Pluralism, Religion and Gender: Towards gender equity in a developing Asia: reforming personal laws within a pluralist framework, Dinusha Panditaratne; The pursuit of the Perak regalia: Islam, law, and the politics of authority in the colonial state, Iza Hussin; The enigma of national law in Indonesia: the Supreme Court's decisions on gender-neutral inheritance, Ratno Lukito. Part VI Law, Tradition and 'Asian Values': 'We' v 'I': communitarian legalism in Singapore, Eugene K.B. Tan; Kings in the age of nations: the paradox of lèse

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Book SynopsisThis volume concerns the rights and obligations of the individual in three critically important contexts: employment relations, family relations and the ownership of immovable property. The development of these legal institutions has helped to transform economic and social relations in contemporary China. In this volume, the articles illustrate firstly a shift away from close state control towards greater freedom for enterprises to use human and natural resources to achieve economic growth and for citizens to pursue their personal lives. More recently, the government has responded to public demands for greater security in employment, home ownership and agricultural land rights with new primary legislation, including the Employment Contract Law and Property Rights Law. Yet, as this volume also shows, the Communist Party has been reluctant to allow empowerment of the individual to threaten other public policy goals, such as the state''s ultimate control over the conditions of employment Table of ContentsContents: Introduction; The latest developments in the codification of Chinese civil law, Zhang Lihong; Making Chinese labor law work: the prospects for regulatory innovation in the People's Republic of China, Sean Cooney; Measuring progress under China's labor law: goals, processes, outcomes, Hilary K. Josephs; China's new labour contract law: responding to the growing complexity of labour relations in the PRC, Sean Cooney, Sarah Biddulph, Li Kungang and Ying Zhu; From contracts to compliance? An early look at implementation under China's new labor legislation, Virginia E. Harper Ho; Re-examining the impact of the 1950 marriage law: state improvisation, local initiative and rural family change, Neil J. Diamant; Shaping citizenship: Chinese family law and women, Margaret Y.K. Woo; Law, development, and the rights of Chinese women: a snapshot from the field, Margaret Y.K. Woo; Transforming family law in post-Deng China: marriage, divorce and reproduction, Michael Palmer; Routinization of divorce law practice in China: institutional constraints' influence on judicial behaviour, Xin He; Land disputes, rights assertion, and social unrest in China: a case from Sichuan, Eva Pils; Securing land rights for Chinese farmers: a leap forward for stability and growth, Zhu Keliang and Roy Prosterman; China's (post-)socialist property rights regime: assessing the impact of the property law on illegal land takings, Matthew S. Erie; Chinese property law as an image of PRC history, Eva Pils; The new Chinese property rights law: an evaluation from a continental perspective, Gebhard M. Rehm and Hinrich Julius; Name Index.

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Book SynopsisThis volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China''s legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignityTable of ContentsContents: Introduction; Were Chinese rulers above the law? Toward a theory of the rule of law in China from early times to 1949 CE, Qiang Fang and Roger Des Forges; Constitutionalism with Chinese characteristics? Constitutional development and civil litigation in China, Thomas E. Kellogg; The politics of constitutional reform in China: rule of law as a condition or as a substitute for democracy?, Richard Balme and Yang Lihua; China's legislation law and the making of a more orderly and representative legislative system, Laura Paler; Political parties in China's judiciary, Zhu Suli; China's courts: restricted reform, Benjamin L. Liebman; Who will find the defendant if he stays with his sheep? Justice in rural China, Frank K. Upham; The production of legal norms: a case study of administrative detention in China, Sarah Biddulph; Using law for a righteous purpose: the Sun Zhigang incident and evolving forms of citizen action in the People's Republic of China, Keith J. Hand; Shuanggui and extralegal detention in China, Flora Sapio; When lawyers are prosecuted...: the struggle of a profession in transition, Fu Hualing; Weiquan (rights protection) lawyering in an authoritarian state: building a culture of public-interest lawyering, Hualing Fu and Richard Cullen; Riots and cover-ups: counterproductive control of local agents in China, Carl F. Minzner; Justice from above or below? Popular strategies for resolving grievances in rural China, Ethan Michelson; Public opinion supervision: a case study of media freedom in China, Anne S.Y. Cheung; Name Index.

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Book SynopsisIslamic substantive law, otherwise called branches of the law (furÅ' al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of 'cultivation' (istithmÄr), whereby the qualified jurist (mujtahid), as the 'cultivator', uses relevant rules of legal theory to harvest the substantive law on specific issues in form of 'fruits' (thamarÄt) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of thTable of ContentsContents: Introduction. Part I Islamic Family Law: Marriage in Islamic law: the modernist viewpoints, Majid Khadduri; Invalid and void marriages in Hanafi law, J.N.D. Anderson; Equality (kafā’ah) in the Muslim law of marriage, Farhat J. Ziadeh; Mahr: legal obligation or rightful demand?, Mona Siddiqui; Marriage-guardianship and minor’s marriage at Islamic law, Lucy Carroll; Polygamy in traditional and contemporary Islamic law, Doreen Hinchcliffe; Women and divorce: the position of the SharÄ«Ê»ah, Abdul-Fatah Makinde ʼKola; A critical appraisal of ’triple divorce’ in Islamic law, Nehaluddin Ahmad; Tafwīḍ al-Ṭalāq: transferring the right to divorce to the wife, Fareeha Khan; A husband’s authority: emerging formulations in Muslim family laws, Lynn Welchman. Part II Islamic Law of Succession: The role of pre-Islamic customs in the Islamic law of succession, M. Habibur Rahman; The Islamic inheritance system: a socio-historical approach, David S. Powers; The Qur’anic law of inheritance, Richard Kimber; Representational succession in contemporary Islamic law, N.J. Coulson. Part III Islamic Law of Financial Transactions: Negotiating contracts in Islamic and Middle Eastern laws, Mahdi Zahraa; Contracts in Islamic law: the principles of commutative justice and liberality, Hussein Hassan; The concept of musharakah and its application as an Islamic method of financing, Muhammad Taqi Usmani; Islamic laws on riba (interest) and their economic implications, M. Siddieq Noorzoy; The Islamic law of real security, Nicholas H.D. Foster. Part IV Islamic Criminal Law: Islamic criminal law and procedure: religious fundamentalism v. modern law, Matthew Lippman; The concept of ḥadd in Islamic law, Fazlur Rahman; Effective legal representation in ’SharÄ«Ê»ah’ courts as a means of addressing human rights concerns in the Islamic criminal justice system of Muslim states, Mashood A. Baderin. Part V Islamic Judicial Procedure: Muslim procedure and evidence, J.N.D. Anders

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Book SynopsisIslamic legal theory (usÅl al-fiqh) is literally regarded as 'the roots of the law' whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnÄ and ShÄ'Ä perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure anTable of ContentsContents: Introduction; Further reading. Part I Nature of Islamic Law: Islamic law: an overview of its origin and elements, Irshad Abdal-Haqq; Islamic law as Islamic ethics, A. Kevin Reinhart; Understanding Islamic law in theory and practice, Mashood A. Baderin. Part II Sources of Islamic Law: Groundwork of the moral law: a new look at the Qur’ān and the genesis of SharÄ«Ê»a, Wael B. Hallaq; Law in the Qur’ān - a draft code, Tahir Mahmood; Some reflections on the contextualist approach to ethico-legal texts of the Qur’an, Abdullah Saeed; A revaluation of Islamic traditions, Joseph Schacht; On the origins of ShÄ«Ê»i ḤadÄ«th, Ron P. Buckley; The role of culture in the creation of Islamic law, John Hursh. Part III Methods of Islamic Law: Al-Shāfiʻī’s role in the development of Islamic jurisprudence, Ahmad Hasan; The concept of Ijmāʻ in Islamic law: a comparative study, Rahimin Affandi Abd Rahim; Non-analogical arguments in Sunni juridical qiyās’, Wael B. Hallaq; ’Illa and qiyās in early Islamic legal theory, Nabil Shehaby. Part IV Principles of Islamic Law: The maslaha (public interest) and ’illa (cause) in Islamic law, Majid Khadduri; Maá¹£laḥa in contemporary Islamic legal theory, Felicitas Opwis; Legal logic and equity in Islamic law, John Makdisi; Maqāṣid al-SharÄ«Ê»ah: the objectives of Islamic law, Mohammad Hashim Kamali; Cut and paste in legal rules: designing Islamic norms with talfÄ«q’, Birgit Krawietz; Muslim custom and case-law, Noel James Coulson; QawaÊ»id al-Fiqh: the legal maxims of Islamic law, Mohammad Hashim Kamali. Part V Legal Reasoning (Ijtihād): Interpretation in Islamic law: the theory of ijtihād, Bernard Weiss; The closing of the door of ijtihād and the application of the law, Frank E. Vogel; A critical analysis of the role of ijtihād in legal reforms in the Muslim world, Rachel Anne Codd; Ijtihād in contemporary ShiÊ»ism: transition from individual-oriented to society-oriented, Hamid Mavani. Name index.

