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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
This forward-thinking book examines numerous features in the
European Union (EU) legal system that serve to reduce legal
uncertainty in the preliminary reference procedure and the rulings
of the Court of Justice. Drawing on theories from legal realist
Karl Llewellyn, legal steadying factors such as legal doctrine and
interpretative techniques are reviewed alongside the primary focus
of this book, extra-legal steadying factors. As well as focusing on
the contribution made by judges' legal backgrounds, John Cotter
also investigates the role of the balance between institutional and
personal independence and accountability. He further applies Karl
Llewellyn's approach and re-models it into a European setting,
identifying the EU legal system features that assist in promoting
decisional steadiness in the preliminary reference procedure.
Exploring also the significance of procedural rules and practices
at the Court of Justice in steadying outcomes, this book will be an
excellent resource for scholars of the EU legal system. Its
analysis of the role of factors that steady the rulings of the
Court of Justice of the European Union will also make this a useful
read for legal theorists interested in examining the factors that
influence judicial decision-making.
In a digitally connected world, the question of how to respect,
protect and fulfil human rights has become unavoidable. Uniting
research from scholars and practitioners, this contemporary
Handbook offers new insights into well-established debates
surrounding digital technologies by framing them in terms of human
rights. An international group of expert contributors explore the
issues posed by the management of key Internet resources, the
governance of its architecture, the role of different stakeholders,
the legitimacy of rule-making and rule-enforcement, and the
exercise of international public authority over users. Highly
interdisciplinary, the Handbook draws on law, political science,
and international relations, as well as computer science and
science and technology studies in order to engage with human rights
aspects of the digitally connected world. The chapters examine in
depth current topics relating to human rights and security,
internet access, surveillance, automation, trade, and freedom of
expression. This comprehensive and engaging Handbook will be vital
reading for both researchers and students in law, human rights,
international politics, international relations and technology
studies. Policy-makers seeking an understanding of the state of
human rights in technology will also find this book a highly useful
resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski,
G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B.
Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L.
Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff,
G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G.
Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T.
Wetzling, M. Zalnieriute
"At the end of the Trail of Tears there was a promise," U.S.
Supreme Court Justice Neil Gorsuch wrote in the decision issued on
July 9, 2020, in the case of McGirt v. Oklahoma. And that promise,
made in treaties between the United States and the Muscogee (Creek)
Nation more than 150 years earlier, would finally be kept. With the
Court's ruling, the full extent of the Muscogee (Creek) Reservation
was reaffirmed-meaning that 3.25 million acres of land in Oklahoma,
including part of the city of Tulsa, were recognized once again as
"Indian Country" as defined by federal law. A Promise Kept explores
the circumstances and implications of McGirt v. Oklahoma, likely
the most significant Indian law case in well over 100 years.
Combining legal analysis and historical context, this book gives an
in-depth, accessible account of how the case unfolded and what it
might mean for Oklahomans, the Muscogee (Creek) Nation, and other
tribes throughout the United States. For context, Robbie Ethridge
traces the long history of the Muscogee (Creek) Nation from its
inception in present-day Georgia and Alabama in the seventeenth
century; through the tribe's rise to regional prominence in the
colonial era, the tumultuous years of Indian Removal, and the Civil
War and allotment; and into its resurgence in Oklahoma in the
twentieth and twenty-first centuries. Against this historical
background, Robert J. Miller considers McGirt v. Oklahoma,
examining important related cases, precedents that informed the
Court's decision, and future ramifications-legal, civil,
regulatory, and practical-for the Muscogee (Creek) Nation, federal
Indian law, the United States, the state of Oklahoma, and Indian
nations in Oklahoma and elsewhere. Their work clarifies the stakes
of a decision that, while long overdue, raises numerous complex
issues profoundly affecting federal, state, and tribal relations
and law-and will continue to do so for the foreseeable future.
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