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At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System's normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
In an era of polarization, narrow party majorities, and increasing use of supermajority requirements in the Senate, policy entrepreneurs must find ways to reach across the aisle and build bipartisan coalitions in Congress. One such coalition-building strategy is the "politics of efficiency," or reform that is aimed at eliminating waste from existing policies and programs. After all, reducing inefficiency promises to reduce costs without cutting benefits, which should appeal to members of both political parties, especially given tight budgetary constraints in Washington. "Dust-Up" explores the most recent congressional efforts to reform asbestos litigation -- a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system. Set squarely at the intersection of law, politics, and public policy, "Dust-Up" provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone -- Supreme Court justices, members of Congress, presidents, and experts -- agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.
An invaluable resource, The Metal Stamping Process was written by an expert with over 30 years of practical experience, and it has been used for years as the core reference for what is widely regarded as the premier training program in this industry. With this book you will have immediate access to metalworking formulas, design standards, set up techniques, guidelines for designing and tolerancing parts, material choices, EDM, coatings, lubricants, problems and root causes, tooling tips, machine maintenance and mil standards. Also included is ProQuote, a complete and simple-to-use Excel program for cost estimating. It will help ensure that your calculations are correct and save you time besides. Features The only book in the field to explain the business side of the industry, including "buy/make" decisions. Explains how to do the same operation several different ways, as well as the pros and cons of each way. Provides tooling tips only an insider knows. Focuses on failure avoidance. Contains illustrations that depict actual parts and case studies.
Auf dem Gebiet des Vertragsrechts wird seit langem lebhaft darĂ¼ber diskutiert, inwieweit die zunehmende Beschränkung der Vertragsfreiheit gerechtfertigt ist. FĂ¼r das Deliktsrecht hat sich eine diesbezĂ¼gliche Diskussion erst ansatzweise entwickelt, obwohl sich auch dieser Bereich durch eine zunehmende Beschränkung der Handlungsfreiheit des potentiellen Schädigers auszeichnet. Die bedeutendste Rolle in dem Prozess der zunehmenden Haftungsverschärfung kommt dabei den Verkehrspflichten zu, deren Verhaltensgebote und -verbote heute nahezu alle Lebensbereiche erfassen. Dieser Arbeit liegt deshalb die Frage zugrunde, ob und inwiefern die Handlungsfreiheit des potentiellen Schädigers im ausufernden System der deliktischen Verkehrspflichten ausreichende BerĂ¼cksichtigung findet.
Current research on media and the law has generally been
atheoretical and contradictory. This volume explains why pretrial
publicity is unlikely to affect the outcome of most jury trials,
despite many experimental studies claiming to show the influence of
publicity. It reviews existing literature on the topic and includes
results from the authors' own research in an effort to answer four
questions: Reporting research based on actual trial outcomes rather than on artificial laboratory studies, "Free Press vs. Fair Trials" examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity. This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas.
At a time of rising populism and debate about immigration, legal academic Jo Shaw sets out to review interactions between constitutions and citizenship. With examples from the political and cultural processes of countries’ worldwide, it is an incisive, accessible and urgent read for anyone interested in the boundaries of constitutions and citizenship today.
The Holocene spans the 11,500 years since the end of the last Ice Age and has been a period of major global environmental change. However the rate of change has accelerated during the last hundred years, due largely to human impacts and this has led to a growing concern for the future of our environmental resources. Global Change in the Holocene demonstrates how reconstructing the record of past environmental change can provide us with essential knowledge about how our environment works and presents the reader with an informed viewpoint from which to project realistic future scenarios. The book brings together key techniques that are widely used in Holocene research, such as radiocarbon dating, dendrochronology and sediment analysis and offers a comprehensive analysis of various archives of environmental change including instrumental and documentary records, corals, lake sediments, glaciers and ice cores. This reference is an informative and cutting-edge resource for students of climate change, environmental science, geography, palaeoecology and archaeology.
