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Dramatic cases of child abuse and neglect are featured with tragic regularity in the news. The stories vividly demonstrate both the urgent need for improved child protection services and the unwieldiness and ineffectiveness of the systems charged with the task. To complicate matters further, the original intent of child welfare policy is becoming increasingly obscured as legal responses to child maltreatment become more complex, intrusive, and even contradictory. Fueled by a consistent narrative and a lucid ethical stance, Child Maltreatment and the Law analyzes the increasing role legal systems play in family life and traces rapidly evolving legal concepts as they apply to child protection. This unique volume helps readers: (1) Navigate the various layers of legal regulation - federal and state - involved in child protection and family life. (2) Identify variations and discrepancies in definitions of maltreatment and legal responses. (3) Critique the relationships and boundary disputes between the criminal and civil justice systems and agencies dedicated to children's welfare. (4) Analyze controversies (e.g., removing children from maltreating families) and other prime areas for possible reform. Child Maltreatment and the Law is a must-read for psychologists, developmentalists, sociologists, social workers, criminologists, and researchers focusing on family life as well as policymakers and advocates working within the legal system. The book is particularly useful for courses relating to child welfare law or child abuse and neglect.
This book details possible ethical situations and pitfalls that forensic psychiatric experts would commonly encounter when making a court testimony. Richly illustrated with cases from medicine, psychiatry, and law, this elegantly written volume examines the common moral ground that links these usually separate domains, and relates forensic ethics to larger concepts of morality and justice.
This book offers a welcome expansion on key concepts, terms, and issues in causality. It brings much needed clarity to psychological injury assessments and the legal contexts that employ them. Focusing on PTSD, traumatic brain injury, and chronic pain (and grounding readers in salient U.S. and Canadian case law), the book sets out a multifactorial causality framework to facilitate admissibility of psychological evidence in court.
The book analyzes attitudes to people with various disabilities based on Muslim jurists works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: ‘Breach’ ‘Substantial’ and ‘material’ in clauses for termination ‘Beyond reasonable control’ in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of ‘no amendment’ or ‘no variation’ clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads
This provocative book shows how the United States Supreme Court has used constitutional history in church-state cases. Donald L. Drakeman describes the ways in which the justices have portrayed the framers' actions in a light favoring their own views about how church and state should be separated. He then marshals the historical evidence, leading to a surprising conclusion about the original meaning of the First Amendment's establishment clause: the framers originally intended the establishment clause only as a prohibition against a single national church. In showing how conventional interpretations have gone astray, he casts light on the close relationship between religion and government in America and brings to life a fascinating parade of church-state constitutional controversies from the founding era to the present.
Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders the people, through direct democracy, and the courts. Introduced in the U.S. during the Progressive Era and now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the people s rule is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.
In recent years the concepts of individual autonomy and political liberalism have been the subjects of intense debate, but these discussions have occurred largely within separate academic disciplines. Autonomy and the Challenges to Liberalism contains essays devoted to foundational questions regarding both the notion of the autonomous self and the nature and justification of liberalism. Written by leading figures in moral, legal and political theory, the volume covers inter alia the following topics: the nature of the self and its relation to autonomy, the social dimensions of autonomy and the political dynamics of respect and recognition, and the concept of autonomy underlying the principles of liberalism.
This revised edition of IT'S CRIMINAL! brings this valuable and readable book up to date and reflects the many significant changes which have occurred not only to the conduct of criminal litigation, but also to the testing of procedure, sentencing and evidence on the Bar Professional Training Course. It continues to provide learning guides and revision tips, and the chapter on preparing for the assessments has been completely re-written, to take on board the 'Single Best Answer' testing format, introduced in 2016-2017. Whether as an introduction, overview or revision guide, IT'S CRIMINAL! provides invaluable support to anyone wanting to learn about the subject or prepare for examinations, especially BPTC students.
For fifty years European integration has been pursued according to an operational code based on rules which have never been publicly discussed. This book demonstrates the far-reaching consequences of the prioritisation of integration over competing values, fait accompli and other implicit rules of action. The willingness to sacrifice democracy on the altar of integration is demonstrated by the monopoly of legislative initiative granted to the non-elected Commission. Monetary union preceding, rather than following, political integration is a striking example of fait accompli, and the reason behind many holes in the EU system of economic governance. Until now, academics have avoided radical criticism; Giandomenico Majone argues that only an open acknowledgement of the obsolescence of the traditional methods can stem the rising tide of Euro-scepticism.
As a unique work of reference, The Cambridge Handbook of Australian Criminology covers the broad range of contemporary and historical subjects of criminology, combining statistical and narrative analyses. The book provides the most up-to-date figures and facts, traces historical trends in Australian crime and criminal justice, and comprehensively covers the key contemporary issues in Australian criminology. Including valuable crime statistics compiled by the Australian Bureau of Statistics, this book is the complete companion to Australian criminology - the single most important resource for Australian criminology and criminal justice.
