Why are migration policies sometimes heavily contested and high on the political agenda? And why do they, at other moments and in other countries, hardly lead to much public debate? The entrance and settlement of migrants in Western Europe has prompted various political reactions. In some countries anti-immigration parties have gained substantial public support while in others migration policies have been hardly controversial. The Politicisation of Migration examines the differences between seven Western European countries by developing a conceptual framework to empirically explain patterns of politicisation and de-politicisation. The analyses show that over the past decade immigration has been increasingly defined in socio-cultural terms and that it has been receiving less political attention since the economic crisis started in 2007. This book also looks at the role of mainstream parties and political actors in the process of politicisation, and demonstrates how the role of 'challengers' is more limited than often assumed. Contributing to literatures on migration, party politics and agenda-setting, the book will be of interest to students and scholars in the fields of politics and migration studies.

Great Fractured Moments in Courtroom History
Illustrated by Lee Lorenz

In America's courtooms, the verdict is laughter.

Sit back and enjoy a collection of verbatim exchanges from the halls of justice, where defendants and plaintiffs, lawyers and witnesses, juries and judges, collide to produce memorably insane comedy.

The Court: "The charge here is theft of frozen chickens. Are you the defendant, sir?"

Defendant: "No, sir, I'm the guy who stole the chickens."

Although personal injury law has been much criticized--by legal groups, insurers, health care providers, the business community, legislators, victims, and others--no concrete legal reforms have been enacted that would create a more equitable compensation system for accident victims of all sorts. In this volume, Sugarman offers both a penetrating critique of current personal injury law and a pioneering proposal for new compensation arrangements and new mechanisms for controlling unreasonably dangerous conduct. Sugarman argues persuasively that personal injury law as it is currently constructed generates more perverse behavior than desired safety, that it is an intolerably expensive and unfair system of compensating victims, and that in practice it fails to serve any commonsense notion of justice. His solution is the abolition of personal injury law and the institution of reforms based on social insurance and employee benefits.

Sugarman begins by examining the justifications advanced in support of existing personal injury law, demonstrating that these goals are either unachieved or inefficiently pursued. He argues that current tort law discourages business innovation, undermines our health care system, diverts the time and attention of engineers, executives, and others from their main tasks, leaves many victims uncompensated while allowing others inappropriate punitive damages, artificially inflates insurance costs, and more. In the second section, Sugarman criticizes already proposed reforms, arguing that they do not go nearly far enough to address the serious short falls of the current system. Finally, Sugarman delineates his own three-part reform proposal: eliminate tort remedies for accidental injuries; build on existing social insurance and employee benefit plans to assure generous, yet fair compensation to all accident victims; and build on existing regulatory schemes to promote accident avoidance and to provide effective outlets for public complaints. Practicing attorneys, lobbyists, policymakers and business, consumer, and insurance leaders will find "Doing Away with Personal Injury LaW" a provocative contribution to the continuing debate on the best means of reforming the victim compensation system.

These updated editions of classic plays feature new cover art along with the complete text of each work, full explanatory notes, scene-by-scene plot summaries, a key to famous lines and phrases, and illustrations from the Folger Shakespeare Library's vast holdings of rare books. Reissue. (Plays/Drama)

A few lawsuits have changed the entire shape of the computer industry as nearly every aspect of computers has come under litigation. These courtroom battles have confused not only computer and legal amateurs, but lawyers, juries, and judges too. The result has been illogical legal opinions, reversals on appeal, and an environment in which the outcome of key legal battles is not only unpredictable but could change the industry's direction yet again. Graham surveys the past and shows how it points to the future. He illustrates how the absence of statutes specifically protecting software has frequently forced courts to simultaneously create and apply the law. Graham covers the whole spectrum of computer hardware and software, addressing the litigation that affected each part of the product chain. In 23 chapters he cuts through the legalese while still offering enough substance to introduce lawyers unfamiliar with intellectual property law to the evolving legal landscape of this dynamic and contentious industry. No prior legal background is required to understand GrahaM's presentation, however. The result is a comprehensive and fascinating study of this newest of new century industries, and a book that will guide --and caution -- anyone now in it or who expects to be a part of it tomorrow.

Graham shows how the course of litigation in the computer industry has substantially paralleled the growth of the industry itself. Yet, while computer law has been an active field, it is also an unpredictable one. The law governing computers was particularly sketchy prior to 1976, Graham explains, when it was unclear whether programmers had any legal rights to the software they developed. In l976 Congress modified the statutes to specify that software was indeed eligible but unfortunately offered little guidance to the courts on how to apply copyright laws to software. With each lawsuit the courts added to the sketchy foundation of copyright laws, developing the law as they went along. Graham shows that because the courts have so often made the law as they applied it, many computer-related lawsuits had an especially profound impact on the industry. By outlining this history of the development of computer law and its effect on the computer industry, Graham provides a broad outline of the state of computer law today, and a fascinating look at the industry itself.