Die Arbeit behandelt Probleme im Zusammenhang mit Vorkaufsrechten beim Verkauf von Aktienpaketen. Ausgehend von §§ 463-473 BGB werden die zivil- und gesellschaftsrechtlichen Besonderheiten dargestellt. Hierbei wird die Ă¼ber die Verschaffungs- und Abwehrfunktion des Vorkaufsrechts hinausgehende Zwecksetzung der Vorkaufsabrede verdeutlicht. Anwendungsbereich und Umgehungsschutz werden unter Bildung von Fallgruppen erläutert. Diese Studie legt die objektive und subjektive Teilbarkeit bei Verkäufen von Aktienpaketen und einer Mehrheit von Berechtigten und/oder Verpflichteten umfassend dar. Die im Rahmen der Arbeit angesprochenen Konstellationen werden hierbei durch zahlreiche Beispiele aus der Praxis verdeutlicht. Die Ergebnisse der Untersuchung mĂ¼nden in eine Auseinandersetzung mit der Handhabung von Vorkaufsrechten in der praktischen Vertragsgestaltung.
Die Verschmelzung als wirtschaftlich und rechtlich engste Form der Unternehmensverbindung stellt in einer dynamischen Wirtschaft ein nie an Aktualität einbĂ¼ĂŸendes Thema dar. Umfassend und fachĂ¼bergreifend werden neben betriebswirtschaftlichen auch handels- und gesellschaftsrechtliche Aspekte sowie steuerliche Fragestellungen betrachtet. Dabei bildet die Darstellung des Verschmelzungsvorgangs in Handelsbilanzen von Ăœberträgerin und Ăœbernehmerin den Schwerpunkt der Analyse. Das Bewertungswahlrecht zwischen BuchwertverknĂ¼pfung und Anschaffungskostenansatz der Ăœbernehmerin in § 24 UmwG wird ausfĂ¼hrlich fĂ¼r verschiedene Gegenleistungen untersucht. Durch zahlreiche Beispiele, Tabellen und Abbildungen ist das Buch fĂ¼r Wissenschaft und Praxis gleichermaĂŸen geeignet.
Sir William Osler (1849-1919), one of the world's most influential physicians at the turn of the twentieth century, remained popular long after his death largely due to his inspirational texts. Regretfully, changing times and literary tastes have lessened the impact of Osler's addresses despite the timelessness of his ideals and practical advice. Charles Bryan has successfully mended the disfavour in the present volume. Framing the great physician's message in contemporary, easily accessible terms, he allows modern readers to rediscover the immense appeal and pragmatism of Osler's invigorating writings. This volume is based on the author's conviction that Osler was, above all, a motivator. He set high personal goals, achieved them, and inspired others to do the same. Bryan merges what Osler wrote, said, and did with the main themes of today's motivational literature--time management, mentoring, positive thinking, and seeking a balanced life are some examples. He also draws upon the great writers--Shakespeare, Cervantes, Montaigne, Plutarch, and others--whom Osler prescribed as bedside reading for his medical students. Osler emerges as a real-life human being, not a paper saint, but a person who sought the best from his culture and knowledge, and managed to give his best in return. Readers will find this book useful not only as an index to Oslerian thought but also as a guide to principle-based yet pragmatic everyday living.
This book analyses French criminal procedure. It explores issues such as the status of the judge, the changing rights of the defence, and the immunity of the French President, offering valuable comparisons between France and other cultures. This volume aims to present the French system as it is today, in theory and in practice. The contributors represent a wide spectrum of academic, professional and national standpoints and are thus able to discuss the impact of judicial practices on the political and business arenas, in very broad context.
Unfallflucht (§ 142 StGB) ist egoistisch, gemein und gesellschaftsschädigend, aber ist das Verhalten strafbar? Die sogenannten Besonderheiten des StraĂŸenverkehrs scheinen die Notwendigkeit der Strafbarkeit zu legitimieren. Eine genaue und sachliche Untersuchung der - scheinbaren - BegrĂ¼ndung offenbart jedoch deren emotionsbehaftete WidersprĂ¼chlichkeit und Unhaltbarkeit gemessen an elementaren (straf)rechtlichen Prinzipien.
