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This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform. Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion. Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.
This timely book explores a critical new juncture where globalisation is in retreat and global norms of behaviour are not converging. Frank Vibert provides an expert analysis on how this situation has arisen from a combination of changes in the relative power and position of nations and the different values behind the organisation of domestic government in democracies and authoritarian states. Vibert challenges the assumption that differences in the way countries organise their domestic form of government can be kept separate from rulemaking at the international level. The book examines how democracies can defend their own values relative to others, the methods of influence, and the ways of managing conflict between contending values. Comity maps a path away from impasse to where democracies cooperate to make rules for themselves that can then be extended to others. It also discusses the legitimacy of this form of international rulemaking. Vibert concludes with the need for democracies to address their own democratic backsliding and to refresh their alliances with other democracies. This book steps back from conventional claims that we are heading towards an ever more globalised world and sets out the importance of norms in shaping institutions, relationships and the techniques of rulemaking. The book will be critical reading for scholars of international relations, constitutional and administrative law, regulation, and international politics. It will also be useful for practitioners in international organisations, governments and administrative bodies.
This timely book investigates the issue of counterfeit and falsified medicines (CFM) in the EU, identifying that this is a problem that lies at the intersection of three spheres of law - medicine, intellectual property (IP), and criminal law. The book highlights key issues such as infiltration of the legal supply chain and the involvement of organised crime, analysing relevant EU law and demonstrating the challenges of CFM. Using examples from several case studies, Vishv Priya Kohli reveals the gaps in the current legal framework, underlining the particular difficulties created by the interplay between different areas of law as well as the lack of criminal penalties. The author explores areas where improvements have already been made, in particular through the Falsified Medicines Directive, and articulates a number of recommendations to fill in the gaps, for example by harmonizing criminal law and building synergies within law enforcement. Counterfeit and Falsified Medicines in the EU will be of great interest to academics and students in IP, health and medical law, and criminal law in the EU. It will also prove valuable for practitioners and policymakers working in and with enforcement authorities in the EU, as well as those working in the medical field itself.
This thought-provoking book critically analyses the interaction of innovation, technology and corporate law. It highlights the impact of technology, including artificial intelligence and distributed ledger technology, on corporate governance and form, examining the extent to which technology may enhance or displace conventional theories and practices concerning corporate governance and regulation. Expert contributors from multiple jurisdictions identify themes and challenges that transcend national boundaries and confront the international community as a whole. Chapters investigate corporate form, governance democratisation resulting from the more prevalent use of technology, the introduction of new classes of stakeholders and novel fund-raising activities and the impact of technology on corporate governance and regulatory supervision. Offering theoretical, practical and policy perspectives on the integration of technology with corporate governance and regulation, it provides a key contribution to the broader debate concerning the impact of technology on modern life. This insightful book should stimulate incisive academic discourse and will be of value to students and scholars of corporate, business and technology law. It will also be of benefit to legal practitioners, regulators and policy-makers interested in technological innovation.
Now in its second revised edition, Labour Law in Practice has sold over 10 000 copies and has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice.
Andrew Levy, arguably South Africa’s best-known labour resource, has over 50 years’ experience in the field, and has taught and trained thousands of students and managers. In Andrew’s opinion, labour relations are not difficult – it is really a matter of common sense and being able to judge an issue based on the facts. His teaching method is to reduce complex issues into simple and logical steps, and then to show how these can be taken with confidence.
Written in an easy-to-understand style and laid out in an accessible format, this book covers all essential labour law areas, including hiring new staff, terminating employment contracts, handling poor performance and misconduct, and managing staff attendance, leave and remuneration. The new edition has been updated to include topics such as minimum wage, the use of short-term contracts and labour brokers, up-to-the-minute labour law amendments, and strike handling.
An essential read for any employer or business owner.
Arthur Chaskalson: A Life Dedicated to Justice for All is a biography of a remarkable life lived in service both to law and to the struggle for social change and justice. The social change it describes is the victory over apartheid, which was won on several fronts and through the efforts of people in many nations, but an important one of those fronts lay in the courts of South Africa itself.
Arthur Chaskalson’s life story and the four phases of his remarkable career – advocate at the Johannesburg Bar; founder and leader of the Legal Resources Centre; his involvement in the constitution-making process; and his term as the first Chief Justice of South Africa’s Constitutional Court – embody the story of law in the struggle against apartheid and then in a newly created democracy. At the same time, Chaskalson’s chronicle is also individual, the shaping of the moral intelligence of a lawyer and a judge, trusted by everyone he dealt with, through the fires of a lifetime’s opposition to a society’s injustice.
In exploring Chaskalson’s life and career, we appreciate more clearly the roles lawyers can play in social change and the achievement of a just social order, and at the same time we gain insight into the combination of upbringing, experience and character that shapes a man first into a ‘cause lawyer’ and then into a path-breaking and foundation-laying judge.
A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.
