![]() |
![]() |
Your cart is empty |
||
For many Europeans, the persistence of America's death penalty is a stark reminder of American otherness. The practice of state killing is an archaic relic, a hollow symbol that accomplishes nothing but reflects a puritanical, punitive culture - bloodthirsty in its pursuit of retribution. In debating capital punishment, the usual rhetoric points to America's deviance from the western norm: civilized abolition and barbaric retention; 'us' and 'them'. This remarkable new study by a leading social thinker sweeps aside the familiar story and offers a compelling interpretation of the culture of American punishment. It shows that the same forces that led to the death penalty's abolition in Europe once made America a pioneer of reform. That democracy and civilization are not the enemies of capital punishment, though liberalism and humanitarianism are. Making sense of today's differences requires a better understanding of American society and its punishments than the standard rhetoric allows. Taking us deep inside the world of capital punishment, the book offers a detailed picture of a peculiar institution - its cultural meaning and symbolic force for supporters and abolitionists, its place in the landscape of American politics and attitudes to crime, its constitutional status and the legal struggles that define it. Understanding the death penalty requires that we understand how American society is put together - the legacy of racial violence, the structures of social power, and the commitment to radical, local majority rule. Shattering current stereotypes, the book forces us to rethink our understanding of the politics of death and of punishment in America and beyond.
This Training Framework is based on the empirical study of the procedural rights of suspects in four European Union (EU) jurisdictions - England and Wales, France, the Netherlands and Scotland - conducted in the period 2011-2013. The study focused on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected and accused persons in criminal proceedings: the right to interpretation and translation; the right to information and the letter of rights; and the right of access to a lawyer before and during police interrogation, as well as the right to silence. The results were published in the book Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions, Ius Commune Europaeum No. 113. The objective of the training framework is to enhance the knowledge, understanding and skills of criminal justice practitioners - police officers and defence lawyers - in respect of the procedural rights of suspects in police detention. It seeks to do this by orientating the framework around the requirements of EU law on procedural rights, as set out in the EU Directives referred to above, and by suggesting appropriate training strategies. The framework incorporates best-practice identified during the observational stage of the research study, and is designed to be applicable across EU Member States. Since training courses for police officers and lawyers rarely focus exclusively on the procedural rights of suspects, the training framework is not intended to provide a model for stand-alone training. Building on the findings of the research, and the pilot training programme carried out as part of the research project, the training framework is designed as a tool to be used in the planning of training programmes on the procedural aspects of police custody, for both police officers and lawyers. In this regard, it highlights the procedural rights to be addressed through training, and the training methods that may be suitable for ensuring their effective delivery in practice. The research study and development of the training framework was carried out by the Universities of Maastricht, Warwick and the West of England, together with JUSTICE. Avon and Somerset Police and the Open Society Justice Initiative were also collaborators on the project.
Winner of the 2016 Max van der Stoel Human Rights Award.Dialogue is the new buzzword for the European Convention on Human Rights (Convention) system. Judges throughout Europe have welcomed and encouraged dialogue, and references to the notion have become commonplace at conferences and in academic writing. Yet although the buzz has intensified, exactly why dialogue can be of added value is not often examined. Nor do those who rely on the notion usually explain how exactly it can be operationalised in a practical sense. This volume dissects the common-sense realisation that dialogue adds value to the Convention system, within which the State Parties, the Court, the Committee of Ministers (Committee), the Parliamentary Assembly (Assembly), and the Commissioner for Human Rights (Commissioner) interact. The question of why dialogue should occur is answered through an account of the way the system is established and how it functions, and of the developments and reform it has experienced. The second aim of the volume is to establish whether Convention dialogue does indeed live up to its potential added value. For this purpose, 26 procedures and 'procedural steps' are investigated in the light of 'indicators of dialogue'. The procedures include third-party interventions, the pilot-judgment procedure, and the Committee's Human Rights meetings. Both the procedures' dialogic potential on paper and their 'dialogicness' in practice are assessed, based in part on interviews with inter alia the Court's judges, agents representing the states before the Court, and persons monitoring the execution of the Courts judgments. This volume will be of use to those who are interested in the notion of (Convention) dialogue and its theoretical underpinnings, and those who would like to know more about Convention-related procedures, the execution of the Court's judgments, and the role that the Assembly and the Commissioner can play in the Convention system.
