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Books > Law > Laws of other jurisdictions & general law > Social law > General
In this solutions-focused collection of sport corruption case studies, leading researchers consider how to re-establish trust both within sports organisations and in the wider sporting public. Inspired by the idea of 'moral repair', the book examines significant corruption cases and the measures taken to reduce further harm or risk of recurrence. The book has an international scope, including case study material from Europe, Asia, Africa, Australia and New Zealand, and covers important contemporary issues including whistleblowing, bribery, match-fixing, gambling, bidding for major events, and good governance. It examines the loss of trust at both national and international levels. Drawing on cutting-edge research, the book includes both on-field and off-field examples, from Olympic, non-Olympic, professional and amateur sports, as well as diverse academic and practitioner perspectives. Offering an important contribution to current debates and a source of reflection on best professional practice, Restoring Trust in Sport helps us to better understand why corruption happens in sport and how it can and should be addressed. This is invaluable reading for all advanced students, researchers, managers and policy makers with an interest in integrity in sport, sport ethics, sport management, sport governance, sports law, and a useful reference for anybody working in criminology, business and management, law, sociology or political science.
This book addresses the discursive importance of the prosecution's opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
Locating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadly, including in the context of abortion, the research and analysis undertaken here demonstrates that the ban on assisted suicide violates the rights of a significant number of individuals to life, to freedom from torture or inhuman or degrading treatment and to private life. Such analysis does not depend on a strained or contrived approach to the rights at issue. Rather, the conclusions flow naturally from a coherent, logical application of the established principles governing those rights. While the focus of the book is the Suicide Act 1961, the conclusions reached have implications beyond England and Wales, including for the other devolved jurisdictions and international jurisdictions. Beyond courts and legislators, it will be a valuable resource for students of human rights and medical law, as well as medical and legal practitioners and academics working in human rights and end-of-life care.
"Check out that baby bump!" Online and print magazines, television shows, and personal blogs are awash with gossip and speculation about pregnant celebrities. What drives our cultural obsession with celebrity baby bumps? Pregnant with the Stars examines the American fascination with, and judgment of, celebrity pregnancy, and exposes how our seemingly innocent interest in "baby bumps" actually reinforces troubling standards about femininity, race, and class, while increasing the surveillance and regulation of all women in our society. This book charts how the American understanding of pregnancy has evolved by examining pop culture coverage of the pregnant celebrity body. Investigating and comparing the media coverage of pregnant celebrities, including Jennifer Garner, Angelina Jolie, Beyonce Knowles, Kristen Bell, M.I.A., Jodie Foster, and Mila Kunis, Renee Cramer shows us how women are categorized and defined by their pregnancies. Their stories provide a paparazzi-sized lens through which we can interpret a complex set of social and legal regulations of pregnant women. Cramer exposes how cultural ideas like the "rockin' post-baby body" are not only unattainable; they are a means of social control. Combining cultural and legal analysis, Pregnant with the Stars uncovers a world where pregnant celebrities are governed and controlled alongside the recent, and troubling, proliferation of restrictive laws aimed at women in the realm of reproductive justice and freedom. Cramer asks each reader and cultural consumer to recognize that the seeing, judging, and discussion of the "baby bump" isn't merely frivolous celebrity gossip-it is an act of surveillance, commodification, and control.
Each of the four volumes in this set, as well as each volume independently, provide comparative analyses for researches, practitioners, and students of the law and education In examining law and education in various countries around the world. Designed to allow readers to learn from, rather than copy, the legal and educational systems in these volumes, the books are designed to generate thought and conversation on how education can be improved around the world. By having chapter authors, leading academicians in the home countries, follow the same template so it can be easier to compare similarities and differences, thereby helping to make the book user friendly. The value of these books is that they should help to enhance international awareness of the similarities and advantages associated with bringing together knowledge from various countries concerning education law. Volume 1, covering the British Commonwealth Nations in the south west Pacific region, namely Australia, Malaysia, New Zealand, Singapore, provides detailed analysis of education law and school systems in these representative countries so researchers and students there and elsewhere can learn from one another.
The recent explosion of research and practice relating to offending and the related investigative and legal processes makes it extremely difficult for anyone to master these emerging areas of research. This book will help readers to navigate through this rapidly expanding area of scholarship and practice by bringing together a number of recent reviews on key topics by leading experts in the field. Contributions to the volume discuss developments in the study of interviewing and the detection of deception together with explorations of victims and offenders. The psychological background and consequences of school bullying, child sexual abuse and male rape are also explored, as are the challenges of collecting information about crimes as varied as burglary and serial killing. This book will be a valuable resource for criminologists, crime and forensic psychologists, students of socio-legal processes and all those involved in legal and investigative activities. The chapters in this book were originally published as review articles in Crime Psychology Review.
