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This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees' decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
A guide to employment law. One of the most rapidly evolving areas of law involves individual employment rights. Individual employment rights has no clearly defined boundary. It encompasses a multitude of employment statutes and court decisions. It finds its support in constitutional law and has developed as part of specialized employment law areas involving record keeping and disclosure, labor relations, health and safety, labor standards, fair employment practices. This book consolidates these fragmented individual employment rights into a centralized reference source.
Patricia Lotz behandelt Rechtsfragen zum Einsatz moderner Marketingformen und gibt einen ersten Überblick über die Fallstricke, die sich dem E-Commerce in Zukunft vor allem im Bereich des Datenschutzes stellen werden. Die Autorin zeigt gleichzeitig mögliche Lösungswege auf. Aus rechtlicher Sicht bespricht sie Webtracking, Geolokalisierung und Social Plugins. Zudem gibt sie eine Übersicht über die Integration von E-Payment-Lösungen.
The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.
The World Commission on Dams (WCD) report (2000) “Dams and Development: A New Framework for Decision-Making” set a landmark in the ongoing controversy over large dams. Now that more than ten years have passed, one has to realize that the WCD norms matter. However, their real chance of becoming implemented relies on whether their core values, strategic priorities and guidelines are accepted by national decision-makers and are translated into official policies and practices. The book’s major concern is whether the big hydropower states have improved their standards for environment and resettlement, and whether international standards are applied or exist only on paper. The introductory and synthesis chapters present the methodological approach and discuss the findings. Other chapters analyze changes in dam policies in the big hydropower states Brazil, China, India and Turkey; the role of non-governmental organizations in advocating against the Turkish Ilisu Dam project on the Tigris River; the strategies of International Rivers and World Wildlife Fund for Nature in the global hydropower game; the policies of the German government and its positioning in the dam debate, and the engagement of Chinese actors in building the Bui Dam (Ghana) and the Kamchay Dam (Cambodia).
Ballot box voting is often considered the essence of political freedom. But, it has two major shortcomings: individual voters have little chance of making a difference, and they also face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both of these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet by making decisions about whether to immigrate, where to live within a federal system, and what to purchase or support in the private sector. These three areas are rarely considered together, but Somin explains how they have major common virtues and can be mutually reinforcing. He contends that all forms of foot voting should be expanded and shows how both domestic constitutions and international law can be structured to increase opportunities for foot voting while mitigating possible downsides. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. That implication is an additional reason to be skeptical of these rationales for exclusion. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right.
The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe. Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.
First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as valuable because of the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries.
The Internet and mobile telephones have made everyone more aware than ever of the computer revolution and its effects on the economy and society. 'As Time Goes By' puts this revolution in the perspective of previous waves of technical change: steam-powered mechanization, electrification, and motorization. It argues for a theory of reasoned economic history which assigns a central place to these successive technological revolutions.
Often law students don't achieve the results they are capable of, not because of a lack of intellectual ability, but because they haven't fully understood what is required of them and what they could and should do to achieve higher marks. Acing the LLB will help those students realise their full potential and achieve the very best marks. It explains what lecturers are looking for in a top class answer and is packed with easy-to-follow practical advice that students can use to improve their performance. The author draws upon his own experiences as a lecturer and marker of student work as well as those of colleagues at a range of institutions to offer sound and realistic advice. Engaging, accessible and very readable, this is an ideal guide for anyone starting out on an LLB or for current law students who are looking to improve their grades.
Wild Life documents a nuanced understanding of the wild versus captive divide in species conservation. It also documents the emerging understanding that all forms of wild nature—both in situ (on-site) and ex situ (in captivity)—may need to be managed in perpetuity. Providing a unique window into the high-stakes world of nature conservation, Irus Braverman describes the heroic efforts by conservationists to save wild life. Yet in the shadows of such dedication and persistence in saving the life of species, Wild Life also finds sacrifice and death. Such life and death stories outline the modern struggle to define what conservation should look like at a time when the long-established definitions of nature have collapsed. Wild Life begins with the plight of a tiny endangered snail, and ends with the rehabilitation of an entire island. Interwoven between its pages are stories about golden lion tamarins in Brazil, black-footed ferrets in the American Plains, Sumatran rhinos in Indonesia, Tasmanian devils in Australia, and many more creatures both human and nonhuman. Braverman draws on interviews with more than one hundred and twenty conservation biologists, zoologists, zoo professionals, government officials, and wildlife managers to explore the various perspectives on in situ and ex situ conservation and the blurring of the lines between them.