In 2009 the US House of Representatives passed legislation requiring reductions in greenhouse gas emissions by 18 percent over the coming decade. Later that year, President Obama went to Copenhagen to sign a treaty requiring reductions by 50 percent over a two-decade period. The President came back with nothing: no firm commitment to reduce emissions and only a vague target to hold global temperature rises to under 2 C. How does a President who has a 75-vote majority in the House and a 19-vote majority in the Senate who has pre-approval for a treaty reducing greenhouse gas production by 18 percent not achieve a treaty with at least the minimum goal of 18 percent reductions by 2020?Others have answered the puzzle by looking at institutional designs or negotiation dynamics. This book articulates a multilevel process that starts with local politics to explain how they can influence international negotiations and why President Obama s efforts in Copenhagen were doomed to fail. Understanding the role of local private interests can help form strategies for overcoming national resistance to climate change legislation and ultimately international agreements that could change the environmentally self-destructive course we are on."

The Microfoundations of Diaspora Politics examines the various actors within and beyond the state that participate in the design and implementation of diaspora policies, as well as the mechanisms through which diasporas are constructed by governments, political parties, diaspora entrepreneurs, or international organisations. Extant theories are often hard-pressed to capture the empirical variation and often end up identifying 'exceptions'. The multidisciplinary group of contributors in this book theorise these 'exceptions' through three interrelated conceptual moves: first, by focusing on understudied aspects of the relationships between states as well as organised non-state actors and their citizens or co-ethnics abroad (or at home - in cases of return migration). Second, by examining dyads of 'origin' states and specific diasporic communities differentiated by time of emigration, place of residence, socio-economic status, migratory status, generation, or skills. Third, by considering migration in its multiple spatial and temporal phases (emigration, immigration, transit, return) and how they intersect to constitute diasporic identities and policies. These conceptual moves facilitate comparative research and help scholars identify the mechanisms connecting structural variables with specific policies by states (and other actors) as well as responses by the relevant diasporic communities. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

This book elucidates the link between the politics of a now seemingly permanent crisis in Europe and the politicisation of European integration. Looking at the epistemic dimension of crises, it suggests that the way in which a crisis is framed and contested determines its potential impact on the level of politicisation of European integration. Europe is more challenged and contested today than it has even been, facing crisis of an almost existential kind. Yet, political crises are manufactured and narrated, so Europe has the possibility to intervene and 'bring about her recovery', instead of letting these crises prove terminal. This book explores the political process in and through which certain events come to be framed as constitutive of a moment that requires a decisive intervention. It shows that crises require a double framing: a situation needs to be identified as one of crisis in the first place and, subsequently, the nature and character of the crisis need to be specified. By examining a wide range of policy areas, the book demonstrates that framing of crises, i.e., identifying one situation both as a crisis and a crisis of a particular kind, contributes to the politicisation (or depoliticisation) of the process of European integration. The chapters in this book were originally published as special issue of Journal of European Integration.

Updated to include the 2007 decision Gonzales v. Carhart, this volume provides all of the major Supreme Court decisions on abortion--as well as many majority, dissenting, and plurality opinions--carefully edited for use in undergraduate and graduate courses in a variety of disciplines. In his introductory essay, Shapiro sets these cases in political, historical, and philosophical context, and gives the reader a sense of what the main issues in the constitutional law of abortion are likely to be in the future.

Long-time art critic Richard Dorment reveals the corruption and lies of the art world, and its mystifying authentication process Late one afternoon in the winter of 2003 art critic Richard Dorment answered a telephone call from a stranger. The caller was Joe Simon, an American film producer and art collector. He was ringing at the suggestion of David Hockney, his neighbour in Malibu. A committee of experts called the Andy Warhol Art Authentication Board had declared the two Warhols in his collection to be fake. He wanted to know why and thought Dorment could help. This call would mark the beginning of an extraordinary story that would play out over the next ten years and would involve a cast of characters straight out of fiction. From rock icons and film stars; art dealers and art forgers; to a murdered Russian oligarch and a lawyer for the mob; from courtrooms to auction houses: all took part in a bitter struggle to prove the authenticity of a series of paintings by the most famous American artist of the 20th century. Part detective story, part art history, part memoir, part courtroom drama, Warhol After Warhol is a spellbinding account of the dark connection between money, power and art.

