This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.

The 1960s, in retrospect, may be chiefly remembered for the unprecedented constitutional developments it witnessed in countries emerging from colonial rule. Originally published in 1963, an examination of these constitutional developments from the authoritative pens of the previous Legal Adviser to the Colonial and Commonwealth Relations Offices, and the Legal Adviser to the Colonial Office at the time was, therefore, particularly timely - for no two men in human history can have had to draft so many constitutional instruments. One after another of these new constitutions had, moreover, included certain 'Fundamental Rights', so a discussion of this subject by a recognised academic authority, together with an examination by an ex-Chief Justice of Allahabad of the constitutional writs which have been so widely used in India to protect these rights, was particularly appropriate. An erudite examination of the origins of the famous phrase 'Justice, Equity and Good Conscience' by the Reader in Oriental Laws in the University of London, fittingly concludes the first half of this volume. Legal developments in these emergent countries, had, however, by no means been limited to the sphere of constitutional law. So the series continues with contributions on the legal profession in African territories, by a former President of the Law Society, and on the problems posed by Islamic law in that continent, by the Professor of Oriental Laws. Criminal Law is represented by a consideration of 'Liability under the Nigerian Criminal Code' by an ex-Chief Justice of the Western Region; matters economic and sociological by papers on 'Legal Development and Economic Growth in Africa' and 'Women's Status and Law Reform' by two experts in Africa law; and developments in Asia by an examination of recent legislation on family law in Pakistan, and of the sources of Chinese Law in Hong Kong, by other members of the staff of the School of Oriental and African Studies.

The most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the 'big five' personality traits on the justices' behavior during each stage of the Court's decision-making process. What Justices Want shows that personality traits directly affect the justices' choices and moderate the influence of goal-related situational factors on justices' behavior.

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

This book engages with the place of law and legality within Australia's distinctive contribution to global televisual culture.

In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as 'sensitive' or 'strategic', with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.

This book brings together politics, law, financial services regulation, economics and housing policy in the analysis of mortgage lending and macroprudential policy in the UK and US.

This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators' agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law - jurisdictions that have recently reformed their provisions on shareholder protection - examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders' derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.

This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU.

By adopting a theoretical analysis, this monograph examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced. The monograph analyses the policy objectives of corporate rescue laws and employment protection laws as set out in the statutes, parliamentary and congressional debates proceedings as reported in the Hansard (UK) and the Congressional Record (US), ministerial statements, Government consultative documents and case law of both the US and the UK.

With contributors from a range of backgrounds including law, business, management, engineering and policy development, this interdisciplinary book provides the first comprehensive study on LCC within the framework of EU public procurement law.

Commonwealth Caribbean Law and Procedure: The Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the most important being that that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book. Also, the book: Examines how Article 214 RTC operates in the Caribbean context, how it interacts with other provisions of the RTC, and how it fits into the various national legal systems of the Member States of the CSME. Explores possible reasons why, so far, national courts of the Member States of the CSME have not made any referrals to the Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a comparative perspective; in particular, the book compares and contrasts it with Article 267 TFEU. Examines some of the aspects of Article 214 RTC in the light of public international law, bearing in mind that under Article 217(1) RTC, the CCJ is required, when exercising its original jurisdiction under Article 211 RTC, to "apply such rules of international law as may be applicable." This is to ensure that the CCJ will not bring in a finding of non liquet on the ground of silence or obscurity of CSME law, which Article 217(2) RTC expressly prohibits. This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, and governmental and non-governmental organizations from the Caribbean region.

The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors' duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors' duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.

This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.

This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the 'form of law', or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.

Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

The Fourth Industrial Revolution has the potential to raise global income levels and improve the quality of life for populations around the world. Technology development of AI, self-driving, big data, the Internet of things, and many digital revolutions have changed how people interact with each other. Therefore, developing a comprehensive and globally shared view of how technology is affecting our lives and reshaping our social, cultural, and human environments is essential. There has never been a time of more significant promise, or one of greater potential peril. Today's decision-makers, however, are too often trapped in traditional, linear thinking, or too absorbed by the multiple crises demanding their attention, to think strategically about the forces of disruption and innovation shaping our future. The main goal of the conference was to provide an outlet for papers discussing the importance and impact of industrial revolution 4.0 to influence social aspect in human life. The proceedings consist of papers covering issues on psychology, law, communication studies, culture, religion, and literature. The proceedings will provide the latest research and constitute a concise but timely medium for the dissemination. The Proceedings of the 1st International Conference on Social Sciences Series (SOSCIS 2019) will be invaluable to professionals and academics in psychology, law, communication studies, culture, religion, and literature.