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Book SynopsisThe essays selected for this volume show how relations between past, current and future generations have become a major subject of philosophical research since the 1970s. The relations between people alive today with people who may exist in the future and people now deceased, differ from relations between contemporaries and in ways that raise new conceptual, logical and substantive questions. Among the questions addressed in this volume are: what is the status of people now deceased and people who may exist in the future? Can the latter be harmed by the actions of people alive today? What duties of justice do we have towards people with whom we can neither interact nor co-operate, and can people who are indirect victims of past injustices legitimately claim compensation? Answers to these questions are relevant in a number of policy areas, most notably in issues regarding reparations for historical injustice and responding to climate change and its consequences.Table of ContentsContents: Introduction; Part I Foundations: Utilitarianism and new generations, Jan Narveson; Distributive shares, John Rawls; The non-identity problem, Derek Parfit; The intractability of the non-identity problem, David Heyd; Surviving duties and symbolic compensation, Lukas H. Meyer; Discounting the future, John Broome; What motivates us to care for the (distant) future?, Dieter Birnbacher. Part II Substantive Principles of Intergenerational Justice: Wrongful life, procreative responsibility, and the significance of harm, Seana Valentine Shiffrin; Sustainability and intergenerational justice, Brian Barry; Nonideal theory, John Rawls; Enough for the future, Lukas H. Meyer and Dominic Roser; Three models of intergenerational reciprocity, Axel Gosseries; Life extension versus replacement, Gustaf Arrhenius; The pure intergenerational problem, Stephen M. Gardiner; Climate change and the duties of the advantaged, Simon Caney. Part III Normative Significance of Historical Injustices and their Consequences: The new Indian claims and original rights to land, David Lyons; Superseding historic injustice, Jeremy Waldron; The apology paradox, Janna Thompson; Transgenerational compensation, George Sher; Who can be wronged?, Rahul Kumar; On benefiting from injustice, Daniel Butt; Climate justice and historical emissions, Lukas H. Meyer and Dominic Roser; Name index.

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Book SynopsisA collection that engages in a rigorous and sometimes contentious exploration of the legal, political, social and cultural implications of the authors' distinct theoretical approaches to gender and sexuality.Trade Review'This exploration of tensions among feminist and queer theorists is possibly the most useful theory anthology of the decade. Tensions are put in play by placing superlative essays in each other's path and letting the provocations rip. Sure to produce a watershed moment for the trajectories of both theory genres, the anthology is so smartly organized and interspersed with incisive editorial material that it will teach itself.' Wendy Brown, University of California, Berkeley, USA '... an eclectic and interesting collection of essays rethinking legal categories and policies through feminist and gay perspectives. In this volume, one will encounter the sexual family, the sanitized workplace, compulsory matrimony, transgressive caretaking, and other iconoclastic concepts.' William Eskridge, Yale University, USATable of ContentsIntroduction: Feminist and Queer Legal Theory; Queer With or Without Feminist Legal Theory?; Queer Theory by Men 1; Theorizing Yes: An Essay On Feminism, Law, and Desire 1; The Sexual Family 1; The Sanitized Workplace Revisited 1; Queering Sexual Orientation: A Call for Theory as Praxis; Feminist With or Without Queer Legal Theory?; How Queer Theory Makes Neoliberalism Sexy; Proper Objects, Different Subjects and Juridical Horizons in Radical Legal Critique; A Few Words in Favor of Cultivating an Incest Taboo in the Workplace 1; Care and Feminists 1; Methodological Descriptions: “Feminist” and “Queer” Legal Theories; Pluralizing Difference; The Epistemic Contract of Bisexual Erasure 1; Black Rights, Gay Rights, Civil Rights; The Transgender Rights Imaginary 1; Compulsory Monogamy and Polyamorous Existence 1; The Politics and Law of Kinship, Intimacy, and Care; This Is Not Your Father's Autonomy: Lesbian and Gay Rights From a Feminist and Relational Perspective 1; Compulsory Matrimony; From Paternafare to Marriage Promotion: Sexual Regulation and Welfare Reform; Transgressive Caregiving; Law and Strategy at the Crossroads of Feminist and Queer Legal Theories; The Troubled Relationship of Feminist and Queer Legal Theory to Strategic Essentialism: Theory/Praxis, Queer Porn, and Canadian Anti-discrimination Law; Poststructuralism on Trial; Queer Victory, Feminist Defeat? Sodomy and Rape in Lawrence v. Texas; Postscript: Curious Encounters, Unpredictable Conversations

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Book SynopsisProvides an authoritative, jargon--free overview of all aspects of public law and how it affects the public administrator's job and responsibilities. Contributors include judges, legal experts, public administration scholars, and practicing administrators.Table of ContentsPUBLIC LAW FOUNDATIONS OF PUBLIC ADMINISTRATION. Faithful Execution of the Laws, Rule of Law, and Autonomy of Public Administration (C. Newland). Public Law and Public Management: A Conceptual Framework (C. Kerwin). The Importance of Public Law: New and Old Paradigms of Government Management (R. Moe). PRACTICAL FRAMEWORKS OF PUBLIC LAW AND ADMINISTRATION. The Law-Politics Dialogue: It's Not All Courts! (L. Fisher). Legal Authorities and Administration Actions (R. Gilmour & H. Sellers). Techniques of Legal Interpretation and Why They Matter (H. Ball). Public Law as a Set of Tools for Management (P. Cooper). WHO HAS THE POWER AND WHERE ARE THE LIMITS? Separation of Powers with Checks and Balances: The Search for Workability (C. Newland). Who Does the Work? Federalism and the Changing Nature of Intergovernmental Relations (L. O'Toole). Local Implementation of Federal and Stat Programs: Preemption, Home Rule and Federalism (B. Cigler). ADMINISTRATIVE LAW AND TODAY'S STREET-LEVEL CHALLENGES. Executive Direct Administration: The Importance to Public Administration of Executive Orders and Proclamations (J. Utter & P. Cooper). Ordinances, Statutes, and Democratic Discipline: A Local Perspective on Drafting Laws (D. Corliss). Negotiated Rulemaking (C. Kerwin). The "How Much Process Is Due?" Debate: Legal and Managerial Perspectives (H. Rainey). CIVIL SERVANTS, SUPERVISORS AND CHANGING LAW. The First AmAndment and the Public Sector (D. O'Brien). Constitutions, Statutes, Regulations, and Labor Relations: Dispute Resolution in a Complex Authority Mix (N. Riccucci). Privacy and Integrity Testing for Public Employees: Searches, Drug Testing, Polygraphs, and Medical Examinations (N. Cayer). The Raging Debate Over Equality: Nondiscrimination, Affirmative Action, and the Civil Rights Act (M. Kurtz). Gender Issues in the Workplace: Compensation, Reproductive Safety, Family Obligations, and Sexual Harassment (M. Guy & S. Calvert). Public Law in the Changing Civil Service (L. Nigro). ACCOUNTABILITY: LAW AGAINST MANAGEMENT? Law versus Ethics (W. Richardson). Open Government and Freedom of Information: Fishbowl Accountability (L. Feinberg). Problems of Discretion and Responsibility: The Debate over Tort Liability (B. Jenkins & R. Kearl). Court Involvement in Operations of State and Local Institutions: Injunctions and Other Remedies for Maladministration (P. Cooper). The Balancing Act of Judicial Review: Ensuring Enough Deference to Administrators and Enough Accountability (R. O'Leary & P. Weiland). LAW IN PUBLIC POLICY. Government Lawyers: Who Represents Government and Why Does it Matter? (C. Clayton). Race, Education, and the Legal and Administrative Systems: Perpetual Tensions (C. Washington). Legal Impacts on Budgets and Finance: Anticipating Problems and Reacting to Realities (T. Lauth & P. Cooper). Legal Issues in Contracting for Public Services: When Business Does Government (R. DeHoog). Alternative Dispute Resolution in Public Administration (L. Bingham). Conclusion: Present and Future Challenges. The Future of Public Law: Public Law and National Borders (C. Wise).

