In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.

The Conduct of Financial Institutions (COFI) Bill aims to regulate market conduct in the financial sector. This legislative instrument will repeal the Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS Act) and will regulate market conduct in keeping with the objectives of the Twin Peaks system of financial regulation.

The commentary provides some background on the objectives of the COFI Bill and the way in which these objectives will be realised. In addition, it provides information on how the COFI Bill builds onto the FAIS Act and evaluates new aspects of market conduct zqthe possible impact of the COFI Bill on the financial services industry and is a helpful tool to assist financial services providers in preparing their compliance framework for the implementation of the provisions of the eventual Conduct of Financial Institutions Act.

The containment of pollution by physical defenses is the first step in restoring the ocean to its natural state. The first two chapters of Oil Spill Studies: Healing the Ocean, Biomarking and the Law describes the feedback on seven experiments made on the East Atlantic Ocean. The first chapter concerns semi-open sites while the second focuses on open environment directly linked to the ocean. The third chapter examines pollution from a French harbor marina and its effects on the local biodiversity. The book provides a methodology to quantify biological contamination coming from heavy metal releases into the environment. Chapter four provides the state-of-the-art in the science of a mid-depth-living fish species affected by the treatment of oil pollution by chemical dispersion. In a similar way, the fifth chapter addresses new explored and exploited ocean with extreme environments such as the Arctic and deep sea. The sixth and final chapter provides a lawyer's analysis on the subject.

The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

It has been well-established that many of the injustices that people around the world experience every day, from food insecurity to unsafe labor conditions and natural disasters, are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? In one sense, we answer this question when we buy the local homeless street newspaper, decide where to buy our clothes, remember our reusable bags when we shop, donate to disaster relief, or send letters to corporations about labor rights. But given the global scale of injustices related to poverty, environmental change, gender, and labor, can these individual acts really impact the seemingly intractable global social, political, and economic structures that perpetuate and exacerbate them? Moreover, can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly both answers the question of what should we do, and shows that it's the wrong question to ask. To ask the right question, we need to ground our normative theory of global justice in the lived experience of injustice. Using a feminist critical methodology, she argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice, regardless of our causal responsibility and extent of our knowledge of the injustice. Furthermore, it is a matter that needs to be guided by principles of human rights. As she argues, while many understand human rights as political goals or entitlements, they can also guide political strategy. Her aims are twofold: to present a theory of what it means to take responsibility for injustice and for ensuring human rights, as well as to develop a guide for how to take responsibility in ways that support local and global movements for transformative politics. In order to illustrate her theory and guide for action, Ackerly draws on fieldwork on the Rana Plaza collapse in 2013, the food crisis of 2008, and strategies from 125 activist organizations working on women's and labor rights across 26 countries. Just Responsibility integrates these ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.

Contemporary scholarly and popular debate over the legacy of racial integration in the United States rests between two positions that are typically seen as irreconcilable. On one side are those who argue that we must pursue racial integration because it is an essential component of racial justice. On the other are those who question the ideal of integration and suggest that its pursuit may damage the very population it was originally intended to liberate. In An Impossible Dream? Sharon A. Stanley shows that much of this apparent disagreement stems from different understandings of the very meaning of integration. In response, she offers a new model of racial integration in the United States that takes seriously the concerns of longstanding skeptics, including black power activists and black nationalists. Stanley reformulates integration to de-emphasize spatial mixing for its own sake and calls instead for an internal, psychic transformation on the part of white Americans and a radical redistribution of power. The goal of her vision is not simply to mix black and white bodies in the same spaces and institutions, but to dismantle white supremacy and create a genuine multiracial democracy. At the same time, however, she argues that achieving this model of integration in the contemporary United States would be extraordinarily challenging, due to the poisonous legacy of Jim Crow and the hidden, self-reinforcing nature of white privilege today. Pursuing integration against a background of persistent racial injustice might well exacerbate black suffering without any guarantee of achieving racial justice or a worthwhile form of integration. Given this challenge, pessimism toward integration is a defensible position. But while the future of integration remains uncertain, its pursuit can neither be prescribed as a moral obligation nor rejected as intrinsically indefensible. In An Impossible Dream? Stanley dissects this vexing moral and political quandary.

Juta’s IP Fundamentals series offers a compact, easy-to-read gateway into South African intellectual property legislation.

The IP Fundamentals: The Patents Act 57 of 1978 and Regulations is designed to be read as an accompaniment to the Patents Act. Written in a succinct, no-nonsense style, the book features a full index, cross-referencing to the Regulations, FAQs and explanations.

It provides an accessible entry point into understanding the content and structure of the legislation for anyone needing to navigate the intricacies of the Patents Act.

