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There is much controversy about the dangers of a free media when it
comes to children and adolescents. Many believe that this
constitutional right should be amended, altered, or revoked
entirely to prevent the young from being negatively influenced.
Graphic violence, sexual content, and the depiction of cigarette
smoking have all come under fire as being unacceptable in media
that is geared toward adolescents, from television and movies to
magazines and advertising. Yet not much has been written about the
developmental science behind these ideas, and what effects a free
media really has on adolescents.
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.
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.
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.
This book examines sexual contact and abuse from a purely scientific and medical perspective. The book covers:
The cadre of forensic nursing as a professional scope of nursing has recently been accepted by the Nursing Council and is now beginning to emerge, and legally in this country such nurses are now allowed to examine sexual abuse cases, issue reports and give testimony provided they undergo an accredited training programme in sexual abuse medicine. In addition, medical and legal professionals need to understand, interpret, and present sexual medical evidence appropriately in sexual offences cases. This book will serve as a ready reference for the understanding and interpretation of the sexual biology and medicine, both in the medical practitioner’s consulting room and the courtroom.
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).
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.
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.
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?
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.
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.
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.
In these vibrant narratives, 25 of the world’s most accomplished movement lawyers and activists become storytellers, reflecting on their experiences at the frontlines of some of the most significant struggles of our time. In an era where human rights are under threat, their words offer both an inspiration and a compass for the way movements can use the law – and must sometimes break it – to bring about social justice. The contributors here take you into their worlds: Jennifer Robinson frantically orchestrating a protest outside London’s Ecuadorean embassy to prevent the authorities from arresting her client Julian Assange; Justin Hansford at the barricades during the protests over the murder of Black teenager Mike Brown in Ferguson, Missouri; Ghida Frangieh in Lebanon’s detention centres trying to access arrested protestors during the 2019 revolution; Pavel Chikov defending Pussy Riot and other abused prisoners in Russia; Ayisha Siddiqa, a shy Pakistani immigrant, discovering community in her new home while leading the 2019 youth climate strike in Manhattan; Greenpeace activist Kumi Naidoo on a rubber dinghy in stormy Arctic seas contemplating his mortality as he races to occupy an oil rig. The stories in The Revolution Will Not Be Litigated capture the complex, and often-awkward dance between legal reform and social change. They are more than compelling portraits of fascinating lives and work, they are revelatory: of generational transitions; of epochal change and apocalyptic anxiety; of the ethical dilemmas that define our age; and of how one can make a positive impact when the odds are stacked against you in a harsh world of climate crisis and ruthless globalization.
This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.
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.
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.
Refugee Law in South Africa cutlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2022, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence. The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status determination, and the rights of refugees and asylum seekers. The book examines how immigration law and refugee law in South Africa can be reconciled and concludes with durable solutions for refugees in South Africa.
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. |
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