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
This groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case studies in the context of the customs and practices of the Kurdish community. Based on an ethnographic and interdisciplinary approach, this book will be of interest to policy makers, socio-legal professionals, students and scholars of legal anthropology, ethnic minority law, transnationalism, diaspora, Kurdish, Turkish and Middle Eastern studies.
This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the 'construction' of profiles on the one hand, from their 'application,' on the other, so as to be able to identify and examine profiling's usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.
This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on "patent law," as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.
Originally published in 2005. One of the leading causes of death is organ failure, that is, when one or other of the organs that run the machine we call the body gives out. However, whereas with a machine spare parts can usually replace faulty parts, in the case of humans the supply of these is limited as it is dependent on organs being obtained from living or dead donors. Due to the limitations of supply, increasing attention is being paid to alternative schemes for obtaining organs. One of these possibilities is xenotransplantation: using organs from animals. In this book, the authors examine the legal and ethical issues surrounding xenotransplantation and consider the implications for the future. As they point out, xenotransplantation represents a major deviation from standard medical practice and the possibility of transplantation of large segments of tissue, or whole organs, from animals into humans poses an entirely novel set of considerations - ethical, legal and scientific - which it is necessary to evaluate and understand.
This book investigates how humanitarians balance the laws and principles of civilian protection with the realities of contemporary warzones, where non-state armed actors assert cultural, political and religious traditions that are often at odds with official frameworks. This book argues that humanitarian protection on the ground is driven not by official frameworks in the traditional sense, but by the relationships between the complex mix of actors involved in contemporary wars. The frameworks, in turn, act as a unifying narrative that preserves these relationships. As humanitarian practitioners navigate this complex space, they act as unofficial brokers, translating the official frameworks to align with the often-divergent agendas of non-state armed actors. In doing so, they provide an unofficial humanitarian fix for the challenges inherent in applying the official frameworks in contemporary wars. Drawing on rich ethnographic observations from the author's time in northern Iraq, and complemented by interviews with a range of fieldworkers and humanitarian policy makers and lawyers, this book will be a compelling read for researchers and students within humanitarian and development studies, and to practitioners and policy makers who are grappling with the contradictions this book explores.
This book analyses the institution and concept of dictatorship from a legal, historical and theoretical perspective, examining the different types of dictatorship, their relationship to the law, as well as the analytical value of the concept in contemporary world. In particular, it seeks to codify the main theories and conceptions of 'dictatorship', with the goal of unearthing their contradictions. The book's main premise is that the concept of dictatorship and the different types of the dictatorial form have to be assessed and can only be understood in their historical context. On this basis, the elaborations on dictatorship of such diverse thinkers as Carl Schmitt, Donoso Cortes, Karl Marx, Ernst Fraenkel, Franz Neumann, Nicos Poulantzas, and V. I. Lenin, are discussed in their historical context: 'classical and Caesaristic dictatorship' in ancient Rome, 'dictatorship' in revolutionary France of 1789 and counterrevolutionary France of 1848, 'fascist dictatorship' in Nazi Germany, and 'dictatorship of the proletariat' in Russia of 1917. The book contributes to the theory of dictatorship as it outlines the contradictions of the different typologies of the dictatorial form and seeks to explain them on the basis of the concept of 'class dictatorship'. The book's original claim is that the dictatorial form, as a modality of class rule that relies predominantly on violence and repression, has been essential to the reproduction of bourgeois rule and, consequently, of capitalist social relations. This function has given rise to different types and conceptualisations of dictatorship depending on the level of capitalist development. This book is addressed to anyone with an interest in law, political theory, political history and sociology. It can serve as core text for courses that seek to introduce students to the institution or theory of dictatorship. It may also serve as a reference text for post-graduate programs in law and politics, because of its interdisciplinary and critical approach.
"Check out that baby bump!" Online and print magazines, television shows, and personal blogs are awash with gossip and speculation about pregnant celebrities. What drives our cultural obsession with celebrity baby bumps? Pregnant with the Stars examines the American fascination with, and judgment of, celebrity pregnancy, and exposes how our seemingly innocent interest in "baby bumps" actually reinforces troubling standards about femininity, race, and class, while increasing the surveillance and regulation of all women in our society. This book charts how the American understanding of pregnancy has evolved by examining pop culture coverage of the pregnant celebrity body. Investigating and comparing the media coverage of pregnant celebrities, including Jennifer Garner, Angelina Jolie, Beyonce Knowles, Kristen Bell, M.I.A., Jodie Foster, and Mila Kunis, Renee Cramer shows us how women are categorized and defined by their pregnancies. Their stories provide a paparazzi-sized lens through which we can interpret a complex set of social and legal regulations of pregnant women. Cramer exposes how cultural ideas like the "rockin' post-baby body" are not only unattainable; they are a means of social control. Combining cultural and legal analysis, Pregnant with the Stars uncovers a world where pregnant celebrities are governed and controlled alongside the recent, and troubling, proliferation of restrictive laws aimed at women in the realm of reproductive justice and freedom. Cramer asks each reader and cultural consumer to recognize that the seeing, judging, and discussion of the "baby bump" isn't merely frivolous celebrity gossip-it is an act of surveillance, commodification, and control.
