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The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Lord Pannick celebrates advocacy: that controversial legal issues are decided in court after reasoned argument in which the participants refrain (usually) from shouting, personal insults or threats, and the points on each side of the debate are tested for their relevance, their accuracy, and their strength. The book seeks to identify the central characteristics of good and bad advocacy with the aid of examples from courtrooms in the UK and abroad. Lord Pannick also examines the morality of advocacy - that the advocate sets out views to which he does not necessarily subscribe, on behalf of clients for whom she may feel admiration, indifference, or contempt. Lord Pannick seeks to answer the question he is often asked - more by friends than by judges - 'How can you act for such terrible people?'. Finally, he addresses the future of advocacy, arguing it should and will survive pressures for efficiency and technological developments.
A History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt—aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion—by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.
This book considers the process of legal modernization in Russia from the development of the mechanism of complaints addressed to the authorities from the pre-revolutionary period to today. It analyzes wide-ranging data and sources, collected over 17 years, such as legislation, in-depth interviews, archival materials, original texts, and examples of different methods of complaints in Soviet and contemporary Russia. Being marginal to the legal system and almost invisible for researchers of legal development, the complaint mechanism has functioned as an extremely important way of restoring justice, available to the majority of people in Russia for centuries. It has survived several historical gaps and, in a sense, acts as a thread that stitches together different eras, coexisting with the establishment and modernization of legal institutions, compensating, accompanying, and sometimes substituting for them. The research covers a period of over 100 years, and shows how and why at major historical crossroads, Russia chooses between full-fledged legal modernization and saving the authoritarian social contract between the state and society. This book will be especially useful to scholars researching Soviet society and Post-Soviet transformations, socio-legal studies, and liberal legal reforms, but will also appeal to those working in the broader fields of Russian politics, the history of Soviet society and justice issues more generally.
UEberarbeitete und erweiterte Fassung eines Vortrages, gehalten vor der Juristischen Gesellschaft zu Berlin am 12. Januar 2005, zu der Frage nach dem Sinn einer Entwicklungsgeschichte des geltenden Verfassungs- und Verwaltungsrechts.
The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.
What's an alibi, a bete noire, a celibate, a dilemma? Should
underway be two words? Is the word meretricious worth using at all?
How do you spell realise - with an s or a z - and should bete be
bete? Should you split infinitives, end sentences with
prepositions, start them with conjunctions? What about four-letter
words, euphemisms, foreign words, cliches, slang, jargon? And does
the Queen speak the Queen's English?
'I couldn't put down Jailhouse Lawyer, a page-turning legal thriller' Tony Messenger 'A writer with an unusual skill at thriller plotting' Mark Lawson, Guardian 'Nobody does it better' Jeffery Deaver _____________________________ Two brand-new legal thrillers in one book - from the authors of Juror No. 3 A young lawyer takes on the judge who is destroying her hometown - and ends up behind bars... In picture-perfect Erva, Alabama, the most serious crimes are misdemeanors. Speeding tickets. Shoplifting. Contempt of court. Then why is the jail so crowded? And why are so few prisoners released? There's only one place to learn the truth. Sometimes the best education a lawyer can get is a short stretch of hard time. _____________________________ Praise for James Patterson 'The master storyteller of our times' Hillary Rodham Clinton 'One of the greatest storytellers of all time' Patricia Cornwell 'James Patterson is The Boss. End of.' Ian Rankin 'No one gets this big without amazing natural storytelling talent' Lee Child 'Patterson boils a scene down to the single, telling detail, the element that defines a character or moves a plot along. It's what fires off the movie projector in the reader's mind.' Michael Connelly
Containing also: Kultur im Verfassungsstaat. Grund und Grenzen der Wissenschaftsfreiheit. Die Universitat im Zeichen von OEkonomisierung und Internationalisierung. Sprache als Kultur- und Rechtsgut
