This coherent collection of previously published and unpublished papers also includes a specially written introduction by Warren Samuels. The book examines some of the fundamental issues in political economy in a non-judgemental and non-ideological way. The political economy is a process of decision making and these papers attempt to identify the deepest levels of conduct of collective choice. These include official and private government, the 'rule of law', the nature of property, rules and markets, deliberative and non-deliberative choice, and the operation of selective perception and of intellectual fraud in politics. After an objective reading of these essays, no reader should look at government, globalization, rule of law, constitutions, and revolution in quite the same way.

This book analyzes how people settle disputes in and outside of Polish courts. The preference for courts against informal settlements increased with the consolidation of the democratic legal state. Still, the compromise settlement remains the cultural ideal. The authors evaluate these circumstances in their extensive study of private disputes in the courts and of different types of individual settlements. They observed that the role of power behind these choices proved to be significant as people in better social positions are more inclined to use the courts and in worse social positions more inclined to deal informally with opponents in power. The ethnic factor surveyed in other former Communist countries is also related to the relative power of the different ethnic groups. The book investigates how institutional, social and cultural factors interact in shaping the dispute settlement patterns.

Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes - with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors' rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders' rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

As far as immigration theory is concerned, the attempt to reconcile concern for all persons with the reality of state boundaries and exclusionary policies has proved difficult within the limits of normative liberal political philosophy. However, the realpolitik of migration in today's environment forces a major paradigm shift. We must move beyond standard debates between those who argue for more open borders and those who argue for more closed borders. This book aims to show that a realistic utopia of political theory of immigration is possible, but argues that to do so we must focus on expanding the boundaries of what are familiar normative positions in political theory. Theorists must better inform themselves of the concrete challenges facing migration policies: statelessness, brain drain, migrant rights, asylum policies, migrant detention practices, climate refugees, etc. We must ask: what is the best we can and ought to wish for in the face of these difficult migration challenges. Blake, Carens, and Cole offer pieces that outline the major normative questions in the political theory of immigration. The positions these scholars outline are challenged by the pieces contributed by Lister, Ottonelli, Torresi, Sager, and Silverman. These latter pieces force the reformulation of the central positions in normative political theory of immigration. This book was originally published as a special issue of Critical Review of International Social and Political Philosophy.

How do states in Western Europe deal with the challenges of migration for citizenship? The legal relationship between a person and a state is becoming increasingly blurred in our mobile, transnational world. This volume deals with the membership dimension of citizenship, specifically the formal rules that states use to attribute citizenship. These nationally-specific rules determine how and under what conditions citizenship is attributed by states to individuals: how one can acquire formal citizenship status, but also how this status can be lost. Migration and Citizenship Attribution observes various trends in citizenship policies since the early 1980s, analysing historical patterns and recent changes across Western Europe as well as examining specific developments in individual countries. Authors explore the equal treatment of women and men with regard to descent-based citizenship attribution, along with the process of convergence between countries with 'ius soli' and 'ius sanguinis' traditions with regard to birthright provisions. They consider how the increasing acceptance of multiple citizenship is reflected in a dual trend to abolish, or at least to moderate, the renunciation of the citizenship of origin as a condition for naturalisation, and also to restrict provisions of loss of citizenship due to voluntary acquisition of a foreign citizenship. Another trend observed and discussed is the introduction by many countries of language tests and integration conditions in the naturalisation procedure, with some countries now concluding the naturalisation process by means of a US-styled citizenship ceremony. Contributors also explore the various things taken into account under state citizenship laws such as statelessness, or membership of the European Union. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

The rise of microcomputers and the power that they've brought have revolutionized nearly every professional discipline, not the least of which is the field of law. This work presents a survey of microcomputers and decision-aiding software in law practices and the legal process, offering a variety of perspectives from contributors around the world. The book defines decision-making software as having the ability to aid in the processing of a set of law-related alternatives, relative criteria, or rules for determining which alternative should or will be chosen and the relationship between each alternative and criterion. These basic ideas are applied to the work of various members of the legal community, including practicing lawyers, legal policy-makers, and legal scholars.

