This book critically challenges the usual territorial understanding of borders by examining the often messy internal, transborder, ambiguous, and in-between spaces that co-exist with traditional borders. By considering those less visible aspects of borders, the book develops an inclusive understanding of how contemporary borders are structured and how they influence human identity, mobility, and belonging. The introduction and conclusion provide theoretical and contextual framing, while chapters explore topics of global labor and refugees, unrecognized states, ethnic networks, cyberspace, transboundary resource conflicts, and indigenous and religious spaces that rarely register on conventional maps or commonplace understandings of territory. In the end, the volume demonstrates that, despite being "invisible" on most maps, these borders have a very real, material, and tangible presence and consequences for those people who live within, alongside, and across them.

Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Boeckenfoerde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Boeckenfoerde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

Diana Beck beschäftigt sich mit Qualifikationskonflikten, die sich durch Auslegung und Anwendung der Doppelbesteuerungsabkommen ergeben. Die Autorin systematisiert diese Qualifikationskonflikte und zeigt die Folgen auf, welche sich in einer nicht verhinderten Doppelbesteuerung oder in einer Minderbesteuerung konkretisieren. Schließlich entwickelt sie Lösungsvorschläge, um diesen Besteuerungsfolgen entgegenzuwirken.

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.

In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech� have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.

Written by an eminent and original thinker in the philosophy of science, this book takes a fresh, unorthodox look at the key philosophical concepts and assumptions of the social sciences. Mario Bunge contends that social scientists (anthropologists, sociologists, political scientists, economists, and historians) ought not to leave philosophy to philosophers, who have little expertise in or knowledge of the social sciences. Bunge urges social scientists to engage in serious philosophizing and philosophers to participate in social research. The two fields are interrelated, he says, and important advances in each can supply tools for solving problems in the other. Bunge analyzes concepts that the fields of philosophy and social science share, such as fact, cause, and value. He discusses assumptions and misassumptions involved in such current approaches as idealism, materialism, and subjectivism, and finds that none of the best-known philosophies helps to advance or even understand social science. In a highly critical appraisal of rational choice theories, Bunge insists that these models provide no solid substantive theory of society, nor do they help guide rational action. He offers ten criteria by which to evaluate philosophies of social science and proposes novel solutions to social science's methodological and philosophical problems. He argues forcefully that a particular union of rationalism, realism, and systemism is the logical and viable philosophical stance for social science practitioners.

This volume of Research in Law and Economics contains articles that address important legal and economic developments in the areas of healthcare, intellectual property and labor settlements, competitive effects, cartel overcharges, and the U.S. Federal Trade Commission ("FTC"). Four of the articles were initially presented at a conference on healthcare competition in Washington, D.C., which was sponsored by the American Antitrust Institute, this journal, and Navigant Economics. These articles explore practices that are under challenge in pharmaceuticals, where the Federal Trade Commission has been extremely active, as well as issues involving hospital and health insurance mergers. They are followed by a long and detailed discussion of the current and historic role of economists and economic analysis at the Federal Trade Commission. The next two articles analyze different aspects of the French economy, pre-trial labor settlements and the impact of e-commerce on franchisees. The volume ends with three technical economics articles - one on "upward pricing pressure", one on estimating price increases in cartel cases, and one critiquing a "meta-analysis" of research on the effectiveness of U.S. merger regulation. Taken together, these articles raise questions about appropriate competition policy, how to evaluate settlements and other firm behavior, and where economics and competition policy are headed.

As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.

This book deals with the conception of literary obscenity as found in law and practice and its cultural and social effects. The author's primary concern is the restraint which this conception exercises on serious literature and consequently on intellectual freedom and artistic creation.

The contributors to this book investigate migration governance in Asia through a multilevel analysis, addressing its local, national and regional dimensions as well as placing it in the wider context of global migration governance. Core case studies include migration to and within Japan, the migration of Burmese and Tibetan refugees to India, and the Rohingya crisis in Myanmar. Evaluating the rules, norms and processes put in place by state and non-state actors to cope with international migration, the contributors focus especially on migration flows and the extent to which Asian cases are distinct from those elsewhere. This includes comparative cases from Europe and the United States to provide a comparative context for the analysis of Asia. A valuable resource for students and scholars of migration studies, especially those with a particular interest in Asia.

