This introductory textbook provides an overview of the concepts necessary for an understanding of agricultural and agribusiness law. The text will help students of land-based industries with little or no legal background to appreciate and identify issues that may require referral or consultation with legal counsel. This new edition is fully revised and updated, particularly addressing developments in taxation and trade, and includes a new chapter on criminal law, an area of increasing relevance to agriculture. Each concise chapter addresses a different legal issue that those employed in agriculture and agribusiness may face, and both federal law and representative examples of state law are included. In addition to traditional topics such as contracts, property law, and estate planning, the book also covers more contemporary issues such as organic certification, animal law, genetically engineered crops, and food safety. Agricultural law extends beyond those directly engaged in farming to those in agribusiness who provide services and inputs to farmers, buy farmers' products, store or transport products, manufacture food products and serve as intermediaries between farmers and consumers. The book will, therefore, also serve as a reference and a guide for those employed in agribusiness and agriculture.

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.

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.

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."

"Persuasive and brilliantly written, the book is especially timely given the rise of trillion-dollar tech companies."--Publishers Weekly

From the man who coined the term "net neutrality," author of The Master Switch and The Attention Merchants, comes a warning about the dangers of excessive corporate and industrial concentration for our economic and political future.

We live in an age of extreme corporate concentration, in which global industries are controlled by just a few giant firms -- big banks, big pharma, and big tech, just to name a few. But concern over what Louis Brandeis called the "curse of bigness" can no longer remain the province of specialist lawyers and economists, for it has spilled over into policy and politics, even threatening democracy itself. History suggests that tolerance of inequality and failing to control excessive corporate power may prompt the rise of populism, nationalism, extremist politicians, and fascist regimes. In short, as Wu warns, we are in grave danger of repeating the signature errors of the twentieth century.

In The Curse of Bigness, Columbia professor Tim Wu tells of how figures like Brandeis and Theodore Roosevelt first confronted the democratic threats posed by the great trusts of the Gilded Age--but the lessons of the Progressive Era were forgotten in the last 40 years. He calls for recovering the lost tenets of the trustbusting age as part of a broader revival of American progressive ideas as we confront the fallout of persistent and extreme economic inequality.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

While scholars have long looked at the role of political Islam in the Middle East, it has been assumed that domestic politics in the wealthy monarchical states of the Arabian Gulf, so-called "rentier states" where taxes are very low and oil wealth subsidizes the needs of citizens, are largely unaffected by such movements. However, the long accepted rentier theory has been shortsighted in overlooking the socio-political role played by Muslim Brotherhood affiliates in the super-rentiers of Kuwait, Qatar, and the United Arab Emirates. While rentier state theory assumes that citizens of such states will form opposition blocs only when their stake in rent income is threatened, this book demonstrates that ideology, rather than rent, have motivated the formation of independent Islamist movements in the wealthiest states of the region. In the monarchical systems of Qatar and the UAE, Islamist groups do not have the opportunity to compete for power and therefore cannot use the ballot box to gain popularity or influence political life, as they do elsewhere in the Middle East. But, as this book points out, the division between the social and political sectors is often blurred in the socially conservative states of the Gulf, as political actors operate through channels that are not institutionalized. Simply because politics is underinstitutionalized in such states does not mean that it is underdeveloped; the informal realm holds considerable political capital. As such, the book argues that Brotherhood movements have managed to use the links between the social (i.e. informal personal networks) and political (i.e. government institutions) to gain influence in policymaking in such states.Using contemporary history and original empirical research, Courtney Freer updates traditional rentier state theory and argues that political Islam serves as a prominent voice and tool to promote more strictly political, and often populist or reformist, views supported by many Gulf citizens.

Recent high-profile military-related cases involving sexual assaults by U.S. service members have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a service member convicted of an offense. Additionally, some military-related cases, including those of Major Nidal Hasan, the alleged shooter at Fort Hood, and Private first class Bradley Manning, the alleged source of leaked classified material through the organization WikiLeaks, have raised questions regarding the mental capacity of the accused and how the military justice system addresses this concern. This book focuses on the courts-martial, the military justice system, and the adjudication of sexual offenses.

Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area. Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract. The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act. The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.

Provides an authoritative analytical and practical doctrinal consideration of the law relating to professional immunities in tort law. Dr Davies primarily focuses on English law with some coverage of other common law jurisdictions where cases and other materials are relevant. Professional obligations and liabilities play an important role in tort, with a limited number of professional and occupational groups considered to benefit from some 'immunity' from these. This essential text reviews the nature of immunities and considers the contexts in which the term is used before providing examples of those 'immune' professions with reference to case law and leading secondary commentary. It addresses the rationales and justifications for immunities and, more broadly, their interaction with general professional negligence and liability issues.

In 2012, the Department of Defense (DoD) spent $52 billion on health care for service members, retirees, and their families. The department offers health care to nearly 10 million people through its TRICARE program, an integrated system of military health care providers and regional networks of civilian providers. Established in 1993, TRICARE now consists of three major plans: TRICARE Prime, TRICARE Standard, and TRICARE Extra. The cost of providing this care has increased rapidly as a share of the defence budget over the past decade, outpacing growth in the economy, growth in per capita health care spending in the United States, and growth in funding for DoD's base budget. This book focuses on the approaches that can be taken to reduce federal spending on military care, and continues to provide information on management practices available to help achieve efficiencies within the military health system.

In 1910, al-Mahdi al-Wazzani, a prominent Moroccan Islamic scholar completed his massive compilation of Maliki fatwas. An eleven-volume set, it is the most extensive collection of fatwas written and published in the Arab Middle East during the late nineteenth and early twentieth centuries. Al-Wazzani's legal opinions addressed practical concerns and questions: What are the ethical and legal duties of Muslims residing under European rule? Is emigration from non-Muslim territory an absolute duty? Is it ethical for Muslim merchants to travel to Europe? Is it legal to consume European-manufactured goods? It was his expectation that these fatwas would help the Muslim community navigate the modern world.
In considering al-Wazzani's work, this book explores the creative process of transforming Islamic law to guarantee the survival of a Muslim community in a changing world. It is the first study to treat Islamic revival and reform from discourses informed by the sociolegal concerns that shaped the daily lives of ordinary people. Etty Terem challenges conventional scholarship that presents Islamic tradition as inimical to modernity and, in so doing, provides a new framework for conceptualizing modern Islamic reform. Her innovative and insightful reorientation constructs the origins of modern Islam as firmly rooted in the messy complexity of everyday life.

Die Autoren legen ein systematisch und alphabetisch gegliedertes Handbuch zum Recht der freien DienstvertrAge im BA1/4rgerlichen Gesetzbuch vor. Unter "freien Diensten" werden alle von A 611 BGB erfaAten Dienstleistungen verstanden, die nicht in den Bereich des Arbeitsrechts fallen. In der Dienstleistungsgesellschaft sind die freien DienstvertrAge ein bedeutsames und zugleich besonders dynamisches Gebiet des Zivilrechts. Das Handbuch erlAutert die freien DienstvertrAge anhand der Rechtsprechung und der Literatur. Die VertrAge mit A"rzten, GeschAftsleitern, RechtsanwAlten und Steuerberatern werden hervorgehoben behandelt in selbstAndigen Kapiteln mit eigenstAndiger Gliederung. Rund 100 weitere Vertragstypen werden in alphabetischer Anordnung dargestellt. Zu Beginn eines jeden Abschnitts ist die einschlAgige Spezialliteratur aufgefA1/4hrt. Haftungs- und Beweislastfragen kommt besonderes Gewicht zu. Ein umfangreiches Sachregister fA1/4hrt ergAnzend zur systematischen Gliederung zA1/4gig an die einschlAgige Fundstelle.

This book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.

