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Books > Law > Jurisprudence & general issues > Legal profession

How to Make Partner and Still Have a Life - The Smart Way to Get to and Stay at the Top (Hardcover, 3rd Revised edition):... How to Make Partner and Still Have a Life - The Smart Way to Get to and Stay at the Top (Hardcover, 3rd Revised edition)
Heather Townsend, Jo Larbie
R3,246 R3,006 Discovery Miles 30 060 Save R240 (7%) Ships in 12 - 17 working days

Becoming a partner in a professional services firm is for many ambitious fee-earners the ultimate goal. But in this challenging industry, with long hours, high pressure and even higher expectations, how do you stand out from the crowd? How do you build the most effective relationships? And how do you find the time to do all of this and still have a fulfilling personal life? Now in its third edition, How to Make Partner and Still Have a Life equips individuals at the start of their career through to partner with the skills needed to reach and succeed at the leadership level. How to Make Partner and Still Have a Life details the expectations and realities of being a partner and outlines how you can continue to achieve once you have obtained the much-coveted role. This edition is updated with guidance on developing the right mindset for success and the importance of mentoring and sponsorship. There is a specific focus on women and BAME professionals and the challenges faced by individuals coming from non-traditional or under-represented backgrounds. Heather Townsend and Jo Larbie provide a guide to help you tackle common obstacles and work smarter - not harder - to reach the top. Start your journey to partnership and still have the time for a life outside of work.

Evidence and the Archive - Ethics, Aesthetics and Emotion (Paperback): Katherine Biber, Trish Luker Evidence and the Archive - Ethics, Aesthetics and Emotion (Paperback)
Katherine Biber, Trish Luker
R1,300 Discovery Miles 13 000 Ships in 12 - 17 working days

This collection explores the stakes, risks and opportunities invoked in opening and exploring law's archive and re-examining law's evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law's work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law's evidence. Within socio-legal discourse, the move towards 'open justice' has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

Black Men in Law School - Unmatched or Mismatched (Hardcover): Darrell Jackson Black Men in Law School - Unmatched or Mismatched (Hardcover)
Darrell Jackson
R3,872 Discovery Miles 38 720 Ships in 12 - 17 working days

Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools.

Giving Voice to Values in the Legal Profession - Effective Advocacy with Integrity (Hardcover): Carolyn Plump Giving Voice to Values in the Legal Profession - Effective Advocacy with Integrity (Hardcover)
Carolyn Plump
R3,867 Discovery Miles 38 670 Ships in 12 - 17 working days

Ethical issues do not occur in isolation. Instead, real-life situations arise in the workplace alongside other pressing issues such as job security, career advancement, peer pressure, manager evaluations, and company profits. For this reason, students and employees in law need concise and common sense guidance that provides a framework for how to voice one's values in the midst of competing interests. This book does just that. By providing twelve accessible scenarios drawn from real-life examples, this book walks readers through some of the most common ethical issues they will face in the workplace and how to address them in a manner that is realistic and effective. There are two clear reasons to read Giving Voice to Values in the Legal Profession. First, it is practical. The book presents information that is readily useful to students as they move forwards in their personal lives and careers. Second, the book is concise and easy to add to an existing course. It can provide a context for discussing a myriad of issues around ethics in the legal profession.

BIALL Handbook of Legal Information Management (Paperback, 2nd edition): Loyita Worley BIALL Handbook of Legal Information Management (Paperback, 2nd edition)
Loyita Worley; Edited by Sarah Spells
R1,161 Discovery Miles 11 610 Ships in 12 - 17 working days

The second edition of this popular handbook has been thoroughly updated by the original team of experts and some new contributors, to provide current best practice guidance on the key legal information issues for every type of service. Each of the chapters is updated to reflect general changes in law libraries and their users in the past seven years. In particular, the handbook covers new information technologies, including social networking and communication. New chapters also focus on the key topics of outsourcing, and the impact of the 2007 Legal Services Act. The second edition of this valuable handbook continues to be an important professional reference tool for managers and staff of all types of legal information services, and will help them with the challenges they face in their work every day.

The Integration of the UCLA School of Law, 1966-1978 - Architects of Affirmative Action (Hardcover): Miguel Espinoza The Integration of the UCLA School of Law, 1966-1978 - Architects of Affirmative Action (Hardcover)
Miguel Espinoza
R2,949 Discovery Miles 29 490 Ships in 12 - 17 working days

In 1966, a group of UCLA law school professors sparked the era of affirmative action by creating one of the earliest and most expansive race-conscious admissions programs in higher education. The Legal Education Opportunity Program (LEOP) served to integrate the legal profession by admitting large cohorts of minority students under non-traditional standards, and sending them into the world as emissaries of integration upon graduation. Together, these students bent the arc of educational equality, and the LEOP served as a model for similar programs around the country. Drawing upon rich historical archives and interviews with dozens of students and professors who helped integrate UCLA, this book argues that such programs should be reinstituted- and with haste- because affirmative action worked.