This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty� signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

Migration has emerged as an important issue in contemporary global politics and in the discourse around human development. This book highlights the role of migration in socioeconomic development and its interdependence with urbanization, employment, labour and industry. This volume identifies the challenges which migration and the subsequent dynamism in population and spatial parameters pose to land-use patterns, ecology, social politics and international relations. Through a study of migration patterns and trends in different parts of India, this collection analyzes the relationship of migration with social and occupational mobility, poverty and wealth indices, inequality, distribution of resources and demographic change. It also explores policy measures and frameworks which can bring migration into the fold of national development strategies. Timely and comprehensive, the book underscores the importance of migration and urbanization, sustainability and inclusivity to economic growth and development. It will be an essential read for scholars and researchers of migration studies, political studies, sociology, urban studies, development studies and political sociology.

One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law. Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of judicial jurisdiction. This work explores the relationship between the two, without drawing on the covert ideological premises of legal liberalism.

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. "

This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union’s reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.

A comprehensive socio-legal evaluation of the 2000 statutory recognition procedure over ten years of its operation, in the context of UK labour law, changing work relationships, the dissipation of collective bargaining and union membership decline. The authors of this volume consider how far it has provided a template for the incursion of the law into industrial relations, with voluntarism no longer a dominant model in UK industrial relations, and how far it has encouraged a more limited form of joint regulation. They also reflect on how the procedure has shaped union strategies and on whether it creates the conditions for worker mobilisation. The central trend has been the decline in applications and whilst the design and operation of the procedure may discourage unions from submitting claims and permit employers to undermine the process, its impact is also influenced by union capacity to generate cases, something defined by wider economic, social and political relationships.

The purpose of this title is to identify nutritional needs and to gather data universally acknowledged as being relevant and beneficial for a species. Experience gained in the field of animal nutrition and management over many years has been recorded. This title will provide the reader with a knowledge of suitable feed ingredients produced economically, and blended in the most efficient manner.

Edward Snowden, Julian Assange, and Chelsea Manning are key figures in the struggles playing out in our democracies over internet use, state secrets, and mass surveillance in the age of terror. When not decried as traitors, they are seen as whistle-blowers whose crucial revelations are meant to denounce a problem or correct an injustice. Yet, for Geoffroy de Lagasnerie, they are much more than that. Snowden, Assange, and Manning are exemplars who have reinvented an art of revolt. Consciously or not, they have inaugurated a new form of political action and a new identity for the political subject. Anonymity as practiced by WikiLeaks and the flight and requests for asylum of Snowden and Assange break with traditional forms of democratic protest. Yet we can hardly dismiss them as acts of cowardice. Rather, as Lagasnerie suggests, such solitary choices challenge us to question classic modes of collective action, calling old conceptions of the state and citizenship into question and inviting us to reformulate the language of critical philosophy. In the process, he pays homage to the actions and lives of these three figures.

In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters.

Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.

Star and executive producer of the hit TV show Bar Rescue and New York Times bestselling author of Don't Bullsh*t Yourself, Jon Taffer reveals the transformational power of conflict, sharing his toolkit for arguing smarter—at home, at work, and in life. Most people try their best to avoid conflict. Bar Rescue host Jon Taffer understands that. Conflict can have negative results. It’s easy to think that the key to a happy workplace or marriage is to avoid conflict. In reality, that’s not the case—the key is to argue smarter. Enter the Toolkit for Getting Conflict Right. Taffer’s approach is focused on deliberate conflict—otherwise known as “conflict with a purpose.� There are selective and strategic ways to have difficult conversations, and when doing so, to stay aware of your objectives rather than escalating tension unnecessarily. As Taffer explains, “The key is to act affirmatively, constructively, and productively.� Eliminating conflict isn’t always the answer; inevitably there will be times when it will arise. Engaging in conflict can be a way to clear the air, and get to the bottom of issues that, once resolved, can strengthen friendships, ease tensions at work, and address problems before they have a chance to bubble over. With easy-to-follow advice that shows how to best engage in constructive discourse to get the results you want, The Power of Conflict provides you with the rules to argue smarter, uphold your values, and keep the conversation real. The step-by-step guide starts with the inception of the conflict and carries through the difficult conversation’s conclusion, arming readers with the skills and confidence to fight for their principles.