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

This fully revised third edition brings a fresh approach to the fundamentals of mass media and communication law in a presentation that undergraduate students find engaging and accessible. Designed for students of communication that are new to law, this volume presents key principles and emphasizes the impact of timely, landmark cases on today's media world, providing an applied learning experience. This new edition offers expanded coverage of digital media law and social media, a wealth of new case studies, expanded discussions of current political, social, and cultural issues, and new features focused on ethical considerations and on international comparative law. Communication Law serves as a core textbook for undergraduate courses in communication and mass media law. Online resources for instructors, including an Instructor's Manual, Test Bank, and PowerPoint slides, are available at: www.routledge.com/9780367546694

This fully revised third edition brings a fresh approach to the fundamentals of mass media and communication law in a presentation that undergraduate students find engaging and accessible. Designed for students of communication that are new to law, this volume presents key principles and emphasizes the impact of timely, landmark cases on today's media world, providing an applied learning experience. This new edition offers expanded coverage of digital media law and social media, a wealth of new case studies, expanded discussions of current political, social, and cultural issues, and new features focused on ethical considerations and on international comparative law. Communication Law serves as a core textbook for undergraduate courses in communication and mass media law. Online resources for instructors, including an Instructor's Manual, Test Bank, and PowerPoint slides, are available at: www.routledge.com/9780367546694

The 7th edition of Understanding Equity and Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.

William D. Lopez details the incredible strain that immigration raids place on Latino communities-and the families and friends who must recover from their aftermath. 2020 International Latino Book Awards Winner First Place, Mariposa Award for Best First Book - Nonfiction Honorable Mention, Best Political / Current Affairs Book On a Thursday in November 2013, Guadalupe Morales waited anxiously with her sister-in-law and their four small children. Every Latino man who drove away from their shared apartment above a small auto repair shop that day had failed to return-arrested, one by one, by ICE agents and local police. As the two women discussed what to do next, a SWAT team clad in body armor and carrying assault rifles stormed the room. As Guadalupe remembers it, "The soldiers came in the house. They knocked down doors. They threw gas. They had guns. We were two women with small children . . . The kids terrified, the kids screaming." In Separated, William D. Lopez examines the lasting damage done by this daylong act of collaborative immigration enforcement in Washtenaw County, Michigan. Exploring the chaos of enforcement through the lens of community health, Lopez discusses deportation's rippling negative effects on families, communities, and individuals. Focusing on those left behind, Lopez reveals their efforts to cope with trauma, avoid homelessness, handle worsening health, and keep their families together as they attempt to deal with a deportation machine that is militarized, traumatic, implicitly racist, and profoundly violent. Lopez uses this single home raid to show what immigration law enforcement looks like from the perspective of the people who actually experience it. Drawing on in-depth interviews with twenty-four individuals whose lives were changed that day in 2013, as well as field notes, records obtained under the Freedom of Information Act, and his own experience as an activist, Lopez combines rigorous research with moving storytelling. Putting faces and names to the numbers behind deportation statistics, Separated urges readers to move beyond sound bites and consider the human experience of mixed-status communities in the small towns that dot the interior of the United States.

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices. Chapters address a range of current arguments and issues, providing an enhanced theoretical framework and evolving understanding from a variety of feminist and queer perspectives. Relationship recognition debates and LGBT activism and scholarship are examined and discussed, as well as questions around bodily autonomy, kink identities, pornography and healthcare access rights. Research exploring the lived experiences of people facing challenges such as domestic violence, asylum, femicide and hate crime is also assessed. This Research Handbook will be an invaluable resource for researchers and students in the fields of law, sexuality and gender, as well as family studies, sociology, media and cultural studies, and medicine. Activists will also benefit from its scholarly insight into key policy debates and future strategy. Contributors include: L. Adler, C. Ashford, R. Auchmuty, A.A. Baboolal, R. Barberet, J. Cabrera, R. Collier, S. Cowan, T. Crofts, M. Duggan, P. Dunne, A. Dymock, S. Falcetta, D. Fenwick, H. Fenwick, S. Ferris, S. Gloppen, R. Harding, R. Hewer, A.C. Infanti, P. Johnson, M. Judge, U. Khan, C. Kitzinger, A. Kondakov, K. Lalor, T. Liu, A. Maine, C. McGlynn, M.F. Moscati, T. Mundy, A. Powell, L. Rakner, F. Renz, J.M. Scherpe, A. Schuster, S.M. Schuster, N. Seuffert, F. Simkiss, B. Simpson, D. Smythe, E. Tascioglu, F. Vera-Gray, M. Weait, S. Whittle, S. Wilkinson, G. Zago