Population ageing poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law. Providing a deepened understanding of population ageing in terms of vulnerability, intergenerational conflict and solidarity, expert contributors highlight the necessity for a contextualized ageing concept. As well as offering a comparative analysis of active ageing policies across the EU, this book examines a range of topics including age discrimination in employment and the freedom of movement of EU citizens from the ageing individual's point of view. It also goes on to describe elder care developments, discussing the ageing individual's autonomy in relation to both traditional inheritance rights and growing instances of dementia. Timely and engaging, this book will appeal to academic scholars and students in relevant areas of law as well as those studying across the social sciences. Exploring a broad range of socio-legal issues in relation to demographic ageing, it will also inform legal practitioners and policymakers alike. Contributors include: M. Axmin, A. Blackham, C. Brokelind, J. Fudge, E. Holm, A. Inghammar, M. Katzin, M. Kullmann, T. Mattsson, P. Norberg, A. Numhauser-Henning, H. Pettersson, M. Roennmar, E. Ryrstedt, K. Scott, E. Trolle OEnnerfors, C. Ulander-Wanman, J.J. Votinius, A. Zbyszewska

Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion.
The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

In 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.' - Ray Pawson, University of Leeds, UK Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

This innovative Research Handbook explores recent developments at the intersection of international law, sociology and social theory. In doing so, it highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers. The diverse body of expert contributors discuss a wide range of methodologies and approaches - including those inspired by the giants of twentieth century social thought, as well as emergent strands such as computational linguistics, performance theory and economic sociology. With chapters exploring topical areas including the globalization of law, economic globalization, property rights, global governance, international legal counsel, social networks, and anthropology, the Research Handbook presents a number of paths for future research in international legal scholarship. Full of original insight, this interdisciplinary Research Handbook will be essential reading for academics and scholars in international law and sociology, as well as postgraduate students. Lawyers practicing in international law will also find this a stimulating read. Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan, K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs, B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R. Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A. Sarfaty, D. Schneiderman, W.G. Werner

This timely book is an investigation of the highly debated questions: do coroners' recommendations save lives and how often are they implemented? It is the first socio-legal investigation of coroners' recommendations from several countries. Based on an extensive study, it analyses Coroner's Court findings and litigation from Canada, England, Ireland, Australia and Scotland as well as over 2000 New Zealand coroners' recommendations and includes more than 100 interviews and over 40 surveys. The book probes coroners', organisations' and families' experiences of the Coroner's Court in detail and includes substantial quotations from, and discussion of, their experiences. The data analyzed demonstrates that while coronial recommendations can be useful tools for intervention and policy development, coroners' contribution to morbidity and mortality prevention at the population level requires further development. In addition to coroners, lawyers, health practitioners, families, organisations and policy makers, researchers from Law, Medicine and the Social Sciences will find this pioneering volume an important and illuminating resource. Contents: 1. Learning From Death 2. Coronial Jurisdictions 3. Coroners' Recommendations 4. Do Coroners' Recommendations ''Disappear Into A Black Hole?'' 5. The Promise Of Saved Lives: Coroners' Preventive Function 6. Mandatory Responses To Coroners' Recommendations 7. Dying For Change Index

The Research Handbook on International Abortion Law provides an in-depth, multidisciplinary study of abortion law around the world, presenting a snapshot of global policies during a time of radical change. With leading scholars from every continent, Mary Ziegler illuminates key forces that shaped the past and will influence an unpredictable future. In addition to basic, fundamental concepts, this Research Handbook offers valuable insight into new developments in law and medical practice, from medication abortion to the rise of illiberal democracy, and explores the evolution of social movements for and against illegal abortion in a wide variety of national contexts. This is a crucial reference for students, scholars, professors, and policymakers interested in the complexities of abortion law and politics, and the influences that are crossing borders and shaping the present moment.

Could the courts really order the death of your innocent baby? Was there an illegal immigrant who couldn't be deported because he had a pet cat? Are unelected judges truly enemies of the people?

Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society.

Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit.

Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are - be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system - lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

This cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is ''ground up'' without regard to unified paradigms of research or objects of study. Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers. Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. Thomas

Violence has only increased in Mexico since 2000: 23,000 murders were recorded in 2016, and 29,168 in 2017. The abundance of laws and constitutional amendments that have cropped up in response are mirrored in Mexico's fragmented cultural production of the same period. Contemporary Mexican literature grapples with this splintered reality through non-linear stories from multiple perspectives, often told through shifts in time. The novels, such as Jorge Volpi's Una novela criminal [A Novel Crime] (2018) and JuliAn Herbert's La casa del dolor ajeno [The House of the Pain of Others] (2015) take multiple perspectives and follow non-linear plotlines; other examples, such as the very short stories in !Basta! 100 mujeres contra la violencia de gEnero [Enough! 100 Women against Gender-Based Violence] (2013), also present multiple perspectives. Few scholars compare cultural production and legal texts in situations like Mexico, where extreme violence coexists with a high number of human rights laws. Unlawful Violence measures fictional accounts of human rights against new laws that include constitutional amendments to reform legal proceedings, laws that protect children, laws that condemn violence against women, and laws that protect migrants and indigenous peoples. It also explores debates about these laws in the Mexican house of representatives and senate, as well as interactions between the law and the Mexican public.

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China's IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China's global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China's deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

While vulnerability is a concept often mentioned in labour law and employment policy discourse, its precise meaning can remain elusive. This book provides rigorous theoretical analysis and contains fresh insights to aid our understanding of vulnerability. It is a stimulating contribution to the debate on how legal regulation responds to the changing characteristics of today's labour market.' - Mark Bell, The University of Dublin, Ireland The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as 'vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

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

All over the world, private and public institutions have been attracted to "nudges," understood as interventions that preserve freedom of choice, but that steer people in particular directions. The most effective nudges are often "defaults," which establish what happens if people do nothing. For example, automatic enrollment in savings plans is a default nudge, as is automatic enrollment in green energy. Default rules are in widespread use, but we have very little information about how people experience them, whether they see themselves as manipulated by them, and whether they approve of them in practice. In this book, Patrik Michaelsen and Cass R. Sunstein offer a wealth of new evidence about people's experiences and perceptions with respect to default rules. They argue that this evidence can help us to answer important questions about the effectiveness and ethics of nudging. The evidence offers a generally positive picture of how default nudges are perceived and experienced. The central conclusion is simple: empirical findings strongly support the conclusion that, taken as such, default nudges are both ethical and effective. These findings, and the accompanying discussion, have significant implications for policymakers in many nations, and also for the private sector.

In these vibrant narratives, 25 of the world’s most accomplished movement lawyers and activists become storytellers, reflecting on their experiences at the frontlines of some of the most significant struggles of our time. In an era where human rights are under threat, their words offer both an inspiration and a compass for the way movements can use the law – and must sometimes break it – to bring about social justice.

The contributors here take you into their worlds: Jennifer Robinson frantically orchestrating a protest outside London’s Ecuadorean embassy to prevent the authorities from arresting her client Julian Assange; Justin Hansford at the barricades during the protests over the murder of Black teenager Mike Brown in Ferguson, Missouri; Ghida Frangieh in Lebanon’s detention centres trying to access arrested protestors during the 2019 revolution; Pavel Chikov defending Pussy Riot and other abused prisoners in Russia; Ayisha Siddiqa, a shy Pakistani immigrant, discovering community in her new home while leading the 2019 youth climate strike in Manhattan; Greenpeace activist Kumi Naidoo on a rubber dinghy in stormy Arctic seas contemplating his mortality as he races to occupy an oil rig.

The stories in The Revolution Will Not Be Litigated capture the complex, and often-awkward dance between legal reform and social change. They are more than compelling portraits of fascinating lives and work, they are revelatory: of generational transitions; of epochal change and apocalyptic anxiety; of the ethical dilemmas that define our age; and of how one can make a positive impact when the odds are stacked against you in a harsh world of climate crisis and ruthless globalization.

Educational equality has long been a vital concept in U.S. law and policy. Since Brown v. Board of Education, the concept of educational equality has remained markedly durable and animated major school reform efforts, including desegregation, school finance reform, the education of students with disabilities and English language learners, charter schools, voucher policies, the various iterations of the Elementary and Secondary Education Act (including No Child Left Behind), and the Stimulus. Despite such attention, students' educational opportunities have remained persistently unequal as understandings of the goals underlying schooling, fundamental changes in educational governance, and the definition of an equal education have continually shifted. Drawing from law, education policy, history, and political science, this book examines how the concept of equality in education law and policy has transformed from Brown through the Stimulus, the major factors influencing this transformation, and the significant problems that school reforms accordingly continue to face."