Following a detailed introduction that provides an overview of the nature, trends, and costs/benefits of decision-making software, the book focuses on the different members of the legal community and the normative and predictive questions that microcomputers and software can help to answer. Part One deals with the practicing lawyer, who must decide whether to go to trial or settle out of court, and predicts the outcome of going to trial or the effects of alternative contract clauses. The legal policymaker, who must decide among alternative statutes and predict the effect of legal policy, is addressed in Part Two. Topics of discussion here include the role of computers in federal tax compliance and using computers to assist in sentencing. Part Three examines the legal scholar and law training, covering subjects such as the American legal computer education and using microcomputers in case-method teaching. Finally, Part Four provides analyses that cut across all three parts of the legal profession, with special concentration on legal prescription and prediction that apply to a wide variety of legal fields, countries, and purposes of the law. This volume will be of particular interest to practicing lawyers in government and private practice, law professors and students, and legal researchers and librarians. Public, academic, and law libraries will also find it to be a valuable addition to their collections.

Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.

“’n Voelboek”, noem die bekroonde digter Johan Marais sy vyfde bundel. By die natuurliefhebber roep dit dadelik assosiasies van ’n naslaanboek op. En dan, op die opdragblad, asof die digter sy leser doelbewus met hierdie assosiasie wou mislei, waarsku hy in Walt Whitman se woorde: "You must not […] be too precise or scientific about birds and trees and flowers […]." Die gedigte bly egter gemoeid met die wetenskaplike benadering tot voels, en hierdie spel van teenstelling en gelykmaking word deur die hele bundel voortgesit.

This text brings together eleven important pieces by Merry Wiesner, several of them previously unpublished, on three major areas in the study of women and gender in early modern Germany: religion, law and work. The final chapter, specially written for this volume addresses three fundamental questions: "Did women have a Reformation?"; "What effects did the development of capitalism have on women?"; and "Do the concepts 'Renaissance' and 'Early Modern' apply to women's experience?" The book concludes with an extensive bibliographical essay exploring both English and German scholarship.

Volume 22 of "Studies in Law, Politics and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law, and examines the law's violence, law in literature and film, family life and family policy, and new perspectives in sociolegal theory. Together these articles demonstrate the work being done in interdisciplinary legal scholarship.

This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, labor reeducation camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.

If America's environmental laws and regulations are left unchanged, they will ultimately contribute to the destruction of the human and natural environments. Dunn and Kinney argue that the environmental movement as it now operates is counterproductive; solutions can be found only through rational, non-political efforts based on reality, not ideological propaganda. The authors show what the facts are and how they have been distorted to benefit what are often misguided, self-serving political agendas. For anyone uncertain of the facts and baffled by conflicting viewpoints, "Conservative Environmentalism" will come as fresh air, bringing hope and encouragement that solutions are possible.

The greatest environmental gains in human history have occurred in democratic First World nations over the past century--nations that have not only expanded their natural resources but also improved the human condition. The environmental Left has largely ignored these gains, stressing imperfections and promoting fear through unfounded, unproven theories or deceptions. specious evidence. To solve the problems they see, the Left uses regulations that severely impede technology and efficient productivity--the very things that improve environmental conditions. Rather than supporting the regulation of industrial productivity, Dunn and Kinney argue for its expansion. The authors compare downside and upside effects of environmental actions in both First World and Third World countries and examine the negative effects that U.S. EPA and U.S. AID edits and proscriptions have on development and the environment.

Conceived during the turbulent period of the late 1960s when 'rights talk' was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal-historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present.

Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees' constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

Karolina Ferreira gaan na die Vrystaatste dorp Voorspoed om in die omgewing navorsing oor motte te doen. Op pad laai sy 'n onbekende man op en laat haar handpalm lees deur 'n vrou in 'n karavaan.

