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This book is the first to consider comprehensively and systematically the law and practice of advance directives across Asia. It will thus be important not only as a reference volume that documents how advance directives are regulated and used throughout Asia, but also as an exploration of the concept of the advance directive itself, in context. By examining how advance directives operate in Asian countries, we will also shed light on the principle of personal autonomy in this context, alongside other values and religious and socio-cultural factors that shape health and care decision-making. As such, this book will have broad appeal not only to Asian scholars, students, policymakers and practitioners in the fields of health law and ethics and end-of-life care more generally, but will also be of wider interest to an international academic audience in the fields of law, ethics and health and social care research. This title is Open Access.
This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with a description of the mechanism and history of the constitutional amending process in America, the work considers five major questions surrounding the amending process. The question of justiciability: whether the courts should have authority to settle amending issues or whether they are political questions beyond the court's purview. The question of standards: what standards of review should be used. The question of safety: the safety of invoking the constitutional convention mechanism. The question of exclusivity: whether there are legal means of changing the Constitution short of Article V. And the question of limitations: whether there are any unstated constitutional limits on the amending process.
A team of expert contributors provides an in-depth exploration of police use of force, firearms, and less-than-lethal weapons from a dozen countries across five continents. Police Use of Force: A Global Perspective is a fascinating, international exploration of police use of force, firearms, and less-than-lethal weapons in nations around the world. The book is comprised of three sections: the first focuses on the use of force generally, the second explores firearms and deadly force, and the final section considers less-than-lethal weapons, including pepper spray, TASERs, and other emerging technologies currently on the horizon. The essays gathered here will provide readers with an understanding of the vast differences in how police use force in various countries, as well as why police use force differently under different forms of government. Topics covered include use-of-force definitions, training procedures, policy issues, abuse of police authority, use of force during interrogations, and the use of firearms by armed and unarmed police forces. Finally, there is an essay focusing on how shooting and killing a suspect impacts an officer in the months and years that follow.
Could you benefit from expert guidance on how to stay competitive and streamlined in a legal marketplace that is increasingly competitive? Law firms are finding it harder to adapt quickly to a legal landscape that is constantly evolving. That's why it's imperative for law firm leaders to recognise and respond to this change in order to stay competitive. While the economy has improved, key challenges from the recession remain. Clients are more demanding, reducing cost is as important as it ever was, and firms realise that operational efficiency is crucial to gaining small but important margins. In this market, those small margins can be game-changers for large and small firm alike. This new and updated edition of The Lawyer's Guide to Strategic Practice Management equips law firm leaders with the very latest guidance and market knowledge on how to improve and refine current management strategies in order to thrive and compete in today's legal marketplace. From the latest developments in technology and AI, how to improve your firm's coverage on LinkedIn to increasing motivation to act on cross-selling opportunities, this guide is an amalgamation of guidance from the most talked-about thought leaders in the legal sphere. The second edition contains 7 new chapters covering strategy; market and client development; people and talent management; finance and pricing and optimisation and technology. Key features of this updated guide 33 chapters covering six key areas of law firm management Contains valuable material such as diagnostic questionnaires, how-to guides, case studies and action-planning worksheets Hear from a range of thought leaders and experts in the law firm management sphere including: Viv Williams (CEO of 360 Legal Group) Patrick J. McKenna (strategist and advisor to premier law firms) Chrissie Lightfoot (CEO of EntrepreneurLawyer Ltd) Geoff Coughlin (co-founder of Emphasis on Skills Ltd) Order your copy of this guide to: Review revenue and profit models, profitability strategies and law firm profit drivers Examine the various alternatives to the traditional billing hour Measure and manage the performance of your lawyers Find market niches and develop individual business development strategies Learn about the adoption of client listening programmes Use big data for billing and cost and forecasting analysis Build the business case for legal project management Improve client and staff communication, connectivity and collaboration strategies Inform your management strategy with the very latest market insights and find solutions to your management challenge. Order your copy of this updated guide.
The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.
Justices and Journalists examines whether justices are becoming more publicity-conscious and why that might be happening. The book discusses the motives of justices going public and details their recent increased number of television and print interviews and amount of press coverage of their speeches. The book describes the interactions justices have (and have had) with the journalists who cover them. These interactions typically are not discussed publicly by justices or journalists. The book explains why justices care about press and public relations, how they employ external strategies to affect press portrayals of themselves and their institution, and how and why journalists participate in that interaction. Drawing on the papers of Supreme Court justices in the nineteenth and twentieth centuries, the book examines these interactions over the history of the Court. It also includes a content analysis of print and broadcast media coverage of Supreme Court justices covering a 40-year period from 1968 to 2007.