This book provides an authoritative overview of the contemporary phenomenon widely labelled as 'acid attacks'. Although once thought of as a predominantly 'gendered crime', acid and other corrosive substances have been used in a range of violence crimes. This book explores the historical use of corrosives in crime, legal definitions of such attacks, the contexts in which corrosives are used, victim characteristics, offender motivations for carrying and decanting corrosives, and preventative strategies. Data is drawn from the international literature and the analysis of primary data collected in the UK (which is thought to have one of the highest rates of acid attacks in the world) from interviews with over 20 convicted offenders and from police case files relating to over 1,000 crimes involving corrosive substances. This book adds significantly to the international literature on weapons carrying and use, which to date has predominantly focused around the possession and use of guns and knives.

This book explores how small businesses respond to the law. By detailing the intricate ways in which businesses come to comply with or violate legal regulations, it shows a very different picture of compliance that completely changes the way we think about how businesses respond to the law, how we can capture such responses, and what explains their behaviors. The book moves us beyond a static and single-perspective approach to compliance, where firms are seen as obeying or breaking a specific rule at a specific point in time. Instead, it offers a dynamic view of compliance as it manifests in daily business, where firms must comply with a host of legal rules and must do so over a long period of time. This timely book is especially valuable to three main groups: to compliance practitioners and regulatory enforcement agents, who are increasingly forced to consider how compliance management and enforcement practices actually affect compliance; to regulatory governance scholars (in public administration, law, sociology, and management science), for whom compliance is a central aspect; and to scholars of Chinese law, who realize that compliance is a central challenge that the Chinese legal system must overcome.

There are multiple aspects of electronically-mediated communication that influence and have strong implications for legal practice. This volume focuses on three major aspects of mediated communication through social media. Part I examines social media and the legal community. It explores how this has influenced professional legal discourse and practice, contributing to the popularity of internet-based legal research, counselling and assistance through online services offering explanations of law, preparing documents, providing evidence, and even encouraging electronically mediated alternative dispute resolution. Part II looks at the use of social media for client empowerment. It examines how it has taken legal practice from a formal and distinct business to one that is publicly informative and accessible. Part III discusses the way forward, exploring the opportunities and challenges. Based on cases from legal practice in diverse jurisdictions, the book highlights key issues as well as implications for legal practitioners on the one hand, and clients on the other. The book will be a valuable reference for international scholars in law and other socio-legal studies, discourse analysis, and practitioners in legal and alternative dispute resolution contexts.

How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.

The common law action for breach of promise of marriage originated in the mid-seventeenth century, but it was not until the nineteenth century that it rose to prominence and became a regular feature in law courts and gossip columns. By 1940 the action was defunct, it was inconceivable for a respectable woman to bring such a case before the courts. What accounts for this dramatic rise and fall? This book ties the story of the action's prominence and decline between 1800 and 1940 to changes in the prevalent conception of woman, her ideal role in society, sexual relations, and the family. It argues that the idiosyncratic breach-of-promise suit and Victorian notions of ideal femininity were inextricably, and fatally, entwined. It presents the nineteenth-century breach-of-promise action as a codification of the Victorian ideal of true womanhood and explores the longer-term implications of this infusion of mythologized femininity for the law, in particular for the position of plaintiffs. Surveying three consecutive time periods - the early nineteenth century, the high Victorian and the post-Victorian periods - and adopting an interdisciplinary approach that combines the perspectives of legal history, social history, and literary analysis, it argues that the feminizing process, by shaping a cause of action in accordance with an ideal at odds with the very notion of women going to law, imported a fatal structural inconsistency that at first remained obscured, but ultimately vulgarized and undid the cause of action. Alongside more than two hundred and fifty real-life breach-of-promise cases, the book examines literary and cinematic renditions of the breach-of-promise theme, by artists ranging from Charles Dickens to P.G. Wodehouse, to expose the subtle yet unmistakable ways in which what happened (and what changed) in the breach-of-promise courtroom influenced the changing representation of the breach-of-promise plaintiff in nineteenth- and early twentieth-century literature and film.