Providing interdisciplinary and empirically grounded insights into the issues surrounding gender and migration into and within Europe, this work presents a comprehensive and critical overview of the historical, legal, policy and cultural framework underpinning different types of European migration. Analysing the impact of migration on women's careers, the impact of migration on family life and gender perspectives on forced migration, the authors also examine the consequences of EU enlargement for women's migration opportunities and practices, as well as the impact of new regulatory mechanisms at EU level in addressing issues of forced migration and cross-national family breakdown. Recent interdisciplinary research also offers a new insight into the issue of skilled migration and the gendering of previously male-dominated sectors of the labour market.

Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the 'black box' of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.

Recent significant developments in the European space sector have had an impact on business and the growth of national and European commercial space law. This book analyses and assesses the legal issues and key factors influencing the space sector in Europe. It is an up-to-date guide to the regulatory background of space projects and examines the typical legal problems which need to be solved by practitioners in the field. Taking into account public and commercial international law and practice, this book examines substantive issues of law specific to launchers, satellite manufacturers and space service providers with contributions from leading experts and practitioners in the field of European space law and policy.

An appreciation of the development and evolution of the United Kingdom constitution is vital in order to understand the existing nature of the constitution, proposals for reform and the many complex challenges it faces. Ann Lyon presents a vivid overview of fourteen hundred years of English legal history taking us on a rich journey from a feudal society to the fractured Union of the present day. Drawing on key constitutional themes, Constitutional History of the United Kingdom provides insight and context to modern constitutional problems. This second edition has been revised and updated to bring coverage up to the present day, including parliamentary reform; the Scottish referendum on independence and further drives for enhanced devolution; the effect of EU membership on the UK Constitution; and the impact of the European Convention on Human Rights and the Human Rights Act 1998. Constitutional History of the United Kingdom offers an accessible and highly valuable overview for students with little or no prior knowledge of British history.

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

Puppies nubile, tender, and pure have become endeared to U.S. society, and to some extent, the world. Puppies are the holy grail of animal companions to Americans. They are glorified above other animals and protected by numerous laws, yet they are systematically, lawfully, and illegally abused, tortured, and killed. A vast array of opinions, policies, protocols, rules, regulations, and laws govern treatment or mistreatment of puppies demonstrating that appreciation for puppies is neither ubiquitous, nor superseding. Puppies may be subjected to painful product testing in the U.S., but not in Europe, despite their glorified status above other animals. This book details the myriad of laws, policies, attitudes, misfortunes, and processes shaping puppies' lives in America. Specialized topics such as Bestiality, Child Grooming, Pornography, Film, Mythology, and Art are addressed to build an argument that overall, treatment of puppies in the U.S. reflects priorities, needs, values, and morals which are contextually based on human desires, capabilities, survival mechanisms, altruism, American family life, and the economy. The randomized yet selective treatment of puppies typifies American culture, and to some extent other cultures, at least in the American purview. The author analyzes physiological comparisons between humans and dogs to discover why Americans may be so interested in puppies. The foundations of this research are law, social and behavioral science, policies, history, politics, animal studies, animal welfare, criminal justice, sociology, anthropology, and current events.

Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory, and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection comprises eleven contributions approaching re-embodiments from a multiplicity of fields, including legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized into three parts: 'Beyond Modernity', 'The Sacred Dimension' and 'The Legal Dimension'. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically.

University can be a psychologically distressing place for students. Empirical studies in Australia and the USA highlight that a large number of law students suffer from psychological distress, when compared to students from other disciplines and members of the general population. This book explores the significant role that legal education can play in the promotion of mental health and well-being in law students, and consequently in the profession. The volume considers the ways in which the problems of psychological distress amongst law students are connected to the way law and legal culture are taught, and articulates curricula and extra-curricula strategies for promoting wellbeing for law students. With contributions from legal academics, legal practitioners and psychologists, the authors discuss the possible causes of psychological distress in the legal community, and potential interventions that may increase psychological well-being. This important book will be of interest to legal academics, law students, members of the legal profession, post-graduate researchers as well as non-law researchers interested in this area.

The law relating to town and country planning has a major impact upon the physical environment and affects private citizens, landowners and developers alike. This third edition is a comprehensive text for students, practitioners and members of the general public on this difficult area of law. Following the Planning and Compulsory Purchase Act 2004, the third edition of Planning Law and Practice contains a complete revision of plan-making and the control of development as well as incorporating recent case law. Together this provides up-to-date details of the operation of the current English planning system. The successful format adopted in the first edition of this book, which was awarded the Gold Award for Best Reference Work by the Chartered Institute of Building in 1999, has been retained. Planning legislation is dealt with in the main chapters, while further chapters use relevant case law to amplify the sometimes complex statutory material. In addition, the book outlines other areas of land law such as European legislation, non-planning controls and public investment.