Presumption of Innocence in Peril - A Comparative Critical Perspective (Hardcover): Anthony Gray Presumption of Innocence in Peril - A Comparative Critical Perspective (Hardcover)
Anthony Gray
R2,345 Discovery Miles 23 450 Ships in 12 - 17 working days

This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

The Lady Is Blind (Hardcover): Bill T. Balais The Lady Is Blind (Hardcover)
Bill T. Balais
R822 Discovery Miles 8 220 Ships in 12 - 17 working days
Getting the Government America Deserves - How Ethics Reform Can Make a Difference (Hardcover): Richard W. Painter Getting the Government America Deserves - How Ethics Reform Can Make a Difference (Hardcover)
Richard W. Painter
R2,836 R2,628 Discovery Miles 26 280 Save R208 (7%) Ships in 12 - 17 working days

In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the GovernmentAmerica Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law.
Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.

The Complete LNAT Guide - An Expert Guide to Success (Paperback): Leslie Ho, Kian Yang Ng The Complete LNAT Guide - An Expert Guide to Success (Paperback)
Leslie Ho, Kian Yang Ng
R1,063 Discovery Miles 10 630 Ships in 12 - 17 working days

The most comprehensive practice papers on the market; Practice papers prepared by authors with hands on experience of the LNAT, to ensure the level of difficulty and accuracy of the questions; The book was compiled by a team of LNAT mentors, consultants and coaches who have been mentoring LNAT students for close to a decade, and the team also has contact with and input from assessors and markers of the LNAT examinations.

The Lives and Times of the Chief Justices of the Supreme Court of the United States. in Two Volumes. by Henry Flanders. Vol. 1... The Lives and Times of the Chief Justices of the Supreme Court of the United States. in Two Volumes. by Henry Flanders. Vol. 1 - John Jay, John Rutledg (Hardcover)
Henry Flanders
R1,237 Discovery Miles 12 370 Ships in 12 - 17 working days
Judges in Street Clothes - Acting Ethically Off-the-Bench (Hardcover): Raymond J. Mckoski Judges in Street Clothes - Acting Ethically Off-the-Bench (Hardcover)
Raymond J. Mckoski
R2,732 Discovery Miles 27 320 Ships in 12 - 17 working days

To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge's official conduct but also restrict every aspect of a judge's off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association's four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State's interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge's off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge's charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge's use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association's fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge's alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.

Professional Misconduct against Juveniles in Correctional Treatment Settings (Hardcover): Lee Michael Johnson Professional Misconduct against Juveniles in Correctional Treatment Settings (Hardcover)
Lee Michael Johnson
R4,429 Discovery Miles 44 290 Ships in 12 - 17 working days

A significant barrier to successful juvenile intervention is misconduct committed against juveniles by the persons employed to help them. Professional Misconduct with Juveniles explores the nature of employee-on-youth misconduct, its extent, its consequences, factors that increase its occurrence, and potential solutions to the problem. Obviously, employee-on-youth misconduct interferes with the effective treatment of delinquent and at-risk youth, but it also harms the agency as a whole and creates a poor working environment for all employees. Professional Misconduct with Juveniles offers a practical, theory-based approach to preventing or stopping such exploitation of vulnerable young men and women so that we can focus on effective approaches to rehabilitation, deterrence, and public safety.

Invisible - The Forgotten Story of the Black Woman Lawyer Who Took Down America's Most Powerful Mobster (Paperback):... Invisible - The Forgotten Story of the Black Woman Lawyer Who Took Down America's Most Powerful Mobster (Paperback)
Stephen L Carter
R503 R425 Discovery Miles 4 250 Save R78 (16%) Ships in 10 - 15 working days
The Rise of Specialist Career Paths in Law Firms (Paperback): Katerina Menhennet The Rise of Specialist Career Paths in Law Firms (Paperback)
Katerina Menhennet; Catherine Hart, Lucy Hall, Clare Harman Clark, Amy Grunske, …
R4,253 Discovery Miles 42 530 Ships in 12 - 17 working days

