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Books > Law > Laws of other jurisdictions & general law > Social law
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umea University in Sweden.
This book puts CGTN (formerly CCTV-News) and the BBC's international television news head-to-head, interrogating competing 'truths' in the exacting business of news reporting. Written by a media scholar and former long-serving BBC News journalist, Seeking Truth in International TV News asks if China's English-language television news programmes are nothing but state propaganda, and if the BBC is a universal news standard to which all other broadcasters should aspire. Over eight years of Xi Jinping's rule, it investigates how the international TV news channels of CGTN and the BBC reported on Chinese politics, protests in Hong Kong, disasters, China in Africa, and insurgency and its suppression in Xinjiang. The comparison reveals uneven editorial imperatives at the Chinese broadcaster and raises questions about the BBC's professed tenets of balance and impartiality. It also illustrates how Chinese journalists commit 'small acts of journalism' that push the boundaries of information control. A rigorous analysis of reportage from the two channels, this book will interest scholars of global media, journalism, international relations and public diplomacy. It will also interest those in academia, the media and international affairs who want to examine the nature of news and 'soft power' in a comparative context.
By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed crimmigration under international protection, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on a comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification; and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of Criminal law and Criminology, Immigration law, Citizenship Studies, Globalization Studies, Border Studies and Critical Refugee Studies.
This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.
This book explores how cities are shaped by the lived experiences of inhabitants and examines the ways they develop strategies to cope with daily and unexpected challenges. It argues that migration, livelihood, and public health challenges result from inadequacies in the hard city-urban assets, such as land, infrastructure and housing, and asserts that these challenges and escalating vulnerabilities are best negotiated using the soft city-social capital and community networks. In so doing, the authors criticise a singular knowledge system and argue for a granular, nuanced understanding of cities-of the interrelations between people in places, everyday urbanisms, social relationships, cultural practices and histories. The volume presents perspectives from the Global South and the Global North, and engages with city-specific cases from Africa, India and Europe for a deeper understanding of resilience. Part of the Urban Futures series, it will be of great interest to students and researchers of urban studies, urban planning, urban management, architecture, urban sociology, urban design, ecology, conservation, and urban sustainability. It will also be useful for urbanists, architects, urban sociologists, city and town planners and those interested in a deeper understanding of the contemporary and future city.
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors. The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change. Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trails will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.
This book explores how cities are shaped by the lived experiences of inhabitants and examines the ways they develop strategies to cope with daily and unexpected challenges. It argues that migration, livelihood, and public health challenges result from inadequacies in the hard city-urban assets, such as land, infrastructure and housing, and asserts that these challenges and escalating vulnerabilities are best negotiated using the soft city-social capital and community networks. In so doing, the authors criticise a singular knowledge system and argue for a granular, nuanced understanding of cities-of the interrelations between people in places, everyday urbanisms, social relationships, cultural practices and histories. The volume presents perspectives from the Global South and the Global North, and engages with city-specific cases from Africa, India and Europe for a deeper understanding of resilience. Part of the Urban Futures series, it will be of great interest to students and researchers of urban studies, urban planning, urban management, architecture, urban sociology, urban design, ecology, conservation, and urban sustainability. It will also be useful for urbanists, architects, urban sociologists, city and town planners and those interested in a deeper understanding of the contemporary and future city.
It is increasingly apparent that capitalism cannot stave off the truly frightening ecological disasters that threaten the future of life on earth. Is it an accident that the strongest and most capitalist economic force in the world, the US, is also that force that is most prone to the denial of the enormous dangers of global warming? While capitalism is a global force, it is not supported by the majority of the world, and much more thought and action is needed to integrate and globalize movements against oppression, injustice and ecological destruction. While changes at a local level are important and more feasible in our current world, ultimately changes at a global level may have greater long-term importance, and we need to greatly expand theorizations and mobilizations in this direction now. Robert Albritton proposes 'practical utopias' as a process of thinking by which short-term changes tend in the direction of desirable changes in the long term.
This book provides essential reading to anyone interested in projecting the future of either the forest products market and/or the forest resource conditions. It is aimed at policy makers, model builders, researchers and graduate students who are building or using forest sector models, as well as at forest industry managers and analysts. While focusing on a specific modeling system the US Timber Assessment models the authors highlight the general elements that might comprise a forest-sector market model of any country or region. Approaches to policy analysis are also general and equally applicable to both national and multi-national forest policy development outside the US particularly in relation to on-going efforts to formulate national programs of sustainable forestry. Darius Adams and Richard Haynes are widely recognized as leading experts in the forest sector modeling field.
It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people. Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people? Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care? Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life. These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.
Criticism that the development sector has not delivered in terms of eliminating extreme poverty, fast-tracking growth and preventing conflict, is neither new nor surprising. In fact, it may be the one thing that scholars, donors and practitioners agree on. While many of these concerns are valid, this book makes a case that the sector is closer to unlocking the gates to more effective and efficient development outcomes than is popularly believed. Specifically, it argues that, by overturning a few myths, making better use evidence and employing some different rules, practitioners, policy specialists and donors can foster the changes in the development architecture that are needed to reach the 10 percent of the world's population still living in extreme poverty. Engaging, provocative and clear-sighted, the book provides insight into interventions around democratic governance, refugee response, counterterrorism, gender mainstreaming, environmental protection and private sector engagement. It is instructive reading for professionals across the development sector, think tanks and NGOs.