Who should have the last word on fundamental policy issues? This book analyzes the rise of two contenders the people, through direct democracy, and the courts. Introduced in the U.S. during the Progressive Era and now available in nearly half the states, direct democracy has surged in recent decades. Through ballot measures, voters have slashed taxes, mandated government spending, imposed term limits on elected officials, enacted campaign finance reform, barred affirmative action, banned same-sex marriage, and adopted many other controversial laws. In several states, citizens now bypass legislatures to make the most important policy decisions. However, the people s rule is not absolute. This book demonstrates that courts have used an expanding power of judicial review to invalidate citizen-enacted laws at remarkably high rates. The resulting conflict between the people and the courts threatens to produce a popular backlash against judges and raises profound questions about the proper scope of popular sovereignty and judicial power in a constitutional system.
With Church establishment largely locked in the geopolitics of the late 17th century, this study examines the case for change. How should the constitution respond to an ever more pluralized society; what are the implications for the religious character of the monarchy? This book helps readers consider such questions and reach their own judgments.
Tracing the troubled roots of American capitalism and imperialism Coedited by noted Masters scholar, Jason Stacy, and his class, “Editing History,†this annotated edition of Edgar Lee Masters’s The New Star Chamber and Other Essays reappears at a perilous time in US history, when large corporations and overseas conflicts once again threaten the integrity of American rights and liberties, and the United States still finds itself beholden to corporate power and the legacy of imperial hubris. In speaking to his times, Masters also speaks to ours. These thirteen essays lay bare the political ideology that informed Spoon River Anthology. Masters argues that the dangerous imperialism championed by then-President Theodore Roosevelt was rooted in the Constitution itself. By debating the ethics of the Philippine-American War, criticizing Hamiltonian centralization of government, and extolling the virtues of Jeffersonian individualism, Masters elucidates the ways in which America had strayed from its constitutional morals and from democracy itself. The result is a compelling critique of corporate capitalism and burgeoning American imperialism, as well as an exemplary source for understanding its complicated author in the midst of his transformation from urban lawyer to poet of rural America. In print again for the first time since 1904, this edition includes an introduction and historical annotations throughout. Edited and annotated by students at Southern Illinois University Edwardsville, and designed and illustrated by students at Southern Illinois University Carbondale, this volume traces economic and political pathologies to the origins of the American republic. The New Star Chamber and Other Essays is as vital now as it was over 100 years ago.
Trapped in a Maze provides a window into families'Â lived experiences in poverty by looking at their complex interactions with institutions such as welfare, hospitals, courts, housing, and schools. Families are more intertwined with institutions than ever as they struggle to maintain their eligibility for services and face the possibility that involvement with one institution could trigger other types of institutional oversight. Many poor families find themselves trapped in a multi-institutional maze, stuck in between several systems with no clear path to resolution. Tracing the complex and often unpredictable journeys of families in this maze, this book reveals how the formal rationality by which these institutions ostensibly operate undercuts what they can actually achieve. And worse, it demonstrates how involvement with multiple institutions can perpetuate the conditions of poverty that these families are fighting to escape.
What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.
Vortrag, gehalten vor der Juristischen Gesellschaft zu Berlin am 15. Juni 2005, mit dem Thema Europaisierung des Privatrechts als Aufgabe und Herausforderung der Rechtsvergleichung.
This book examines whether we are moving towards an integrated regional system of legal provision for minorities. It illustrates the tension between newer member states, many of which have an interest in seeing minority issues addressed, and established members, which remain hesitant in committing themselves fully to a minority rights regime.
From "Reefer Madness" to legal purchase at the corner store.With long-time legal and social barriers to marijuana falling across much of the United States, the time has come for an accessible and informative look at attitudes toward the dried byproduct of Cannabis sativa. Marijuana: A Short History profiles the politics and policies concerning the five-leaf plant in the United States and around the world. Millions of Americans have used marijuana at some point in their lives, yet it remains a substance shrouded by myth, misinformation, and mystery. And nearly a century of prohibition has created an enforcement system that is racist, and the continuing effects of racially-targeted over criminalization limit economic and social opportunities in communities of color. Marijuana: A Short History tells this story, and that of states stepping up to enact change. This book offers an up-to-date, cutting-edge look at how a plant with a tumultuous history has emerged from the shadows of counterculture and illegality. Today, marijuana has become a remarkable social, economic, and even political force with a surprising range of advocates and opponents. Over the past two decades marijuana policy has transformed dramatically in the United States, as dozens of states have openly defied the federal government. Marijuana: A Short History provides a brief yet compelling narrative that discusses the social and cultural history of marijuana but also tells us how a once-vilified plant has been transformed into a serious, even mainstream, public policy issue. Focusing on politics, the media, government, racism, criminal justice, and education, the book describes why public policy has changed, and what that change might mean for marijuana's future place in society.
Working in Language and Law is a detailed account of the forensic linguistic work done by the author in the last 35 years. It provides exemplary insights into an ever-expanding field of expert testimony, focusing on the situation in Germany since the seventies and covering all major areas of the field. |
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