Law firms have evolved exponentially over the last few decades, and today it requires far more than legal skills for firms to operate efficiently, fulfil client demands, give back to their communities and, ultimately, succeed. As a result, specialist roles beyond fee-earning have been created and more continue to emerge as technology advances and competition intensifies. They are a crucial part of future-proofing law firms and there is growing recognition of the respect and value they deserve with increasing numbers gaining positions in senior management. These roles range from working with legal tech to bringing in new business, from managing the firm's risk and compliance function to collaborating with clients to develop new products. For a lawyer looking to take the next steps in their career, or a law firm wanting to implement the career paths required for future success, it can be difficult to know where to begin. The Rise of Specialist Career Paths in Law Firms is the essential guide to the plethora of career opportunities available in law firms. It covers more established roles such as the professional support lawyer and pro bono professional, and new, emerging career paths, including in innovation and legal operations, as well as roles that will become available in the future. Written by experts with lived experience performing these roles, chapters provide information and insights into the different opportunities available, the skills needed to thrive in these positions, the responsibilities they entail and how to build careers in these spaces. With increasing client demands and the 'talent war' raging, this title will demonstrate how implementing these specialist career paths will enable law firms to continue to provide stellar client service and develop and retain top legal talent, who are increasingly looking for more tailored and flexible career options. It will also provide individual lawyers with the resource to identify and pursue the career that suits them best, allowing them to thrive to the benefit of both the individuals and their firms.

Drugs & Doping in Sports (Hardcover): John O'Leary Drugs & Doping in Sports (Hardcover)
John O'Leary
R3,900 Discovery Miles 39 000 Ships in 12 - 17 working days

Doping is undoubtedly one of the most controversial issues within sport. Doping scandals wreck the careers of sportsmen and women,they can bankrupt governing bodies, infringe personal liberties, threaten livelihoods, tarnish images, galvanise the European Union, undermine the Olympic Movement and invoke invective from politicians. In recent years, sports law has developed into one of the most exciting and challenging legal disciplines and the importance of the law in doping matters has been heightened by the influx of money into sport and the development of sport as a global economy. Drugs and Doping in Sport brings together work from leading academics, practitioners and administrators, analyses contemporary socio-legal and political themes related to doping in sport. It provides a challenging and often controversial view of doping issues and confronts political and legal orthodoxy, supplying the reader with a unique insight into this fascinating area of academic study.

Law and Economics and the Labour Market (Hardcover): Gerrit De Geest, Jacques Siegers, Roger J. Van den Bergh Law and Economics and the Labour Market (Hardcover)
Gerrit De Geest, Jacques Siegers, Roger J. Van den Bergh
R3,295 Discovery Miles 32 950 Ships in 12 - 17 working days

This important book plays a vital role in bridging the gap between labour economics, law and economics and the legal profession. Beginning with a general overview of the relationship between labour law and economic theory, it then goes on to examine specific areas within the field of law and economics including: the new law and economic theories on contract formation, with a case study from the Dutch system penalty default rules as applied to Israeli labour law dismissal regulation in the UK and US from a comparative perspective overtime hours in the US and severance pay in Germany the European Works Council an historical and economic analysis of the German co-determined corporation.

Feminist Perspectives on Contract Law (Hardcover): Linda Mulcahy, Sally Wheeler Feminist Perspectives on Contract Law (Hardcover)
Linda Mulcahy, Sally Wheeler
R3,882 Discovery Miles 38 820 Ships in 12 - 17 working days

The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.

Legal Research, Analysis, and Writing (Paperback, 6th edition): Joanne Hames, Yvonne Ekern Legal Research, Analysis, and Writing (Paperback, 6th edition)
Joanne Hames, Yvonne Ekern
R4,699 Discovery Miles 46 990 Ships in 12 - 17 working days

The basics of legal research, analysis, and writing in a practical, relevant approach Legal Research, Analysis, and Writing gives students the essential knowledge and tools they need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. Covering both traditional and free Internet research, the book's practical, relevant approach provides a number of outstanding teaching and learning aids, among them short memos with hypothetical factual situations for students to research, research and writing exercises and assignments, writing examples and exercises, online research exercises, citation exercises, numerous sample pages and screenshots, legal research problems with answers, checklists for research and writing, and an Instructor's Manual. The Sixth Edition updates and expands many of the examples and exercises used throughout the text to give students the latest information available.