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Book SynopsisThe Hateful and the Obscene is a compelling interpretation of freedom of expression that combines serious philosophical thought with a focus on Canadian law, thus maintaining the breadth to deal with both obscenity and hate literature.Trade Review"'L.W. Sumner's balanced and careful book will become an important and controversial lodestar in Canadian debates about freedom of speech under the Charter... This is a contribution of such seriousness and argumentative power that all opponents will need to consider it very carefully.' Frederick Schauer, John F. Kennedy School of Government, Harvard University"

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Book SynopsisThe sexual abuse of children is an area of increasing concern to social services agencies, lawmakers, and the general public. Recent reforms of the legislation in this area have been influenced by the emerging field of children’s rights. Terrence Sullivan takes a critical look at the reforms and raises provocative questions about who is empowered by developments and who is not.The Canadian constitution potentially offers an important vehicle in advancing individuals rights. Sullivan reviews the emergence of child abuse and child sexual abuse as a ‘new’ object of social inquiry and regulation within the context of childhood sexuality, which has historically been subject to extensive regulation in the hand of professionals. He explores the rise of child sexual vulnerability on the public agenda, and tracks the role and influence of specialized professional knowledge in stimulating and steering legislative reform.Sullivan concludes that court decision

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Book SynopsisIn a series of landmark decisions since 1990, Canadian courts have shaped a distinctive approach to the regulation of obscenity, hate literature, and child pornography. Missing from the debate, however, has been any attempt to determine whether the legal status quo can be justified by reference to a framework of moral/political principles. The Hateful and the Obscene is intended to fill that gap.L.W. Sumner brings philosophical depth and theoretical rigour to some of the most important and difficult questions concerning free expression. Building on a framework set out by J.S. Mill – that a legal restriction of expression is justified only when the expression in question is harmful to others and when the benefits of the restriction will exceed its costs – Sumner shows how the Canadian courts have replicated Mill's framework in their interpretation of the Canadian Charter of Rights and Freedoms.The Hateful and the Obscene is a compelTrade Review"'L.W. Sumner's balanced and careful book will become an important and controversial lodestar in Canadian debates about freedom of speech under the Charter... This is a contribution of such seriousness and argumentative power that all opponents will need to consider it very carefully.' Frederick Schauer, John F. Kennedy School of Government, Harvard University"

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Book SynopsisDuring the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, “Forced removal isn’t just in the history books.” Sabine Meyer concurs, noting the prominence of Indian Removal, the policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries.

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Book SynopsisOver five centuries of foreign rule, Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty.

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Book SynopsisUnderstanding Victimology: An Active-Learning Approach explains what the field of victimology isâincluding its major theoretical perspectives and research methodsâand provides insight into the dynamics of various offline and online crimes from the victimsâ vantage point. It is the only textbook to provide numerous innovative active learning exercises to enhance and reinforce student learning, and it addresses important contemporary topics that have thus far not been covered by other victimology texts, including identity theft, hate crimes, and terrorism. This unique and relevant work is ideal for students, academics, and practitioners who are interested in a comprehensive introduction to victimology.Trade Review'This is the most dynamic victimology text on the market. It is truly intersectional and comprehensive in its treatment of victims, contains hands-on active learning exercises that increase understanding and empathy, and provides great information for future practitioners of every stripe. I've been looking for this text for 20 years.' – Elicka Peterson Sparks, Department of Government and Justice Studies, Appalachian State UniversityTable of Contents 1. Introduction to Victimology. 2. Theories of Victimization. 3. Victims’ Rights and Remedies. 4. Hybrid and Online Victimization. 5. Personal and Property Victimization. 6. Rape, Sexual Assault, and Kidnapping. 7. Intimate Partner Violence. 8. School and Work Victimization. 9. Victimization of Special Populations. 10. Hate Crimes and Terrorism.

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Book SynopsisThe book deliberately sets out to bridge the gap between the people using the Court and the professionals who advise them so that all involved can make fully informed decisions about money and welfare at what can be a stressful time.Using plain English, it demystifies the law, language and procedure and is enhanced by a raft of invaluable flowcharts, tables and model documents that help put the guidance into practice.While accessible to the non-lawyer the book also provides the professional legal adviser with a quick, clear first point of reference

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Book SynopsisThis book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate Table of ContentsPrefaceAcknowledgements Abbreviations1. Introduction2. Deconstructing the Concept of Witness Protection3. The Legal Framework for Witness Protection in Nigeria4. Determining the Classes of Witnesses to be Protected5. Crimes Requiring Protection6. Types of Protective Measures for Witnesses7. The Institutional Framework for Witness Protection: Challenges and Prospects8. The Future of the Nigerian Practice of Witness ProtectionList of References

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Book SynopsisThere is a vast body of international and national law that regulates cultural heritage. However, the current regulation remains quite blind to the so called transnational heritage. This is heritage where there is no community recognized in law that it can be directly attributed to and that can be responsible for its safekeeping and preservation. It can also be items of heritage where the claim of ownership is disputed between two or more peoples or communities. Transnational heritage challenges the idea of monolithic, mono-cultural, ethno-national states. There are a number of examples of such cultural heritage, for instance the Buddhist Bamiyan statutes in Afghanistan, Palmyra in Syria, the Jewish heritage of Iraq, or various items that are currently housed in large, often Western, museums, as a result of colonial practices. This book explores the regulation of transnational heritage. By discussing many cases of transnational heritage and the problems that arise due to the laTable of ContentsPrologue 1. Introduction 2. Matter: Current regulation and transnational heritage 3. Movement: Heritage without borders 4. Diversity: Transnational cultural heritage 5. Constellations: The transnational in community 6. Memories: New regulatory approaches Epilogue

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Book SynopsisThis book critically explores the complexities of intra-Schengen border control and migration dynamics within Europe. It provides a comprehensive analysis of how various actors, including border officials and state apparatuses, interact in managing mobility and enforcing controls. The theoretical foundation draws on Foucaultâs concept of the dispositif, examining how borders are enforced through a combination of legal frameworks, discourses, and on-the-ground practices.The book emphasizes the importance of discretion in border control, arguing that it plays a pivotal role in shaping decisions at both the organizational and street levels. It delves into the experiences of Dutch border control officers and the wider European context, offering a comparative analysis of Poland and Germany's intra-Schengen borderlands. By drawing on real-world case studies, it showcases the tensions between security and mobility, and how migration is managed through both visible and covert policin

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Book SynopsisThis book examines the phenomenon of Community Justice Centres and their potential to transform the justice landscape by tackling the underlying causes of crime.Marred by recidivism, addiction, family violence, overflowing courtrooms, crippling prison spending and extreme rates of incarceration, the criminal justice system is in crisis. Community Justice Centres seek to combat this by tackling the underlying causes of crime in a particular neighbourhood and working with local people to redesign the experience of justice and enhance the notion of community. A Community Justice Centre houses a court which works with an interdisciplinary team to address the causes of criminality such as drug addiction, cognitive impairment, mental illness, poverty, abuse and intergenerational trauma. The  community thus becomes a key agent of change, partnering with the Centre to tackle local issues and improve safety and community cohesion. This book, based on research into this innovativeTable of ContentsPreface. Introduction: Court Reform and the Community Justice Centre Experience – Midtown and Beyond. 2 The Community Justice Centre Model. 3 Case studies of Community Justice. 4 Lessons from Community Justice: Evaluations, Boundaries and Obstacles. 5 The Possibilities of Mainstreaming the Model. 6 Conclusion: The Future of Community Justice: Prospects and Challenges.