The history of the vexed relationship between clergy and warfare is traced through a careful examination of canon law. In the first millennium the Christian Church forbade its clergy from bearing arms. In the mid-eleventh century the ban was reiterated many times at the highest levels: all participants in the battle of Hastings, for example, who had drawn blood were required to do public penance. Yet over the next two hundred years the canon law of the Latin Church changed significantly: the pope and bishops came to authorize and direct wars; military-religious orders, beginning with the Templars, emerged to defend the faithful and the Faith; and individual clerics were allowed to bear arms for defensive purposes. This study examines how these changes developed, ranging widely across Europe and taking the story right up to the present day; it also considers the reasons why the original prohibition has never been restored. LAWRENCE G. DUGGAN is Professor of History at the University of Delaware and research fellow of the Alexander von Humboldt Foundation.

New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years.
The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.

Successful sports agents are comfortable with high finance and intense competition for the right to represent talented players, and the most respected agents are those who can deal with the pressures of high-stakes negotiations in an honest fashion. But whereas rules and penalties govern the playing field, there are far fewer restrictions on agents. In The Business of Sports Agents, Kenneth L. Shropshire, Timothy Davis, and N. Jeremi Duru, experts in the fields of sports business and law, examine the history of the sports agent business and the rules and laws developed to regulate the profession. They also consider recommendations for reform, including uniform laws that would apply to all agents, redefining amateurism in college sports, and stiffening requirements for licensing agents. This revised and expanded third edition brings the volume up to date on recent changes in the industry, including: -the emergence and dominance of companies such as Creative Artists Agency and Wasserman Media Group -high-profile cases of agent misconduct, principally Josh Luchs, whose agent certification was revoked by the NFLPA -legal challenges against the NCAA that may fundamentally change the definition of amateurism -changes to agent regulations resulting from new collective bargaining agreements in all of the major professional sports -evaluation of the effectiveness of the Uniform Athlete Agents Act (2000) to regulate agent conduct -issues faced by the increasing number of agents representing athletes who work abroad as well as athletes from abroad who work in the United States. Whether aspiring sports agent, lawyer, athlete seeking an agent, or simply interested in understanding the world of sports representation, the reader will find in The Business of Sports Agents the most comprehensive overview of the industry as well as a straightforward analysis of its problems and proposed solutions.

In Counterinsurgency Law, William Banks and several distinguished contributors explore from an interdisciplinary legal and policy perspective the multiple challenges that counterinsurgency operations pose today to the rule of law - international, humanitarian, human rights, criminal, and domestic. Addressing the considerable challenges for the future of armed conflict, each contributor in the book explores the premise that in COIN operations, international humanitarian law, human rights law, international law more generally, and domestic national security laws do not provide adequate legal and policy coverage and guidance for multiple reasons, many of which are explored in this book. A second shared premise is that these problems are not only challenges for the law in post-9/11 security environments-but matters of policy with implications for the international community and for global security more generally.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible.
In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them.
By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.

Targeting is the primary method for securing strategic objectives in an armed conflict. Failure to comply with the law of targeting jeopardizes the achievement of those aims. It is therefore essential that all those involved in or studying issues surrounding targeting have an accurate and complete understanding of this area of law. This book offers the definitive and comprehensive statement of all aspects of the law of targeting. It is a 'one-stop shop' that answers all relevant questions in depth. It has been written in an open, accessible yet comprehensive style, and addresses both matters of established law and issues of topical controversy.
The text explains the meanings of such terms as 'civilian', 'combatant', and 'military objective'. Chapters are devoted to the core targeting principles of distinction, discrimination, and proportionality, as well as to the relationship between targeting and the protection of the environment and of objects and persons entitled to special protection. New technologies are also covered, with chapters looking at attacks using unmanned platforms and a discussion of the issues arising from cyber warfare. The book also examines recent controversies and perceived ambiguities in the rules governing targeting, including the use of human shields, the level of care required in a bombing campaign, and the difficulties involved in determining whether someone is directly participating in hostilities. This book will be invaluable to all working in this contentious area of law.