In LSAT Logic Games Prep 2023, Kaplan's unique instruction combines real LSAT PrepTest questions with exercises and drills to help you understand every type of Logic Game through the eyes of the testmaker. This book is up-to-date with the Digital LSAT, and it is designed especially for the self-prep student - compatible with the testmaker's digital practice tool and well-known free prep resources. Most students view Logic Games as the toughest section of the LSAT. Our guide features exclusive data on test taker performance and recent LSAT trends to help you avoid surprises on test day. You'll get complete explanations, focused strategies, and targeted review to help you master the Logic Games section of the LSAT. We are so certain that LSAT Logic Games Prep offers all the knowledge you need to excel on the LSAT that we guarantee it: after studying with the online resources and book, you'll score higher on the LSAT-or you'll get your money back. Essential Strategies and Practice Logic Games strategies will help you tackle the toughest games with the most advanced twists or if you just need more help with the basics to get started. Kaplan's LSAT experts share practical tips for using LSAC's popular digital practice tool and the most widely used free online resources. Official LSAT PrepTest practice questions let you get comfortable with the test format. Study plans will help you make the most of your practice time, regardless of how much time that is. Our exclusive data-driven learning strategies help you focus on what you need to study. Diagnostic tools analyze individual strengths and weaknesses by game type, so you can personalize your prep. LSAT Training Camp features hundreds of quick, skills-based practice drills so you can refine your approach to the Logic Games section. Interactive online instructor-led workshops give expert review. A comprehensive course preview features online test analytics that analyze your performance by section and question type. Expert Guidance LSAT Logic Games Prep comes with access to an episode from Kaplan's award-winning LSAT Channel, which features one of Kaplan's top LSAT teachers. We know the test: Kaplan's expert LSAT faculty teach the world's most popular LSAT course, and more people get into law school with a Kaplan LSAT course than with all other major test prep companies combined. Kaplan's experts ensure our practice questions and study materials are true to the test. We invented test prep-Kaplan (www.kaptest.com) has been helping students for 80 years. Our proven strategies have helped legions of students achieve their dreams.
The story is set in Natal at the turn of the 20th century , when Sita and her family arrive from India to build a new life in South Africa, not suspecting what lies in store for them. Working as indentured labourers on a sugar-cane plantation, life is hard – but for Sita, it is also filled with the joys of growing up, first love and the dawning of passion. Defying tradition, the young girl becomes enmeshed in a forbidden love affair with Albert, the English brother-in-law of the estate owner. Unwillingly at first, Sita is forced into a marriage of her parents' choosing – but her secret passion never dies… Years later, when she has settled into marriage and motherhood, Albert returns, and Sita must grapple with her feelings again. The Heart Has No Colour also delves into the criminal underworld of turn-of-the-century Durban. Entwined in Sita's story is the tale of Gopi, her older brother, who comes to ruin in the seedy gambling dens of the big city. Sita's large, loving, emotional family is portrayed in intimate detail. The story traces their fortunes and misfortunes into the next generation, when Geeta and Sita's children grow to adulthood, and each in their own way reaps the consequences of their parents' actions.
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Trusted for over 40 years for its authoritative account of medical law, this text provides the right balance between in-depth legal coverage and analysis of ethical issues. This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. - Covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses - Clearly sets a diversity of views in ethical debates, and offers the authors' own perspectives, encouraging students to explore and form their own opinions - Takes account of the influence of international policy and legal developments in shaping medical law in the UK New to this edition: · Two brand new chapters introduce students to concepts, theories, and tools that frame interpretation and analysis of health and medical law · A new chapter provides an overview of UK health systems and examines these in the context of devolution, the Covid-19 pandemic, and Brexit · The table of contents has been reorganised and streamlined to enhance clarity and focus on current issues in the discipline · Includes coverage of developments such as the Health and Social Care Act 2022, Mental Health Bill 2022, Medicines and Medical Devices Act 2021, Coronavirus Act 2020, new regimes for organ donation, Bell v Tavistock, ABC v St George's Healthcare NHS Trust, Khan v Meadows, and more Digital formats This twelfth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Research on global norm diffusion and institutional transfer has often neglected the agency of the governed. This collection argues that limited statehood - the lack of state capacities in most parts of the global South - provides opportunities for the governed to raise their voices and be listened to. Thus, people on the receiving end of development cooperation, state building, or security interventions can significantly shape global dynamics of normative and institutional change. Drawing on the emerging body of literature on the agency of the governed, this book assesses the current dynamics of transfer and diffusion studies at the interstice of political science and social anthropology. By focusing on the agency of the governed, the authors integrate a broad spectrum of issues and debates, from the proliferation of global norms to state and security building to international policy cooperation. This book will be of interest to students and researchers of global politics and international relations, particularly those focusing on the global South. It was originally published as a special issue of the online journal Third World Thematics.
