This book analyses the use and abuse of social welfare as a means of border control for asylum seekers and refugees in Australia. Offering an unparalleled critique of the regulation and deterrence of protection seekers via the denial or depletion of social welfare supports, the book includes contributions from legal scholars, social scientists, behavioural scientists, and philosophers, in tandem with the critical insights and knowledge supplied by refugees. It is organised in three parts, each framed by a commentary that serves as an introduction, as well as offering pertinent comparative perspectives from Europe. Part One comprises three chapters: a rights-based analysis of Australia's 'hostile environment' for protection seekers; a searing critique of welfare policing of asylum seekers as 'necropolitics'; and a unique philosophical perspective that grounds scrutiny of Australia's policing of asylum seekers. Part Two contains five chapters that uncover and explore the lived experiences and adverse impacts of different social welfare restrictions for refugee protection seekers. Finally, the chapters in Part Three offer distinct views on human rights advocacy movements and methods, and the scope for resistance and change to the status quo. This book will appeal to an international, as well as an Australian, readership with interests in the areas of human rights, immigration and refugee law, social welfare law/policy, social work, and public health.

Good balance of well-chosen texts and materials with accessible, critical author commentary Offers a concise, clear and accessible overview of contract law for incoming 1st year students Tailored pedagogy to aid student understanding of the subject

Outlines common terrorist and extremist activities in prison using relevant real-world examples Instructs on how to detect and recognize such efforts as recruitment and radicalization and how to curtail and prevent such activity Provides guidance on establishing de-radicalization programs within prison facilities Presents recommendations on collecting, analyzing, and disseminating intelligence to correctional, law-enforcement, and intelligence agencies on potential terrorist activities and recruitment efforts

Outlines common terrorist and extremist activities in prison using relevant real-world examples Instructs on how to detect and recognize such efforts as recruitment and radicalization and how to curtail and prevent such activity Provides guidance on establishing de-radicalization programs within prison facilities Presents recommendations on collecting, analyzing, and disseminating intelligence to correctional, law-enforcement, and intelligence agencies on potential terrorist activities and recruitment efforts

This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.

Presents fifteen historical case studies of international cartels that include agricultural and mineral commodities, the machinery industry, telephone equipment, whiskey and cement. Draws together researchers from different nations to examine the impact of international cartels on the experience of individual countries; those nations' interactions with one or more international cartels; and ultimately with the individual nation's interactions with the wider international community. Useful literature for researchers, academics and advanced students in the fields of business and economic history, political economy, and government policy and those interested in cartels and their impact on the wider economy.

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called 'honour killings' have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of 'honour'. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women's right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.

This book is a continuation of Corporate Law and the Theory of the Firm: Reconstructing Corporations, Shareholders, Directors, Owners, and Investors. The author extends his analysis of contract law, property law, agency law, trust law, and corporate statutory law and applies that analysis to defy conventional concepts and theories in economics, finance, investment, and accounting and expose the artificial boundaries established by decades of research founded on indefensible assumptions and fallacious conclusions. Using the Humpty Dumpty principle, where words mean what the authors want them to mean, economists have created "strange new worlds" where contract law, property law, agency law, and corporate statutory law no longer apply. The author dismantles the theory of the firm by proving the theory of the firm wilfully and intentionally ignores fundamental contract law, property law, agency law, and corporate statutory law. Contrary to the theory of the firm, shareholders do not own corporations, directors are not agents of shareholders, and shareholders are not investors in corporations. The author proves that by property law and corporate law, capital is not privately owned by capitalists but by corporations. Entire economic and social systems have been constructed that have no basis in law. With the advent of publicly traded corporations, the capital is there, but both capitalists and capitalism have been rendered extinct. This book will appeal to researchers and graduate and upper-level undergraduate students in economics, finance, accounting, law, and sociology, as well as legal scholars, attorneys and accountants.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

This volume seeks to start a revival of the field of disarmament law scholarship. Law is a fundamental component of disarmament, yet today, most perspectives on the wide range of disarmament issues that exist come primarily from political, diplomatic and public advocacy angles. The aim of this book is to revive the field of disarmament law building on earlier, important and still relevant contributions by international lawyers to the subject. The collection brings together international scholars on various aspects of disarmament. The contributions range across a variety of weapons types, adopt different approaches - doctrinal, historical and critical - to the issues being discussed and taken together, constitute a snapshot of the ideas, concerns and issues that currently occupy disarmament law scholars. The book will be essential reading for academics, researchers and policy-makers working in the area of disarmament.