This book constitutes revised selected papers from the two International Workshops on Artificial Intelligence Approaches to the Complexity of Legal Systems, AICOL IV and AICOL V, held in 2013. The first took place as part of the 26th IVR Congress in Belo Horizonte, Brazil, during July 21-27, 2013; the second was held in Bologna as a joint special workshop of JURIX 2013 on December 11, 2013. The 19 papers presented in this volume were carefully reviewed and selected for inclusion in this book. They are organized in topical sections named: social intelligence and legal conceptual models; legal theory, normative systems and software agents; semantic Web technologies, legal ontologies and argumentation; and crowdsourcing and online dispute resolution (ODR).
Schooling Alone is a look at the history of public education and the current state of the efforts to privatize our public schools. This work looks at who is really choosing and what we, as members of a democratic republic, are losing as privatization of our publicly funded institutions moves forward. There is a difference between a capitalist economic theory and the values of a democratic republic. This work asks the reader to consider what our values regarding public education should be.
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
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.
This book, originally published in 2002, argues that the Mongol invasion of the thirteenth century precipitated a transformation of marriage and property law in China that deprived women of their property rights and reduced their legal and economic autonomy. It describes how after a period during which women's property rights were steadily improving, and laws and practices affecting marriage and property were moving away from Confucian ideals, the Mongol occupation created a new constellation of property and gender relations that persisted to the end of the imperial era. It shows how the Mongol-Yuan rule in China ironically created the conditions for radical changes in the law, which for the first time brought it into line with the goals of Learning the Way Confucians and which curtailed women's financial and personal autonomy. The book evaluates the Mongol invasion and its influence on Chinese law and society.
Discussion of bioscience ethics requires understanding of the science that underpins biological systems impinging on our lives. Unencumbered by the formal structure of ethics, bioethics presents a forum for discussion of practical matters of individual and collective concern. This comprehensive text is a guide to the essentials of bioscience ethics and an interface between applied science and applied bioethics. Early chapters embrace topics affecting human reproduction - substance abuse and parenthood, aging gametes and congenital malformations, child abuse and its biological consequences. Intermediate chapters deal with end-of-life care and euthanasia, human fertility, assisted reproductive technologies, genetic engineering, and cloning. Remaining chapters challenge human-dominated ecosystems. Population growth, economic activity, and warfare - with its environmental consequences - are reviewed. A background section describes the evolution of ethical consciousness, explores the future, and proposes that the reworking of ethical boundaries can enhance mature decision-making in harmony with changing technology.
This fast-paced action novel is set in a future where the world has
been almost destroyed. Like the award-winning novel Freak the
Mighty, this is Philbrick at his very best.
Clear and easy to understand, Joel Samaha's best-selling text helps you apply criminal law's enduring foundations and principles to fascinating, current court cases and specific crimes. With a blend of case excerpts and author commentary, the author guides you as you sharpen your critical thinking and legal analysis skills. As you progress through the book, you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons, property, society, and the state. You'll also see these principles at work in the cases and crimes that illustrate them. Featuring the latest topics and court cases, real-world illustrations, and study tools to maximize your course success (including MindTap), CRIMINAL LAW, 12th Edition will serve as a valuable reference long after you graduate. In fact, former users report that this is the only book they keep, and those who go on to law school say that it helps them in their criminal law course.
For ethnic minorities in Europe separated by state borders--such as Basques in France and Spain or Hungarians who reside in Slovakia and Romania--the European Union has offered the hope of reconnection or at least of rendering the divisions less obstructive. Conationals on different sides of European borders may look forward to increased political engagement, including new norms to support the sharing of sovereignty, enhanced international cooperation, more porous borders, and invigorated protections for minority rights. Under the pan-European umbrella, it has been claimed that those belonging to divided nations would no longer have to depend solely on the goodwill of the governments of their states to have their collective rights respected. Yet for many divided nations, the promise of the European Union and other pan-European institutions remains unfulfilled."Divided Nations and European Integration" examines the impact of the expansion of European institutions and the ways the EU acts as a confederal association of member states, rather than a fully multinational federation of peoples. A wide range of detailed case studies consider national communities long within the borders of the European Union, such as the Irish and Basques; communities that have more recently joined, such as the Croats and Hungarians; and communities that are not yet members but are on its borders or in its "near abroad," such as the Albanians, Serbs, and Kurds. This authoritative volume provides cautionary but valuable insights to students of European institutions, nations and nationalism, regional integration, conflict resolution, and minority rights.Contributors: Tozun Bahcheli, Zoe Bray, Alexandra Channer, Zsuzsa Cserg, Marsaili Fraser, James M. Goldgeier, Michael Keating, Tristan James Mabry, John McGarry, Margaret Moore, Sid Noel, Brendan O'Leary, David Romano, Etain Tannam, Stefan Wolff."