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Book SynopsisThis is the first book to explore fully the connections between sport studies and criminology, opening up critical new frontiers in the study of sport and crime.Rooted firmly in established critical criminological traditions, the book also employs insights from emerging theoretical frameworks such as cultural criminology, governmentality theory and critical security studies to make better sense of a range of transnational and contemporary cases, events and trends that reveal, in different ways, the crimes and harms that are present in sport. Empirically grounded, including case studies of the 2022 World Cup in Qatar and the Tokyo 2020 Olympic Games, it explores emerging themes in contemporary sport, including but not limited to corruption, doping, youth crime, terrorism, violence and transgression, and human rights abuses. Sport and Crime consciously pushes the boundaries of what might be considered the critical criminology of sport.This is an essential text forTable of Contents1. Introduction, 2. Sport and the Critical Criminological Imagination, 3. Sport, Corruption and White-Collar ‘Criminality’: Crimes of the Powerful (1), 4. Governing Young People and Communities through Sport?, 5. Modes of Security, Governance and Surveillance in Sport, 6. Cultural Criminology, Sport and Transgression, 7. Sport and Social Harms - Qatar and World Cup 2022 in Focus: Crimes of the Powerful (2), 8. Conclusion: (Even) Further towards a Critical Criminology of Sport

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Book SynopsisOutlining an original analysis of the political dimension of restorative justice, this book seeks both to enhance the critical comprehension of this phenomenon and to forge new tools for acting politically through restorative justice, inviting restorative justice scholars, practitioners and advocates to become a radical political movement.Restorative justice is widely studied, nationally and internationally legislated, and increasingly practised; however, the growth of relevant policy, practice and research has been only marginally accompanied by the development of updated, theoretically informed and critical reflections on the relationships between politics and restorative justice. This is a significant problem since neglecting the political dimension may limit the capacity of the restorative justice movement to critically appreciate its possible role in confronting oppressive social and political arrangements. This book addresses this gap by providing reflections on restora

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Book SynopsisThis book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom.Vulnerability theory argues a vulnerable legal subject should displace the liberal legal subject that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the vulnerable legal subject and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of Table of ContentsList of Contributors Introduction: Understanding Vulnerability Martha Albertson FinemanI. The Fallacy and Foibles of Vulnerability as Particular II. Vulnerability Theory A. Reasoning From the Body B. Embedded—The Necessity of Social (and Legal) ArrangementsIII. Theoretical Implications of “Reasoning From the Body” IV. Conclusion PART ILegal Structures: The Constitution and the Mechanisms of Justice 1 Restructuring the Constitution for Human Resilience Martha T. McCluskeyIntroduction I. Structural Principles for Constitutional Power II. Contemporary Right-Wing Constitutional Restructuring III. Vulnerability Theory’s Constitutional Reframing IV. Affirming the Administrative State for Human Resilience V. Conclusion 2 Vulnerability Theory and Access to Justice: Elaborating Possibilities for Legal System Design Andrew Pilliar1. Background on Access to Justice a. What Is “Access to Justice”? b. How Common Are Access to Justice Problems? 2. Situating Vulnerability a. Vulnerability Theory and Responsive Law b. Vulnerability Theory and the Capability Approach 3. Realizing Person-Centred Access to Justice 4. Conclusion PART IIRole of Social Movements in Vulnerability Theory 3 Toward a Responsive Landscape: The Role of Social Movements in Vulnerability Theory Kathryn AbramsIntroduction I. Learning From Social Movements: Cultivating Resilience in Arizona II. Social Movements and Vulnerability Theory: Three Questions A. Do Social Movements Help to Meet Human Vulnerability?III. How Does the Work of Social Movements Relate to the Activity of the Responsive State? A. Density and Effects of Regulatory Frameworks IV. Directions for Vulnerability Theory 4 Law, Public Policy, and Social Movements to Supportand Strengthen Individual and Collective Interests of Labor Risa L. LieberwitzIntroduction I. The Role of the State to Provide for the Public Welfare A. The Vision of the Responsive State B. The Reality of the Unresponsive State in the U.S. II. The Role of the State in the Employment Relationship A. The “Private Welfare” System in the U.S. B. The Liberal Contradictions of the National Labor Relations Act C. Legislative Reforms to Move Toward a Responsive State D. Recent Legal and Social Developments that Resonate With the Reforms of the PRO Act III. Conclusion PART IIIOrganizing the Economic Infrastructure 5 The Corporation, Vulnerability, and Resilience Lua Kamál YuilleIntroduction I. Vulnerability, the Human Condition, and the Liberal Legal Subject II. Understanding Resilience III. The Corporation as a Site of Resilience A. Conceiving of the Corporation B. Corporate Resilience IV. Toward a Responsive State Approach to the Corporation 6 Market Citizenship, Resilience Drainage, and the Role of Private LawHila Keren and Ronit Donyets-Kedar Introduction I. The Private-Public Divide and the Role of Private Law II. Resisting Resilience Drainage via Contract Law A. The Problem: Market Rejections and Humiliation B. A Vulnerability-Based Response III. Resisting Resilience Drainage via Corporate Law A. The Problem of Market Evangelism B. A Vulnerability-Based Response IV. Conclusion PART IVThe Public Nature of “Private” Property 7 Housing Trusts and Resilient Cities: Hierarchy, Resources, and Resilience Marc L. RoarkVulnerability and Affordable Housing Resilience Affordable Housing as an Inherent Vulnerability How Cities Sought Resilience in the Form of Housing Trust Funds Scale, Resilience Gaps, and Responsibility 8 Vulnerability, Resilience, and the Fair Housing Act Xiaoqian HuI. Some Limits of the FHA A. Excessive Deference to Defense B. Illegal Immorality Versus Legal Privilege C. A Vulnerability Evaluation II. Reinterpreting the FHA Through Vulnerability Theory A. A Social-Situational View of Harm and Discrimination B. A Reconceptualized State for Systemic Action III. ConclusionPART VThe Ultimate “Private” Space—The Construction of the Family 9 The Elder Catch: Engineering the Future of CaregivingJessica Dixon WeaverI. Vulnerability Theory and Resistant Assets A. The Taxonomy of Vulnerability Theory B. Resistant Assets and the Non-Responsive State II. The Family as a Resistant Asset III. State and Market Response to the Elder Catch 10 Vulnerability Theory and the Conception of Time June Carbone and Naomi CahnPart I: The Pandemic Part II: Secure Versus Precarious Family Regimes Part III: Vulnerability Theory PART VIDimensions of Public and Private in Health Care 11 A Vulnerability Approach to the “Right to Health Care”: Addressing Epistemic Vulnerability Matthew B. LawrenceIntroduction A. The “Right to Health Care” and the Challenges of an Entitlement Approach 1. The Popular “Right to Health Care” 2. Operationalizing the “Right to Health Care”: The Role of Theory 3. Entitlement Approach and Its Limitations B. Vulnerability Approach: From Entitlement to Obligation 1. Vulnerability Replaces Individual Entitlement With Collective (or State) Obligation 2. What Is the Content of the State’s Obligation? 3. A Collective, Procedural Right to Priority C. Addressing Epistemic Vulnerability 1. Epistemic Vulnerability 2. Respond or Reject? 3. Separating Stepping Stones From Stumbling Blocks 12 Disability, Vulnerability, and Public Health Emergencies Ani B. SatzIntroduction I. Limits of Current Approaches II. Reasoning From the Body III. Disability, the Vulnerable Subject, and Health Law IV. Disability and the Vulnerable Institution: Hospitals and Public Health Authorities V. Disability and Resilience in Public Health Emergencies VI. Conclusion PART VIIVulnerability and Sovereignty 13 Using Vulnerability Theory to Reconceive the Relationships Between Native Nations, the United States, and State Governments Nazune Menka and Laura SpitzIntroduction I. (Dependent) Sovereignty a. Background: Sovereignty and Liberalism b. Domestic Dependent Nations II. Using Vulnerability Theory to Reconceptualize Sovereignty and the Doctrines of Plenary Power and Trust Responsibility a. Assertion of Tribal Sovereignty Remains a Critical Component of Inherent Indigenous Power b. Sovereignty Is Inter-Dependent c. Indigenous Peoples Are Not a Vulnerable Population d. Trust Responsibility Can and Should Be Detached From the Doctrine of Plenary Power III. A Contemporary Example: The Indian Child Welfare Act IV. Conclusion: Vulnerability Theory, Tribal Sovereignty and Federal Responsibility Index