A gripping work of narrative nonfiction, told across time, that exposes what’s at stake when prosecutors conceal evidence—and what we can do about it The Brady rule was meant to transform the U.S. justice system. In soaring language, the Supreme Court decreed in 1963 that prosecutors must share favorable evidence with the defense—part of a suite of decisions of that reform-minded era designed to promote fairness for those accused of crimes. But reality intervened. The opinion faced many challenges, ranging from poor legal reasoning and shaky precedent to its clashes with the very foundations of the American criminal legal system and some of its most powerful enforcers: prosecutors. In this beautifully wrought work of narrative nonfiction, Thomas L. Dybdahl illustrates the promise and shortcomings of the Brady rule through deft storytelling and attention to crucial cases, including the infamous 1984 murder of Catherine Fuller in Washington, DC. This case led to eight young Black men being sent to prison for life after the prosecutor, afraid of losing the biggest case of his career, hid information that would have proven their innocence. With a seasoned defense lawyer’s unsparing eye for detail, Thomas L. Dybdahl chronicles the evolution of the Brady rule—from its unexpected birth to the series of legal decisions that left it defanged and ineffective. Yet Dybdahl shows us a path forward by highlighting promising reform efforts across the country that offer a blueprint for a legislative revival of Brady’s true spirit.

How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.

These updated editions of classic plays feature new cover art along with the complete text of each work, full explanatory notes, scene-by-scene plot summaries, a key to famous lines and phrases, and illustrations from the Folger Shakespeare Library's vast holdings of rare books. Reissue. (Plays/Drama)

An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, ‘fundamental breach’, etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the ‘requirement for reasonableness’ - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Of the seventy-three cases in the fourth edition of Paul Siegel’s Cases in Communication Law, twenty-eight are new to this edition. Among these are such Supreme Court decisions as Air Wisconsin Airlines Corporation v. Hoeper, which gives those who follow the post-911 instruction, “if you see something, say something!” some special protection from libel suits; Brown v. Entertainment Merchants Association, which explicitly gives maximal First Amendment protection to violent video games, even when sold to minors; U.S. v. Alvarez, which prohibits prosecution for falsely claiming one has been awarded a Medal of Honor; and Snyder v. Phelps, which gave notorious minister Fred Phelps the right to mount demonstrations with rather nasty messages at funerals. Siegel has used several criteria to select cases for inclusion in this and previous editions. He admits unabashedly that one of those criteria is the cultural significance, familiarity, and even celebrity of the controversies or the litigants. Just to cite a few examples, this edition includes cases involving such litigants as Michael Moore, Penn & Teller, Joan Rivers, and Madonna, as well as TV programs like Family Guy, CSI, Law and Order, and featured movies include Disturbia, American Gangster, American Beauty, and The Hangover, Part II.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

Do you want to do well in Law from day one? Law is a challenging and competitive subject to study at university. You need to become familiar with its peculiar language and complicated practices as quickly as possible if you want to do well. Drawing on the experiences of hundreds of students, Studying Law at University demystifies your law course. With reliable tips and practical suggestions, it shows you how to: understand key legal concepts; read cases; take useful notes; become an active learner; manage your time; write law essays; sit law exams. Updated to take into account the increasing use of the internet, this second edition of Studying Law at University tells you everything you need to know to get good marks and enjoy your studies.

The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs. Along with a new and original introduction by leading scholars, this essential single volume is an invaluable tool to researchers, academics and entrepreneurs.

Analyzing informal trading practices and smuggling through the case study of Novi Pazar, this book explores how societies cope when governments no longer assume the responsibility for providing welfare to their citizens. How do economic transnational practices shape one's sense of belonging in times of crisis/precarity? Specifically, how does the collapse of the Ottoman Empire - and the subsequent migration of the Muslim Slav population to Turkey - relate to the Yugoslav Succession Wars during the 1990s? Using the case study of Novi Pazar, a town in Serbia that straddles the borders of Montenegro, Serbia and Kosovo that became a smuggling hub during the Yugoslav conflict, the book focuses on that informal market economy as a prism through which to analyze the strengthening of existing relations between the emigre community in Turkey and the local Bosniak population in the Sandzak region. Demonstrating the interactive nature of relations between the state and local and emigre communities, this book will be of interest to scholars and students interested in Southeastern Europe or the Yugoslav Succession Wars of the 1990s, as well as social anthropologists who are working on social relations and deviant behavior.

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

This book engages the intense relationship between citizenship and security in modern politics. It focuses on questions of citizenship in security analysis in order to critically evaluate how political being is and can be constituted in relation to securitising practices.

In light of contemporary issues and events such as human rights regimes, terrorism, identity control, commercialisation of security, diaspora, and border policies, this book addresses a citizenship deficit in security studies. The chapters introduce several key political themes that characterise the interplays between citizenship and security: changes in citizenship regimes, the renewed insecurity of citizenship-state relations, the emerging ways by which the political and national communities are crafted, and the ways democratic societies and regimes react in times of insecurity. Approaching citizenship as both a governmental practice and a resource of political contestation, the book aims to highlight what political challenges and contestations are created in situations where security intensely meets citizenship today.

This book will be of interest to scholars of security studies and security politics, citizenship studies, and international relations.