In Peaceful Islamist Mobilization in the Muslim World: What Went Right , Julie Chernov Hwang presents a compelling and innovative new theory and framework for examining the variation in Islamist mobilization strategies in Muslim Asia and the Middle East.

The book makes a comprehensive analysis of the basic principles and theories of military law, restructuring the theoretic framework of military law. It also puts forwards the new concepts of "core military law" and "international military law" for the first time in China, and even the world. The book could help legal scholars and lawyers, especially military lawyers and research fellows in military law, to have a new approach to study military law.

Religion, Law, and the Present Water Crisis documents current and impending global water shortages and opposes policies of commodification and privatization of water ownership by multinational water corporations. On the basis of the religions of the world, Richard A. Hughes appeals to pure, running water as a symbol of the sacred. Furthermore, he argues that all bodies of freshwater are commons and that they should be protected by the public trust doctrine. In addition, he contends that there is a right to water and that this right is independent, free-standing, and the prerequisite of other human rights, applying to all states and occupied territories. The increasing acidification of the oceans makes it mandatory to protect them under the reserved water right doctrine and to designate them as "national parks" of the seas. More generally, this book presents a synthesis of water studies and encompasses the religions of the world, theologies of baptism, American water law doctrines, public trust doctrine with special attention to Islamic water law, and international water law treaties. Clean water is a necessity of life. Therefore, it is compelling to recognize the urgency of water scarcity and the need to guarantee the purity of and accessibility to water for all people.

To any professional concerned with exceptional children, it would be the greatest understatement to say that the courts and legislatures have had a tremendous impact on the field of speeial education. Especially in the last decade, a flood of litigation filed to develop and define the right to education of previously unserved handicapped children has left no special education teacher, school adminis trator, nurse, educational psychologist, or pediatrician unaffected-either be cause these professionals are daily called upon to help children, or because they may come forward as witnesses on behalf of children who are the subjects of special education meetings, individualized education programs, placement hear ings, or judicial proceedings. Thus, for these people, questions regarding a student's legal rights are immediate and pervasive. This book developed out of the need to provide nonlegal professionals with a lawyer's view of the huge body of court cases and federal laws and regulations that affect their practice as well as their students and clients. An introductory chapter provides the historical basis of the current interface between law and special education. The Education for All Handicapped Children Act of 1975 and Sec tion 504 of the Rehabilitation Act of 1973, and their regulations promulgated in 1977, are the major national laws in the field ~nd are therefore described in Chapters 2 and 3.

"We need to seamlessly integrate IPR in the standard graduate/post graduate courses in science, technology, commerce, creative arts, etc., without over burdening the students with law"
-Dr Prabuddha Ganguli, CEO, VISION-IPR
Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech."

Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR process"

Designed for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies.

The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements.

Integrating use of the IPRinternalise(r) model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.

This book offers perspectives on the legal and intellectual developments of the twelfth century. Gratian's collection of Church law, the Decretum, was a key text in these developments. Compiled in around 1140, it remained a fundamental work throughout and beyond the Middle Ages. Until now, the many mysteries surrounding the creation of the Decretum have remained unsolved, thereby hampering exploration of the jurisprudential renaissance of the twelfth century. Professor Winroth has now discovered the original version of the Decretum, which has long lain unnoticed among medieval manuscripts, in a version about half as long as the final text. It is also different from the final version in many respects - for example, with regard to the use of of Roman law sources - enabling a reconsideration of the resurgence of law in the twelfth century.

The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct," which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.

This volume is a comprehensive and authoritative comparative analysis which asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. Through this analysis, it offers a clear vision of the realisation of international human rights within the application of Islamic law.

Given the increasing role of intellectual property (IP) in academic research, it is important for academic scientists to gain greater awareness and knowledge of the various issues involved with IP resulting from their research and inventions. In addition, the line between academic and industrial research has been blurred, and a large amount of crossover exists due to corporate funding of academic research and collaborations between company and university laboratories. These and other factors have complicated the push toward technology transfer in universities. As commercialization has become inseparable from university research, there is now an essential need for academics to have a greater understanding of the processes involved. Intellectual Property in Academia: A Practical Guide for Scientists and Engineers fills this need, providing an indispensable source of information for researchers in academia.

You've Just Invented a Gadget - What Now?