This book analyses the case-law of the European Court of Justice on free movement in the energy sector. Sirja-Leena Penttinen provides a comprehensive review of the interpretation and application of the free movement provisions in the energy sector by the European Court of Justice (ECJ), which allow for cross-border energy trade (free movement of goods) and energy investments (free movement of capital). Through detailed analysis of ECJ case-law, Penttinen tracks the development of the legislative framework at EU level in response to the growth of the energy sector, as well as exposing the various political and economic nuances at play. In addition, she sheds light on the dynamic relationship between the EU Member States and their regulatory autonomy, the EU legislator, the Commission and the Court in the establishment of the EU internal energy market. Taking a coherent, systematic approach, this volume will be of great interest to scholars of EU law and energy policy, as well as policymakers and professionals working in this sector.

This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book's analysis is based on an ethnographic study of 'Assisted Freedom' (Liberdade Assistida) - a form of probation - in the Brazilian cities of Rio de Janeiro and Belo Horizonte. This particular context - which is characterized by endemic violent crime, on the one hand, and a highly protective juvenile justice system, on the other - sheds productive light on the contradictions of juvenile justice systems and other public policies based on the values of citizenship, autonomy, and responsibilization. The analysis takes the form of an inverted zoom structure: it begins by looking at cognitive and interactional processes at the level of interpersonal relationships between youths and professionals, and then works its way up to examine ties outside the institution itself, with schools, the labour market, and juvenile courts. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, and social theory and those interested in learning about non-custodial measures and the regulation of juvenile delinquency.

Nightlife is a place of both real and imagined risk, a 'frontier' (Melbin 1978) where apparent freedom and transgression are closely linked, and where regulation of leisure and collective intoxication has been diffused throughout an expanding network of state and private actors. This book explores Sydney's contemporary night-time economy as the product of an intersection of both local and global transformations, as policing comes to incorporate more and more 'private' personnel empowered to regulate 'public' drinking and nightlife. Policing Nightlife focuses on the historical and social conditions, cultural meanings and regulatory controls that have shaped both public and private forms of policing and security in contemporary urban nightlife. In so doing, it reflects more broadly on global changes in the nature of contemporary policing and how aspects of neoliberalism and the ideal of the '24-hour city' have shaped policing, security and night-time leisure. Based on a decade of research and interviews with both police and doorstaff working in nightlife settings, it explores the effectiveness of policies governing policing and private security in the night-time economy in the context of media, political and public debates about regulation, and the gendered and highly masculine aspects of much of this work. An accessible and compelling read, this book will appeal to students and scholars of criminology, policing, sociology and those interested in understanding the debates surrounding security, policing and contemporary urban nightlife.

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge's series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.

The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge - empirical and theoretical - of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.

Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups. The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil. The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.

The Sicilian Mafia is the most famous criminal organisation in the world. While its own code of honour, rustic chivalry and violence methods have been adopted by other illicit groups, very little is known about how the Mafia, Cosa Nostra, is actually organised and embedded in its territory. Who runs the day-to-day operations? What does it take for a Mafioso to raise the ranks and become a boss? How can the organisation protect itself and re-group after arrests? This book explores for the first time the structure of this criminal organisation through the lens of spatial and social network analysis and answers these questions. This is done by looking at the relationships of 176 members of the organisation that have been recently involved in building the Cupola, the highest ruling and judicial body in the organisation. Starting from the arrest warrant that uncovered this criminal restructuring, a method and several alternatives are offered, explained and commented on how to analyse and visualise criminal networks. The book confirms the assumption that the Sicilian Mafia is a criminal organisation that is deeply rooted in its territory. Mafiosi live, work and interact only in the remit of their own neighbourhood. Bosses are evasive, even to their own affiliates, and mid-level members are in charge of keeping the whole network operational. This book is particularly useful to students, researchers and law enforcement agencies that look at new ways to understand and disrupt the operations and structure of criminal organisations around the world.

1. This accessible volume and comprehensive subject guide comprises key readings on law and social justice, with a focus on dispossessions, marginalities and rights. 2. A topical volume that brings together expert analyses and emerging research on contemporary themes. 3. It will be of interest to departments of law, socio-legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioner of law, and those in public administration, development studies, environment studies, migration studies, cultural studies, labour studies and economics.