In this study, an audit of British compliance with international human rights standards is carried out. The book identifies 44 violations and 19 near violations. It provides an up-to-date description of law and practice with respect of freedom of information, freedom of expression, freedom of assembly and public protest, freedom of association and trade unionism, state surveillance, the right to life and liberty, and the right to vote and stand in elections. This study looks at both the political and legal aspects of political freedom in the UK. It measures political freedom specifically against international standards and provides the "Human Rights Index" - a system for measuring political rights which may be used to monitor legislation in the UK from 1997 or in any country in the rest of the world.
Now in its fourth edition, this text is still the only sport law textbook to introduce sport legal studies from a management perspective and integrate legal strategies to gain a competitive advantage in business. Acknowledging that students understand legal concepts better when they are tied to real sport management practice, the book is organized around the core management functions. It provides concise explanations of key concepts, as well as current industry examples and legal cases, and gives the student all the legal knowledge they need to become confident and effective professionals in sport management, recreation, or sport education. This new edition includes additional contributions from leading sport law educators and practitioners, and has expanded coverage of important contemporary issues including: * Sports injury and concussion litigation * Impact of Covid-19 on events and leagues * Gender discrimination, disability discrimination, sexual harassment, #metoo, and USWNT pay equity * Intellectual property, licensing agreements, publicity rights, social media influencers, and digital privacy * Student-athletes and marketing rights * Sport gambling and state regulation * Athlete activism, employee free speech, and collective bargaining * Olympic and Paralympic restructuring * NCAA Division 1 Coaches Contracts The book contains useful features and ancillaries to help with teaching and learning, including managerial context tables, case opinions, focus cases, strategies for competitive advantage, discussion questions, and learning activities. It is an essential text for any course on sport law or recreation law, an invaluable supplement to any course on sport business and management, and an important reference for all sport management practitioners. Online resources include a variety of exam questions for each chapter, featuring multiple choice, true or false, short answer exam questions and short essay questions, and a sample syllabus.
Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.
This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.
Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.
The integrity of tax systems as we know them are being challenged throughout the world. Tax avoidance schemes of various kinds are proving increasingly attractive and lucrative to wealthy individuals and large corporations. As governments fear the erosion of their tax base among those who are most able to contribute, the public is looking on, as one of its most public institutions attempts to re-invent itself through changing laws and administrative procedures. In this book, a number of experts develop the idea of responsive regulation in relation to taxation. They demonstrate how law in this area is undermining social norms and social norms are undermining law. A key factor in their analysis is the perception of justice. Explanations as to why the integrity of tax systems is under siege, and possible solutions, are examined.
Originally published in 2005. Law has a complex relationship to the phenomenon of change; it is an instrument, a cause and an inhibitor of change. Law has both effected and been affected by extraordinary changes, particularly in the late twentieth and early twenty-first centuries. This interdisciplinary collection addresses, from a range of perspectives, the theme of 'changing law'. The essays cover historical and contemporary issues of social, political and legal change, including human rights, security, law reform, changes in knowledge production in universities and specifically in the legal academy, and the legal oppression/protection of racial minorities. The chapters are grouped into three sections around shared focuses on states, institutions and justice, and collectively address common concerns of rights, regulation and reconciliation: key legal problematics of the early twenty-first century.
This book discusses the conflicting discourse around GM crops in India. It brings together concerns related to food production, farming, environment, health, ownership and policymaking on the use of genetically modified crops in India. The volume analyses apprehensions around GM technology from the perspective of the various stakeholders involved in the debate. Through field surveys and interviews with scientists, economists, environmentalists, civil society activists as well as cotton growing farmers from the states of Telangana and Maharashtra, it highlights the vulnerabilities and questions related to the short-term and long term impacts of using GM technology on farmers, food production, health, the agricultural economy and the environment. The book proposes ways for the use of GM technology which takes stock of economic and farming limitations and accordingly brings in reforms and policies to reconcile the conflicting arguments of stakeholders. This volume will be of great interest to researchers and students of development studies, political science, sociology, agricultural studies and sciences and biotechnology. It will also be useful for policymakers, think tanks and NGOs working with farmers or agriculture collectives on policy issues.
The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.
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.
The volume: * Is one of the first projects on the COVID-19 / Coronavirus pandemic and public policy * Focuses on the intersections between public health, law, security studies and cyber studies * Will be of great interest to professionals in the field of public policy, especially those working on technology and society, security studies, law, media studies and public health |
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