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Book SynopsisThis book offers an interdisciplinary perspective on femicide, using Israel as an illuminating case study, given its diverse communities and common-law-based legal system. Utilizing analytical alongside practical perspectives, the book offers a novel crimino-legal approach to femicide. In addition to its interdisciplinary novelty, the book presents originality in going beyond the more usual focus on the central victims and the common legal tools. Here, the authors extend the analysis to secondary victims of femicide and examine the applicability of second-tiered relevant legal tools, mostly tort law, as a means for gaining justice for the victims. This explorative journey culminates with the authorsâ definition of femicide as a quintessential crime of distinct nature. In the context of current international pledges to better understand and consequently better fight femicide, this work allows readers to comprehend the phenomenon and the ways to abolish it. The book will be an invalua

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Book SynopsisFirst published in 1973, Wrongful Imprisonment aims to combine the human interest of individual cases of wrongful imprisonment with a general analysis of how and why they occur. It deals in detail with the English system, but also provides comparisons with Scotland, France, and the United States. The authors spent three years collecting material from newspaper reports, trial transcripts, books, lawyers, the Home Office and most important interviews with the persons concerned. As a result, they have been able to analyse objectively the existing system of justice; they have isolated and identified the areas in which the system is at fault, and the successive hazards which may confront the innocent man suspected of a criminal offence; they have also revealed the many obstacles which have to be overcome by the wrongfully imprisoned man seeking to establish his innocence and regain his liberty. This topical and convincingly argued book should appeal not only to students of law aTable of ContentsForeword Preface Acknowledgements 1. Wrongful Imprisonment? 2. Identification Evidence 3. Confessions and Statements 4. Trial Proceedings 5. Witnesses Credible and Incredible 6. How They Got Off 7. Consequences 8. The French System 9. The American Experience 10. Scales of Injustice Epilogue Appendix Reference Notes Index

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Book SynopsisThe toll of America's gun violence epidemic is usually measured in lives lostmore than 35,000 each year. Ignored, almost completely, are the many more people who are shot every year, and survive. Shot and Forgotten, The TraceNearly 40,000 people die from gun violence in the US every year. This uniquely American crisis leaves no community untouchedbut it doesn't have to be this way. Gabrielle GiffordsThe Forgotten Survivors of Gun Violence collects 20 personal essays of survivors' visible and invisible wounds from school shootings, attempted suicide by firearm, mass shootings, gang violence, and domestic violence. Their stories remind us that these traumatic experiences are not exclusive to combat soldiers but, more notably, suffered by ordinary people during modern life. With this collection, editors Loren Kleinman,Shavaun Scott, Sandy Phillips andLonnie Phillips expose the true lifecycle of a bullet and the trauma left in its wTable of Contents1 Armed Assault2 Armed Intruder3 Armed Robbery4 Domestic Violence5 Hate Crime6 Mass Shooting7 Random Open Fire8 School Shootings9 Support Resources for Survivors, Their Loved Ones and Advocates

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Book SynopsisCommunity Justice discusses concepts of community within the context of justice policy and programs and addresses the important relationship between the criminal justice system and the community in the USA.Taking a bold stance in the criminal justice debate, this book argues that crime management is more effective through the use of informal (as opposed to formal) social control. It demonstrates how an increasing number of criminal justice elements are beginning to understand that developing partnerships within the community that enhance informal social control will lead to stabilization and possibly a decline in crime, especially violent crime, and make communities more livable. Borrowing from an eclectic toolbox of ideas and strategies community organizing, environmental crime prevention, privatepublic partnerships, and justice initiatives Community Justice puts forward a new approach to establishing safe communities and highlights the failure of the curre

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Book SynopsisThis volume is the first collection of Martha Albertson Fineman’s most important and influential work.Table of ContentsIntroduction Jennifer Hickey Part I. Gender Equality Introduction Deborah Dinner 1. The Equality Ideal 2. Challenging Law, Establishing Differences 3. Equality Discourse and Economic Decisions Made at Divorce 4. The Individualization of the Family: Child Advocacy 5. The Illusion of Equality Part II. The Sexual Family Introduction Teemu Ruskola 6. The End of Family Law? Intimacy in the Twenty-First Century 7. A Claim for Justice Part III. Dependency Introduction Michael Thomson 8. A Dystopian Fantasy 9. Dependency and Social Debt: Cracking the Foundational Myths 10. The New Tokenism Part IV. Autonomy Introduction Martha McCluskey 11. Equality and Autonomy 12. Posing the Philosophy for an Active State 13. What Place for Family Privacy? Part V. Vulnerability Introduction Aziza Ahmed 14. Vulnerability and Inevitable Inequality 15. Equality and Difference – The Restrained State 16. The “Still Face” of a Compassionately-Challenged Society 17. Injury in the Unresponsive State 18. Vulnerability and Social Justice 19. Conclusion: Resilience is the Watchword Lua Kamál Yuille Afterword Atieno Mboya Samandari

