The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.

Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.

Health Promotion in Midwifery explores the principles of health promotion within the practical context of midwifery. It clearly outlines and discusses the midwife's role in health promotion, making it essential reading for all student and practising midwives, as well as clinical practitioners. Emphasizing the link between theory and practice, the second edition incorporates chapters on domestic violence, sexual health, breastfeeding, and mental health promotion. Text boxes make the text accessible and user-friendly and case studies and summaries put the material in practical context. Additional readings encourage readers to further research and reflection on their own practice. Throughout the book, the importance of the role of the midwife in health promotion is emphasized. This second edition brings together contributions from a variety of experienced practitioners.

Equality is without any doubt one of the central principles of human rights law. Non-discrimination and equality feature prominently in most of the UN core human rights treaties. But do the human rights treaty bodies understand these principles by and large in a similar way? Do they recognize the same grounds of discrimination? Have largely similar obligations been derived from the principles of equality and non-discrimination? How is gender-based discrimination treated? These and many other questions are addressed in this work. For the first time, all UN Committees decisions on non-discrimination and equality general comments/recommendations, concluding comments/observations, as well as views/opinions in individual complaints procedures are comprehensively and comparatively reviewed. Each Committee is thoroughly examined. Also, convergence and divergence, communality and particularity among the Committees is scrutinized. This book may be useful for scholars and practioners who need detailed information on how non-discrimination and equality are interpreted by the UN human rights treaty bodies. Decision-makers in the current reform process of the UN human rights reporting procedure too may benefit from the insights gained in this book. Wouter Vandenhole holds an LL.M. in Law in Development from the University of Warwick (UK) and a PhD. from the K.U.Leuven (Belgium). He was a senior teaching assistant at the European Master s Degree in Human Rights and Democratisation (Venice, Italy), and a researcher at the Institute for Human Rights of the Law Faculty of the K.U.Leuven. He currently is a senior researcher at the Center for Transboundary Legal Development of Tilburg University (The Netherlands).

How can it be, in a nation that elected Barack Obama, that one third of African American males born in 2001 will spend time in a state or federal prison, and that black men are seven times likelier than white men to be in prison? Blacks are much more likely than whites to be stopped by the police, arrested, prosecuted, convicted, and imprisoned, and are much less likely to have confidence in justice system officials, especially the police.
In Punishing Race, Michael Tonry demonstrates in lucid, accessible language that these patterns result not from racial differences in crime or drug use but primarily from drug and crime control policies that disproportionately affect black Americans. These policies in turn stem from a lack of white empathy for black people, and from racial stereotypes and resentments provoked partly by the Republican Southern Strategy of using coded "law and order" appeals to race to gain support from white voters. White Americans, Tonry observes, have a remarkable capacity to endure the suffering of disadvantaged black and, increasingly, Hispanic men. Crime policies are among a set of social policies enacted since the 1960s that have maintained white dominance over black people despite the end of legal discrimination. To redress these injustices, Tonry offers a number of proposals: stop racial profiling by the police, shift the emphasis of drug law enforcement to treatment and prevention, eliminate mandatory sentencing laws, and change sentencing guidelines to allow judges discretion to take account of offenders' life circumstances. Those proposals are all attainable and would all reduce unjustifiable racial disparities and the collateral human and social harms they cause.
A damning indictment of decades of misguided criminal justice policy, Punishing Race takes a crucial look at persisting racial injustice in America.

How is it that, half a century after Brown v. Board of Education, educational opportunities remain so unequal for black and white students, not to mention poor and wealthy ones?
In his important new book, Five Miles Away, A World Apart, James E. Ryan answers this question by tracing the fortunes of two schools in Richmond, Virginia--one in the city and the other in the suburbs. Ryan shows how court rulings in the 1970s, limiting the scope of desegregation, laid the groundwork for the sharp disparities between urban and suburban public schools that persist to this day. The Supreme Court, in accord with the wishes of the Nixon administration, allowed the suburbs to lock nonresidents out of their school systems. City schools, whose student bodies were becoming increasingly poor and black, simply received more funding, a measure that has proven largely ineffective, while the independence (and superiority) of suburban schools remained sacrosanct. Weaving together court opinions, social science research, and compelling interviews with students, teachers, and principals, Ryan explains why all the major education reforms since the 1970s--including school finance litigation, school choice, and the No Child Left Behind Act--have failed to bridge the gap between urban and suburban schools and have unintentionally entrenched segregation by race and class. As long as that segregation continues, Ryan forcefully argues, so too will educational inequality. Ryan closes by suggesting innovative ways to promote school integration, which would take advantage of unprecedented demographic shifts and an embrace of diversity among young adults.
Exhaustively researched and elegantly written by one of the nation's leading education law scholars, Five Miles Away, A World Apart ties together, like no other book, a half-century's worth of education law and politics into a coherent, if disturbing, whole. It will be of interest to anyone who has ever wondered why our schools are so unequal and whether there is anything to be done about it.

Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

This practical book shares insights, smart strategies and tips to help you to market yourself and maximise your chances of career success. The book covers: - what marketing actually is - why you must put yourself in your clients' shoes - the importance of having a personal brand - how to make networking work for you - blocks lawyers have about marketing and how to overcome them - how to fit marketing into your hectic schedule - how LinkedIn can help you to create visibility online and build your reputation - how content marketing fits with your overall marketing strategy and plan. Written by an experienced mentor and coach with in-depth knowledge and experience of the legal profession, this book is an essential read for fast changing times with more competition.

Crime in the United States has fluctuated considerably over the past thirty years, as have the policy approaches to deal with it. During this time criminologists and other scholars have helped to shed light on the role of incarceration, prevention, drugs, guns, policing, and numerous other aspects to crime control. Yet the latest research is rarely heard in public discussions and is often missing from the desks of policymakers. This book accessibly summarizes the latest scientific information on the causes of crime and evidence about what does and does not work to control it.
Thoroughly revised and updated, this new version of Crime and Public Policy will include twenty chapters and five new substantial entries. As with previous editions, each essay reviews the existing literature, discusses the methodological rigor of the studies, identifies what policies and programs the studies suggest, and then points to policies now implemented that fail to reflect the evidence. The chapters cover the principle institutions of the criminal justice system (juvenile justice, police, prisons, probation and parole, sentencing), how broader aspects of social life inhibit or encourage crime (biology, schools, families, communities), and topics currently generating a great deal of attention (criminal activities of gangs, sex offenders, prisoner reentry, changing crime rates).
With contributions from trusted, leading scholars, Crime and Public Policy offers the most comprehensive and balanced guide to how the latest and best social science research informs the understanding of crime and its control for policymakers, community leaders, and students of crime and criminal justice.

This book provides a detailed analysis of the different principles that shape the constitutional background of campaign finance law. Through three indicative country specific examples, the author examines legislation and jurisprudence that reflect such principles and demonstrate the common and different approaches in this upcoming field of law as driven by different constitutional traditions. This is the first time in legal scholarship that such an analytical effort is made to draw universal conclusions on campaign finance law principles. The US, the UK and Greece represent different jurisdictional examples of regulatory evolution in the effort to control the effect of money in politics. The author achieves to set the foundations of a practical and academic debate on global campaign finance reform. The book is a useful tool for public law scholars, political scientists as well as politicians and legal practitioners who are faced with campaign finance regulation and enforcement questions in the three jurisdictions and globally.

Private Law in a Changing World honours the work of Professor Danie Visser and celebrates his return to research after almost a decade as Deputy Vice-Chancellor of the University of Cape Town. It considers the ways in which the law of obligations has evolved in response to external forces in both the recent and remote past – or, to switch perspectives, the high degree of internal coherence and continuity which it has maintained over time despite the operation of such forces.

Leading scholars of legal history and private law from six jurisdictions consider topics drawn from across the law of contract, delict/tort and unjust/unjustified enrichment.

Their insights shed light on contemporary debates around the world regarding the value of doctrinal scholarship, and on the debates regarding the decolonisation of private law currently unfolding in South Africa.