For three months every year football clubs buy and sell people. They spend more than £4 billion a year on footballers, and for good reason; the right deal can help you win the game's top prizes while the wrong deal can cost you your job and bankrupt your club. It is a fast-paced, at times murky and cutthroat world worth billions, which largely operated behind closed doors - until Jim White and Kaveh Solhekol stepped in, that is. In Deadline Day, Jim and Kaveh, two of the world's leading transfer experts, take us behind the scenes of this uniquely tense, make-or-break element to the game. They talk of the world's most famous players, managers and agents - Jose Mourinho, Sir Alex Ferguson and Pep Guardiola amongst others - to get to the heart of the most significant deals in history, as well as the ones that got away. But has the time come for football to slam shut the transfer window for good? Is it, after all, more scandal than strategy? Perceptive, entertaining and dynamically told, Jim and Kaveh reckon with questions integral to the future of the game in this definitive, never-before-told inside story of football's transfer window.
A lawyer must understand the basics which underpin the role of practicing as a corporate lawyer. This essential resource will illuminate those underpinnings-to identify, develop, and discuss strategies for acclimating to this unique area of law, including: * Defining Your Role * Starting Your Job * The Legal Department * Areas of Practice * Risk Management and much, much more! This concise and rigorous primer provides a framework for a long-lasting career and client relationship. It's perfect for anyone practicing law as general counsel.
Rimpelstories is 'n leesreeks vir die Hersiene Nasionale Kurrikulum
in die Intermedire Fase. Rimpelstories is 'n leesreeks vir die
Hersiene Nasionale Kurrikulum in die Intermedire Fase. Die reeks
poog om jong lesers die genot van lees te laat ontdek en hul
visuele geletterdheid te ontwikkel deur interessante, boeiende
tekste wat ryklik gellustreer is.
On Easter Sunday in 1873, more than one hundred black men were gunned down in Grant Parish, Louisiana, for daring to assert their right to vote. Several months earlier, in Lexington, Kentucky, another black man was denied the right to vote for simply failing to pay a poll tax. Both events typified the intense opposition to the federal guarantee of black voting rights. Both events led to landmark Supreme Court decisions. And, as Robert Goldman shows, both events have much to tell us about an America that was still deeply divided over the status of blacks during the Reconstruction era. Goldman deftly highlights the cases of United States v. Reese and United States v. Cruikshank within the context of an ongoing power struggle between state and federal authorities and the realities of being black in postwar America. Focusing especially on the so-called Reconstruction Amendments and Enforcement Acts, he argues that the decisions in Reese and Cruikshank signaled an enormous gap between guaranteed and enforced rights. The Court's decisions denied the very existence of any such guarantee and, further, conferred upon the states the right to determine who may vote and under what circumstances. In both decisions, lower court convictions were overturned through suprisingly narrrow rulings, despite the larger constitutional issues involved. In Reese the Court justified its decision by voicing only two sections of the Enforcement Acts, while in Cruikshank it merely voided the original indictments as being "insufficient in law" by failing to allege that the Grant Parish murders had been explicitly motivated by racial concerns. Such legalistic reasoning marked the grim beginning of a nearly century-long struggle to reclaim what the Fifteenth Amendment had supposedly guaranteed. As Goldman shows, the Court's decisions undermined the fledgling efforts of the newly formed justice department and made it increasingly difficult to control the racial violence, intimidation, poll taxes, and other less visible means used by white southern Democrats to "redeem" their political power. The result was a disenfranchised black society in a hostile and still segregated South. Only with the emergence of a nationwide civil rights movement and the Voting Rights Act of 1965 did things begin to change. Readable and insightful, Goldman's study offers students, scholars, and concerned citizens a strong reminder of what happens when courts refuse to enforce constitutional and legislated law--and what might happen again if we aren't vigilant in protecting the rights of all Americans.
Colorblindness has become an integral part of the national
conversation on race in America. Given the assumptions behind this
influential metaphor--that being blind to race will lead to racial
equality--it's curious that, until now, we have not considered if
or how the blind "see" race. Most sighted people assume that the
answer is obvious: they don't, and are therefore incapable of
racial bias--an example that the sighted community should
presumably follow. In "Blinded by Sight," Osagie K. Obasogie shares
a startling observation made during discussions with people from
all walks of life who have been blind since birth: even the blind
aren't colorblind--blind people understand race visually, just like
everyone else. Ask a blind person what race is, and they will more
than likely refer to visual cues such as skin color. Obasogie finds
that, because blind people think about race visually, they orient
their lives around these understandings in terms of who they are
friends with, who they date, and much more. |
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