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Books > Law > Other areas of law
Whistleblowers play an important role in safeguarding the federal government against waste, fraud, and abuse. However, reporting wrongdoing outside the chain of command conflicts with military guidance, which emphasises using the chain of command to resolve problems. Whistleblowers who make a report risk reprisal from their unit, such as being demoted or separated. DOD's Office of Inspector General's (DODIG) is responsible for conducting and overseeing military whistleblower reprisal investigations. This book examines the extent to which DOD met statutory notification and internal timeliness requirements for completing military whistleblower reprisal investigations; DODIG's whistleblower case management system supports oversight of reprisal investigations; and DOD has processes to ensure oversight of service IG-conducted reprisal investigations. It also describes best practices for conducting military reprisal and restriction intakes and investigations.
A hands-on guide to the most pertinent and critical legal issues facing those who lead and manage tax-exempt colleges and universities Nonprofit Law for Colleges and Universities is a practical, accessible guide to nonprofit law as it is specifically applicable to exempt colleges and universities, and their related entities, such as fundraising foundations, endowment funds, supporting organizations, for-profit subsidiaries, and limited liability companies. Topics discussed will include governance, endowment funds management, the annual reporting requirements, and the unrelated business rulesWritten by the country's leading authorities on tax-exempt organizationsFeatures essential, practical legal information in easy-to-understand EnglishPresented in question-and-answer format, divided according to major topic areas that are of interest to those who lead and manage tax-exempt colleges and universities Designed for the management and leadership of colleges and universities, as well as others working in the higher education field, such as lawyers, accountants, and fundraising/development personnel, Nonprofit Law for Colleges and Universities allows readers to easily search for and find answers to questions, putting all the information they need right at their fingertips.
Historian Chris Bray (a former soldier) tells the sweeping story of military justice from the institution of the American court martial in the earliest days of the Republic to contemporary arguments over how to use military courts to try foreign terrorists or soldiers accused of sexual assault.
Non-disability mental conditions, such as personality disorders, can render a service member unsuitable for military service and can lead to an administrative separation. This book examines the extent to which the Department of Defense (DOD) and the military services are able to identify the number of enlisted service members separated for non-disability mental conditions, and the military services are complying with DOD requirements when separating enlisted service members for non-disability mental conditions, including personality disorders, and how DOD and the military services oversee such separations.
Getting to grips with law and policy can be daunting for beginning and established teachers alike. Law and Ethics for Australian Teachers provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the broader school environment. This book breaks down the relevant case law, as well as state and territory legislation and policy, in an accessible way to help readers navigate these complex issues. It covers topics including duty of care and mandatory reporting, work health and safety issues, family court orders and parenting plans, suspensions and exclusions, and criminal law issues. Each chapter features case studies, definitions of key terms, detailed scenarios and end-of-chapter questions to help readers understand a wide range of professional issues. Written by a team of authors with both teaching and legal expertise, Law and Ethics for Australian Teachers is an essential resource for pre- and in-service teachers.
This book provides background information and presents potential issues for Congress concerning the Navys ship force-structure goals and shipbuilding plans. The planned size of the Navy, the rate of Navy ship procurement, and the prospective affordability of the Navys shipbuilding plans have been matters of concern for the congressional defense committees for the past several years. Decisions that Congress makes on Navy shipbuilding programs can substantially affect Navy capabilities and funding requirements, and the U.S. shipbuilding industrial base. Moreover, in support of its mission to deter conflict or fight in wars if necessary, the Navy considers it a core responsibility to maintain a forward presenceto keep some of its fleet far from U.S. shores at all times in areas that are important to national interests. This book discusses preserving the Navy's forward presence with s smaller fleet, as well as provides an analysis of the Navy's fiscal year 2015 shipbuilding plan. Finally, it examines the long-term effect if crew rotation on forward presence.
Article I, Section 8, of the Constitution vests in Congress the power "to declare War." Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nations ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency. This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorisations for the use of force that have been enacted.
How has the Ismaili branch of Shi'i Islam interacted with other Islamic communities throughout history? The groups and movements that make up Islamic civilisation are diverse and varied yet, while scholarship has analysed many branches of Islam in isolation, the exchanges and mutual influences between them has not been sufficiently recognised. This book traces the interactions between Ismaili intellectual thought and the philosophies of other Islamic groups to shed light on the complex and interwoven nature of Islamic civilisation. Based on a broad range of primary sources from the early medieval to the late nineteenth century, the book brings together different disciplines within Islamic Studies to cover polemical and doctrinal literature, law, mysticism, rituals and philosophy. The main Ismaili groups, such as the Fatimids, Nizaris and Tayyibis, are represented, as well as lesser known traditions such as that associated with the mountain region of Badakhshan in Central Asia. Religious syncretism, particularly in the Indian subcontinent and in Yemen, is considered alongside cultural interactions as reflected in the circulation of books in Fatimid markets, and various literary and mythical traditions, some still little explored. The chapters include contributions from leading experts in the field shed new light on the close and complex relationships very different Islamic groups and movements have enjoyed throughout the centuries.