This insightful book provides readers with an in-depth discussion of the use of benchmarking in regulation in the European transport sector. It argues that benchmarking is invaluable to regulators, particularly in the transport sector where the pressures of competition in - or for - the market are often absent. Written by a range of expert contributors, chapters offer an analysis of methodology and data requirements, as well as practical examples of the use of benchmarking in the main transport modes (such as road, rail, seaports, airports and local public transport). Utilising illuminating case studies, the book also reviews the importance of benchmarking in the application of European competition law and considers the issue of obtaining appropriate and reliable data to achieve this. Benchmarking and Regulation in Transport will be an essential read for researchers, scholars and students in the fields of economic regulation, governance, transport economics and transport law. It will also be useful for policymakers and regulators who wish to further their understanding of the benefits of benchmarking in an efficiency-enhancing public policy strategy, especially within transport infrastructure.
Blackstone's Police Q&As 2021 are the essential revision tool for all police officers sitting the NPPF Step Two Legal Examination. They are created to follow Blackstone's Police Manuals, the only study guides endorsed by the College of Policing. Blackstone's Police Q&A's are undoubtedly providing the most authoritative means of self-testing outside of the promotion examinations. Arranged in four volumes of Crime, Evidence and Procedure, Road Policing, and General Police Duties, reflecting the Blackstone's Police Manuals and the NPPF Syllabus 2021, you have access to hundreds of multiple-choice questions designed to reinforce knowledge and understanding. Matching the only format of questions you will see in a NPPF Step Two Legal Examination, each question has a detailed and comprehensive answer that highlights not only the correct response, but also the reasoning so that you understand the law and how it should be applied in practice and, as importantly, why the incorrect responses are wrong. This is essential for building your understanding of the syllabus and how it will be examined and also allows candidates to highlight any gaps or weaknesses in their knowledge. Each Q&A includes full cross-references to the relevant Manual paragraphs and Keynotes encourage more effective studying, while a question checklist helps you track your progress. The 2021 editions contain new and revised questions, reflecting changes in the Blackstone's Police Manuals. All four volumes have been updated in line with recent changes to legislation. Blackstone's Police Q&As are also available as part of our online Blackstone's Police Manuals and Q&As service: www.blackstonespoliceservice.com
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this thoroughly revised and updated second edition, Mariana Mota Prado and Michael J. Trebilcock offer a succinct and readable introduction to the main concepts and debates in the field of law and development. They examine the role of legal systems and institutions, investigate perceptions around what laws and legal arrangements encourage and facilitate development, and probe the issues arising in both private law and public law as well as in international economic relations. Key features of the second edition include: Discussion of the role of technology in promoting development Analysis of the potential impact of the Covid-19 pandemic on developing countries A brand new chapter investigating the role of health and education in development Written with the insight of two top experts in the field, this Advanced Introduction covers the most recent trends in law and development research and highlights areas that remain underexplored. It will be essential reading for students, practitioners and policy-makers looking to gain a clear understanding of the core principles of this multifaceted topic.
This is a portable reference for anyone who needs Chinese legal terms at their fingertips. The book is designed to help communicate in real-life situations where it is vital to quickly find a legal term or phrase in Chinese.
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy. Exploring both the historical and contemporary conflicts and controversies surrounding the free trade vs fair trade debate, from the perspective of both developed and developing countries, the book illuminates the nuances of such issues as trade deficits, currency, subsidies, intellectual property rights, health and safety and environmental standards and competition policy. Navigating the Free Trade - Fair Trade Fault-lines completes the journey by bringing us squarely into our times with a discussion on the implications of worldwide pandemics for international trade, and with an additional focus on the current trade conflict between the US and China. Packed with insight and reasoned analysis, this short but powerful book will be an essential read for seasoned experts and newcomers alike. The book offers thought-provoking guidance to policy makers, lawyers, economists, scholars and anyone with a stake in the future of the international trading system.
This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn. Written by a group of scholars from a wide range of different geographical and theoretical backgrounds, this Research Handbook contributes to a better understanding of the practice of cities in various fields of international law ranging from climate change over human rights and migration to security governance. Additionally, it offers reflections on how to account for this urban turn in the light of historical and cross-cutting theoretical perspectives from legal and non-legal scholarship alike. Combining doctrinal work and analysis of international practice with critical historical and theoretical contributions, this Research Handbook will be a must-have reference book for researchers and students in the field of international law as well as other disciplines, including human geography, urban studies, sociology and political science.
This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more than twenty years since the publication of the first edition.
The principles of extinctive prescription have been scrutinised by the courts in numerous reported cases over this period, including prominent judgments of the Constitutional Court dealing with the justification for extinctive prescription, the concept of ‘debt’, and the knowledge requirement for prescription to begin to run. This edition also examines the principles governing the co-existence of the 1969 Prescription Act and prescription or time limitation provisions in other statutes, with reference to certain prominent examples. A new chapter 12 deals with procedure.
Reported cases continue to illustrate the practical importance of extinctive prescription and the thorough analysis of theory and policy required for its application.