Why do decision-makers in similar liberal democracies interpret the same legal definition in very different ways? International law provides states with a common definition of a 'refugee' as well as guidelines outlining how asylum claims should be decided. Yet, the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many political, cultural, geographical, and institutional commonalities. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations - the United States, Canada, and Australia. Despite similarly high levels of political resistance to accepting asylum seekers across these three states, once asylum seekers cross their borders, they access three very different systems. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being found to be a refugee.
The book moves beyond the claim by some scholars that asylum seeker destinations are uniformly becoming more exclusionary, and the contrary assertions of other scholars that the same destinations are converging on a new inclusive internationalism leading to the decline of state sovereignty. Instead, Hamlin finds these states to be running on three distinct trajectories, none of which are totally restrictive or expansive. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.

This book is a comprehensive reference manual which will teach students and practitioners how to interpret contracts in four easy steps.

It illustrates how studying the contract from a sound rational and scientific base enables one to confidently interpret contracts, taking the guesswork out of deciding which factual and legal elements should be considered.

The long-awaited consolidation of the UK merchant shipping legislation finally arrived with the passing of the Merchant Shipping Act 1995 which replaced the thirty or so Acts dating from the Merchant Shipping Act 1894. This new edition of Merchant Shipping Act 1995 - An Annotated Guide provides an authoritative and practical guide to the implications of this important legislation. Written in a clear and accessible style, the authors guide you chronologically through each of the Act's 313 sections. They include expert commentary and analysis to assist your understanding and interpretation of the Act. Merchant Shipping Act 1995 - An Annotated Guide is an essential first-stop reference guide, providing guidance on the appropriate authorities and more detailed texts to which further reference can be made. It is also annotated throughout with comprehensive tables and indexes, making it a truly practical working tool. Thoroughly revised and up-dated, the second edition includes details of: Amendments to the Merchant Shipping Act 1995 The Merchant Shipping and Maritime Security Act 1997 Statutory instruments and regulations introduced to supplement the Merchant Shipping Act The most recent case law Updated references to other texts, which have themselves been updated in the last 4 years

In Legislating International Organization, Kathryn Lavelle argues against the commonly-held idea that key international organizations are entities unto themselves, immune from the influence and pressures of individual states' domestic policies. Covering the history of the IMF and World Bank from their origins, she shows that domestic political constituencies in advanced industrial states have always been important drivers of international financial institution policy. Lavelle focuses in particular on the U.S. Congress, tracing its long history of involvement with these institutions and showing how it wields significant influence. Drawing from archival research and interviews with members and staff, Lavelle shows that Congress is not particularly hostile to the multilateralism inherent in the IMF and World Bank, and has championed them at several key historical junctures. Congress is not uniformly supportive of these institutions, however. As Lavelle illustrates, it is more defensive of its constitutionally designated powers and more open to competing interest group concerns than legislatures in other advanced industrial states. Legislating International Organization will reshape how we think about how the U.S. Congress interacts with international institutions and more broadly about the relationship of domestic politics to global governance throughout the world. This is especially relevant given the impact of 2008 financial crisis, which has made the issue of multilateralism in American politics more important than ever.

The framers of the Constitution chose their words carefully when they wrote of a more perfect union-not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791-because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts-and Congress-redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Combined Transport Documents provides a comprehensive guide to combined transport or multi-modal contracts. It examines the main contracts that deal with combined transport logically, from those concerned with the procuring of tonnage through to those that deal with general average and salvage. It also focuses on the complicated chains of indemnity particular to multimember consortium operations and explains in substantial detail a recommended draft bill of lading contract of carriage which the author himself developed. Combined Transport Documents provides a comprehensive guide to combined transport or multi-modal contracts. It examines the main contracts that deal with combined transport logically, from those concerned with the procuring of tonnage through to those that deal with general average and salvage. It also focuses on the complicated chains of indemnity particular to multi-member consortium operations and explains in substantial detail a recommended draft bill of lading contract of carriage which the author himself developed.

A Reasonable Man: Essays in honour of Jonathan Burchell is a collection of essays published in honour of Jonathan Burchell in recognition of his commitment to the academe and his strong sense of loyalty to the institutions in which he has worked, particularly to students and colleagues.

The breadth and impact of his research in the fields of both delict and criminal justice are attested to by the esteemed multidisciplinary scholars who contributed to this work.