“Hofmeyr’s Admiralty Law is a comprehensive discussion of the law of admiralty jurisdiction in South Africa. There are extensive references to case law, which is critically analysed. Reference is frequently made to the law in comparative jurisdictions. The third edition incorporates a considerable body of case law and academic comment which has developed our emerging admiralty jurisprudence since the release of the second edition in 2012.

Hofmeyr’s Admiralty Law now includes: a consideration of the constitutional dimension of the arrest procedure, including in relation to maritime liens; a discursus in relation to the ‘genuine and reasonable need’ requirement for security arrests; and a section discussing the sale of ships in Namibia.”

Ahistorical overview of the development of mineral law prior to the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (‘MPRDA’) a theoretical analysis of the basis of the custodian structure that was adopted in the MPRDA. A systematic exposition of the acquisition, nature, content, transfer and loss of rights, permissions and permits to minerals and petroleum. An overview of conflict resolution between the exercise of rights to minerals by prospectors or miners and owners or occupiers of land. A synopsis of the registration of rights in the Mineral and Petroleum Titles Registration Office

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of victimisation and to encourage desistance from crime. This book provides a comprehensive evaluation of Building Bridges, a programme of restorative meetings between victims and prisoners in seven European countries. The authors first describe how participation affected victims and offenders. Then, through case studies in three countries, they frame the social-ecological contexts of the programmes, discussing the organisational and socio-political factors that influenced how these programmes were delivered and what is necessary for them to be sustained. Funded by the European Commission, this evaluation is essential reading for practitioners and policy-makers interested in restorative justice and prisons. It offers important insights into the potential of restorative approaches for victims and offenders and reveals the organisational and cultural obstacles to be overcome before restorative justice is a regular feature of prisons in Europe.

The 21st century world of work requires HR practitioners to operate in the knowledge-based economy, aligning the HR strategy with that of the business, ensuring its human capital contributes to the organisation’s market value. It is imperative for HR practitioners, both generalists and specialists, to adhere to good governance and ethical practices as posited by the SA Board for People Practices (SABPP) HR System Standards. The content of this book is grounded on the HR professional practice standards, providing contemporary theories as the underpinning theoretical knowledge, combined with practical applications. Careers: An Organisational Perspective is a market-leading textbook on careers in the modern organisational context. The seventh edition reflects the most recent research and trends on the new unfolding nature of careers in the fast emerging digital-era employment environment. The book retains its popular blend of up-to-date theory, classical and contemporary research, application activities and real-life case scenarios that represent the cultural diversity of South Africa.

Content

PART 1: Introduction to HR
CHAPTER 1: Development of HR as a discipline
CHAPTER 2: HR Profession

PART 2: HR Alignment to Business Strategy
CHAPTER 3: Strategic HRM
CHAPTER 4: Talent Management
NEW: CHAPTER 5: HR Risk Management

PART 3: HR Value Chain (HR Architecture)
CHAPTER 6: Workforce Planning
CHAPTER 7: Learning & Development
CHAPTER 8: Performance Management
CHAPTER 9: Reward and Recognition
NEW: Chapter 10: Employee Wellness
Chapter 11: Employment Relations Management
NEW: Chapter 12 Organisational Development

PART 4: HR Delivery & Value
NEW: Chapter 13 HR Service Delivery
NEW: Chapter 14 HR Technology

PART 5: HR Metrics
NEW: Chapter 15 HR Measurement System

This casebook provides a clear and concise analysis of the facts and principles enunciated by the courts on the law of persons.

Complementing The South African Law of Persons, this book provides the student with a sourcebook in which extracts from the principle cases and statutes dealing with aspects of the law of persons, can be easily accessed.

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mainly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic chapter of Vol. 9 (2021), entitled 'Public Health Emergency: National, European and International Law Responses', tackles different legal aspects related to dealing with the consequences of COVID-19, while the Anniversary section is dedicated to the commemoration of the 90th birthday of Ferenc Madl, professor of private international law and President of the Republic (2000-2005). The Yearbook also contains numerous articles on new developments in European law and international law, Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary.

Equality has been seen as the core of any quest of justice since Aristotle's Nicomachian Ethics. Reaching not only situational equality, but equality in status, however, had not been achieved until modern times. The father of ethics and his systematic enquiry into the concept of justice did not have any problems with foreigners without rights, women as second-class citizens and enslaving people - nor did antiquity at large, medieval era or even the high renaissance. While suum cuique (treating equal issues equally and unequal issues unequally) had been in place since antiquity and Cicero, personal status still had to wait to be recognised as a target of equality concerns. Related to this, no agenda was designed for achieving a paradigm reaching beyond mere formal equality, which only implies treating same things formally the same, and the material quest for equality has come to the fore as a vision only very recently. This book explores these issues - from general equality to equality also in personal status, hence also anti-discrimination, and the change from formal to material concepts of equality - in time and in theoretical approaches. In time, it describes firstly how the equality of indigenous people in Latin America was originally developed as a postulate on the basis of the Bible (all men are similar to God) and from that also as a postulate of equality in law. It further describes how this postulate became a rule of natural law and then a powerful political value, also for the masses and daily reality, in the French Revolution (and in the US), then as posited law. In the theory and history of philosophical thought, two questions are discussed in particular. The first is how and whether 'more material protection' cannot only be conceived for freedom at all, but as well for equality, even if it is so contingent in times and diverse societies ('what is equal')? The second is whether - beyond personal status - an absolute equality right exists nowadays, namely absolutely equal dignity for human beings? This discussion is followed by how to integrate equality into economics, so targeted towards differentiation in all matters, and efficiency of selection. It is further followed by how sociology's prime quest nowadays might well be the very core of the question: the search for more material protection, namely against systemic discriminations, and such a search even in the toughest contexts such as digitalization.

