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This interdisciplinary book offers a new analysis of the concepts, spaces, and practices of activism that emerge under diverse authoritarian modes of governance in Asia. Demonstrating the limitations of existing conceptual approaches in accounting for activism in Asia, the book also offers new understandings of authoritarian governance practices and how these shape state-civil society relations. In conjunction with its tripartite theoretical framework, the book presents regional knowledge from an array of countries in Asia, with empirically rich contributions from both scholars and activists. Through in-depth case studies, the book offers new scholarly insights that highlight the ways in which activism emerges and is contested across Asia. As such, it will be of interest to students and scholars of Asian politics, law, and sociology.
The authors of this book alert that professional services like law, accountancy, and consultancy firms are set to face major disruption. The most important driver and enabler are the new technologies that help and in part substitute the work done by professionals. The second important disruptor is the new generation of professionals - "NewGen" - who are less interested in building their careers in a hierarchical organization and more interested in entrepreneurial challenges in small teams, with more rapid returns. In the meanwhile, major service conglomerates - the "big four" accounting firms, the "big three" consulting firms to name a few examples - build their network using their brand and substantial resources. All along, the relentless pressure from clients to receive more services at lower cost continues. Medium-sized professional firms as well as one-person independents appear to suffer most from these disruptions and are most anxious to find new ways to conduct their business. But the leaders of large firms also feel that they are increasingly unable to support the innovative entrepreneurship of their most promising professionals while their organizations institutionalize and their overheads continue to grow. This book proposes a new orientation and model of a professional service firm as an answer to these challenges, by creating a Professional Service Community. It is a synergistic team of organizations that share a vision of their role in society and main lines of their mission as well as the quality of their deliverables and their key clients. At the same time, they are independent in designing their internal business models - like recruitment, training, knowledge management, and economics. The Professional Service Community provides a unique and highly attractive level of entrepreneurship, flexibility, and efficiency to the benefit of its clients, partners, staff, and other stakeholders. It is the way of the future.
This book seeks to define a contemporary disability human rights approach for the field of employment. Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, it identifies four main requirements as characterising the contemporary disability human rights approach on the labour market: - substantive equality founded on inclusive general structures, - a definition of disability which recognises that disability results from the interaction between impairment and social structures and that all persons may at one time or another of their lives be disabled, - involvement of organisations of disabled persons in law and policy-making, and - a rights-based approach. It examines Danish and Swedish employment law and policy as well as their compliance with contemporary disability human rights. In addition, EU law and policy in the field of disability employment law and policy are examined in relation to the contemporary disability human rights approach. The analysis and comparison of Danish and Swedish law and policy, which is done on the basis both of legal sources and statistical information on the use and effects of different laws and policies, concentrates on four different areas of employment law and policy: disability equality, employers' obligations towards employees with disabilities and / or reduced working capacity, employment promotion for unemployed persons with disabilities and income-replacement for persons with disabilities outside the labour market. The comparison shows that the main difference between Danish and Swedish disability employment law lies in level of employers' obligations under employment protection law and health and safety law. It is argued that this difference leads to more inclusive general structures on the labour market in Sweden and constitutes the main explanation for the extreme difference in employment rates for persons with disabilities and reduced working capacity in Denmark and Sweden.
Here is an essential introductory guide on all aspects of law librarianship written especially for non-law librarians, library school students, and beginning law librarians. Although there are several excellent practical handbooks and numerous articles on specific topics of law librarianship for practicing law librarians, Basics of Law Librarianship is the only resource that addresses the information needs of the student or new law librarian. Author Deborah Panella, managing librarian of a large, prominent New York law firm, explores the major areas of law librarianship. She covers vital topics such as the legal clientele, collection development, research tools, technical services, impact of technology, and management issues, and describes what makes law libraries different from other special libraries. She has written a clear, readable volume without excessive detail or the use of special terminology. The bibliography of law library literature and the index add enormously to the book's value as a major reference.
Study examines the nature of federal government by picturing its workings as a process in which the diversified elements that compose a federal state integrate and compromise their differences, rather than as a set of institutions and procedures whose operation is wholly determined by the legal norms and structures.
Outeur en historikus Karel Schoeman skets in hierdie werk 'n lewende beeld van Susanna Smit: nie net van haar persoonlike wedervarings nie, maar ook die agtergrond waarteen haar lewe afgespeel het: die onrustige tyd aan die Oosgrens, Susanna se verbintenis met Bethelsdorp en die vroee werksaamhede van die Londense Sendinggenootskap, die Groot Trek en die opkoms en ondergang van die Republiek Natalia. Susanna Smit was die suster van die Trekkerleier Gert Maritz en die vrou van die Trekkerpredikant Erasmus Smit. Dit is aan haar dat die kreet "Liewer barrevoets oor die Drakensberge ..." (teen die Britse oorname van Natal) toegeskryf word. Susanna Smit was ook die skrywer van 'n omvangryke dagboek wat in sy behoue vorm die jare 1843-1851 dek en hoofsaaklik haar geestelike belewenisse vasle.