The Arkansas State Constitution provides an outstanding historical
account of Arkansas's five different constitutions, conventions,
and amendments. Kay C. Goss presents the official text with an
accompanying article-by-article commentary, providing readers with
important information about the origins of each constitutional
provision and amendment, as well as ways in which they are
interpreted. The Arkansas State Constitution is an essential
reference guide for readers who seek a rich account of Arkansas's
constitutional evolution. Previously published by Greenwood, this
title has been brought back in to circulation by Oxford University
Press with new verve. Re-printed with standardization of content
organization in order to facilitate research across the series,
this title, as with all titles in the series, is set to join the
dynamic revision cycle of The Oxford Commentaries onthe State
Constitutions of the United States.
Employee Competition: Covenants, Confidentiality, and Garden Leave is a leading authority for employment law practitioners and human resource professionals alike. It provides detailed and comprehensive analysis of the issues encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others. Cited in numerous judgments, this work is widely recognised as the first port of call for all employee competition cases. Written by a team of expert practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners. This new edition has been substantially revised to take into account the wealth of litigation and resulting case law that has emerged since the previous edition published in 2011. A new chapter on economic torts and liabilities has been included to reflect the increasing importance of this area in practice. Significant changes will also be covered in the areas of contractual and fiduciary duties of loyalty; confidentiality and database rights; restrictive covenants and deferred remuneration schemes; jurisdiction and applicable law; liquidated damages and penalties; and procedure, especially in relation to injunction applications, disclosure and costs. Containing checklists at the end of each chapter, as well as appendices identifying key decisions in the field, and providing invaluable guidance on computer forensic investigations, forensic accounting, competition law, US law, sample clauses, pre-action letters and advice on drafting restrictive covenants, this work provides a practical and user-friendly guide to employment covenants. Employee Competition Bulletins providing updates on new cases and other topics covered in the book are available on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html
This is the first text to provide a comprehensive rule-by-rule commentary of the inception, interpretation, and application of the SIAC Rules, written by practitioners with extensive experience in South East Asia arbitrations . Practical and strategic in approach, this book provides useful guidance for practitioners whilst also delivering commentary and thematic analysis to highlight the connections between the SIAC rules and those of other institutions. The book begins with an introduction to Singapore arbitration, both practical and legal, and is followed by an overview of SIAC arbitration, including the different stages of a typical case and the corporate structure of SIAC. Every rule is then examined in detail on a thematic basis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. This new edition has been fully updated to include the 2016 SIAC Rules, and also contains additional chapters on the new rules on multiple contracts, consolidation, and joinder, the early dismissal of claims and defences, and the SIAC Investment Arbitration Rules (2017). Relevant supporting documents are appended, including SIAC Practice Notes and the SIAC Code of Ethics for Arbitrators. This book stands alone as a comprehensive exposition of SIAC arbitration, and is indispensable for any practitioner involved in arbitration in Asia.
In The Idaho State Constitution, Donald W. Crowley and Florence A.
Heffron provide a history of Idaho's constitution and a concise
article-by-article analysis of the entire text. The authors recount
the development of the constitution over the last century and
explain how it has been shaped by concerns of powerful economic,
social, and political forces. Since its drafting in 1889, the 109
amendments have democratized the political systems and given people
the right to participate more actively in the state's governance.
The Idaho State Constitution reflects the renewed interest in state
constitutions as a means of guiding important policy concerns and
provides an essential reference guide for readers who seek a rich
account of Idaho's constitutional evolution. Previously published
by Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
This book discusses the combined fields of Intellection Property
and Information Science. At this crossroads of these two
disciplines are lawyers, educators, intellectual property
specialists, searchers, librarians, and consultants, each requiring
a lengthy list of skills necessary for the job. The results of the
work they do is used for business and legal decisions across many
sectors of our society, including industry, academia, government,
and non-profits, to name a few. This book originated from the
American Chemical Society (ACS) Symposium entitled "IP to IP:
Intellection Property for Information Professionals," presented in
Washington DC on August 19th, 2009. It was organized to highlight
the specialty training and education required to work in this
field. The book is targeted towards Information Scientists learning
about Intellectual Property. Traditional education sources such as
universities are represented, and are specialty offerings from the
pharmaceutical sector and the United States Patent and Trademark
Office (USPTO).
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Since Illinois became a state in 1818, it has been a microcosm of
the country at every stage of its development, from its status as a
"free" state in antebellum America to a state rich in agriculture
and industry whose goods and services now travel the world.
Illinois' four state constitutions have reflected its changing
values. Illinois is currently one of the few states that have
adopted a new constitution since World War II. This 1970
constitution has become a model for countries in Central and
Eastern Europe seeking examples of modern American constitutions.