The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges, barristers, solicitors, and caseworkers working in immigration, asylum, and human rights law. In this new edition, all sections have been updated to reflect the various changes to the immigration rules since 2018, especially as a result of Brexit and the COVID-19 pandemic. Most notable is the inclusion of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 which made provision to end rights to free movement of people under EU law and to repeal other EU law relating to immigration. Three new Statutory Instruments set the transitional and saving provisions to which the Immigration (European Economic Area) Regulations 2016 are now subject. Four more new Statutory Instruments are also included: The Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 and three relating to Brexit: The Immigration (European Economic Area Nationals)(EU Exit) Order 2019; Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020; and The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020. The Immigration Rules have been subject to 22 statements of changes since the last edition, some of which are significant. This edition captures all changes in the Immigration Rules up to and including those coming into force in July 2021. The Tribunals, Courts and Enforcement Act 2007, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum) Rules 2014 and the Tribunal Procedure (Upper Tribunal) Rules 2008 all include amendments made in response to circumstances arising as a result of the COVID-19 pandemic. The Procedure Rules and Practice Directions section has been expanded to include practice statements and brought up to date with the latest rules and guidelines. Finally, the European Materials section has been streamlined to include just the two most relevant, relating to free movement and workers' rights. Coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information.
The complete guide to EU competition law, combining key primary sources with expert author commentary. The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team Selling Points— · Full, definitive coverage of every aspect of EU competition law - the complete guide to the subject · Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced author team · 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively · Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and reading New to this edition— · Full analysis of important developments in competition law and policy since 2019, including relevant case-law, new EU legislation and notices and competition law goals; · A comprehensive discussion of the evolving law and policy governing market definition and vertical, horizontal cooperation and sustainability agreements; · A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.
An unrivalled collection, placing key judgments and expert commentary at your fingertips. Family Law: Text, Cases, and Materials presents everything the undergraduate student needs in one volume. The authors offer a detailed and authoritative exposition of family law, illustrated by materials carefully selected from a wide range of sources. Key features - Combines a wide range of cases and materials with insightful explanation, commentary and analysis, creating a complete resource for students of family law - Features authoritative author commentary which engages with a range of theoretical and critical perspectives - Accompanying online resources provide regular updates on recent developments in family law, further reading suggestions, questions, and additional legal coverage - Also available as an e-book with functionality, navigation features, and links that offer extra learning support New to this edition - Developments including the Domestic Abuse Act 2021, Divorce, Dissolution and Separation Act 2020, and the advent of mixed-sex civil partnership - Consideration of the Law Commission's proposed reform of weddings law, particularly in relation to non-qualifying ceremonies - A revised analysis of the Gillick competence and children's autonomy rights in light of recent case law - Updated case law, including HM Attorney General v Akhter and Khan [2020], Guest v Guest [2022], Bell v Tavistock and Portman NHS Trust [2021], and Re H-W (Care Proceedings) [2022] Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include regular updates on the law, further reading suggestions, and questions for students to consider.
Few studies look at the treatment of those inside America's prisons. Discussing race discrimination alongside gender, ethnic, and religious discrimination in contemporary American prisons, this book finds that correctional staff are swayed by stereotypes in their treatment of inmates. The American Dream is that anyone who works hard enough can be successful. It is a dream premised on equal opportunity; however, millions of racial, ethnic, religious, and gender minorities have found their opportunities for success limited—even in prison. What accounts for the discriminatory treatment of people who are already imprisoned? Relying on national data and interviews conducted by the author, this book argues that American prisons are not a tool for justice but a tool for the persecution of the weak by the powerful. The book details how African American, American Indian, and Hispanic inmates receive harsher punishments, including solitary confinement, and fewer rehabilitative programs, such as substance abuse treatment and mental health counseling. It also examines other injustices, including how female inmates suffer from a lack of rehabilitative services, Muslim inmates are placed in solitary confinement for practicing their religious beliefs, American Indians are disproportionately punished, and undocumented immigrants are forced from prison to prison in the middle of the night.
The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, EU Law Directions will help them: · Gain a complete understanding of the topic: just the right amount of detail conveyed clearly · Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear · Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law · Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence · Elevate their learning: with the ground-work in place your students can aspire to take their learning to the next level, with direction provided on how to go further Digital formats and resources The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include self-test questions with instant feedback to consolidate your learning, suggested approaches to end of chapter questions to help you perfect your technique, as well as a timeline of key moments in EU legal history to give you a contextual overview of the subject.
The Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles of trusts and their equitable remedies. Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with the subject area, and excel in their studies. Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts. Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with self-assessment activities, multi-media content including author videos, web links to key cases, functionality tools, navigation features and links that offer extra learning support: http://www.oxfordtextbooks.co.uk/ebooks · The online resources includes self-test and scenario questions with feedback, videos from the author, and web links to key cases |
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