When the first edition of this book was published in 1977--to overwhelming critical and popular acclaim--it was the only publication to analyze wildlife law comprehensively as a distinct component of federal environmental law. The second edition, published in 1983, provided a thorough and authoritative update. Since then the intense public interest in wildlife law has been reflected in a tremendous growth in both litigation and new legislation. This, the third edition, thoroughly revises and updates the earlier edition in light of current legal perspectives on the conservation of wildlife and biological diversity.

Two decades after its first publication, this book remains the standard reference for anyone seeking to understand the statutes, regulations, and court decisions governing wildlife law. Like the two that preceded it, the new edition of "The Evolution of National Wildlife LaW" monumental achievement that will serve lawmakers, administrators, educators, conservationists, and scholars for years to come. -- From the Foreword by Bruce Babbitt.

Against the background of the economic dynamics of financial markets, this book examines the EU regulatory and supervisory framework for central counterparties (CCPs) that clear derivative contracts. The book combines a deep technical regulatory analysis of the applicable EU and US rules with a policy-oriented perspective, offering novel insights for both policymakers and practitioners, particularly with respect to CCP market access regimes.Years before the 2008 financial crisis, Wall Street magnate Warren Buffett described derivative contracts as 'financial weapons of mass destruction'. This book analyzes why and howin a bid to discharge the destructive forces that derivatives may entailinternational policy initiatives have converted CCPs for derivatives into the nuclear powerhouses of modern financial markets. Trillions of euros now change hands through these institutions every year. This risk centralization has turned CCPs into powder kegs with the potency to ignite financial and economic crises. Viewed through this lens, regimes for CCP market access constitute a pivotal safety valve for financial stability. In the post-Brexit era, the question of how this safety valve ought to be designed has taken center stage in the political arena but has remained vastly undertheorized.By examining how CCPs serve as risk managers and loss absorbers, under what conditions they can become sources of financial instability, and how the body of literature on the different emanations of systemic risk may be applied to the market for centrally cleared derivatives, this book develops a framework for thinking about the structure of CCP market access regimes. The book then employs this framework to assess the EU rules for CCP market access. The outcome of this exercise suggests that the increasingly inward-looking EU approach towards CCP market access may not promote financial stability.

Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

This book addresses 3 questions: is money a way to create a European Union identity? If so, which type of identity is this? And in what ways is the EU identity changing? The book brings together experts from a variety of backgrounds and academic approaches to analyse the law of money and payments on the one side, and the law of capital and investments on the other. The book is divided into 2 parts. Part I covers scriptural, electronic, and digital money. It analyses the European framework for payment services users, explores limits and challenges of the Banking Union, and looks at the project for a digital euro. Part II investigates the policy and regulatory drivers of the EU's changing identity, from the early modern roots of the European law of money and capital to the regulatory strategy set in the Capital Markets Union and the role conferred on venture capital; from the fintech-based developments of payment systems to the newly-established fiscal and monetary policies in the post-COVID phase. The book will be of interest to researchers, academics and policy makers in the fields of law and regulation, as well as political economy and political sciences.

European Christian Democracy presents a series of essays by leading experts that analyze the importance of Christian Democracy in European politics. This interdisciplinary volume features contributions from American and European historians and political scientists. In this book, scholars explore the historical roots of the European Christian Democratic movement in Catholic social doctrine and political practice, and use Christian Democracy as a means to analyze the relationship between religion and politics, church and state. Essays in this important collection include both case studies and comparative analyses. They offer a comprehensive assessment of Christian Democracy and the key role it played in establishing constitutional government and social policy in western Europe. Contributors: Winfried Becker, Martin Conway, Michael Gehler, Raymond Grew, Wolfram Kaiser, Stathis Kalyvas, Emiel Lamberts, Paul Misner, Maria Mitchell, Antonio Santucci, Carl Strikwerda, Carolyn Warner, and Steven White.

Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

The sixty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 27 January 2014 to30 January 2015. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.