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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.
The effort to legislate family and medical leave policies in the
United States illustrates a dilemma at the heart of the American
political process. Faced with strong opposition from business
lobbies, proponents of leaves in the late 1980s and early 1990s had
to balance their desire to pass the policy they wanted against the
desire to pass a policy at all.
While the American legal system has played an important role in shaping the field of bioethics, "Law and Bioethics" is the first book on the subject designed to be accessible to readers with little or no legal background. Detailing how the legal analysis of an issue in bioethics often differs from the "ethical" analysis, the book covers such topics as abortion, surrogacy, cloning, informed consent, malpractice, refusal of care, and organ transplantation. Structured like a legal casebook, "Law and Bioethics" includes the text of almost all the landmark cases that have shaped bioethics. Jerry Menikoff offers commentary on each of these cases, as well as a lucid introduction to the U.S. legal system, explaining federalism and underlying common law concepts. Students and professionals in medicine and public health, as well as specialists in bioethics, will find the book a valuable resource.
Library research has changed dramatically since Marilyn Lutzker and Eleanor Ferrall's Criminal Justice Research in Libraries was published in 1986. In addition to covering the enduring elements of traditional research, this new edition provides full coverage of research using the World Wide Web, hypertext documents, computer indexes, and other online resources. It gives an in-depth explanation of such concepts as databases, networks, and full text, and the Internet gets a full chapter. The chapters on bibliographic searching, the library catalog, and comparative research are almost totally new, and chapters on indexes and abstracts, newsletters, newspapers and news broadcasts, documents, reports and conference proceedings, and statistics reflect the shift to computerized sources. The chapter on legal resources discusses the wealth of legal information available on the Internet. A new chapter on library research in forensic science corrects an omission from the first book. With the growth of computerized indexes and the Internet, more and more researchers are admitting that they feel inadequate to the new tools. Librarians themselves are struggling to keep abreast of the new technology. This book will help students, practitioners, scholars, and librarians develop a sense of competency in doing criminal justice research.
Although Canada is regarded as one of the least corrupt countries, this volume draws on wide ranging evidence and innovative research from scholars around the world to challenge this assumption. Corruption, defined as the "abuse of entrusted power for private gain," is often understood as being caused by internally motivated greed leading to prohibited acts in contravention of laws, rules and regulations. It can also be defined as "dishonest action that destroys people's trust." These traditional forms of corruption pose problems for Canada in a variety of policy domains, as well as "institutional corruption" evidenced by deception and financial inconsistency that undermine the effectiveness and transparency of policy objectives. This volume contains chapters that investigate various areas of corruption in Canada, ranging from corruption amongst the First Nations, to the armed forces, to the delivery of foreign assistance. It also offers suggestions to reduce future outbreaks of corruption. Each chapter provides detailed empirical analysis evidenced through real world examples that highlight key lessons amidst the numerous challenges posed by corruption. This book was originally published as a special issue of the Canadian Foreign Policy Journal.
A History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court's jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt—aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court's long-standing hostility to the regulation of business. The arrival of Roosevelt's justices, all committed to social control of finance, ushered in an era of deference to the SEC's expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion—by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell's leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC's long winning streak at the Court. Powell's retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court's securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.
Shattered Justice presents original crime victims' experiences with violent crime, investigations and trials, and later exonerations in their cases. Using in-depth interviews with 21 crime victims across the United States, Cook reveals how homicide victims’ family members and rape survivors describe the painful impact of the primary trauma, the secondary trauma of the investigations and trials, and then the tertiary trauma associated with wrongful convictions and exonerations. Important lessons and analyses are shared related to grief and loss, and healing and repair. Using restorative justice practices to develop and deliver healing retreats for survivors also expands the practice of restorative justice. Finally, policy reforms aimed at preventing, mitigating, and repairing the harms of wrongful convictions is covered.
Crime has been present in all cultures and societies, since the beginning of time. This work focuses on the punishments common in England around the time of Shakespeare and Milton, presenting descriptions of more than fifty criminal cases. Information comes from narratives printed for the popular news media at the time of the event. Details of everyday life in England and facts about the English legal environment of the era are brought to light. Also revealed through the narratives are issues present in society today—i. e., the status of women, poverty, and corruption. Individual cases are discussed under chapters devoted to specific types of crimes.
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Constitutional reform has been one of the most significant aspects of democratization in late twentieth century Latin America. In The Friendly Liquidation of the Past—one of the first texts to examine this issue comprehensively —Van Cott focuses on the efforts of Bolivia and Colombia to incorporate ethnic rights into their fragile democracies. In the1990s, political leaders and social movements in Bolivia and Colombia expressed dissatisfaction with the quality of democracy--its exclusionary nature, the distance and illegitimacy of the state, and the empty promise of citizenship. The highly symbolic act of constitution making elevated a public struggle for rights to the level of a discussion on the meaning of democracy and the nature of the state. Based on interviews with more than 100 participants in the reforms, Van Cott demonstrates how issues promoted by social movements—recognizing ethnic diversity, expanding political participation and improving representation, and creating spheres of cultural and territorial autonomy—were placed on the constitutional reform agenda and transformed through strategic interaction with political power-brokers into the nation’s highest law. The analysis follows each reform through five years of implementation to assess the early results of what Van Cott suggests is an emerging regional model of multicultural constitutionalism. The Friendly Liquidation of the Past fills an important gap in the study of ethnic politics and constitutional reform in the Andes, linking the literature on institutions and political reform to work in political theory on participatory democracy and multiculturalism.