The Marriage and Matrimonial Property Law Amendment Act (3) of 1988, together with the Divorce Act (70) of 1979, has brought about fundamental changes to the South African law of marriage. Prior to its enactment, black persons had been almost entirely excluded from the operation of the Matrimonial Property Act (88) of 1984, and it was only in 1988 that the Amendment Act (3) extended the ameliorations of 1984 to their civil marriages. This book discusses the ramifactions of this in detail, as well as dealing with the implications of the South African constitution. It refers to comparative law and the literature that describes important and similar developments in other jurisdictions.
Two brand-new legal thrillers in one book - from the author of Juror No. 3 _____________________________ A young lawyer takes on the judge who is destroying her hometown - and ends up behind bars... In picture-perfect Erva, Alabama, the most serious crimes are misdemeanors. Speeding tickets. Shoplifting. Contempt of court. Then why is the jail so crowded? And why are so few prisoners released? There's only one place to learn the truth. Sometimes the best education a lawyer can get is a short stretch of hard time. INCLUDES BONUS STORY: POWER OF ATTORNEY
This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also highlights the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks. Competition Law in the EU will be an invaluable resource for advanced undergraduate and masters-level students of European or comparative competition law. The textbook will also be beneficial to other postgraduate researchers and practitioners; in particular, it will be a useful guide for in-house company training courses. Key features include: A focus on the European and national dimensions of the EU competition rules, including the shared enforcement responsibilities of the European Commission and national authorities Analysis of recent developments in competition law, including digital markets Discussion of the impact of issues such as Brexit and the Covid-19 pandemic Critical assessment and thorough analysis of the most significant competition law issues.
Through the lens of five institutional functions - quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning - this important book assesses the practice and legal foundations of the United Nations General Assembly in advancing international justice, an increasing priority of the international community. Challenging the assumption that the General Assembly is merely a weak deliberative assembly, Michael Ramsden shows that its pioneering resolutions on international justice have become an invaluable tool in the fight against impunity. As concerns remain over the aptness of international institutions in responding to atrocities, particularly the Security Council, this book establishes the legal foundation for the General Assembly to step into the breach. Chapters also offer innovative arguments on the General Assembly's institutional powers to end impunity as well as a detailed examination on the influence of General Assembly resolutions in judicial decision-making. International Justice in the United Nations General Assembly will be a key resource for scholars and students in the fields of international law and international institutional law, as well as UN and international institutional practitioners who are involved in policy development.
This insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems. Jin Sheng reflects on and connects a series of issues of global significance, such as the economic Cold War, global debt, industrialisation and development in the developing world, and the changing international economic order. In so doing the author posits that the BRI's ultimate objective is to export China's development model, which is characterised by a focus on exports, experimentalism, and oversupply of currency. The book also critically examines China's ambition to dominate the international economic order and set up its own favoured international rules. Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific will be an important read for researchers and policy makers in the fields of law, development and finance in the Asia-Pacific region.
Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.
Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”
In August 1952, the distinguished British scientist Sir Jack Drummond, alongside his wife, Lady Ann, and their ten-year-old daughter, Elizabeth, was brutally murdered on a roadside in rural France. Sir Jack, a well-known nutritionist who modernized the classification of vitamins and helped devise UK rationing in World War II, was on holiday with his family in the French Riviera when they stopped to make camp just off the road near a farm called La Grand'Terre in Provence. The family was found murdered the following morning. Gaston Dominici, the illiterate, seventy-five-year-old patriarch of the nearby La Grand'Terre was accused, convicted, and condemned to death by guillotine soon after. When Dominici was first convicted there was general agreement that the ignorant, pitiless, and depraved old peasant had gotten what he deserved. At the time, Dominici stood for everything backwards and brutish about a peasantry left behind in the wake of France's post-war transformation and burgeoning prosperity. But with time perspectives changed. Subsequent enquiries coupled with widespread doubts and misgivings prompted President de Gaulle to order his release from prison in 1960, and by the 1980s many in France came to believe--against all evidence--that Gaston Dominici was innocent. He had become a romanticized symbol of a simpler, genuine, and somehow more honest life from a bygone era. Reconstructing the facts of the case and setting it against broader social, economic, and historical currents in post-war France, The Dominici Affair sheds light on one of the most puzzling and notorious crimes of 20th Century France, illuminating an entire Rorschach of social dynamics in the country.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter. Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.
Chapter 8 of the Basic Conditions of Employment Act 75 of 1997, allows the Minister of Labour to promulgate minimum conditions of employment for employees in specific sectors or areas, in the form of Sectoral Determinations. Sectoral Determination 6 sets out minimum conditions of employment in the South African Private Security Sector, a sector employing over 500 000 active security officers, with 1 500 000 registered security officers, and over 9 000 active employer security companies. This book presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa as security officers. The key provisions of the Sectoral Determination are covered in a systematic manner, with Key Point summaries at the end of each section. Understanding Sectoral Determination 6: Private Security also contains the text of the legislation. Understanding Sectoral Determination 6: Private Security forms part of the Juta's Pocket Companions series, to complement Juta's highly successful Pocket Statutes series.
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