This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Dynamic risk factors are the children of risk prediction. They were identified to help practitioners assess risk of recidivism and to set treatment targets likely to reduce reoffending. This resulted in the development of intervention programs designed to modify the characteristics of individuals and their environments associated with crime. The predictive nature of their legacy lies in their ability to provide reliable information about the likelihood of future reoffending. In this respect, dynamic risk factors are useful complements to static risk factors such as age, gender, and history of offending, and add incremental validity to recidivism prediction. Their treatment utility resides in the fact that practitioners increasingly rely on the identification of dynamic risk factors to direct correctional assessment and interventions. Thus, dynamic risk factors have a dual status. They are both useful predictors of reoffending and measures of risk status, and potential causes of reoffending, capable of serving an explanatory role as well as a predictive one. It is a simple and powerful conceptualization that has streamlined forensic and correctional research, program development, and the delivery of treatment. Despite its conceptual elegance we believe that the dual conceptualization of dynamic risk factors is problematic and these difficulties spill over into their role in assessment, assessment, treatment, and desistance contexts. In this publication, the nature and function of dynamic risk factors are investigated and their strengths and limitations identified. This book was originally published as a special issue of Psychology, Crime and Law.

Why are women still at a disadvantage in Chinese divorce courts? Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice. Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

This is the first book designed to assist behavioral scientists in the preparation of scholarly or applied research regarding deceptive advertising which will ultimately affect public policy in this area. Because there was an inadequate foundation upon which to build a program of research for this topic, a three-part solution has been devised:
1) a review of how deception is viewed and regulated
2) a theory of how consumers process deceptive information
3) a sensitive and consistent means of measuring deceptiveness.
This text provides detailed discussions regarding the intersection of law and behavioral science and its application to deceptive advertising. In so doing, it offers a solid foundation upon which to base expanded behavioral research into how consumers are deceived by advertising claims, and what cognitive processes are involved in that deception.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn't copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!

Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

The second volume of the series "Key Concepts in Interreligious Discourses" points out the roots of the concept of ''human rights'' in Judaism, Christianity and Islam. It shows how far the universal validity of ''human rights'' opposes in some crucial points with religious traditions. The volume demonstrates that new perspectives are introduced to the general discussion about human rights when related to religious traditions. Especially the interreligious viewpoint proves that a new kind of debate about human rights and its history is necessary.

As a psychotherapist, what do you need to know about the law? How does the legal system support (or fail to support) your work or the delivery of mental health services generally? What can you do to make use of the law and the legal system to improve your practice and to protect yourself? Filling a significant gap in the social work and other psychotherapeutic literature, Legal Issues in Social Work, Counseling, and Mental Health presents clearly and comprehensively what mental health and other direct practice professionals need to know to respond to the legal issues that surround practice. This volume covers a wide range of topics, including providing testimony, responding to subpoenas, dealing with an attorney, influencing the legal system, and understanding the legal side of the business of psychotherapy. The author also discusses various direct practice and human service issues, incorporating some of the everyday legal issues these professionals encounter and using case material. The book educates counselors and clinicians on the function of the law in their professional lives. Through cases and case vignettes, the author illustrates the legal processes relevant to cliniciansAE professional lives, and suggests "alternative behaviors for clinicians that would satisfy legal requirements, yet remain within sound practice." Helping to demystify the legal system, Legal Issues in Social Work, Counseling, and Mental Health will allow professionals and students in social work, human services, family studies, counseling, clinical psychology, pastoral counseling and psychotherapy a better understanding of the law.

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

This edited collection is grounded in a green criminological approach to understand whether the law, both in effect and implications, reflects, refracts, or sublimates the social, political and ecological conditions of our times. Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole. As a continuously blossoming field of criminological inquiry, green criminology recognizes and examines behaviours that are both illegal and legal (yet detrimental), and in varying ways has made great efforts to provide insight into harms in a more fulsome manner. At the same time, there have been many significant legal instances, domestic, and international, including case law, legislation, regulation, treaties, agreements and executive directives which have troubled the law's understanding of green harms, illegal and legal activity, pushing legal boundaries in the process. Recognizing that humanity and nature are inextricably integrated, Green Criminology and the Law reflects the range and depth of high-quality research and scholarship, combining contributions from established scholars willing to explore new topics and recent entrants who are breaking new scholarly ground.

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US-possessor of the world's most powerful cyber arsenal-responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace-albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.

This work studies not only the philosophical and religious underpinnings of Sharia law, but case material and legal statistics to analyse its application in the area of personal status law in the Sudan. It stresses marriage, divorce, child custody, women's status and social movements for change.

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

The Golden Book is a multi-volume in-depth study that sets forth a plan, strategies, and solutions to eradicate violations of human rights through the proposed theory of the divinity of God as the source of law distinct from religiosity. In turn, this divinity positively impacts the divinity of humanity in governmental systems, embracing the classification of law as eternal, divine, natural, and human as put forth by Thomas Aquinas. Charles Mwalimu focuses on the creation of the National State of Africa Under God (NSA) as the case study. The critical analysis seeks answers to what terms such as "A Nation Under God", "In God We Trust", and "We the People", really mean as sources of power in constitution-making.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

We are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law? This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media. This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side. 'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host 'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University

"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school--from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.

The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.

Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.

This book presents a comprehensive analysis of the existing nature of India's groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the "elitist" and the "egalitarian." The book's fundamental premise is that despite being an extraordinarily critical resource that supports India's burgeoning population's ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book's introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management-Inter-state Water Conflicts-Aquifers-Water Markets-Water Security-Water Law Reform-Groundwater Law-Water Law-Sustainable Development-Hydrology

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.