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Book SynopsisDisability is defined by hierarchy. Regardless of culture or context, persons with disabilities are almost always pushed to the bottom of the social hierarchy.With the advent of the Convention on the Rights of Persons with Disabilities (2006), disability human rights seemingly provided a path forward for tearing down ableist social hierarchies and ensuring that all persons with disabilities everywhere were treated equally. Despite important progress, the disability human rights project not only remains incomplete, but has often created new hierarchies among persons with disabilities themselves or across the human rights it promotes. Certain groups of persons with disabilities have gained new voices while others remain silenced and certain rights are prioritized over others depending on what states, international organizations, or advocates want rather than what those on the ground need most.This volume was inspired both by the continued need to expose human rights violTable of Contents0.Introduction. Part One - Who counts as disabled? 1.Knowing about Human Rights Situation of Burn Survivors Women of Bangladesh. 2.Creating a STORM: Working together to fight stigma and stand up for the rights of people with learning disabilities. 3.Rethinking the capacities of disabled children from the perspective of new materialism. 4.A Journey to Realize Autistic’s Right. 5."To tremble, else break": Dismanlting Normative Hierarchies of Chronic Lyme. 6.The Balancing Act: Disability at the intersection of minority ethnicity. 7.Mental health service users claiming their right to self-advocacy: The journey of "Autoekprosopsi". 8.Developing cultural capacity with people who have profound intellectual disabilities. 9.Fighting for the rights of the non-speaking: Typing words to be heard. Part Two - Political, social, and cultural context. 10.Exploring the now and the prospects of the Disability rights movement in Latin America. 11.On the margins while in the midst of conflict – Adults with intellectual disabilities in Northern Ireland and Bosnia Herzegovina. 12.Personal assistance services in Poland during the period of higher education: Paving the way for independent living. 13.Theories of social dominance in group-based hierarchies: Reflections from the United Nations Partnership on the Rights of Persons with Disabilities (UNPRPD) project in Uruguay. 14.Intellectual Disability and Sexuality in Ultra-Orthodox Jewish Communities. 15.On the Hierarchy of Human Rights of Persons with Disabilities and Higher Education: Capturing the fulfilment of the right to accessibility in Indonesia. 16.Violence against women and girls with disabilities in residential institutions in Serbia. 17.Disability and Displacement: Disability Hierarchy Among Refugees and Other Displaced People. 18.Hierarchy, education and persons with disabilities in Anglophone Caribbean. Part Three - Which rights on top, whose rights on bottom? 19.Hierarchies of impairment and digital disability rights. 20.Communication rights moderated through hierarchies of disability and childhood. 21.Including the voices of persons with intellectual disabilities in academia: Participatory research, education and development in the academic world. 22.Exploring intersectional and ethical feminist perspectives as a possible framework for understanding violence against women with disabilities in Africa with specific reference to forced sterilisation. 23.Inclusive Education through a Neoliberal lens: The hierarchal differences between rural and urban China. Part Four - Pushed to the periphery in the disability rights movement. 24.Excluded from disability rights debate: the missed voices of people with speech impairments. 25.Hierarchies of Leadership Within Disability Justice Movements: The Voices of individuals with intellectual disabilities are often left unheard. 26.Zhenshchiny. Invalidnost’. Feminizm/Women. Disability . Feminism: Claiming Ourselves Against Ableism. 27.Two sides of the same coin: Domination of the views of the educated in organisations of the blind in Ghana. 28.Between the Disability Movement and the Feminist Movement - Intersectional Mobilizations of Women with Disabilities in Haiti. Part Five - Representations of Disability. 29.Reflections of Misperceptions. 30.Pirate Island. 31.Disability or Vulnerability: How Courts Distinguish between Physical and Psychosocial Disabilities in an Employment Context. 32.Rooted in Rights – "Women with Disabilities in India and Kenya". 33.Conversation Across Continents on Hierarchies, Human Security and Covid-19. 34.An Invitation to Contemplate: Dialogues about disability hierarchies between South Africa and Scotland. 35.Countering Disability Hierarchy with Cross Disability Solidarity. 36.Intersecting identities.

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Book SynopsisWhat is the ârule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students, this textbook provides a comprehensive and accessible guide to understanding Australia's system of law and government.Law in Australian Society explains legislation and case law, courts, and the doctrine of precedent. Keiran Hardy examines the roles played by parliaments, politics, and the media. He explains founding principles, including democracy, liberalism, the separation of powers, and federalism. Human rights and justice are highlighted, with an emphasis on First Nations Peoples and the law. The book explains criminal responsibility and the justice system, including police powers and the criminal trial. It concludes with case studies of cybercrime and counterterrorism laws to illustrate law reform in action. This second edition has been fully updated throughout, including recent leg

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Book SynopsisThis book demonstrates that art is implicit in the process of administration of international justice. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice, International Law and International Relations.

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Book SynopsisChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of the rise of Trump's populist support in 2016, and his failed efforts to nullify the result of the 2020 election.This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocracy negates both liberalismwhich includes the protection of fundamental rights, the rule of law, separation of powers, and respect for specialist expertiseand democracywhich requires that the state be responsible to an electorate composed of all eligible votersby concentrating unconstrained power in a single individual. Anticipating defeat in the 2016 election, Trump attacked suggestions that he had sought, or even benefited from, Russian assistance despite the evidence, and he made repeated claims of election fraud. In 2020, fearful that his mishandling of the pandemic had alienated voters, he inten

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Book SynopsisHow does sexual consent work? How do we know that another person really wants to have sex with us? Why do people sometimes give in to sex that they are not in the mood for? And how come it is sometimes difficult to draw a sharp line between sex and assault? Dynamics of Sexual Consent addresses these questions based on deeply personal interviews with twenty Swedish women and men of various ages and sexual orientations. In doing so, it contributes to understandings of sexual consent and sexual grey areas through its combination of conceptual rigour, analytical detail and empirical richness.While starting in the legal definition of consent as voluntary participation, the book broadens the discussion to a wider sociological and philosophical sphere where gendered power dynamics and relational dependencies challenge simplistic understandings of voluntariness. Contesting tendencies to see miscommunication as the key problem related to consent, it shows that emotional aspects

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Book SynopsisChronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of both Trump's efforts to erode democracy's essential elements and opposition to those efforts.This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocrats blur or breach the separation of powers, use executive orders to bypass the legislature, pack the courts, replace career prosecutors with political appointees, abuse the pardon power, and claim immunity from the law. They seek to hobble opposition from civil society by curtailing speech and assembly, tolerating and even encouraging vigilante violence, and attacking the media. As this book demonstrates, Trump followed the autocrat's playbook in many ways. He was a huckster of hate, aiming his vitriol at women and racial minorities and making attacks on immigrants the focus of his 2016 campaign, as well as his first Table of ContentsPreface viiAcronyms xDramatis Personae xii1 How Autocrats Use Power 12 The Politics of Resentment 83 Politicizing Criminal Justice 744 The Fate of Law 151References 174Index 181

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Book SynopsisHuman trafficking has become the scourge of the 21st century, with child trafficking arguably its worst form. As vulnerable children are lured into prostitution, pornography and other forms of exploitation, there is only a patchwork legal regime trying to deal with child trafficking.This book assesses this legal regime, arguing that a more coordinated and international response is needed. Analyzing the moral and conceptual issues at stake across a wide variety of child trafficking cases â child prostitution, child pornography, forced âœmarriage,â corrupt âœadoptions,â organ âœdonation,â refugee abuse, child soldiers, orphanage abuse, and âœnormalâ parental child abuse â it goes on to argue that the crimes of child trafficking make apparent that there are conceptual, moral, and legal issues concerning child trafficking that differ from other kinds of crime including adult trafficking.Trafficking and the Conscience of Humanity puts forward the case that the crimes of child trafficking could, and should, be prosecuted by an international court such as the International Criminal Court.

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Book SynopsisAdopting a multidisciplinary perspective, this volume explores contemporary knowledge regarding the online sexual exploitation of children and adolescents, and challenges prevailing myths perpetuated by society and the media concerning this form of violence, the offenders, and their victims.Drawing on a wealth of data collected from real cases in Quebec, the book introduces readers to explanatory models of online offending and victimization, the criminal trajectories and characteristics of online offenses, the individual attributes of offenders and victims, issues pertaining to virtual identities and anonymity preservation techniques, and considerations for prevention and intervention practices.Online Sexual Crimes, Offenders, and Victims will be of interest to students, researchers and professionals in the fields of criminal justice and public health, including criminologists, psychologists, psychiatrists, psychotherapists, social workers, police investigators,

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Book SynopsisUnlike other textbooks on the subject, this book presents a comprehensive and structured account of the process of administering planned change in the criminal justice system. The authors detail a simple yet sophisticated seven-stage model, which offers students and practitioners a full account of program and policy development from beginning to end. Within these stages, students focus on performing essential procedures, such as conducting a systems analysis, specifying an impact model, identifying target populations, making cost projections, collecting monitoring data, and performing evaluations. In reviewing these steps and procedures, students can develop a full appreciation for the challenges inherent in the process and understand the tools they require to meet those challenges. To provide for a greater understanding of the material, the text uses a wide array of real-life case studies and examples of programs and policies. By examining the successes and failures of various innovations, the authors demonstrate both the ability of rational planning to make successful improvements and the tendency of unplanned change to result in undesirable outcomes. The result is a powerful argument for the use of logic, deliberation, and collaboration in criminal justice innovations.This readable volume is ideal as a primary or supplemental text in criminal justice policy-related courses, and also serves as a useful reference for practitioners in the field tasked with strategic planning for policy change.