Effective Practice Group Leadership - Second Edition (Paperback, 2nd New edition): Susan Saltonstall Duncan, Susan Raridon... Effective Practice Group Leadership - Second Edition (Paperback, 2nd New edition)
Susan Saltonstall Duncan, Susan Raridon Lambreth, Larry Richard, Michael Roster, Jonathan Fortnam, …
R4,251 Discovery Miles 42 510 Ships in 12 - 17 working days

Law firm practice group leadership is not for the faint hearted. As firms compete increasingly at practice group level, leaders are being asked to run their groups like business units; to develop and implement a strategic plan that supports the goals and competitiveness of the firm; and to coordinate and lead their partners to enhance the efficiency, performance, and profitability of their groups. Many firm leaders complain that some of their group heads are not producing the results they want to see. But how many practice group leaders receive the tools and support they need to succeed in this critical role? How many are selected for demonstrable leadership skills? And how often are they held accountable for how well - or otherwise - they perform in the role? With contributions from a wide range of experts, this second edition of Effective Practice Group Leadership explores these key questions and more, building on the first edition with new insights and thought leadership. The book examines the position of the practice group leader (PGL) in law firms today, the challenges of the role, and the changes to it, innovations and how modern practice groups are changing, and demonstrates the enormous contribution PGLs can make to the profitability and performance of their law firms, when armed with the tools and the authority.

Legal but Corrupt - A New Perspective on Public Ethics (Hardcover): Frank Anechiarico Legal but Corrupt - A New Perspective on Public Ethics (Hardcover)
Frank Anechiarico; Contributions by Guy Adams, Staffan Andersson, Frank Anechiarico, Danny L. Balfour, …
R2,344 Discovery Miles 23 440 Ships in 12 - 17 working days

Labeling a person, institution or particular behavior as "corrupt" signals both political and moral disapproval and, in a functioning democracy, should stimulate inquiry, discussion, and, if the charge is well-founded, reform. This book argues, in a set of closely related chapters, that the political community and scholars alike have underestimated the extent of corruption in the United States and elsewhere and thus, awareness of wrong-doing is limited and discussion of necessary reform is stunted. In fact, there is a class of behaviors and institutions that are legal, but corrupt. They are accepted as legitimate by statute and practice, but they inflict very real social, economic, and political damage. This book explains why it is important to identify legally accepted corruption and provides a series of examples of corruption using this perspective.

Genetic Testing and the Criminal Law (Hardcover): Don Chalmers Genetic Testing and the Criminal Law (Hardcover)
Don Chalmers
R2,632 Discovery Miles 26 320 Ships in 12 - 17 working days

Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from twelve countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan, Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy, Finland, Argentina and Denmark, providing valuable accounts not only of the use of genetic testing in the criminal law, but also of the development of the law in these jurisdictions. No previous work has included such an extensive comparative study in this important area. Collectively, this book emphasizes the need for the law to respond to scientific developments thoughtfully and with a sensitive, well-reasoned approach to current concerns relating to the reliability of DNA evidence in criminal trials and the privacy and civil liberties issues surrounding the collection of DNA samples from individuals and their storage. This book is an invaluable reference for scholars, practitioners of criminal law and private international law, and students interested in this increasingly significant field of law.

Too Many Lawyers? - The future of the legal profession (Hardcover): Eyal Katvan, Carole Silver, Neta Ziv, Avrom Sherr Too Many Lawyers? - The future of the legal profession (Hardcover)
Eyal Katvan, Carole Silver, Neta Ziv, Avrom Sherr
R3,897 Discovery Miles 38 970 Ships in 12 - 17 working days

The topic of "too many lawyers" is both timely and timeless. The future make up and performance of the legal profession is in contest, challenged by new entrants, technology and the demand for transparency; at the same time, lawyers long have participated in contests over professional boundaries. In this book, we take up several fundamental questions about the question of whether there are "too many lawyers". What do we mean by "too many"? Is there a surplus of lawyers? What sort of lawyers are and will be needed? How best can we discern this? These questions and more are addressed here in scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain) by some of the best researchers in the field. The collection, witha chapter by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This book was previously published as a special issue of the International Journal of the Legal Profession.

Evidence and the Archive - Ethics, Aesthetics and Emotion (Hardcover): Katherine Biber, Trish Luker Evidence and the Archive - Ethics, Aesthetics and Emotion (Hardcover)
Katherine Biber, Trish Luker
R3,740 Discovery Miles 37 400 Ships in 12 - 17 working days

This collection explores the stakes, risks and opportunities invoked in opening and exploring law's archive and re-examining law's evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law's work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law's evidence. Within socio-legal discourse, the move towards 'open justice' has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

Morally Sensitive Issues and Cross-Border Movement in the EU - The cases of reproductive matters and legal recognition of... Morally Sensitive Issues and Cross-Border Movement in the EU - The cases of reproductive matters and legal recognition of same-sex relationships (Paperback)
Nelleke Koffeman
R3,306 Discovery Miles 33 060 Ships in 12 - 17 working days

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.

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