Since publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales. This latest edition has been fully revised throughout. Much of the content has been completely rewritten to cover the substantial changes to the Regulations since publication of the 13th edition, to ensure it continues to provide the detailed guidance needed by all those concerned with building work, including architects, building control officers, Approved Inspectors, Competent Persons, building surveyors, engineers, contractors and students in the relevant disciplines.
In this thought-provoking book, Mona Siddiqui reflects upon key themes in Islamic law and theology. These themes, which range through discussions about friendship, divorce, drunkenness, love, slavery and ritual slaughter, offer fascinating insights into Islamic ethics and the way in which arguments developed in medieval juristic discourse. Pre-modern religious works contained a richness of thought, hesitation and speculation on a wide range of topics, which were socially relevant but also presented intellectual challenges to the scholars for whom God's revelation could be understood in diverse ways. These subjects remain relevant today, for practising Muslims and scholars of Islamic law and religious studies. Mona Siddiqui is an astute and articulate interpreter who relays complex ideas about the Islamic tradition with great clarity. Her book charts her own journey through the classical texts and reflects upon how the principles expounded there have guided her own thinking, teaching and research.
In recent years the subject of freedom of expression has become a
topic of heated debate. "Freedom of Expression in Islam" offers the
first and only detailed presentation in English of freedom of
expression from both the legal and moral perspectives of Islam.
This work is a pioneering attempt in examining both the evidence on
freedom of expression in the sources of the "Shari'ah" and the
limitations, whether moral, legal or theological, that Islam
imposes on the valid exercise of this freedom. "Freedom of
Expression in Islam "is informative not only on the subject of the
possibilities of freedom of expression within Islam, but also on
the cultural tradition of Islam and its guidelines on social
behaviour. "Freedom of Expression in Islam" is part of a series
dedicated to the fundamental rights and liberties in Islam and
should be read in conjunction with "The Dignity of Man: An Islamic
Perspective" and "Freedom, Equality and Justice in Islam."
Written by two experts in the field, the Business Law LPC manual provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law. The manual provides all of the required material students need to understand the latest legal developments affecting business law transactions, with a particular focus on relevant taxation law and business accounts. Examples are used throughout the manual to enable students to contextualize their learning effectively. Extensive and updated statutory references allow students both to cross-refer to appropriate primary sources, and to use the guide to interpret such sources. The book's depth of coverage, accessible format, and clear structure make it an ideal reference for students on the Legal Practice Course. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024.
This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
Can Islamic finance save the global system? Islamic Finance and the New Financial System describes how the adoption of Islamic finance principles in future regulatory decisions could help prevent future shocks in the global financial system. Using illustrations and examples to highlight key points in recent history, this book discusses the causes of financial crises, why they are becoming more frequent and increasingly severe, and how the new financial system will incorporate elements of Islamic finance whether deliberately or not. With an introspective look at the system and an examination of the misconceptions and deficiencies in theory vs. practice, readers will learn why Islamic finance has not been as influential as it should be on the larger global system. Solutions to these crises are thoroughly detailed, and the author puts forth a compelling argument about what can be expected in the future. Despite international intervention and global policy changes, the financial system remains in a fragile state. There is an argument to be made about integrating Islamic finance into the new system to facilitate stronger resilience, and this book explains the nuts and bolts of the idea while providing the reader with a general understanding of Islamic finance. * Understand the key principles of Islamic finance * Examine the history of the current financial system * Discover how Islamic finance can help build a new debt-free economy * Learn how Islamic finance theory doesn't always dictate practice Although Islamic finance is a growing market, it is still a foreign concept to many. Those within the Islamic finance circles wonder why the system has yet to gain broader appeal despite its ability to create a strong and well-balanced economy. Islamic Finance and the New Financial System provides clever analysis and historical background to put the issues into perspective.
