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This volume advances the claim that the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted in 2001 is the only existing international agreement with the potential to promote food security, conservation of biodiversity and equity. However, for germplasm-rich countries, national interests come into conflict with the global interest. This work shows that the pursuit of national interests is counterproductive when it comes to maintaining genetic resources, food-security and rent-seeking and that optimally, the coverage of the FAO Treaty should be widened to apply to all crops.
The human services are established to support the most vulnerable and marginalised people in our society. Yet media and other reports frequently highlight a disturbing picture of industry failures, malpractice and abuse. This book addresses the response of legal and quasi-legal bodies to human service failures. It outlines those areas of law which are most likely to be activated by human service shortcomings, and those aspects of direct human service delivery which are most likely to attract legal attention. Essential reading for those studying or working in human services and social work, this book is designed to alert people to the legal risks arising as a result of inadequate human service delivery.
Resolving a conflict is based on the art of helping people, with disparate points of view, find enough common ground to ease their fears, sheath their weapons, and listen to one another for their common good, which ultimately translates into social-environmental sustainability for all generations. Written in a clear, concise style, Resolving Environmental Conflicts: Principles and Concepts, Third Edition is a valuable, solution-oriented contribution that explains environmental conflict management. This book provides an overview of environmental conflicts, collaborative skills, and universal principles to assist in re-thinking and acting toward the common good, integrates a variety of new real-world conflicts as a foundation for building trust, skills, consensus, and capacity, and explains pathways to collectively construct a relationship-centric future, fostering healthier interactions with one another and the planet. The new edition illustrates how to successfully mediate actual environmental disputes and how to teach conflict resolution at any level for a wide variety of social-environmental situations. It adds a new chapter on water conflicts and resolutions, providing avenues to healthy, sustainable, and effective outcomes and provides new examples of conflicts caused by climate change with discussion questions for clear understanding. Land-use planners, urban planners, field biologists, and leaders and participants in collaborative environmental projects and initiatives will find this book to be an invaluable resource. University students in related courses will also benefit, as will anyone interested in achieving greater social-environmental sustainability and a more responsible use of our common natural resources for themselves and their children.
Using gender and law in the political system of Jordan as a means of investigating broader issues surrounding the relationship between culture and political legitimacy, this volume offers an in-depth treatment of the laws that define, limit and expand women's rights. Arguing that gender issues aren't simply a 'special topic' in politics, but an indicator and symbol of the character of the political system as a whole, the significance of the politics of legitimacy as played out in issues of gender and law is not only about the content of policies and competition of interests, but about the power to determine the nature of the political system itself.
The Japanese economy is the second largest in the world and is becoming once more one of the most competitive. Despite the stagnation and deflation experienced during the 1990s, Japan has progressively become more aware of the need to be a global player, in particular under the radical administration of former Prime Minister Koizumi. A vigorous approach to intellectual property borrowed from the US and Europe, stressing the importance of innovation, assisted in kick-starting the Japanese economy again and has sustained its increasingly high performance. This book examines how Japan has used this new approach to intellectual property (IP) to revitalise its economy. It explains how IP has traditionally been used in Japan, and goes on to identify the ways in which this has changed in recent years, identifying the different facets of IP utilised to propel the Japanese economy to new heights: Firstly, by promoting IP through Technical Licensing Organisations (TLO) laws and uniting the universities with the needs of industry. Secondly, via radical changes to employees? rights to compensation through the landmark decisions made by the Tokyo District Court. Thirdly, by the streamlining of patenting applications and procedures through the Tokyo and Osaka District IP Courts, and the Japanese Patent Office. Fourthly, by internationalising its capital markets, as displayed by the cooperation between the Tokyo Stock Exchange and the London Stock Exchange (LSE) and other bourses. Overall, this book is essential reading for all those interested in understanding the modern Japanese economy, and how it is adapting to exploit the opportunities and challenges of an increasingly globalised world.
This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, concussions in the NFL, and the Boeing 737 Max scandal. Text reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
The eighteenth-century English game laws have long been synonymous with petty tyranny. By imposing a property qualification on sportsmen, they effectively denied all but country gentlemen the right to take game or even to possess a gun. Those who challenged the gentry's monopoly were fined or imprisoned, usually after only a summary hearing by the local justice of the peace. In the early nineteenth century, it was claimed that one out of every four inmates in England's prisons was an offender against the game laws. Bitterly denounced at the time, they have continued to be condemned by historians as arbitrary, savage and unjust. This book is the first full scholarly examination of the English game laws. Based on material drawn from over two dozen archives - including judicial records, estate correspondence and personal diaries - it attempts to explain what the laws actually were, why they were passed, how they were enforced and why they were eventually repealed. The picture which emerges from this investigation challenges the conventional wisdom about the game laws in a number of important respects.
