Intended for use in courses on law and society, as well as courses in women 's and gender studies, women and politics, and women and the law, this book explores different questions in different North American and European geographical jurisdictions and courts, demonstrating the value of a gender analysis of courts, judges, law, institutions, organizations, and, ultimately, politics. Gender and Judging argues empirically for both more women and more feminists on the bench, while demonstrating that achieving these two aims are independent projects.

New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.

Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida's writings on law, as well as using Derrida and Bakhtin to clarify Lawrence's experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible.

This work examines ideas about the role of law and legal reform in the creation of market economies, focusing on the process of post communist transition in Russia. Processes of transition in Russia were guided by a set of very specific neoliberal ideas about the nature of markets and capitalism, about the role of law and the primacy of the economic over the legal and political. These ideas however have come under fire as a result of the Russian experience of transition and the serious problems encountered by reforms. This led to a revision of the original neoliberal ideas, not least concerning the role of law and its relationship to the economic and the political. The result has been the emergence of a much more complex body of ideas about the role law plays in economic transformation. This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia's experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary capitalism. Neoliberalism and the Law in Post Communist Transition will equip scholars and students of development studies, law, political economy and international economics with a critical guide to transition focused on the often neglected legal aspect of the reforms.

This book examines how contemporary migrants form and transform their involvement with the law in their host countries and which factors influence this relationship. It suggests a more comprehensive insight into the socio-legal integration of migrants by analysing the interplay between the new legal environment and migrants' existing culturally-derived values, attitudes, behaviour and social expectations towards law and law enforcement. Acknowledging the superdiversity of migration as a global issue, the book uses the case study of Polish post-2004 EU Enlargement migrants to examine values and attitudes to the rules that govern their work and residence in the UK and to the legal system in general. With wider international relevance than just Poland and the UK, this book makes a case for the meaningful employment of legal culture in socio-legal integration research and suggests far-reaching consequences for host countries and their immigrant communities.

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Bringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issues - both topical and controversial - raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.

An examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, 'virtual mergers' and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports. This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.

How have EU-level actors responded to the increase in salience and contestation across the member states? This volume explores and explains the actors' strategic responses and emphasises that domestic pressure has triggered both depoliticisation and politicisation. Long gone are the times when EU decisions left citizens indifferent, and when the supranational was largely irrelevant for public opinion and electoral politics across the member states. Instead, a string of existential crises has struck and unsettled the Union over more than a decade. These crises have politicised Europe, tested the endurance of the supranational system to its core, and put EU-level actors under unprecedented pressure. This volume explores how and why EU-level actors respond to the various, sometimes competing, 'bottom-up' demands, and challenges the view that domestic contestation necessarily limits EU-level room for manoeuvre. Instead, contributions show that domestic pressure can be perceived as either constraining or enabling, with responses, therefore, ranging from the restrained to the assertive. Driven by the survival of the Union, by the preservation of their own powers, and by different perceptions of domestic demands, actors will choose to politicise or depoliticise decision-making, behaviour, and policy outcomes at the supranational level. The volume concludes that whilst domestic pressure triggers supranational responses, such responses should not be assumed to be restraining; they may equally be empowering including for European integration itself. The chapters in this book were originally published as a special issue of the Journal of European Public Policy.

Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

Capturing a unique historical moment, this book examines the changes in urban life since the collapse of the Soviet Union from an ethnographic perspective, thus addressing significant gaps in the literature on cities, Central Asia and post-socialism.

It encompasses Tashkent, Almaty, Astana and Ulan-Ude: four cities with quite different responses to the fall of the Soviet Union. Each chapter takes a theme of central significance across this huge geographical terrain, addresses it through one city and contextualizes it by reference to the other sites in this volume. The structure of the book moves from nostalgia and memories of the Soviet past to examine how current changes are being experienced and imagined through the shifting materialities, temporalities and political economies of urban life. Privatization is giving rise to new social geographies, while ethnic and religious sensibilities are creating emergent networks of sacred sites. But, however much ideologies are changing, cities also provide a constant lived mnemonic of lost configurations of ideology and practice, acting as signposts to bankrupted futures. Urban Life in Post-Soviet Asia provides a detailed account of the changing nature of urban life in post-Soviet Asia, clearly elucidating the centrality of these urban transformations to citizens understandings of their own socio-economic condition.

'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of Appeal The imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child, Bruce Kercher rewrites history. He reveals that since 1788 there has been a contest between the received legal wisdom of Mother England and her sometimes unruly offspring. The resulting law often suited local interests, but was not always more just. Kercher also shows that law has played a major role in Australian social history. From the convict settlements and the Eureka stockade in the early years to the Harvester Judgement, the White Australia Policy and most recently the Mabo case, central themes of Australian history have been framed by the legal system. An Unruly Child is a groundbreaking work which will influence our understanding of Australia's history and its legal system.

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system.

This book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts. The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.

Security Games: Surveillance and Control at Mega-Events addresses the impact of mega-events - such as the Olympic Games and the World Cup - on wider practices of security and surveillance. "Mega-Events" pose peculiar and extensive security challenges. The overwhelming imperative is that "nothing should go wrong." There are, however, an almost infinite number of things that can "go wrong"; producing the perceived need for pre-emptive risk assessments, and an expanding range of security measures, including extensive forms and levels of surveillance. These measures are delivered by a "security/industrial complex" consisting of powerful transnational corporate, governmental and military actors, eager to showcase the latest technologies and prove that they can deliver "spectacular levels of security". Mega-events have thus become occasions for experiments in monitoring people and places. And, as such, they have become important moments in the development and dispersal of surveillance, as the infrastructure established for mega-events are often marketed as security solutions for the more routine monitoring of people and place. Mega-events, then, now serve as focal points for the proliferation of security and surveillance. They are microcosms of larger trends and processes, through which - as the contributors to this volume demonstrate - we can observe the complex ways that security and surveillance are now implicated in unique confluences of technology, institutional motivations, and public-private security arrangements. As the exceptional conditions of the mega-event become the norm, Security Games: Surveillance and Control at Mega-Events therefore provides the glimpse of a possible future that is more intensively and extensively monitored.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.

