Why does the Global North appear to be having a crisis of political will when it comes to welcoming refugees and migrants into their countries? Is this connected to a global rise of xenophobia? Amongst these international crises of conscience, we are witnessing a quiet humanitarian crisis that is one of cultural displacement. Can theoretical frameworks around "multiculturalism" assist our understanding of why movements such as #BlackLivesMatters are important for helping us to confront this growing civic phenomenon of internal ostracisation, disenfranchisement and displacement? Undoubtedly, an increasing number of communities around the world are beginning to feel like "outcasts on the inside" of their own homelands. What are the implications of this for the Human Rights Movement, where the seeds of these local tensions seem to be self-replicating exponentially in other local contexts around the world? Building on Bhikhu Parekh's Pluralist Universalism, this volume seeks to uncover some of the ideological and ethical challenges examined by the many concepts of "multiculturalism". From a global contextualisation of Pluralist Universalism to its interrogation through the lenses of cultural memory, nationhood and stakeholdership, this volume of international perspectives aims to provide a theoretical understanding of many global humanitarian crises of identity and belonging. Exploring some of the implications for the Human Rights Movement, as well as uncovering the psychopathological structures of globalisation and "whiteness", this volume will also examine the impact of "relational multiculturalism" on personal identity formation and national belonging.

Whistleblowers help safeguard the federal government against waste, fraud, and abuse -- however, they also risk retaliation by their employers. For example, in 2002, a former FBI agent allegedly suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. The Department of Justice (DOJ) found in her favor over 10 years after she reported the retaliation. The Government Accountability Office (GAO) reviewed DOJ's process for handling such complaints and in this book examines the time DOJ took to resolve FBI whistleblower retaliation complaints; the extent to which DOJ took steps to resolve complaints more quickly; and the extent to which DOJ complied with certain regulatory reporting requirements. Furthermore, in the context of the Intelligence Community (IC), whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings. The threat of retaliation may deter potential whistleblowers from disclosing information on agency wrongdoing. There is seemingly tension between the desire to eliminate this deterrence, and thus encourage whistleblowers to bring agency misconduct to light, and the need to protect government secrets which, if disclosed publicly, could be harmful to the country's national security interests. This book concludes with a discussion on three sources of IC whistleblower protection against retaliation.

Generally speaking, whistle-blowers are those who expose misconduct (eg: fraud, abuse, or illegal activity) within an organisation. Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistle-blower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistle-blower protections for individuals in certain private-sector employment through the adoption of whistle-blower provisions in at least 18 federal statutes. This book provides an overview of key aspects of the 18 selected federal statutes applicable to individuals in certain private-sector industries. It also examines steps OSHA has taken to include auto industry employees in its whistle-blower program and the extent to which OSHA collaborated with DOT components to address potential safety violations; and the number of transportation-related whistle-blower claims in the last 6 years and stakeholder-identified factors that may affect those numbers.

Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality, and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness, and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.

Published in 1821, Outlines of the Philosophy of Right is considered the definitive articulation of the legal, moral, social, and political philosophy of G.W.F. Hegel. However, shortly before its publication, Hegel delivered a series of lectures on the subject matter of the work at the University of Berlin. These lectures are unlike any others Hegel gave on the philosophy of Right in that they do not supplement a published text but rather give a full and independent presentation of his mature political thought. Yet, they are also unlike Hegel’s formal treatise in that they form a smooth and flowing discourse, much like Hegel’s lectures on the philosophy of history, philosophy of art, philosophy of religion, and history of philosophy. Substantively, these lectures contain more extensive discussions of poverty and the proletariat than are found in Hegel’s published text – discussions that carry out the retreat from optimism about the present age intimated in the preface to Outlines but nowhere evident in the text itself. Translated with an introduction and notes by Alan Brudner, Hegel’s 1819/20 lectures on the philosophy of Right present his complete thoughts on law and the state in a manner that is more accessible and engaging than any other Hegelian text on these subjects.

Respect for autonomy has become a fundamental principle in human research ethics. Nonetheless, this principle and the associated process of obtaining informed consent do have limitations. This can lead to some groups, many of them vulnerable, being left understudied. This book considers these limitations and contributes through legal and philosophical analyses to the search for viable approaches to human research ethics. It explores the limitations of respect for autonomy and informed consent both in law and through the examination of cases where autonomy is lacking (infants), diminished (addicts), and compromised (low socio-economic status). It examines alternative and complementary concepts to overcome the limits of respect for autonomy, including beneficence, dignity, virtue, solidarity, non-exploitation, vulnerability and self-ownership. It takes seriously the importance of human relationality and community in qualifying, tempering and complementing autonomy to achieve the ultimate end of human research - the good of humankind.