Written by a select team of IP professionals, most of whom also have years of experience as scientists, this volume addresses IP issues relevant to the academic community-including ways to efficiently deal with the structural constraints inherent in the university environment. Scientists and engineers will benefit from the authors' insights and their advice on how to establish good communication with university Offices of Technology Transfer. This perspective affords a common language and facilitates a smoother path through IP procedures. The book covers the best approaches to determine invention novelty by prior art searching and gives step-by-step guidance in using the best modern electronic patent databases. It presents a unique practical approach for assessing the monetary value of ideas and provides software for invention valuation, which can be used even during the early stages of an invention's development. The book also discusses invention ownership, which is a crucial issue for scientists employed by universities.

Get Answers to Your Questions about the Steps in Invention Commercialization

Taking a more comprehensive approach than a basic how-to book on patent law, this reference answers inventors' frequently asked questions about employment legislation as well as business and market estimation, invention priority registration, and other necessary steps for the successful commercialization of university inventions. It presents encouraging examples of academic patent successes, describing both the right moves and common mistakes made by scientists. It also provides practical advice on patent writing, filing, and prosecution, useful for both academic and industrial researchers. Other key topics addressed by the text include using copyrighted material, protecting material with copyrights, crucial IP legislation, business models, and new trends and changes in the U.S. patent office. In short, readers will find that this book provides a pathway for easing their journey through the IP process.

This book analyses the social and legal functions of adoption in selected societies worldwide, and reviews the current global wave of adoption law reform. The author explores trends such as inter-country adoption, and examines similarities and differences in the experience of many nations. The book also provides a window for testing the presumption that within and between cultures there exists a common understanding of what is meant by adoption.

Based on the expertise of thirty leading experts on confiscation in the EU, this is the first book to analyse the practice of proceeds from crime confiscation in the original fifteen EU Member States. It examines the implementation of confiscation provisions in all three (investigative, judicial and disposal) phases of confiscation proceedings. It quantifies the enforcement of confiscation provisions in the EU, using an innovative and unique methodology and thereby furnishes understanding of obstacles and best practices.

The conclusion of the book is that the 'tough on criminal wealth' philosophy is largely alien to the everyday practice of law enforcement agencies. Putting criminals behind bars is still the main aim of the system, and most of the scarce resources available are devoted to achieving this.

This title is of interest to academics and students in the fields of criminology, sociology, and law, as well as to law enforcement officers, public prosecutors, and policymakers.

This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

Peter Derleder, Universitatsprofessor und herausragender Zivilrechtsdogmatiker, Mitherausgeber, Kommentator, Kritiker, Praktiker als Richter und Rechtsanwalt, engagierter Lehrer, Foerderer und Prufer des wissenschaftlichen Nachwuchses, Literatur- und Kunstliebhaber, begeht am 3. Marz 2015 seinen 75. Geburtstag. Um ihn zu ehren, haben sich Freunde, Kollegen, Mitstreiter und Weggefahrten zu einer facettenreichen Festschrift zusammengefunden, die seinem Wirken in den vergangenen 10 Jahren gewidmet ist und thematisch vor allem die derzeitigen Arbeitsschwerpunkte des Jubilars im Miet- und Wohnungseigentumsrecht, im Bank-, Insolvenz- und Verbraucherrecht, aber auch zu Grundfragen des Zivilrechts, des Rechts wie der Gerechtigkeit uberhaupt in Bezug nimmt.

This is the fourth volume of a series entitled `Current Legal Issues' that are published each Summer as a sister volume to `Current Legal Problems'. The interaction of religious practice and the law raises a number of difficult and fascinating issues. What exactly do we mean by religious faith? To what extent are the Courts competent to pass judgement on disputes arising within religious organizations? Are some religious faiths more legitimate than others? Should the law grant special privileges to religious believers? - for example exemption from provisions in human rights legislation which would otherwise restrict their activities.

Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.

How do legal systems actually operate outside of Western European or North American liberal democracies? To understand law and legal institutions globally, we must go beyond asking if countries comply with idealized, yet under-theorized, rule of law principles to determine how they work in practice. Examining legal regimes across different areas of criminal and civil law in both urban and rural China and Indonesia during distinct periods from 1949 to the present, William Hurst offers a new way of understanding how cases are adjudicated (and with what implications) across authoritarian, developing, post-colonial, and newly democratizing settings. This is the first systematic comparative study of the world's largest Communist and majority-Muslim nations, and the most comprehensive scholarly work in many years on the micro-level workings of either the Chinese or Indonesian legal system at the grassroots, based on a decade of research and extensive fieldwork in multiple Indonesian and Chinese provinces.

