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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.
Investigating the unsolved murder of a female law student and the pervasive violence against Guatemalan women that drives migration. Part memoir and part forensic investigation, Textures of Terror is a gripping first-person story of women, violence, and migration out of Guatemala—and how the United States is implicated. Accompanying Jorge Velásquez in a years-long search for answers after the brutal murder of his daughter Claudina Isabel, Victoria Sanford explores what it means to seek justice in "postconflict" countries where violence never ended. Through this father's determined struggle and other stories of justice denied, Textures of Terror offers a deeper understanding of US policies in Latin America and their ripple effect on migration. Sanford offers an up-close appraisal of the inner workings of the Guatemalan criminal justice system and how it maintains inequality, patriarchy, and impunity. Presenting the stories of other women who have suffered at the hands of strangers, intimate partners, and the security forces, this work reveals the deeply gendered nature of power and violence in Guatemala.
With an accessible approach free of legal jargon, Introduction to Sport Law With Case Studies in Sport Law, Third Edition, provides a comprehensive examination of the fundamental legal issues commonly found in sport and sport management. Even students with little to no legal background will understand law topics relevant to the sport industry through the text’s straightforward examples and case studies that demonstrate sport law theory through real-world applications. Organized to cover all law categories that are most critical to the management of sport, the text first presents an overview of the United States legal system, including the court system, the various types of law, and legal resources. Students will then explore important topics such as risk management, employment law, gender equity, intellectual property, and constitutional law, examining the relevance of the law at hand to real-world applications across the field of sport management. This updated third edition allows students to increase their comprehension by looking at laws and issues through timely, modern points of view. New content reflects important topics and current legal issues, including the Equal Pay Act; the Sports Broadcasting Act; athlete safety and equipment concerns; name, image, and likeness (NIL) laws; antitrust litigation, unionization, and collective bargaining; and transgender athlete participation in sport. The updated content addresses contemporary challenges to constitutional law, including the First Amendment and Fourteenth Amendment, and it examines how budget problems related to COVID-19 resulted in cutting sports and raised Title IX issues. End-of-chapter discussion questions and In the Courtroom sidebars have been updated with current examples to better demonstrate modern applied perspectives. Moot Court Case sidebars now have accompanying questions on hypothetical scenarios, allowing students to understand the technicalities of sport law in practical application. Each chapter of Introduction to Sport Law, Third Edition, also directs students to relevant cases in the included ebook, Case Studies in Sport Law, Third Edition, by Andrew T. Pittman, John O. Spengler, and Sarah J. Young. Featuring abridged versions of 93 court cases, all carefully curated to provide real-life applications representing many of the multifaceted aspects of sport law, the ebook also includes review questions for each case to test comprehension and prompt in-class discussion. Through its focus on legal concepts with direct application to the world of sport, Introduction to Sport Law, Third Edition, provides students with the information they need to feel confident with the fundamentals of sport law. Note: This ebook includes both Introduction to Sport Law, Third Edition, and Case Studies in Sport Law, Third Edition. Â
The insolvency law is one of the core components of the comprehensive body of legislation that ensures the confidence of the legal community in a legal system. It regulates the conditions of widespread debtor liability and at the same time defines the framework within which creditors can expect their rights to be preserved through a reorganization and recapitalization of the indebted company. The actual effect of the insolvency law does not end at a country's borders. Insolvency proceedings are structured according to the right to have universally applicable validity. Joint legislation on cross-border insolvency proceedings is now in effect in the form of intrastate legislation in almost all member states of the European Union. This shared European legislation is impacting intrastate reform processes and influencing the insolvency legislation. Furthermore, the intrastate legislation is being influenced by the UNCITRAL-Model law. Academic debate is increasingly concerned with the convergence movement that has been triggered as a result. Practical applications require legal dogmatic clarification of the increasingly complex regulations of insolvency legislation, and information on structures and problems of foreign European and extra-European insolvency laws, as well as and in particular with regard to its interaction with German laws. The DZWIR publication series is a forum of these discussions. It is being published as a series of monographic examinations of fundamental questions on German, European and international insolvency legislation. As such, this series contributes to the legal dogmatic clarification of disputes as well as to the promotion of European integration of national insolvency legislation.