Current research on media and the law has generally been atheoretical and contradictory. This volume explains why pretrial publicity is unlikely to affect the outcome of most jury trials, despite many experimental studies claiming to show the influence of publicity. It reviews existing literature on the topic and includes results from the authors' own research in an effort to answer four questions: *Does pretrial publicity bias the outcome of trials? *If it has an effect, under what conditions does this effect emerge? *What remedies should courts apply in situations where pretrial publicity may have an effect? *How does pretrial publicity relate to broader questions of justice? Reporting research based on actual trial outcomes rather than on artificial laboratory studies, Free Press vs. Fair Trials examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity. This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas.
The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success, Sixth Edition is a comprehensive guide to bringing and defending a claim in the employment tribunal. Using a step-by-step structure, with clear examples and illustrations of the rules and principles, it covers every stage from pre-action procedure and protocols through to conducting the hearing itself, as well as the appeal process. It provides commentary, practical examples and illustrations of rules and principles to place law and procedure in context, alongside precedents and templates for drafting key documents. The Sixth Edition includes coverage of the changes to the tribunal fees structure after the Supreme Court deemed some associate fees unlawful, as well as changes to the rules of procedure and the associated claims process and forms. The Employment Tribunals Handbook offers tactical insights to maximise a litigant’s prospect of success and will help the reader to: - Commence or defend employment tribunal claims - Prepare for and conduct preliminary hearings - Negotiate settlement of claims - Prepare for and conduct the full hearing - Calculate and obtain the appropriate remedy This is an essential title for all those who appear in employment tribunals, including solicitors, barristers, HR professionals, trade union officials and litigants in person.
This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of TA1/4bingen. The contributors include many of the leading authorities in the burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest
"If there is a more urgent and indispensible playwright in world theatre than South Africa's Athol Fugard, I don't know who it could be."-Jack Kroll, "Newsweek" One of the true contemporary masters of the stage, South African playwright Athol Fugard has written one of his most stunning works. "Sorrows and Rejoicings" explores the legacy of Apartheid on two women-one white, the other black-who on the surface seem to have little in common except for their love of one man, a white poet who is attached to the Karoo land of South Africa. The drama moves between past and present, reliving the poet's despondent years in exile and his eventual return to a new South Africa. With lyrical grace, Fugard once again demonstrates the human struggle to transcend the treacherous injustices of history. South African playwright, actor and director, Athol Fugard is one of the world's leading theatre artists, of whom "The New Yorker" has said, "A rare playwright, who could be a primary candidate for either the Nobel Prize on Literature or the Nobel Peace Prize." Also available by Athol Fugard: " The Road to Mecca" PB $11.95 0-930452-79-8 USA" My Children My Africa " PB $10.95 1-55936-014-3 o USA Statements PB $10.95 0-930452-61-5 USA" Blood Knot and Other Plays" PB $ 14.95 1-55936-020-8 USA" Valley Song" PB $10.95 1-55936-119-0 USA
Written to assist anyone who works with webs directly or indirectly, The Plastic Film and Foil Web Handling Guide is a handbook for diagnosing and correcting problems with web handling technology. Covering web handling fundamentals, process-related technologies, troubleshooting, and solutions, it includes sufficient technical information to identify and correct defects in rolls (of film or foil). Readers will appreciate this unbiased look at web handling that also serves as a counterpoint to information from equipment suppliers.
Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.
Designed as an important tool for developers, unit owners, attorneys, real estate agents, insurance agents/brokers, and management consultants, The Law of Condominia and Property Owners' Associations is also of interest to government officials and others involved with this area of the law. This single-volume resource, including appendixes, offers the reader applicable forms, details of important state statutes, and other useful how-to information. Chapter 1 delves into the history and legal development of condominia, while Chapter 2 describes the nature of property owners' associations. The players in this drama as well as the documents vital to their roles are delineated in Chapter 3 and 4. Details of the operation of the condominium association itself are found in Chapter 5, followed by rules and regulations for condominia in Chapter 6. Chapter 7 focuses on the role of the developer, with particular emphasis on his/her liabilities. Chapter 8 is reserved for the role of the federal government, and the final two chapters focus on the day-to-day problems of condominium operations, including such important issues as availability of municipal services, the licensing of managers, cable access, and tax districts. The eight appendixes provide valuable forms and other information of interest to the practitioner. |
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