The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013. As it approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonisation of European family law. It is of interest beyond the borders of France and Germany because other Member States of the European Union can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals but also to French or German couples living abroad or foreign couples living in France or Germany. To make the Franco-German treaty more accessible to the lawyer in Europe, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included. With an introduction by Professor Maria Giovanna Cubeddu Wiedemann (University of Trieste) and Professor Dr. Dr. h.c. mult. Dieter Henrich (University of Regensburg) and translations by Professor Marella Magris (University of Trieste) and Professor Helena Lozano (University of Trieste).
In a unique exploration of how corporations appropriate the rights and identities of people, Richard Hardack unearths the unexpected consequences of corporate America’s quest to dominate every aspect of our culture. Not only do corporations govern our economy, but corporate personas define our identities and shape our relationships with people and the world around us. In a timely and wide-ranging study, Hardack recontextualizes the inordinate influence of corporations and corporate advertising as a legal, political, psychological, and sociological phenomenon. He connects a surprising array of topics, including advertising, pop culture, representations of nature, science fiction, legal history, the history of colonization and slavery, and the longing to transcend individuality, to show how the principles of corporate personhood—the idea that corporation are people—allow corporations to impersonate and displace actual people. Throughout, Hardack also provides a novel reassessment of the pernicious role and effect of advertising in our daily lives. The book makes accessible a complex topic and integrates many pressing issues in the U.S., including the privatization of the public sphere; the escalating polarization of wealth and rights; unchecked corporate power, influence and monopoly; and the descent of political debate and policy into the language of advertising, branding, and entertainment. Hardack treats the assumptions that foster corporate personhood as both cause and effect, driver and symptom, of a series of transformations in U.S. society. Awakened to this foundational way corporations infiltrate most human activities and interactions, readers can better understand and safeguard themselves against systemic changes to the American economy, culture, and politics.
Trade secrets are valuable. Executives know that, but do they also know how easily they can be stolen? Marketing expert Michael Budden thinks not. The departure of unhappy employees, sabotage by current employees, or simply the carelessness of managers unmindful of the risks or unaware of the protection available to them can be hazardous to the security of essential corporate information. Now, however, there is the Uniform Trade Secrets Act. Prevalent in most states with enactment in others almost certain, the Act offers the protection executives need providing they have taken reasonable steps on their own before seeking redress under its provisions. In this readable text, Budden explains the law, how it works, and what executives must do to avail themselves of it. He includes revealing case studies for further guidance and to aid executives in their corporate strategic planning. An essential resource for people with management responsibilities in almost all organizations, and a useful quick refresher for their legal advisers. Losses to organizations through trade secret misappropriations cost billions of dollars annually. No industry is immune. Trade secrets take many forms; recipes, formulas, customer lists, market research results, proprietary processes, and product development secrets are a few examples. Under the Uniform Trade Secrets Act, however, companies that have created plans and procedures to guard against such losses before they occur can now seek injunctive relief and collect monetary awards for damages. Dr. Budden introduces readers to the Act and the jurisdictions that have adopted it, and then explains what executives must do to create the necessary precondition of establishing a climate of confidentiality, including the use of non-compete covenants, and nondisclosure and noncompetition contracts. He goes on to lay out the sort of information that must be protected and how to appraise its value and the nature of its secrecy. Following up with advice on developing a plan of action to protect trade secrets, he concludes with a thoughtful discussion of the legal avenues and alternatives that executives can take and an outline of all the trade secrets protections the Act makes available.
Cramer's work examines the motivations and legislative history behind the nation's first laws regulating the carrying of concealed deadly weapons and establishes a previously unexplored link between these laws and efforts to suppress dueling in the southern back country. Earlier attempts to analyze these laws focused upon efforts to maintain slavery by severely restricting the rights of free blacks: if free blacks could not possess arms and lacked other basic rights, slaves would be less inclined to seek their freedom. Cramer rejects such thinking by demonstrating that the concealed weapon laws of the early republic were "not" racially-motivated. He further supports the work of other scholars who have lately examined the role of Scots-Irish immigrants in creating a distinctive southern back-country culture of honor violence including dueling and brawling. It was the attempt to control such violence, Cramer argues, that led to the concealed weapons laws. Thus, rather than considering gun control laws primarily as legal or constitutional history, this study starts from a cultural and historical viewpoint. Southern state legislatures sought to improve the morals of their back-country population through increasingly severe punishments for dueling. When judges and juries regularly refused to convict duelists, these legislatures created extrajudicial punishments by requiring elected and appointed officials, as well as lawyers, to swear oaths of non-participation in dueling. Young men, obsessed with honor and reluctant to perjure themselves for fear of damaging their public reputation, soon took to carrying Bowie knives and handguns with which to kill those who insulted them--a perfectly honorable action to much of the population. The state legislatures then severely regulated carrying of concealed deadly weapons in the hope of suppressing the bloody results of what had been, until then, an accepted practice.