We live in an algorithmic society. Algorithms have become the main mediator through which power is enacted in our society. This book brings together three academic fields - Public Administration, Criminal Justice and Urban Governance - into a single conceptual framework, and offers a broad cultural-political analysis, addressing critical and ethical issues of algorithms. Governments are increasingly turning towards algorithms to predict criminality, deliver public services, allocate resources, and calculate recidivism rates. Mind-boggling amounts of data regarding our daily actions are analysed to make decisions that manage, control, and nudge our behaviour in everyday life. The contributions in this book offer a broad analysis of the mechanisms and social implications of algorithmic governance. Reporting from the cutting edge of scientific research, the result is illuminating and useful for understanding the relations between algorithms and power.Topics covered include: Algorithmic governmentality Transparency and accountability Fairness in criminal justice and predictive policing Principles of good digital administration Artificial Intelligence (AI) in the smart city This book is essential reading for students and scholars of Sociology, Criminology, Public Administration, Political Sciences, and Cultural Theory interested in the integration of algorithms into the governance of society.

Key Features * Discusses the various aspects of cheating in publications: spin, protocol changes; failure to publish negative studies, including current data on the publishing industry and its issues, like the menace of predatory journals, poor peer review, coupled with lack of early education in ethics, and its significant impact on rational prescribing. * Assesses the impact of misconduct and fraud on clinicians and healthcare professionals as they attempt to balance the risk-benefit ratio which is supported by multiple contemporary studies. * Presents shocking data on bribes to physicians, journal editors and other key opinion leaders, exposing the ultimate root of the problem which lies in the economics of the healthcare system, badly in need of repair.

The Routledge International Handbook of Green Criminology was the first comprehensive and international anthology dedicated to green criminology. It presented green criminology to an international audience, described the state of the field, offered a description of a range of environmental issues of regional and global importance, and argued for continued criminological attention to environmental crimes and harms, setting an agenda for further study. In the six years since its publication, the field has continued to grow and thrive. This revised and expanded second edition of the Handbook reflects new methodological orientations, new locations of study such as Asia, Canada and South America, and new responses to environmental harms. While a number of the original chapters have been revised, the second edition offers a range of fresh chapters covering new and emerging areas of study, such as: conservation criminology, eco-feminism, environmental victimology, fracking, migration and eco-rights, and e-waste. This handbook continues to define and capture the field of green criminology and is essential reading for students and researchers engaged in green crime and environmental harm.

This book provides a comprehensive overview of established evidence-based interventions for the problems inherent in parental alienation. The book focuses on helping families and ensuring the needs of the child are met. Increasing attention has been given to the subject of parental alienation in recent years, as divorce rates have increased and more children are being brought up in the context of ongoing parental conflict, risking significant emotional harm. Chapters point to the application of numerous evidence-based interventions that are already available and detail how to identify, assess and intervene effectively with families where parental alienation has been identified. This text will be of interest to those working in the family courts, particularly expert witnesses, clinical psychologists, therapists, social workers, guardians and other legal professionals, in addition to researchers with an interest in parental alienation.

Takes a very applied and accessible approach to assessments of mental capacity. Case examples illustrate decision-making capacity in a number of settings and contexts, including financial decisions, medical decisions, criminal/civil court, and other areas. Legal commentary helps illustrate state laws and ethical principles. Includes practice-oriented information and guidelines illustrating how psychologists, Mental Health professionals and lawyers work together. Gives attention to issues related to equity, stereotypes/bias, race, disability, socioeconomic status, and age.

This book sets out and explores the case for a modernised impeachment process for the United Kingdom. The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom's political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom's system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment. The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.

The Taiwan issue has always been a core national interest of mainland China, which has steadfastly vowed to fulfill national reunification. This book provides a comprehensive and updated explanation of the strategic motivations, behavioral logic, and policymaking rationale of Beijing's Taiwan policy. It will aid readers in predicting the future development of cross-Strait relations, reducing the risk of strategic miscalculations, and defusing potential geostrategic perils. The book analyzes Beijing's changing policy toward Taiwan during the Kuomintang and Democratic Progressive Party administrations. It explains the key driving forces for Beijing's Taiwan policy in these different periods, which have displayed fundamental shifts from confrontation to cooperation and then back to confrontation. The book also delves into how the rising strategic rivalry between China and the US may influence Beijing's Taiwan policy and the prospect of cross-Strait relations in the near future. The book will be a useful reference to deepen intellectual understanding of Beijing's broader security and diplomatic policies. It will also appeal to government policymakers who have a keen and vested interest in peace and security in the West Pacific.