Nearly 50 years ago a California court heard a complaint from a recent high school graduate who alleged that he could not read at a level that would allow him to apply for, let alone hold, a meaningful job. He asserted that the public school district was negligent and that his prospects for a productive life were diminished by their negligence. The court disagreed and educational malpractice was cast outside the schoolhouse gate and an educational malpractice wall was erected. In sum, both federal and state courts have constructed a sturdy wall against the recognition of educational malpractice lawsuits. However, recent advances in research on instruction, statistical analyses that some have argued can identify substandard teaching, may have cracked the wall. Thus, confluence of events may lead to demolishing the educational malpractice wall constructed over the past half century. The authors of Raising a Cautionary Flag: Educational Malpractice and the Professional Teacher, explore the judicial reticence to recognize educational malpractice as a viable tort of negligence. They review the concept of what constitutes a professional, what is malpractice and how is it related to the professional malpractice of physicians and attorneys, and the potential responses to education malpractice. They conclude by raising a cautionary flag about breaching the judicial wall.

A long-overdue expose of the astonishing yet shadowy power wielded by the world's largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world's largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny - including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of 'Big Law' and the nearly unchecked influence these firms wield to shield the wealthy and powerful - and bury their secrets.

This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide. Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy.

This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.

Since its inception in the late nineteenth century, the prevailing ethos of the police institution in Britain, has been said to rest on Sir Robert Peel's mantra of 1829 that 'the police are the public and the public are the police'. This refrain, of policing by consent, has constantly been challenged and no more so than in recent years. Whilst public views of policing in Britain maintain a constant level of trust, according to opinion polls, little attention is given as to why 40% of the population remain mistrustful of policing services. Though much of this book is confined to police operations in the United Kingdom, especially with regard to the narratives of those whose interviews were transcribed as case studies, the extent to which the modern police service sets itself apart from the public (and is therefore non-consensual) is shown in policing practices across the globe, from the United States to Australia. With stories from people on the front line, who have been targeted by police, Dr. Eccy de Jonge examines how police agencies' self-referential attitude - their "inner uniform" - may lead to bias in policing investigations, a breakdown in social order, and a lack of public trust. This is exacerbated by police officers using their power of discretion to subdue a right to criticism. Victims and complainants are routinely discredited by policing agencies around the globe and the inner workings of this public institution are failing those who rely upon it the most.

Legal and Ethical Issues of Live Streaming explores the potential legal and ethical issues of using live streaming technology, citing that although live streaming has a broadcasting capability, it is not regulated by the Federal Communications Commission, unlike other broadcasting media such as radio or television. Without this regulation, live streaming is opened up for broad use and misuse, including broadcasts of horrifying incidents such as the mass shootings at mosques in Christchurch, New Zealand in 2019, sparking outrage and fear about the technology. Contributors provide a pathway to move forward with ethical and legal use of live streaming by analyzing the wide spectrum of critical issues through the lens of communication, ethics, and law. Scholars of legal studies, ethics, communication, and media studies will find this book particularly useful.

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

The most controversial foundational issue today in both legal philosophy and constitutional law is the relationship between objective moral norms and the positive law. Is it possible for the state to be morally "neutral" about such matters as marriage, the family, religion, religious liberty, and - as the Supreme Court once famously phrased it - "the meaning of life"? If such neutrality is possible, is it desirable? In this volume of essays one of our country's leading constitutional lawyers answers "no" to both questions. In the first three chapters, Gerard Bradley investigates the central moral justification of punishment, the morality of plea bargaining, and how the criminal justice system should treat the family. These essays reflect both Bradley's decades as a teacher of criminal law as well as his earlier experience as a trial prosecutor in the Manhattan District Attorney's Office. The second triptych of papers has to do with the raging controversy over same-sex "marriage," and the broader movement toward a socially sanctioned orthodoxy about sexual orientation of which the "marriage" movement is one part. These papers reflect the author's years of philosophical work on the marriage question, as well as his more practical experience as a popular debater and expert witness. Finally, Bradley takes up the questions of religious liberty and how our democratic polity should treat religion. These chapters cover the original meaning of the First Amendment's Establishment Clause, the role of Catholicism in the post-World War II controversies over movie censorship as they played out in the Supreme Court, and emerging challenges to religious liberty in the 21st century.