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

Topics covered include: spousal withholding of conjugal relations; halakhic understandings of the parent-child relationship; corporal punishment of children; the prohibition against seeking a second ruling after something has been declared forbidden; the agent who carries out his mandate for his own benefit, not the principal's; mid-twentieth century London organizations for the advancement of Jewish law.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf

The proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment 'speech'? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence - and increasing use of - virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies. This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners. Contributors include: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. Yadin

Cyber hate can take many different forms from online material which can lead to actual offline abuse and violence, cyber violence; cyber stalking, and online harassment with the use of visual images, videos, chat rooms, text and social media which are intended to cause harm. This book examines the case for current guidelines dealing with online anti-Muslim abuse and concludes that we require a new understanding of this online behaviour and the impact it can have on vulnerable communities. It is unique as it focuses on new technology in the form of social media and the Internet and explores the challenges the police and other agencies face when confronting anti-Muslim abuse in cyberspace. It also provides a critique of how people are targeted by online offenders and helps us understand online anti-Muslim behaviour in a much more detailed and comprehensive way by bringing together a range of experts who will examine this phenomenon and critically discuss why they think it has become so much more prevalent than it was before.

This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the 'threat' of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of 'squatting'. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

This book, based on extensive ethnographic material, analyzes the complex relationships between the law and various social controls, helping to answer the question of how social order is formed. Formal law exists in a web of complex structures and meanings. Accordingly, legal study must take into account multiple types of order, allowing us to understand in depth the strengths and weaknesses, reasonable and absurdity, and successes and failures of the law. In addition, the interactions of numerous actors shape the structure and context of the law. Exploring these aspects-while also highlighting diverse informal/non-state norms that influence day-to-day social practices, and which have never been replaced by modern laws-the book offers an insightful resource for all readers who are interested in the practice of Chinese law or in the connections between culture, society, and the law.

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union's objective of 'the strict observance and the development of international law', the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.

Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China's legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China's newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China's deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China's domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China's most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

The dramatic results of the 2014 European Parliament elections have highlighted the European Union's urgent need for a review of the scope and purpose of its social objectives and for a reordering of European priorities. This book advocates a radical and original alternative to the current philosophy that determines the set of rules for the awarding of EU public procurement contracts. It calls for a reordering of the EU's economic and social priorities. In doing so, it advocates for a social dimension to be placed at the core of public procurement, which could elicit a social model of integration in the EU in which the European citizen is the key actor. This is achieved through an analytical approach as well as concise and contextualised explanations relating to free trade theories, poverty and public interest theories. This book will be of key interest to students and scholars of the European Union, political theory, and EU law.

Prior to the 1950s, it was remarkably easy for police to arrest people for a wide variety of activities performed in the streets. Throughout the country, vagrancy laws were far-reaching and pervasive. Yet by the end of the 1960s, streets across America hosted both massive political protests and a cultural revolution that reshaped not only the nation's public spaces, but more broadly its public life. For the era or against it, virtually all agreed that America after the 1960s was starkly different than before it. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking explanation of the transformation. Focusing on Court decisions that loosened vagrancy laws and opened up the streets to Americans in all their variety, she shows how legal change helped fuel highly public social movements advocating everything from civil rights to peace to gay rights to cultural revolution. Indeed, increased access to the streets increased their public presence and thereby social power. The book is a brilliant example of how a seemingly small event -alteratations to the relatively minor crime of vagrancy-can contribute to a social revolution. Not only that, Goluboff powerfully demonstrates how the courts can advance social change-make history, so to speak. The vagrancy laws were that were on the books virtually everywhere in the 1950s served as a catchall device for police forces intent on establishing public order; you could be arrested for everything from causing a disturbance to behaving in a way contrary to the norm-fraternizing with a member of another race, for example, or publically preaching non-mainstream beliefs like communism. Given the very fluid interpretation of vagrancy, police inevitably abused it to the point where they could arrest almost any "nonconforming" person. Once the Supreme Court began invalidating these laws, it opened up public space to any manner of dissenter or nonconformist: hippies, war protestors, civil rights activists, interracial couples, gays, and, of course, vagrants-all the people occupying spaces previously off-limits to them. Goluboff's account is not just a investigation of the relationship between law and social change, however. It is also a ground-up history-from Skid Row to the Supreme Court-of the culture wars between the New Left and New Right. The results of these battles are abundantly evident today in both positive ways-like the increased openness to all in America's public spaces-and negative ways-especially the explosion of homelessness afterward. In sum, she shows that major societal changes can result not only from big waves, but from seeming ripples too.