The Northwest Territory (now the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin), under the Ordinance of 1787, was a free jurisdiction. Yet, all of the states of the territory, except Wisconsin, adopted Black Laws, legislation designed to subjugate African Americans. For the first time, this book brings together the Black Laws of the Old Northwest. The documents in the volume include statutes, legislative reports and resolutions, and petitions and memorials produced by the state legislatures, government agencies, or concerned citizens. Together, the documents provide a history of racial discrimination in this free territory. After a brief prologue, Stephen Middleton organizes the documents by state. Within each state, the documents are arranged into sets on specific topics such as immigration laws, welfare and public education laws, and jury and testimony laws. Although in general the editor lets the documents speak for themselves, he introduces each set of documents with commentary pointing to the themes in the documents. The volume will be a valuable resource for both students and scholars concerned with African-American history.
This work is divided into two parts: a description of the founding and operation of the Law School at New York University, and selected original documents of Benjamin F.Butler. The history of the formation of this law school is not well known, and provides a wealth of information about the aspirations and problems of forming a law school in the ante-bellum period. The Butler documents were selected from more than 2,500 surviving papers and letters, and provide a deeper understanding of legal education and the profession of law in Jacksonian America.
"Silenced Angels: The Medical, Legal and Social Aspects of Shaken Baby Syndrome" delves into the realms of child abuse that has never been explored before in such detail. The book examines how the physical assault of violent shaking on a young body can lead to a lifetime of despair or even death. Every important detail of this tragic form of child abuse is analyzed, providing the reader a more definitive understanding of the condition known as SBS. This is the first book written exclusively about SBS, which is 100% preventable. SBS cases can be frequently misdiagnosed and are more frequently under-investigated and poorly prosecuted, leading to a sense of injustice among families and child abuse prevention advocates. The author breaks through the barriers of miscomprehension, misdiagnosis, and misrepresentation that typically lead to further tragedy and injustice in SBS-related cases. Advocates for child abuse prevention will gain greater information about SBS to further their cause of establishing hospital and community-based prevention and education programs. Parents and family members of SBS victims will find this book indispensable when seeking medical and legal assistance with their cases.
Unlocking Contract Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Contract Law for those students coming to it for the first time. Clearly presented and packed with features to support learning, this edition has been updated to include discussion of recent changes and developments within the module, such as the Consumer Rights Act and the growing focus on consumer protection within contract law and the influence of technology on contact, including email signatures and online transactions. The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, and contains diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.
For more than 20 years, the Cali cartel saturated U.S. streets with cocaine, ruining neighborhoods and lives while reaping millions in cash. Efforts to combat the influx of drugs from Colombia were often stymied by the careful organization and execution of the drug trade. Through the use of bribery, terrorist structures, and legitimate business practices, the cartel rose to become a serious threat to Colombian society's fragile stability, while providing over 70% of the world's cocaine to various markets. It took more than two decades and a global effort, spearheaded by U.S. law enforcement, to topple this notorious criminal organization. The rise and fall of one of Colombia's most notorious drug cartels is a story of how organized crime can function at the most sophisticated levels, yet still be taken down by the very forces it seeks to evade. This book vividly examines the Cali Cartel, providing unique insight into the history of international trafficking, organized crime, and U.S. drug policy. Relying on first hand accounts, interviews, and DEA records, Chepesiuk brings the story to life, illustrating how drug traffickers operate and why they are so difficult to stop. In detailing law enforcement's biggest takedown, this book describes how such transnational criminal organizations must be dismantled, and why drug trafficking continues to be an important problem in the United States. The fall of the cartel also provides lessons for law enforcement efforts to combat terrorists and other formidable criminal organizations.