Mass Murder Attacks gives readers the insider knowledge unavailable anywhere else that could ultimately save their lives. Mass murders, though they may seem to be a recent phenomenon, actually have a long history in America. Snow gives a short history of mass murders in the United States, showing while mass murders may be more common today; they were hardly unheard of in the past. Almost weekly, it seems the national news media reports another mass murder: a school shooting, a massacre at a country music concert, a rampage at a nursing home. Why is this happening; who carries out these mass murders; how can we survive if caught up in one; and what can be done by our nation to stop them? In Mass Murder Attacks Robert L. Snow answers these tough questions by examining the psychological make-up of mass murderers, allowing the readers to see into the many motivations behind these crimes. He also discusses the various strategies that communities can use to lessen the chances of such events occurring, and what the United States needs to do to prevent these tragedies from continuing. An important aspect of Mass Murder Attacks is showing readers how to spot a likely mass murder before it happens, and how, if caught up in one, to survive it with the right tactics. Because of the increase in the number of mass murders during the past few decades, police departments everywhere have become equipped and trained on how to respond to them. Readers need to know this information as well so that they can be rescued quickly and safely if ever in the face of this kind of situation. Depending on what kind of mass murder event occurs, there are a number of strategies that can significantly lessen a person’s chances of becoming a victim. With the benefit of many years as a police office, as well as response training for mass murder episode, Snow shows readers important strategies and how to use them.
An ironic and witty look at the political landscape of present-day South Africa; richly satirical and highly topical, this is compelling and brave fiction 'I predict, firstly, that a star will soon set in the political firmament. Secondly, that this country is going to pass through a dark phase in the coming years. And thirdly, that there will be a recovery when a Muslim becomes the president.' Soon after the African Front convincingly wins the second democratic election, the beloved president suddenly resigns, without prior warning. After a demotion, and a series of unpleasant and unlucky incidents, cabinet minister Dr Salman Khan's life is thrown into turmoil. He begins to accept as true the predictions of Mr Roma, the university educated 'prophet' whose final comment on a television panel discussion suggests an unexpected political future. Dr Salman Khan comes to believe that the third prophecy refers to him - with decidedly unsettling results
Duty to country, love for family, and a doomed passion intertwine in the last epic novel from the bestselling author of Exodus and Battle CryPaddy O'Hara was a legendary Marine -- one of the first -- and the inspiration for a fraternity of Marines known as the Wart Hogs. After the Civil War, these stalwart warriors struggle to keep the Marine Corps alive. Their one hope may lie in Zachary O'Hara, the son of their hero, Paddy. Zachary practically grew up in the Marines and is dedicated to saving the Corps, though he hadn't planned on falling in love with the passionate, obstinate heiress Amanda Kerr. But Zachary is haunted by a secret -- one that may force him to choose between a career as an officer in his beloved Corps or a life with a woman who fulfils his every desire.
A Voting Rights Odyssey is the story of the efforts of the white leadership in Georgia to maintain white supremacy by denying blacks the right to vote and hold elected office. Narrated chronologically, most of the story is told by those who participated; from Alexander H. Stephens, Vice President of the Confederacy, to Carl Sanders, Governor of Georgia, to Emma Gresham, Mayor of Keysville in rural Burke County.
This book navigates through the radical changes from the previous CDM Regulations and includes helpful checklists to assist each of the duty holders to comply with their obligations and avoid the penalties of non-compliance. CDM Regulations 2015 Explained will be an invaluable source of information for those responsible for the procurement or management of construction projects or anyone wishing to master the latest developments in construction law and health and safety law.
This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It offers new perspectives on political relationships, politics, legal reform, law and the family, race relations and gender issues.
Migration is an inescapable issue in the public debates and political agendas of Western countries, with refugees and migrants increasingly viewed through the lens of security. This book analyses recent shifts in governing global mobility from the perspective of the politics of citizenship, utilising an interdisciplinary approach that employs politics, sociology, anthropology, and history. Featuring an international group of leading and emerging researchers working on the intersection of migrant politics and citizenship studies, this book investigates how restrictions on mobility are not only generating new forms of inequality and social exclusion, but also new forms of political activism and citizenship identities. The chapters present and discuss the perspectives, experiences, knowledge and voices of migrants and migrant rights activists in order to better understand the specific strategies, tactics, and knowledge that politicized non-citizen migrant groups produce in their encounters with border controls and security technologies. The book focuses the debate of migration, security, and mobility rights onto grassroots politics and social movements, making an important intervention into the fields of migration studies and critical citizenship studies. Citizenship, Migrant Activism and the Politics of Movement will be of interest to students and scholars of migration and security politics, globalisation and citizenship studies.
Rimpelstories is 'n leesreeks vir die Nuwe Nasionale Kurrikulum in die Intermediëre Fase. Die reeks poog om die jong lesers die genot van lees te laat ontdek en hul visuele geletterdheid te ontwikkel deur interessante, boeiende tekste wat ryklik geïllustreer is. Die tematiese inhoud sluit sensitiewe vraagstukke soos besoedeling, boelies en vigs in, maar dit sluit aan by die leefwêreld van die lesers met humor wat wyd gebruik word.