Americans have a deeply ambivalent relationship to guns. The United States leads all nations in rates of private gun ownership, yet stories of gun tragedies frequent the news, spurring calls for tighter gun regulations. The debate tends to be acrimonious and is frequently misinformed and illogical. The central question is the extent to which federal or state governments should regulate gun ownership and use in the interest of public safety. In this volume, David DeGrazia and Lester Hunt examine this policy question primarily from the standpoint of ethics: What would morally defensible gun policy in the United States look like? Hunt's contribution argues that the U.S. Constitution is right to frame the right to possess a firearm as a fundamental human right. The right to arms is in this way like the right to free speech. More precisely, it is like the right to own and possess a cell phone or an internet connection. A government that banned such weapons would be violating the right of citizens to protect themselves. This is a function that governments do not perform: warding off attacks is not the same thing as punishing perpetrators after an attack has happened. Self-protection is a function that citizens must carry out themselves, either by taking passive steps (such as better locks on one's doors) or active ones (such as acquiring a gun and learning to use it safely and effectively). DeGrazia's contribution features a discussion of the Supreme Court cases asserting a constitutional right to bear arms, an analysis of moral rights, and a critique of the strongest arguments for a moral right to private gun ownership. He follows with both a consequentialist case and a rights-based case for moderately extensive gun control, before discussing gun politics and advancing policy suggestions. In debating this important topic, the authors elevate the quality of discussion from the levels that usually prevail in the public arena. DeGrazia and Hunt work in the discipline of academic philosophy, which prizes intellectual honesty, respect for opposing views, command of relevant facts, and rigorous reasoning. They bring the advantages of philosophical analysis to this highly-charged issue in the service of illuminating the strongest possible cases for and against (relatively extensive) gun regulations and whatever common ground may exist between these positions.

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers of the Constitution. But Posner and Vermeule find fault with James Madison's premises. Like an ideal market, they write, Madison's separation of powers has no central director, but it lacks the price system which gives an economy its structure; there is nothing in checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority, noting that among strong presidents only Nixon has come in for severe criticism, leading to legislation which was designed to limit the presidency, yet which failed to do so. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution. Piety toward the founders and a historic fear of tyranny have been powerful forces in American political thinking. Posner and Vermeule confront them both in this startlingly original contribution.

For the first time in legal history, an indictment was filed against an acting head of state, Slobodan Milosevic, for crimes that he allegedly committed while in office. Seeking to change the concept of ethnic cleansing from a rationalizing euphemism to an incriminating metaphor, the International Criminal Tribunal for the Former Yugoslavia (ICTY) established precedents and expanded the boundaries of international criminal and humanitarian law.
In Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts, Sanja Kutnjak Ivkovich and John Hagan expand on prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY. Kutnjak Ivkovich and Hagan raise crucial questions about international justice in a systematic and comprehensive manner, focusing on the ICTY's legality and judicial independence, as well as specific issues of substantive and procedural justice and collective and individual responsibility. They provide an in-depth analysis of perceptions about the ICTY and the subsequent work and decisions reached by its local courts. In addition, they examine the relationship between the views of the ICTY and ethnicity as the war was fought largely along ethnic lines.

Just as Latin American countries began to transition to democracy in the late 1970s and early 1980s, the region also saw gains in social, cultural and economic gender equality. In accordance with modernization theories, women in the region have also made significant inroads into elected office. However, these gains vary a great deal between countries in Latin America. They also vary significantly at different levels of government even within the same country. Inside government arenas, representation is highly gendered with rules and norms that advantage men and disadvantage women, limiting women's access to full political power. While one might expect these variations to map onto socioeconomic and cultural conditions within each country, they don't correlate. This book makes, for the first time, a comprehensive comparison of gender and representation across the region - in seven countries - and at five different levels: the presidency, cabinets, national legislatures, political parties, and subnational governments. Overall, it argues that gender inequality in political representation in Latin America is rooted in democratic institutions and the democratic challenges and political crises facing the region. Institutions and political context not only influence the number of women and men elected to office, but also what they do once in office, the degree of power to which they gain access, and how their presence and actions influence democracy and society, more broadly. Drawing on the expertise of scholars of women, gender, and political institutions, this book is the most comprehensive analysis of women's representation in Latin America to date, and an important resource for research on women's representation worldwide. The causes, consequences, and challenges to women's representation in Latin America are not unique to that region, and the book uses Latin American patterns to draw broad conclusions about gendered representation in other areas of the world.