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Book SynopsisTrade Review‘Governance and regulation of charities is a dynamic field that is rapidly changing on the ground and in scholarship. This work critically appraises the shifting ground of charity reforms in multiple jurisdictions and points to plausible understandings of these developments and where they are destined to lead us.’ -- Myles Mcgregor-Lowndes, Queensland University of Technology, Australia‘This important volume provides new and provocative perspectives on the governance and regulation of charities in comparative perspective. Lawyers, consultants, academics, students and others will find this an invaluable resource for understanding the complex world of charities and civil society within countries and across borders.’ -- Mark Sidel, University of Wisconsin-Madison, US‘This volume provides a rich seedbed of ideas and analysis on the governance and regulation of charities.’ -- Oonagh B Breen, University College Dublin, IrelandTable of ContentsContents: Foreword viii Introduction to Governance and Regulation of Charities: International and Comparative Perspectives 1 Rosemary Teele Langford 1 An Examination of Charity Accountability: To Whom, and How Can We Make It Better? 17 Debra Morris 2 Charity Regulation in an International Context 42 Matthew Turnour 3 The Conditions for Purpose-Based Governance 66 Matthew Harding 4 Designing an Optimal Charities Framework 83 Sue Barker 5 A Tale of Two Jurisdictions: Critical Reflections on Charity Law and Regulation in Australia and England & Wales 108 Danielle Mawer 6 Rethinking the State Regulation of Charities: A Hong Kong Perspective 133 Rebecca Lee 7 Governance and Regulation of Nonprofit Organisations in Germany: Insights and Suggested Reforms 157 Birgit Weitemeyer 8 Charity Governance in Japan: Past Reforms and Current Debates 184 Masayuki Tamaruya 9 Governance and Regulation of Charitable Trusts in Korea: Insights and Implications 208 Kye Joung Lee 10 Regulating the Investment Activities of Australian Charities 228 M Scott Donald and Ashton Cook 11 ‘All for One, One for All, Until…’: Tensions in Individual Accountability and Board Responsibility 252 Jackie Bettington

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Book SynopsisEnhance your capacity for antiracist leadership! The COVID 19 pandemic has illuminated deep-seated structural inequities in our schools and across society. More than ever, education leaders are being challenged to take action to disrupt the institutional racism that undergirds many of our longstanding policies and practices. Our students are challenging us to step up and be antiracists who commit to the uncompromising belief all children can learn and deserve an exceptional education. Based on 10 years of work leading the Institute for Courageous Principal Leadership, this book guides leaders to expanding their racial consciousness through self-reflection and provides the tools they need to counter implicit bias and respond to resistance. Grounded in research, but written in practitioner-friendly language, this book: Focuses on systemic leadership and institutional failures as the source of predictable student outcomes Leverages research and theory to create a process for principals to build racially equitable practices Navigates the politics of leadership without compromising student achievement The practical lessons and strategies in this book will equip you with the skills to implement the leadership and actions that must be taken to confront the reality of systemic racism in education and transform schools into learning environments with a student-centered commitment to high achievement for every learner. Trade Review"Principal Leadership for Racial Equity offers readers a theory of action surrounding the role we must take in our schools and districts to support our next generation learners. Implicit biases must be eradicated in order for each student to reach their own limitless potential. The authors provide clear examples, anecdotes, insights, and research to support a paradigm shift that will support learners and their overall achievement. Now is the time, the space, and the place to ensure that our youth thrive." -- Dr. Jill Gildea"Principal Leadership for Racial Equity: A Field Guide for Developing Racial Consciousness in School Principals provides tools and reflection for all leaders in education to begin to become true agents of change in our schools and more importantly come to grips with their own biases so that we see more commonalities. This book will allow us to lean into discomfort and become more human." -- Elizabeth Alvarez"Principal Leadership for Racial Equity: A Field Guide for Developing Racial Consciousness in School Principals is a thoughtful, well written book that is current, relevant, and needed for now and the future. I strongly recommend this book for current and aspiring administrators. The book would be an excellent resource for a book study or a graduate course. I am eager to share this book with my colleagues and administrators I mentor. This book will be a valuable addition to my professional library." -- Shelley Joan Weiss"At this critical juncture in which the deleterious impact of race is so profoundly apparent in our schools, Krull, Raskin and Felix have provided us with an epistemological tour de force . Research, evidence, strategies and practices have been blended into a vital metanarrative from which leaders can mindfully inspire and instill in staff the racial consciousness needed to confidently enable students of color to demonstrate their innate propensity for high intellectual performances, self-determination and personal agency." -- Yvette Jackson"The authors of Principal Leadership for Racial Equity mince no words and address head on the brass tacks issues that need to be confronted if American education is going to make any headway related to respecting and valuing every human being as a human being regardless of race, ethnicity, background, or any other factor. In the current political and social environment, this issue is more important than ever. This book expands on, differentiates itself from and is more direct than any other publications out right now on how to go about leadership equity work." -- Karen L. Tichy, Ed.D"I only wish that this book had been available during my service in public schools – as a principal, Assistant Superintendent and Superintendent. I would recommend that all leaders and educators who are interested in creating an environment of true understanding and equity utilize this text as the foundation for intentional professional learning, reflection and committed action. As a leadership coach, this book will be an invaluable resource. Principal Leadership for Racial Equity is a gift- to both adults and more importantly students!" -- Lynn Macan"Lights! Camera! Action! Inequities in education for students of color are now in focus and Principal Leadership for Racial Equity addresses the actions to be taken to make sure all students are successful." -- Laura Schaffer Metcalfe, Ed.D."The timing for Principal Leadership for Racial Equity is perfect and the structure of this book will best support leaders address issues we all face in the field." -- Cathy Sosnowski"Leading for equity requires deep personal reflection, courage, and skill. This book provides tools and resources to tap into all three. Reading and completing the exercises within this book provide a platform for knowing yourself and developing that knowledge into a set of behaviors and actions that create equitable conditions within your school or organization. Leaders who are continually growing in their confidence to do what is just and their ability to guide whole communities of practice in this work will want to learn from the experience and expertise of these authors. It will make a positive difference in the lives of the students and families in their schools." -- Shannon Hobbs-Beckley"Principal Leadership for Racial Equity prompts deep personal reflection and goes beyond the ‘surface’ level work to get to the focus of this work. This topic can be a ‘courageous’ undertaking and this book provides the tools and personal reflection needed to truly engage in order to interrupt the cycle of practices that do not work for all students. It is not good enough to focus on success for most students – we need to focus on equity for all students!" -- Lena Marie Rockwood, Ed. D."Understanding and developing racial consciousness with principals is critical and a focus of many Boards today. Principal Leadership for Racial Equity provides practical, realistic, and useful guidance by working readers through a series of chapters intended to develop racial consciousness and provide administrators with the tools to start work in schools. The activities engage the reader in each chapter to uncover bias and develop an understanding with the matter. The reflection questions in the chapter also provide additional learning, and are especially useful when engaged in learning with a group." -- Maryam Hasan"This book offers a compelling message of hope and steps towards inclusion for school administrators and district leaders in addressing racial equality. This book engages in discussion and actions that move from an idea to implementation. It is a practical guide to implement a system in a manner that is conducive to enhancing the culture and performance of the organization." -- Debra ParadowskiTable of ContentsList of Figures Foreword Acknowledgments About the Authors Introduction Part I. Developing Racial Consciousness Chapter 1. Developing Myself as a Racially Conscious Leader Chapter 2. Discovering My “Why” Chapter 3. Research Reality Check Chapter 4. Racism at Work Chapter 5. Understanding My School/District Part II. Integrating Knowledge Into Practice Chapter 6. A Principal’s Critical Duty Chapter 7. Ensuring Racially Conscious Pedagogy Chapter 8. The State of Things Chapter 9. Good Trouble Index Learning from Mentors: Living the Theory of Action by Josh Fraser Learning from Mentors: Living the Theory of Action by Kirk Morris Learning from Mentors: Responding to Disaster by Isabel Rodriguez Learning from Mentors: The Value of Racial Affinity Groups by Nan Yurecko Learning from Mentors: Instruction that Supports Student Pride, Place, and Potential by Nasreen Fynewever Learning from Mentors: Looking in the Mirror: Michael Walker’s Advice to Principals by Michael Walker Learning from Mentors: Transforming Instruction by Silvy Un Lafayette and Jessica Busse