States increasingly cooperate to buy expensive defence equipment, but the management and legal aspects of these large collaborative procurement programmes are complex and not well understood. The Law of Collaborative Defence Procurement in the European Union analyses how these programmes are managed, and highlights areas which require improvement. The book addresses the law applicable to these programmes, which is built upon a four-layer 'matryoshka doll' of legal relationships at the crossroads of public international law, EU law and domestic law. Using practical examples, the book makes proposals for clarifying the legal basis and improving the efficiency of defence equipment cooperation among EU member states. By covering a broad scope of legal issues, this analysis goes beyond the defence sector and is relevant to centralised or joint purchasing and procurement activities of international organisations, providing invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.
This book presents the state-of-the-art environmental governance research and practices in Indonesia. It offers a wide scope, covering different sectors (e.g., forestry, mining) and geographical landscapes (e.g., inland and coastal areas). This book engages with existing theories and frameworks, including Earth System Governance, Adaptive and Interactive Governance, among others to trigger a debate regarding the operationalization of such concepts, which are mostly developed for the Global North context. It is also our ambition to incorporate more empirical knowledge from local contexts to indicate research gaps and future directions for environmental governance research agenda to be more diverse, inclusive, and facilitate the incorporation of inter-and transdisciplinary knowledge. This book will be useful for researchers, students, practitioners, and policymakers who are interested in the field of environmental governance, especially in Indonesia. Indonesia is one of the countries with the fastest-growing economies in Asia. Indonesia is rich in natural resources but also suffers from overexploitation and environmental threats exacerbated by climate and human pressures. Along with the growing global ambitions for achieving sustainable development and capacity to adapt to current and future threats, including climate change impacts and disaster risk, Indonesia's commitments to balance development while safeguarding a good environmental status are also increasing. The challenge is on how to govern complex and systemic natural, social and governance systems while adhering to the principle of equity and justice? As it will require more than traditional hierarchical modes of governance and current regulatory instruments (i.e., law and regulations). This is an open access book.
The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.
In the late fourth century, in the absence of formal church councils, bishops from all over the Western Empire wrote to the Pope asking for advice on issues including celibacy, marriage law, penance and heresy, with papal responses to these questions often being incorportated into private collections of canon law. Most papal documents were therefore responses to questions from bishops, and not initiated from Rome. Bringing together these key texts, this volume of accessible translations and critical transcriptions of papal letters is arranged thematically to offer a new understanding of attitudes towards these fundamental issues within canon law. Papal Jurisprudence, c.400 reveals what bishops were asking, and why the replies mattered. It is offered as a companion to the forthcoming volume Papal Jurisprudence: Social Origins and Medieval Reception of Canon Law, 385-1234.
This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.
The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
Written by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyat doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.
To most Americans, the law--especially noncriminal (civil) law--is a mystery that only someone with a law degree can solve. With a masterful mixture of explanatory text, real cases showing the law at work, and the reflections of important historical and contemporary legal thinkers, "Understanding Law in a Changing Society" renders the complexity of law at a level that everyone can understand. The book walks students through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change effect one another.In this revised and updated third edition, important developments in judicial selection, the state secrets doctrine, and family law (including same-sex marriage, child custody, and unwed fathers' rights) are highlighted.Author team This distinguished author team includes scholars and award-winning teachers from political science and public justice, as well as one who has practiced law in a private setting before joining the scholarly world.Multidisciplinary appeal Over the years, this text has been a reliable one for a variety of courses in a variety of departments introducing the American court system to students in political science, pre-law, criminal justice, and law & society courses.Features In the new edition, the authors have provided updated information for every chapter in a compact introduction to the text. Updates include new cases, readings, discussion questions, legal terms to know, further readings, and "You Be the Judge" items--all the features (including chapter objectives) that have made this text stand out from its inception.Updates Highlights of the updates include important developments in judicial selection, the state secrets doctrine, and family law including same-sex marriage, child custody, and unwed fathers' rights.New Features In addition, this edition includes for the first time annotated Websites for legal studies and a full text Glossary. This website for the book includes live links to the new sites in the book.How to Brief a Case For students new to law who may find the case format intimidating, the text opens with a section explaining step by step how to approach this task.Distinctiveness What sets this text apart from others you may consider? We think that its combination of casebook, reader, and basic text material is skillfully and uniquely woven together in a presentation designed for student interest and comprehension. Fascinating cases have been edited and introduced at just the right pitch and level. Students will come away with a solid understanding not just of the rule of law, but of how it works. The process of legal decisionmaking is at least as important as the laws themselves, for understanding the process helps students deal with complexity and inevitable change in the system.Finally, even with the new material and updates, this text is more compact than other introductory texts, offered in paperback, and competitively priced. In addition to its many other attributes, students will appreciate this text Websites from the Revised and Updated Third Edition |
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