The English common lawyers wielded their greatest influence in the late fifteenth and early sixteenth centuries, with names like Fortescue, Littleton and More. In these years they were more than the only organized lay profession: in the infancy of statute, they, more than anyone, shaped and changed the law; they were the managerial elite of the country; they were the single most dynamic group in society. This book is a study of their formative impact on the whole of English life. Part I examines the legal profession, its position, recruitment, training and career structure, taking as an example the career of Thomas Kebell, a serjeant at-law from Leicestershire, for whom documentation is unusually complete. Part II analyses legal practice: how the lawyer acquired and kept clients, his relationship with them, the pattern of employment, the nature of practice as revealed in the year books, and the attitudes and approaches of the lawyer to the law. The third part considers the impact of the lawyers on substantive law and legal organization.
Although it was written at a time of national self-criticism, "The Supreme Court on Trial" remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important.
The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident.
The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.
"Charles S. Hyneman" (1900-1985) was a Distinguished Professor of Political Science at Indiana University. He was a past president of the American Political Science Association and has also written many books including "Bureaucracy in a Democracy and American Political Writing During the Founding Era, 1760-1805" (with Donald S. Lutz)
Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
Giving the reader an in-depth understanding of DNA evidence in criminal practice, this text explains in clear language how DNA evidence is obtained and how it can be successfully challenged in court to minimize its impact or even dismiss it completely.
Since it first entered the criminal legal practice DNA has become an indispensable tool in fighting crime, as it allows both unambiguous identification of the criminal by traces of biological material left at the crime scene as well as acquitting innocent suspects.
This book is essential reading for students and practitioners of criminal law and practice and forensic science and law.
This new and insightful book, is based on a program that author Gary Friedman, along with colleague Jack Himmelstein (a law professor and lawyer) and Norman Fischer (a Buddhist monk) has been teaching for the last 6 years. It entails conflict professionals to consider self-reflection, challenging typical conventions of conflict professionals by replacing them with a full and deep commitment to bringing all of one's self to serve others. It directs the reader to pay attention to emotional clues - to understand and communicate them. Essentiallyacknowledging and using self-awareness. Working from the inside out. Whether you are a professional conflict resolver, litigator, mediator, or lawyerthis book is a must have resource to help increase clients' satisfaction.
This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.
The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
This is the only book on the market which attempts to give a thorough explanation of bailiff law in a consumer-friendly way. The book flags up pointers which you should be aware of if you are trying to ward off a forthcoming bailiff visit. It also contains tips for dealing with bailiffs if they actually make it to your door.
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts.
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses' reliability. But without a thorough grounding in psychology, is the "common sense" of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law's goals.
Evidence: Law and Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book focuses on the essential topics commonly found on Evidence courses covering both criminal evidence and civil evidence. It takes a contextual approach discussing how wider policy debates and societal trends have impacted upon the recent evolution of the law in order to provide students with an explanation as to how and why the law has developed. The fifth edition has been revised to include: coverage of R v Hunter 2015 and its impact on good character evidence; developments in procedures relating to young and vulnerable witnesses; and more in-depth coverage of key cases. Learning points summarise the major principles and rules covered and practical examples are used throughout the text to give better understanding as to how the technical rules are applied in practice. Self-test questions are included in the book, helping students to test their understanding and prepare for assessment. Well written, clear and with a logical structure throughout, it contains all the information necessary for any undergraduate evidence law module.
This book is a practical guide to practice and procedure in
courts and tribunals. It is aimed at the recently qualified
practitioner, pupil barristers, trainee solicitors, or lawyers
unversed in advocacy and procedure.
It provides a guide to applications in most areas of the law,
with brief discussions of the relevant law, rules of procedure and
practical tips. The applications covered are those which
practitioners are likely to encounter in their first years of
practice. In addition, each chapter attempts to anticipate likely
pitfalls, with suggested solutions. The court system and techniques
of advocacy are also covered.
This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.
In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are justices whose decisions are constrained by the choices made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.
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