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Book SynopsisWhat are some lessons learned from the pandemic?We learned that, in times of crises, the humanitarian needs of students, families, and ourselves must be a top priority.We learned that forming effective partnerships with families and communities is essential to the health and well-being of our children.We were offered a blunt reminder that a system designed to serve the interests of a privileged few was destined to fail our historically underserved students, especially our millions of multilingual learners.Above all, we learned that the normal many of us have yearned for wasnevergood enoughthat we must envision a better world, where we build on our multilingual students' unique assets and cultivate their inner brilliance. Only then will we deliver on their promise.It's this better world, a world in which communities, schools, and classrooms work together as a whole-child ecosystem,Beyond Crises:Overcoming Linguistic and Cultural Inequities in Communities, Schools, and Classroomssets out to create. Taking a look from the outside in, Debbie Zacarian, Margarita Calderón, and Margo Gottlieb address three critical arenas:1.Imagining Communitiesdescribes how to design and enact strengths-based family and community partnerships, including the critical importance of identifying, valuing, and acknowledging each member's assets and competencies, and the ways recent crises have amplified their struggles.2.Imagining Schoolstakes an up-close look at policies, structures, and now irrelevant ways of schooling that call for change and how we might reconfigure professional development to ensure every teacher and administrator is dedicated to the well-being and success of our multilingual learners.3.Imagining Classroomsdemonstrates how to optimize learning opportunitiesboth virtual and face-to-faceso our diverse students grow cognitively, linguistically, and social-emotionally, and accentuate their talents in knowing and using multiple languages in linguistically and culturally sustainable environments.Student and family, classroom, school, and local community are not silos unto themselves, Debbie, Margarita, and Margo insist. They are part of a larger whole that is interrelated and interconnected and, even, interdependent on each other. By forming stronger alliances, we can realize the power of truly working, socializing, and flourishing together.Beyond Crisesis the first critical step forward.Trade Review"This timely and unique volume from Zacarian, Calderón, and Gottlieb, three of the most renowned masters in the field of teaching culturally and linguistically diverse students, spotlights the critical need for collaborative relationships between communities, schools, and classrooms to engage in advocacy for equitable educational opportunities for all learners. It guides the reader through a journey of reflection by making connections to one’s own experiences with relationship building as well as identifying action steps to strengthen partnerships. It also invites the reader to imagine ways to be open to change and make things happen! This book is a must read for anyone who works with this special student population." -- Maria Dove"Through witnessing the pandemic’s detrimental effects on English learners, I’m left grasping for a silver lining. I need to know how to make sense of what has happened, to learn from the challenges and heartbreak, and to thoughtfully move forward. Beyond Crises comes at just the right time. Through compelling student stories, anecdotes from fierce advocates, and spot-on reflection questions and tools, the authors guide us to reimagine education for ELs." -- Diane Fenner"Beyond Crises: Overcoming Linguistic and Cultural Inequities in Communities, Schools, and Classrooms is just the resource administrators, instructional leaders, and educators in all walks of life need! This timely book by the powerful trio--Debbie Zacarian, Margarita Calderón, and Margo Gottlieb--is destined to pave the way for imagining and re-imagining our communities, schools, and classrooms in a post-crisis world. Their unapologetic call-for-action is to overturn racial, cultural and linguistic inequities—this book will show you how!" -- Andrea Honigsfeld"What a superb and relevant discussion of how we as educators and servants can take our colleagues, our students and their families to the next level. Debbie, Margarita, and Margo have done a great job combining practical, critical practices, and partnerships with perfect examples of why we as educators do what we do. You’ll want to buy two, one for yourself and one to share." -- Shawn Slakk"By using voices from communities, schools, and classrooms, Beyond Crisis re-envisions how systems can move away from deficit-based paradigms. The practical and new ways of re-imagining presented in this book highlight and inspire a call to action that encourages strengths-based partnerships to acknowledge assets and competencies within systems. Beyond Crisis is a relevant and responsive book that motivates hope and empathy to address polarizing and chaotic times in our nation." -- Ivannia Soto"Beyond Crisis is the humanizing, empowering book we need right now! Read it for a compelling vision and action steps to move beyond crisis and create the interconnected schools and communities our multilingual learners deserve." -- Tonya Ward SingerTable of ContentsDedication Author′s Acknowledgements Foreword by Dan Alpert Introduction Part I: Imagining Communities Chapter 1: Designing and Enacting Strengths-Based Communities Chapter 2: Sustaining a Whole Child ′Ecosystem′ Chapter 3: Striving for Interdependent, Interconnected Communities Part II: Imagining Schools Chapter 4: Imagining Schools Beyond the Crises Chapter 5: Sustaining Growth and Momentum Chapter 6: Striving for Interdependence and Interconnections Part III: Imagining Classrooms Chapter 7: Designing and Enacting Classroom Change Chapter 8: Sustaining Momentum and Growth in Classrooms Chapter 9: Striving for Interconnections References Index

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Book SynopsisNavigate equity with confidence and clarity.Amid a challenging political climate increasingly seeking to curtail DEI efforts, Latish C. Reed introduces the innovative Equity Empowerment Continuum (EEC), an introspective and systematic approach to understanding and addressing the complexities of equity in any organization. Dr. Reed offers personal insights and practical tools, demonstrating how reflection and careful analysis can lead to action and sustainable equity in schools and other organizations. This essential resource merges theory and practice with a candid perspective on the challenges of dismantling systemic injustice.Each chapter features real-world examples and vignettes that bring theoretical concepts to life, offering relatable scenarios and detailed analyses to propel readers toward equity-focused solutions. Additional features include Reflection Prompts and Worksheets:Access online resources to brainstorm and strategize using the EEC model. Historical and Contemporary Identifiers:Understand equity phases through real-life examples from education and beyond. End-of-Chapter Questions:Facilitate individual or team discussions to reinforce learning and application. The Complexities of Equityis an indispensable guide empowering readers to evaluate personal biases and influence organizational change. This resource supports those committed to fostering equity across every sphere of influence.

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Book SynopsisDay fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.Table of Contents1. Introduction Elena Kantorowicz-Reznichenko and Michael Faure; 2. Theoretical Perspectives on Day Fines Elena Kantorowicz-Reznichenko; 3. Day Fines in Finland Raimo Lahti; 4. Day Fines in Sweden Jacob Öberg; 5. Day Fines in Denmark Thomas Elholm; 6. Day Fines in Germany Hans-Joerg Albrecht; 7. Day Fines in Austria Christopher Kahl and Verena Weinberger; 8. Day Fines in Hungary Csaba Győry; 9. Day Fines in France Bruno Deffains and Jean-Baptiste Thierry; 10. Day Fines in Portugal Maria Fernanda Palma and Helena Morão; 11. Day (Unit) Fines in England and Wales Valsamis Mitsilegas and Foivi Sofia Mouzakiti; 12. Day Fines in Slovenia Mitja Kovac; 13. Day Fines in Spain Jesús Barquín Sanz; 14. Day fines in Poland Dawid M. Marko and Sławomir Steinborn; 15. Day Fines in Croatia Maja Munivrana Vajda; 16. Day Fines in Switzerland Martin Killias and Lorenz Biberstein; 17. Day Fines in Czech Republic Jiří Kindl and Jan Kupčík; 18. Day Fines in Romania Mihail Udroiu; 19. Comparative Law and Economics Perspective on Day Fines Elena Kantorowicz-Reznichenko and Michael Faure.

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