View the Table of Contents. Read the Preface.

"This splendid collection of essays by leading legal scholars, on topics ranging from constitutional law to tax law and policy, draws on the best recent scholarship to illuminate how and why contemporary American law addresses--and fails to address--persistent problems caused by the maldistribution of wealth and income in the United States. Accessible to non-specialists, the essays are full of provocative insights and arguments."
--Mark Tushnet, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center

"A brilliant collection of essays--each one brisk and authoritative. Altogether they show that class--the increasingly unbridgeable gap between rich and poor--is the biggest challenge to our national and global dreams of freedom and equality. Not only does the volume avoid the unevenness that plagues most groups of essays, but they are uniformly lively and interesting."
--Barbara Allen Babcock, Judge John Crown Professor, Emerita, Stanford Law School

"In this much-needed book, twenty-five specialists reveal how the growing gulf between Haves and Have-nots has distorted their fields of law--invariably to the advantage of the Haves. If you are concerned at the injustice of putting our lawmaking institutions up for sale to the highest bidders, this book is for you. If you are not concerned, where have you been?"
--Kenneth L. Karst, David G. Price and Dallas P. Price Professor of Law Emeritus, University of California, Los Angeles

In Law and Class in America, a group of leading legal scholars reflect on the state of the law from the end of the Cold War to the present, grappling with a centralquestion posed to them by Paul D. Carrington and Trina Jones: have recent legal reforms exacerbated class differences in America? In a substantive introduction, Carrington and Jones assert that legal changes from the late-20th century onward have been increasingly elitist and unconcerned with the lives of poor people having little access to the legal system. Contributors use this position as a springboard to review developments in their own particular fields and to assess whether or not legal decisions and processes have contributed to a widening gap between privileged and unprivileged people in this country.

From antitrust and bankruptcy to tax and election law, the essays in this unique volume invite readers to reflect thoughtfully on socio-economic justice in the new century, and suggest that a lack of progressive reform in all areas of law may herald a form of undiagnosed class dominance reminiscent of America's Gilded Age.

Contributors: Margaret A. Berger, M. Gregg Bloche, David L. Callies, Paul D. Carrington, Paul Y. K. Castle, Lance Compa, James D. Cox, Paula A. Franzese, Marc Galanter, Julius G. Getman, Lawrence O. Gostin, Joel F. Handler, Trina Jones, Thomas E. Kauper, Sanford Levinson, John Linehan, Joseph D. McNamara, Burt Neuborne, Jeffrey O'Connell, Judith Resnik, Richard L. Schmalbeck, Danielle Sarah Seiden, Richard E. Speidel, Gerald Torres, David M. Trubek, Elizabeth Warren, and Lawrence A. Zelenak.

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

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.

Adjudication in Action describes the moral dimension of judicial activities and the judicial approach to questions of morality, observing the contextualized deployment of various practices and the activities of diverse people who, in different capacities, find themselves involved with institutional judicial space. Exploring the manner in which the enactment of the law is morally accomplished, and how practical, legal cognition mediates and modulates the treatment of cases dealing with sexual morality, this book offers a rich, praxeological study that engages with 'living' law as it unfolds in action. Inspired by Wittgenstein's later thought and engaging with recent developments in ethnomethodology and conversation analysis, Adjudication in Action challenges approaches that reduce the law to mere provisions of a legal code, presenting instead an understanding of law as a resource that stands in need of contextualization. Through the close description of people's orientation to and reification of legal categories within the framework of institutional settings, this book constitutes the first comprehensive study of law in context and in action.

Addressing three central questions of legal policy, this is an interesting and comprehensive analysis of the need to control and regulate tobacco consumption. The core issues of the book are litigation vs. regulation with a comparative analysis of the US and European approaches; the challenge to regulate tobacco as a lawful product within constitutional limits to promote the reduction of risks to health and the extent to which consumers should be entrusted with information to make their own informed choices. Suggesting dialogue and transparency in policy development, this book covers advertising, psychology, ethics, economics and health in addition to the central debate about the litigation and regulation of tobacco and the role of consumer protection law and private law.

The current Syrian crisis has its roots in the sectarian nature of the country's multi-religious society. Since Ottoman times, the different religious communities have enjoyed the right to regulate and administer their own family relations. Matters of personal status including marriage, divorce, child custody and inheritance continue to be managed by a variety of religious laws and courts operating simultaneously within the legal system of the state. However, this complex system of competing jurisdictions has also affected inter-communal relations and has been used to deepen communal divides. Esther van Eijk discusses socio-legal practices in Syria by focusing on three courts: a shar'iyya, a Catholic court and a Greek-Orthodox court. While the plurality of Syrian family law is clear, she shows how - irrespective of religious affiliation - it is nevertheless characterised by the prevalence of shared cultural or patriarchal views and norms on marital relations, family and gender. Based on extensive fieldwork, Family Law in Syria offers a detailed analysis of a country that has in recent years been inaccessible to researchers.The book is a vital contribution to the growing literature on personal status laws in the Middle East and sheds light on the historical, socio-political and religious complexities and fault-lines that mark contemporary Syria.

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.