Die in diesem Band zusammengefassten Beitrage behandeln einige zentrale Fragen des internationalen Zivilprozessrechts. Sie sind zum grossen Teil in den letzten 20 Jahren in Festschriften und juristischen Zeitschriften veroeffentlicht worden. Alle Beitrage sind uberarbeitet, aktualisiert, Literatur und Rechtsprechung sind auf den aktuellen Stand gebracht, zwischenzeitliche Gesetzesanderungen sind berucksichtigt worden.
Now in its third edition, Mustill & Boyd: Commercial Arbitration, remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.
African Soul Talk came about as the result of Sunday email conversations between Dumani Mandela and Rabbi Warren Goldstein. This unlikely duo debates what it means to be South African and to live with dignity and integrity in a country filled with contradictions. Their upbeat discussions - and often-conflicting opinions - result in spirited exchanges about politics, culture, religion and nation building, and are interspersed with personal anecdotes and day-to-day events in their lives. Like the old Clem Sunter books, African Soul Talk examines our South African-ness and suggests how we can understand the future in these uncertain times. Together, Dumani and Warren have suggested a moral code according to which citizens can build South Africa with faith and confidence. This is a unique dialogue between two young South Africans from very different walks of life, and reflects the hope and optimism they hold for the future of all South Africans.
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
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.
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.
What are the facts about psychiatric malpractice? Is it increasing? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability? The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care. Through a general overview--as well as a discussion of specific legal cases--this volume presents the major malpractice traps encountered in everyday psychiatric practice.
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.
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?
The Right to be Parents is the first book to provide a detailed history of how LGBT parents have turned to the courts to protect and defend their relationships with their children. Carlos A. Ball chronicles the stories of LGBT parents who, in seeking to gain legal recognition of and protection for their relationships with their children, have fundamentally changed how American law defines and regulates parenthood. To this day, some courts are still not able to look beyond sexual orientation and gender identity in cases involving LGBT parents and their children. Yet on the whole, Ball’s stories are of progress and transformation: as a result of these pioneering LGBT parent litigants, the law is increasingly recognizing the wide diversity in American familial structures.
Blackstone's Senior Investigating Officers' Handbook is aimed at meeting the reference needs of officers who investigate serious, major, and organised crime. It provides step-by-step, easy to understand guidance on all the necessary considerations, procedures, and processes for a Senior Investigating Officer (SIO), whether performing the role at the very outset of an investigation or at the more advanced stages. Chapters include guidance regarding decision-making and the initial response, setting up and managing an investigation, investigative strategies, policy logs, victim, family, and community management, and liaison with the media. There is also instruction on suspect and witness management, conducting 'TIE' (Trace, Investigate, and Evaluate) enquiries, child sexual exploitation and investigating sudden and unexplained infant deaths. Each chapter covers the important areas of a complex investigation with checklists, keypoints, and real-life case studies to help explain the processes and why they are important. All the main investigative foundations, knowledge, and skills for mounting a complex investigation are covered. The sixth edition also includes a new chapter on investigating suspicious missing persons. Each chapter has been completely updated and refreshed to reflect new changes and processes applicable to each individual section. Whether you conduct, review, or take a professional interest in serious and major crime investigation, this title will be an invaluable resource. The first practical guide to this important role, it is commonly referred to as the essential reference book in the wider SIO community (the SIO's bible) and is a highly practical tool for any SIO or prospective SIO.
The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP's Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.
Shattered Justice presents original crime victims' experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.
In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the "politics of efficiency," or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. "Dust-Up" explores the most recent congressional efforts to reform asbestos litigation -- a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, "Dust-Up" provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone -- Supreme Court justices, members of Congress, presidents, and experts -- agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health. |
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