This book is a major stocktaking of law and economics in the context of developing and emerging economies, and in the light of the dramatic changes in the global economy that we have witnessed in recent years. The rise of artificial intelligence, digital technology, and mega platforms that collect data and facilitate trade is changing the landscape of economics. Rapid globalization has created new challenges for law and regulation, since increasingly contentious cases arise which span multiple countries and several legal jurisdictions. All these changes are giving rise to new problems in developing countries where many people lead precarious lives anyway, healthcare is minimal, and corruption widespread. Alongside these global developments, the discipline of law and economics is also undergoing profound changes, making us re-think some of the founding assumptions of the subject.
During apartheid, Jurgen Schadeberg worked for the leading black publications of the time. This way he had access to the likes of a young activists, like the lawyer, named Nelson Mandela. Iconic pictures of many future South African leaders followed.Judge Albie Sachs, an ANC operative who lost an arm in an attack by the security police, says of this collection: Jurgen Schadeberg wrenches moments and people right out of time, place and mood, so that we can engage with them here and now, as we are, at the instant of looking. We gasp and feel a frisson of delight at each picture. Was it really like that? Look at the faces as they were then, the hairstyles, the clothes people wore, the way they looked at each other. What is still the same, what has changed? There is the honesty of values, the dignified and respectful treatment of the subject matter and especially the people who might be involved. In this respect Jurgen s photographs are extraordinarily sensitive. "
Offender profiling is mainly used by the police to narrow down suspects in cases where no physical evidence was left at a crime scene. Recently, however, this technique has been introduced into the courtroom as evidence, raising questions of its reliability, validity, and admissibility at trial. Because offender profiling was not originally intended to be used in the courtroom, its entrance there has caused both confusion and controversy. "Offender Profiling in the Courtroom" discusses the use of profiling evidence in criminal trials. Ebisike also covers the history, development, approaches to, and the legal aspects of this crime investigation technique. Several serial crime cases where investigators used offender profiling during the criminal proceedings are discussed, including the case of the New York Mad Bomber, George Metesky, who caused thirty-two bomb explosions in New York City between 1940 and 1956, and the case of Albert DeSalvo, known as the Boston Strangler, who carried out several sexually motivated murders in Boston, Massachusetts between 1962 and 1964. Ebisike demystifies offender profiling and raises awareness about the successes and the pitfalls of the process and its use at trial. Offender profiling is a crime investigation technique where information gathered from the crime scene, witnesses, victims (if alive), autopsy reports, and information about an offender's behavior is used to draw up a profile of the sort of person likely to commit such crime. Offender profiling does not point to a specific offender. It is based, instead, on the probability that someone with certain characteristics is likely to have committed a certain type of crime. In spite of the ever-increasing media interest in the use of offender profiling in criminal trials, this technique is still not well understood by many people, including judges, lawyers, and jurors, who weigh such evidence at trial. Some people see offender profiling as a tried and true method of identifying suspects, and others simply see it as a fiction. Here, the author helps readers understand the true nature of offender profiling and the danger of its admission into criminal cases as evidence.
A concise, well-written examination by a lawyer-historian of the judicial restraint philosophies of President Truman's four appointees to the Supreme Court: Harold Burton, Fred Vinson, Tom Clark, and Sherman Minton. Rudko's analysis of the four men's opinions in criminal procedure, loyalty-security, racial discrimination, and alien rights cases show that Truman was far more successful than most presidents in choosing justices whose view of the judicial role matched his own. Choice Much of the debate surrounding the Supreme Court can be traced to the notion that the Court is primarily a political rather than a judicial institution. When the Court is viewed from an ideological standpoint, it becomes tempting, for example, to equate judicial restraint with conservatism, and activism with a liberal political perspective. In her study of the Truman Court, Rudko demonstrates the fallacy of the political approach. Focusing of the record of President Truman's four liberal appointees, she looks at the judicial philosophy underlying important decisions involving the rights of individuals and shows how judicial issues--especially the balance between restraint and activism--have determined the decision-making process.
This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It offers new perspectives on political relationships, politics, legal reform, law and the family, race relations and gender issues.
This book examines significant clashes in First and Fourteenth Amendment issues in America. Any course in America that studies constitutional issues may benefit from focusing on a variety of issues raised in this book, including child torture and access to mandatory reporters, placing children into adoptive homes, prayer in public schools, religious tax exemptions, roadside memorials, military draft exemptions, access to contraceptive and family planning services, regulation of broadcast media, business exercises of religious freedom, issues in immigration detention, tribal sovereignty, and issues of political correctness and conspiracy theories. Whether you are studying these particular issues, reading the book in a legal studies course, or teaching a course in the First and/or Fourteenth Amendments, this book offers a way to dig into some of the most pressing issues in clashes between the rights as they are defined and negotiated in contemporary American life. The stakes are high as we navigate these clashes in doing the tough labor of democracy, both now and into the future. |
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