The authenticity of memories of childhood sexual abuse has become one of the major social controversies of the 1990's. As persons who report histories of abuse have sought remedies in civil and criminal proceedings in the courts,the accuracy of their memories--particularly when they have been recalled after a period of time--has been subject to intense scrutiny. This volume brings together many of the leading participants in the debate. Beginning by defining opposing positions, the contributors offer a variety of perspectives on the nature of the memory, including reviews of some of the most exciting recent developments in this fast-moving area of investigation. Next, consideration is given to the impact of trauma on memory, both in adults and in children. With this framework in place, the authors then turn to an examination of the variety of treatment approaches available to help patients who have been victims of trauma and who are struggling with memories of those events. Finally, they address the legal dilemmas for patients, mental health professionals, and society as a whole that have arisen from the trauma and memory controversy. As a whole, this book provides an unparalleled examination of this important and intriguing issue.

Alternative Formen der Streitbeilegung etablieren sich zunehmend. In Arzthaftungssachen gehoeren die Verfahren vor den bei den AErztekammern angesiedelten Gutachterkommissionen und Schlichtungsstellen mittlerweile zum Standardrepertoire der Konfliktloesungsmoeglichkeiten. Die Zweckdienlichkeit der Mediation bei Stoerungen im Arzt-Patient-Verhaltnis ist bislang jedoch kaum thematisiert worden und entsprechend wenig geklart. Die vorliegende Schrift stellt sich erstmalig der Aufgabe einer umfassenden Untersuchung. Sie stellt die Konfliktpotentiale dieser besonderen Beziehung eingehend dar und diskutiert die Eignung der Mediation als Konfliktloesungsmoeglichkeit. UEber die reine Streitbeilegung hinaus wird Mediation als Instrument zur gemeinsamen Loesungsfindung eroertert und aufgezeigt, dass sie speziell in ethischen Grenzbereichen Potentiale birgt. Die Arbeit bietet eine eingehende Analyse der Einsatzmoeglichkeiten und der Grenzen von Mediationsverfahren bei den verschiedensten Stoerungen im Arzt-Patient-Verhaltnis.

Since the Second World War, there has been a significant migration of Muslims to countries in the Western world. Muslims in Non-Muslim Land traces the process by which these migrants arrived in Western Europe - in particular Britain - and explains how the community developed its faith identity through three particular stances: assimilation, isolation and integration. The findings argue that the assumption that Islam causes Muslims to isolate from the indigenous population and form a 'state within a state' is false and that Islamic Law actually gives Muslims confidence and the ability to integrate within the wider society. The theological view that all non-Muslim lands are dar alarb (domain of war) is challenged, and the study shows that the traditional interpretive model of Islamic Law inherently possesses the flexibility and applicability to take into consideration minority-status of Muslims in Britain. Muslims in Non-Muslim Land focuses on Islamic Law as interpreted by the anafi Law school and highlights in detail the multi-pronged and robust nature of its legal theory and subsequent application. What is ground-breaking about Muslims in Non-Muslim Lands is that it illustrates the ability of anafi Law to deal with contemporary issues in a wide range of subjects. It also provides Muslims with ways of Islamically resolving medical, financial and political concerns. The study concludes that Islamic Law can facilitate the integration of Muslim minorities within secular societies while allowing them to still remain true to their faith.

Mit Vertr gen sollen wirtschaftliche Ziele umgesetzt werden. Das gelingt nur deshalb, weil Regeln dar ber bestehen, welches Verhalten durch Vertr ge bewirkt und im Streitfall erzwungen werden kann. Fr her orientierten sich Vertragsinhalte vornehmlich daran, was die Vertragsparteien wollten, heute sind sie zunehmend an die Wertvorstellungen des Gesetzgebers gebunden. Das Buch hilft dabei, die Konsequenzen zu berschauen, die sich daraus f r die Vertragsparteien ergeben, die wirtschaftlichen Folgen zu erkennen und vertraglich zu gestalten.

Why are honour killings and honour-related violence (HRV) so important to understand? What do such crimes represent? And how does HRV fit in with Western views and perceptions of Islam? This distinctively comparative collection examines the concept of HRV against women in general and Muslim women in particular. The issue of HRV has become a sensitive subject in many South Asian and Middle Eastern countries and it has received the growing attention of the media, human rights groups and academics around the globe. However, the issue has yet to receive detailed academic study in the United Kingdom, particularly in terms of both legal and sociological research. This collection sets out the theoretical and ethical parameters of the study of HRV in order to address this intellectual vacuum in a socio-legal context. The key objectives of this book are: to construct, and to develop further, a theory of HRV; to rationalise and characterise the different forms of HRV; to investigate the role of religion, race and class in society within this context, in particular, the role of Islam; to scrutinise the role of the civil/criminal law/justice systems in preventing these crimes; and to inform public policy-makers of the potential policies that may be employed in combating HRV.

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.