This book covers documents and related information pertaining to civil liberties in America, including the debates over arbitrary state action, due process, equal protection, freedom of speech, and privacy issues. The USA PATRIOT Act, the actions and free speech of the Ku Klux Klan, and the use of privately owned devices with GPS by law enforcement are all highly controversial topics that fall under the blanket of civil liberties and federal or state authority—subjects that are important to most Americans. This book provides a comprehensive examination of arbitrary state action post-September 11, 2001, combining detailed examinations of specific legislation with watershed coverage of issues such as freedom of speech, press, and religion as well as various aspects of criminal law and procedure. This text presents documents from Britain, the American colonial period, the Founding period, and the modern era, including recent Supreme Court cases. The author provides an accompanying analysis of each document, providing insightful historical context and ramifications of the decisions and the laws passed.
Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.
The convergence of changes in the legal landscape - wider economic pressures, the growing implementation of legal technologies, the disrupting influence of alternative service providers and their competitive pricing offerings - mean that the corporatization of the law firm is well underway. The "business of law" is now more of a priority than ever before, with procurement and pricing professionals playing increasingly significant roles within firms and a growing focus towards the measurement and analysis of profit, rather than simply its generation, becoming apparent. With this becoming common practice, it is now essential for those at the helm of their firm's profitability to take a deep dive into its real fundamentals. The Future of Profitability Models and Analysis for Law Firms provides this kind of comprehensive exploration into the recent and revolutionary approaches firms are adopting in their pursuit of greater returns in this current period of renaissance for the law. Featuring contributions from field experts and thought leaders - including pricing directors, chief financial officers, and management consultants - combines trendspotting, exploratory intelligence with case studies and real-world examples of best practice to act as a launchpad for application and instruction.
"No Equal Justice" is the seminal work on race- and class-based double standards in criminal justice. Hailed as a "shocking and necessary book" by "The Economist," it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the "Boston Book Review" and the best book on an issue of national policy by the American Political Science Association. "No Equal Justice" examines subjects ranging from police
behavior and jury selection to sentencing, and argues that our
system does not merely fail to live up to the promise of equality,
but actively requires double standards to operate. Such
disparities, Cole argues, allow the privileged to enjoy
constitutional protections from police power without paying the
costs associated with extending those protections across the board
to minorities and the poor.
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.
Down second avenue is Es'kia Mphahlele's autobiography of his South African childhood and his struggle against discrimination. The memoir tells of Es'kia's childhood in Maupaneng, a small village outside Pietersburg, and Marabastad, a location in Pretoria. Here he showed academic promise. This resulted in a career as a teacher. After a number of years, though, he was barred from teaching because of his vocal opposition to the segregation and discrimination occurring in schools. Mphahlele then worked for Drum magazine in various capacities. The biography culminates in his exile from South Africa in 1957. Down second avenue is Mphahlele's personal account of his struggle for identity and dignity in the face of the growing discriminatory policies of the South African government. It is a compelling mix of humour and pathos.
Although women comprise nearly half of all law students and incoming associates at law firms, and have done so for many years, they remain greatly outnumbered by men at senior levels. If nothing is done to change this trend, the percentage of women equity partners will remain under 20 percent for decades to come. Slow progress in gender equality at senior roles raises awkward questions for the industry - and highlights the challenges that women lawyers face when developing their careers. Indeed, at mid-career, when earnings peak, the top 10 percent of female lawyers earn more than $300,000 a year, while the top 10 percent of male lawyers earn more than $500,000. Coupled with this, the number of female equity partners at top US law firms has risen by only five percent in the last 12 years. Although women comprise 47 percent of associate ranks at law firms, female lawyers make up only 31 percent of those entering the equity partnership class. This book is for women, by women - to help female lawyers progress their careers in an industry still struggling with gender equality. Written by outstanding women lawyers in their respective fields, each contribution takes a personal and professional view of the legal sector, providing insight and analysis of issues as diverse as flexible working, portfolio careers, unconscious bias and the modern career trajectory. The book is split into four sections, and begins with the results of original research undertaken by ARK Group in early 2019. Surveying 100 women lawyers from across the globe, we asked women at all stages in their careers to open up about their experiences, from recruitment to retirement, and the challenges - and opportunities - that being female has brought. The results make for interesting, and perhaps surprising, reading.
The world of data, analytics, and technology is relatively unexplored in the legal arena, due to the traditionally conservative and risk-averse nature of the legal environment. However, we are approaching a reality in which data is the most precious resource of practically every single organization. Law firms should be no different. The buzz around intelligence functions and initiatives places constant emphasis on their immediate necessity; the narrative runs that firms need to invest both time and resources into their own competitive and business intelligence efforts, and complementing technologies and tools, to avoid being left behind. The fact that these disciplines are in their infancy - with their very definitions in flux and varying between different practices - does not make it any easier. The goalposts are constantly moving, and it is common for multiple BI and CI initiatives and practices to be distributed across the breadth of the firm, from the marketing and finance departments to the library. The challenge, then, when attempting to build robust intelligence functions within a law firm is not only to mature these efforts but also to facilitate collaboration and ensure they are centralized. The ABCs: Integrating artificial, business and competitive intelligence in the modern law firm acts as a practical roadmap for how to achieve exactly that, taking a deep dive into the developing disciplines of AI, BI, and CI and their potential synergies, featuring expert contributions from industry leaders covering a wide range of the most pressing issues - from how to make business development processes more systemic utilizing AI technologies, to real-world examples of competitive intelligence initiatives and their lifecycle.
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