There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary. There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words. ; Guide to the Court's functions and the ways in which it goes about its work ; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents ; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background--and in some cases the turbulent aftermath--of the Court's decisions
Native nation economies have long been dominated by public sector activities - government programs and services and tribal government-owned businesses - which do not generate the same long-term benefits for local communities that the private sector does. In this work, editors Robert Miller, Miriam Jorgensen, Daniel Stewart, and a roster of expert authors address the underdevelopment of the private sector on American Indian reservations, with the goal of sustaining and growing Native nation communities, so that Indian Country can thrive on its own terms. Chapter authors provide the language and arguments to make the case to tribal politicians, Native communities, and allies about the importance of private sector development and entrepreneurship in Indigenous economies. This book identifies and addresses key barriers to expanding the sector, provides policy guidance, and describes several successful business models - thus offering students, practitioners, and policymakers the information they need to make change.
"Powerful." "A painstakingly researched, scientific, psychological,
sociocultural, and constitutional history of race. The Smart
Culture is one of our generation's most powerful indictments of
insidious racism and meritocracies." "A passionate attack on pervasive American cultural assumptions
of natural inequality. The book provides a fine history of
antiblack discrimination and of the racist and nativist bases of
the developers of standardized intelligence tests." What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences. What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a naturalintellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it. With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.
A rich, narrative exploration of the ways love defies, survives, thrives, and dies as lovers contend with US immigration policy. For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love, Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.
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.
This book investigates the psychological factors that led to the election of Donald Trump and the accompanying escalation of hate violence and intolerance in the United States. It also spells out the challenge for Americans living in a time of political conservatism and unbridled hostility towards minorities, immigrants, and socially progressive individuals—and what democratic-minded people can do to take action. After the U.S. presidential election in November of 2016, it became clear that hostility, intolerance, and violence targeting minorities, immigrants, and socially progressive individuals was more prevalent in the United States than many thought—and that these hateful sentiments had played a significant role in the election of Donald Trump. What are the reasons for this cataclysmic shift in the U.S.? Have these feelings been entrenched and rampant but under the surface for decades? We are now witnessing the consequences of a different kind of "freedom of expression"— one that is challenging our notions of living in a multicultural and internationally-focused society. Hate Unleashed: America's Cataclysmic Change looks at the process by which America moved away from a progressive democratic model of governance in response to themes of economic and cultural vulnerability. Drawing on the notions of authoritarianism and ultranationalism—as well as insights from polling research and the advent of fake news—Hate Unleashed portrays how American politics became a battleground about culture and diversity. Author Edward Dunbar exposes how xenophobia, the synthesis of hate speech into political rhetoric, and appeals to a nationalism of nostalgia are linked to the escalation in hate activity after the November 2016 election. In his examination of election results, hate crime activity, and the history of black lynching, Dunbar places the Trump victory as the latest battle in the unending civil war of the United States.
Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures. This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics. Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time. A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.
Conventional wisdom holds that the "Lochner" Court illegitimately used the Constitution's due process clauses to strike down Progressive legislation designed to protect the poor and powerless against big business. This book systematically examines all of the U.S. Supreme Court's substantive due process cases from 1897 through 1937 and finds that they do not support long-held beliefs about the "Lochner" Court. The Court was more Progressive than commonly imagined, striking down far fewer laws on substantive due process grounds than is generally believed. The laws it overturned were not invariably social legislation, and relatively few due process cases involved freedom of contract. Moreover, Holmes, despite his reputation as a Great Dissenter, joined many of the cases striking down government action. The book attacks three familiar normative criticisms of the "Lochner" Court. It accerts that (1) the Court's substantive due process decisions almost certainly were not motivated by a conscious desire to assist business by suppressing social legislation; only sometimes did the justices' nostalgia for laissez-faire lead to this result; (2) the conservative justices' understanding of business and government often exceeded that found in the typical Brandeis Brief; and (3) most applications of "Lochner"-era substantive due process cannot readily be described as illegitimate assertions of judicial power lacking justification in the due process clauses.
Jurist of the 18th and 19th centuries were often in disagreement as to the proper method of instructing students who wished to take up the practice of law. This volume distills the essential elements of the controversy over legal education and offers many articles and papers on the topic that are no longer available in print. A compilation of seventeen essays by influential legal scholars of the period, it presents arguments for and against the educations approaches that dominated English and American legal study for more than two centuries. Dean Hoeflich's introduction examines the historical and legal context that formed the background of the controversy. Many of the essays that follow are polemical contributions to the debate on the relative merits of apprenticeship and academic training--the methods oflegal education that were commonly practiced. Some authors favored a pragmatic, non-elitist training, others recommended greater emphasis on systematization and method through the teaching of logic, moral philosophy, or Roman law. Still others proposed a blending of approaches or altogether new types of legal education--some of which were frankly utopian. Several essays focus on the need to develop American legal education independent of English models. Renowned jurists such as Oliver Wendell Holmes, Jr., and William Blackstone are represented, together with lesser known legal thinkers credited with substantial or original contributions to the field. The editor provides supplementary notes on the authors, a bibliographyu, and an index. |
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