The Oxford Commentaries on the State Constitutions of the United
States is an important series that reflects a renewed international
interest in constitutional history and provides expert insight into
each of the 50 state constitutions. Each volume in this innovative
series contains a historical overview of the state's constitutional
development, a section-by-section analysis of its current
constitution, and a comprehensive guide to further research.
This book discusses the law and practice of the European Union's new chemical regulatory programmes known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight. The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.
Ocean Law and Coastal Law have grown rapidly in the past three decades as specialty areas within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of the global overfishing crisis, widespread depletion of marine living resources (such as marine mammals and coral reefs), and oil pollution. During this same period, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively brings together the two worlds of climate change and ocean and coastal management. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.
Where did Miranda go wrong? The purpose of this book is to identify
and describe four problems with the implementation of the Miranda
decision and to suggest remedies in order to have it achieve its
original purpose. The four problems identified in the book are:
Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elementsthe requirement of 'disadvantage'is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the books survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance.The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
Regularly amended and updated since its entry into force, this agreement contains the conditions under which dangerous goods may be carried internationally. This revised version is based on amendments applicable as from 1 January 2023.
This book contains a collection of economic and legal essays written by academics and practitioners who contributed to the elective Master's course 'State Aid and Public Procurement in the European Union' at Maastricht University, and to two conferences on State aid and public procurement organised in Maastricht in 2013 and 2014. The course, the conferences and this book aim to provide stakeholders - students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules, which both aim to complete the internal market and to prevent the distortion of competition. Both fields also share common concepts, and furthermore observance of public procurement rules may limit the risk of individual transactions being qualified as State aid (as the Altmark case law and related Commission packages illustrate). In 2011, the European Commission's Education, Audiovisual and Culture Executive Agency EACEA recognised the course 'State Aid and Public Procurement in the European Union' as a Jean Monnet European Module (Lifelong Learning Programme).
From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.
This twenty-third volume of annotated leading case law of international criminal tribunals contains decisions taken by the International Criminal Court in the period 2004-2007. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions. An index is included. Contributors: Denis Abels, Kai Ambos, Ccile Aptel, Amir Cengic, Annelisa Ciampi, Annemarie De Brouwer, Karel de Meester, Hkan Friman, Marc Groenhuijsen, Dov Jacobs, Erik Kok, Gunal Mettraux, Ioannis Naziris, Astrid Reisinger, Lela Scott, Sergey Vasiliev, Alexander Zahar and Salvatore Zappala
Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is. Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.
This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners, and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms. The framework developed allows for the evaluation of existing forms of group litigation, such as those already being used in the US, the UK, and Germany. Moreover, through the analysis, a picture of the optimal form of group litigation in any context emerges. The analysis highlights the necessary trade-offs and choices any society contemplating the introduction of group litigation into their legal system - not only in the area of competition law - will have to face.
Montana's state constitution was created during the early 1970s.
Progressive, innovative and pragmatic, it combines a strong concern
for individual rights, personal liberty, and individual dignity
while seeking to keep government open and responsive to the will of
the people of Montana. It also stresses rights to a clean and
healthful environment.
The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.
The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and aquaculture. However, the CFP is not just a matter for those with an economic interest in fisheries. It also raises many issues of more general concern, such as the capacity of the EC and its Member States to manage important natural resources sustainably, the impact of fishing on the wider marine environment, and relations between developed and developing States. This book addresses the CFP from a legal perspective. It provides a detailed account of the very large body of EC law comprising the CFP, and draws on the European Commission's associated documents to aid interpretation and add context. As a result, the book will be of value to anyone wanting knowledge of the law of the CFP. Although not addressing the Commission's 2009 Green Paper on reform of the CFP, the book should provide a useful reference point against which to view the reform of parts of the CFP that is anticipated to take place over the next few years.
This volume contains the written versions of presentations given at the international conference Convergence and Divergence of Family Law in Europe, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law. In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the cultural constraints argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned Nordic co-operation in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law. |
![]() ![]() You may like...
Sustainable Development, Evaluation and…
Anneke von Raggamby, Frieder Rubik
Hardcover
R3,950
Discovery Miles 39 500
Search for New Physics in tt Final…
Javier Montejo Berlingen
Hardcover
R3,684
Discovery Miles 36 840
Handbook on Resilience of…
Matthias Ruth, Stefan Goessling-Reisemann
Hardcover
R6,171
Discovery Miles 61 710
|