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.

In 1998, the Rome Statute to the International Criminal Court (ICC) emerged as a groundbreaking treaty both due to its codification of international criminal law and its recognition of the crimes committed against women in times of war and conflict. The ICC criminalized acts of rape, sexual slavery, and enforced pregnancy, amongst others, to provide the most advanced articulation ever of gender based violence under international law. However, thus far no scholarly book has analyzed whether or not the implementation of the ICC has been successful. The Politics of Gender Justice at the International Criminal Court fills this intellectual gap, specifically examining the gender justice design features of the Rome Statute (the foundation of the ICC), and assessing the effectiveness of the statute's implementation in the first decade of the court's operation. Louise Chappell argues that although the ICC has provided mixed outcomes for gender justice, there have also been a number of important breakthroughs, particularly in regards to support for female judges. Meticulous and comprehensive, this book refines the notion of gender justice principles and adds a valuable, but as yet unrecognized, gender dimension to the burgeoning historical institutionalist approach to international relations. Chappell links feminist international relations literature with feminist institutionalism literature for the first time, thereby strengthening and adding to both fields. Ultimately, Chappell's analysis is an essential step towards attaining a greater degree of gender equality in the context of international law. The definitive volume on gender and the ICC, The Politics of Gender Justice at the International Criminal Court is a valuable resource for students and scholars of international relations, international law, and human rights.

This book covers the different aspects, such as patents, trademarks and copyright of Intellectual Property (IP) from a more practical business perspective. Intellectual Property and Assessing its Financial Value describes the differences between regions, mainly the differences between the US and EU. In addition, several tools are presented for assessing the value of new IP, which is of importance before engaging on a new project that could result in new IP or for licensing purposes. The first chapter introduces the different types of IP and illustrating the business importance of capturing and safeguarding IP, the second chapter discusses patents and other forms of IP with subsequent chapters exploring copyright and trademarks in more detail, and a concluding chapter on the future of systems that can assess new IP value.
Introduces IP and various features from a business perspectiveIncludes tools to assess the value of new IP Provides a comprehensive and practical insight into IPExplores other forms of IP including designs, models, breeders rights, and domain namesOffers an applied approach to IP and systems to evaluate the value of new IP"

Kai Draper begins his book with the assumption that individual rights exist and stand as moral obstacles to the pursuit of national no less than personal interests. That assumption might seem to demand a pacifist rejection of war, for any sustained war effort requires military operations that predictably kill many noncombatants as "collateral damage," and presumably at least most noncombatants have a right not to be killed. Yet Draper ends with the conclusion that sometimes recourse to war is justified. In making his argument, he relies on the insights of John Locke to develop and defend a framework of rights to serve as the foundation for a new just war theory. Notably missing from that framework is any doctrine of double effect. Most just war theorists rely on that doctrine to justify injuring and killing innocent bystanders, but Draper argues that various prominent formulations of the doctrine are either untenable or irrelevant to the ethics of war. Ultimately he offers a single principle for assessing whether recourse to war would be justified. He also explores in some detail the issue of how to distinguish discriminate from indiscriminate violence in war, arguing that some but not all noncombatants are liable to attack.

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence-and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. Our actions sometimes have an effect not only on the quality of life that people will enjoy in the future, but on which particular people will exist in the future to enjoy it. In cases where this is so, the combination of certain assumptions that most people seem to accept can yield conclusions that most people seem to reject. The non-identity problem has important implications both for ethical theory and for a number of topics in applied ethics, including controversial issues in bioethics, environmental ethics and disability ethics. It has been the subject of a great deal of discussion for nearly four decades, but this is the first book-length study devoted exclusively to its examination. Boonin begins by explaining what the problem is, why the problem matters, and what criteria a solution to the problem must satisfy in order to count as a successful one. He then provides a critical survey of the solutions to the problem that have thus far been proposed in the sizeable literature that the problem has generated and concludes by developing and defending an unorthodox alternative solution, one that differs fundamentally from virtually every other available approach.