How the fear of malpractice affects mothers and reproductive choices Giving birth is a monumental event, not only in the personal life of the woman giving birth, but as a medical process and procedure. In The Business of Birth, Louise Marie Roth explores the process of giving birth, and the ways in which medicine and law interact to shape maternity care. Focusing on the United States, Roth explores how the law creates an environment where medical providers, malpractice attorneys, and others limit women's rights and choices during birth. She shows how a fear of liability risk often drives the decision-making process of medical providers, who prioritize hospital efficiency over patient safety, to the detriment of mothers themselves. Ultimately, Roth advocates for an approach that protects the reproductive rights of mothers. A comprehensive overview, The Business of Birth provides valuable insight into the impact of the law on mothers, medical providers, maternity care practices, and others in the United States.
Social media hasn't just changed society-it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined-some of which present ethical problems. Examines the criminal justice system from multiple perspectives in order to give fair attention to the successful uses of social media as well as the abuses Comprehensively covers current issues that have broad, long-term repercussions for the criminal justice system Provides a convenient overview of all the information related to social media and criminal law in one place Cites relevant cases and statutes
Teacher unions and their members have long stood as polarizing figures in a vast educational landscape. As in the Western films of the 1920s, policymakers, education reformers, and onlookers often assign union leaders and the teachers they represent either the white hats of heroes or the black hats of villains. Politicized efforts to reductively classify teacher unions as beneficial or dangerous have only served to obscure the extent to which labor militancy and teacher activism have become part and parcel of the American public school system and the primary mechanisms by which teachers' voices are heard - and heeded - in the policy arena. Teacher unions have grown in tandem with and in response to the expansion of the school bureaucracy and the acceleration of accountability reforms, and teachers' calls for recognition and reform are inseparable from broader movements for social change. Far more than either good or bad, teacher unions are the inevitable outgrowth of American public education as it stands today. This book offers an interdisciplinary exploration of the state of modern teacher unions, the complex spaces they operate in, and the connections between militancy, activism, and school reform. Breaking free from the white hat/black hat dyad that has for so long colored the lenses we use to understand unions, the chapters of this book engage a set of fundamental questions: Where did the modern moment of militancy come from, and in what ways is it a continuation or a departure from the approaches of previous organized teachers?; What is at stake in modern expressions of militancy for teachers, communities, and schools?; Beyond the flashpoint of the walkout, what is the effect of teacher activism?
Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation
Water Law and Policy examines water management in Europe, and the
difficulties and policy dilemmas involved in creating integrated
water management institutions. This is the only overall assessment
of the development and evolution of European Water Law and Policy.
The book is unique in that it concentrates on institutional
development, norms and guiding principles, implementation
strategies, and public participation mechanisms at the local level,
EU level, and globally.
Authored by a legal specialist and an education professor, this study is targeted to everyone involved in the education of students with disabilities and provides a full examinatiaon of the legal issues. Each chapter blends classroom vignettes and teachable moments with relevant legal rights and responsibilities of all school personnel. Disability rights laws are an essential part of every classroom, not just special education classrooms. Laws providing rights and protections to students and teachers with disabilities will be limited in utility unless all teachers understand the laws and the roles of the laws in the classroom. As the number of lawsuits in education is on the rise, Teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. Teacher preparation programs must prepare all teachers to deal with these issues and to be aware of legal requirements for an equal education. A legal mandate for an individual education plan, a less restrictive environment, and a free appropriate public education for students with disabilities are topics that all general education teachers must know and understand. This text is geared to all general education majors at all levels and in every content area, as well as administrators, teachers, parents of students with disabilities, and those involved in legal research.
The recent pandemic has clarified the overwhelming connection between the workplace and technology. With thousands of employees suddenly forced to work at home, a large segment of the workforce quickly received crash courses in videoconferencing and other technologies, and society as a whole took a step back to redefine what employment actually means. The virtual workplace is the blending of brick-and-mortar physical places of business with the advanced technologies that now make it possible for workers to perform their duties outside of the office. Trying to regulate in this area requires the application of decades old employment laws to a context never even contemplated by the legislatures that wrote those rules. This book explores the emerging issues of virtual work-defining employment, litigating claims, aggregating cases, unionizing workers, and preventing harassment-and provides clarity to these areas, synthesizing the current case law, statutory rules, and academic literature to provide guidance to workers and companies operating in the technology sector.
A Scientific Framework for Compassion and Social Justice provides readers with an in-depth understanding of the behavior analytic principles that maintain social justice issues and highlights behavior analytic principles that promote self-awareness and compassion. Expanding on the goals of the field of applied behavioral analysis (ABA), this collection of essays from subject-matter experts in various fields combines personal experiences, scientific explanations, and effective strategies to promote a better existence; a better world. Chapters investigate the self-imposed barriers that contribute to human suffering and offer scientific explanations as to how the environment can systematically be shaped and generate a sociocultural system that promotes harmony, equality, fulfilment, and love. The goal of this text is to help the reader focus overwhelming feelings of confusion and upheaval into action and to make a stand for social justice while mobilizing others to take value-based actions. The lifelong benefit of these essays extends beyond ABA practitioners to readers in gender studies, diversity studies, education, public health, and other mental health fields.
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and 'aparadigmatic' cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors' intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights.
This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices which suggests impunity and questions legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars, who share a methodological commitment to practice.
Critical Issues in Environmental Taxation provides valuable insights and analysis for legislators, policy makers and academics addressing the challenges of pursuing and achieving environmental goals through taxation policy. It contains pioneering and thought-provoking articles contributed by the world's leading environmental tax scholars representing various jurisdictions worldwide. Their aim is to ensure that by discussing and sharing environmental taxation issues that exist around the world, effective approaches used in one country may be considered and possibly implemented by governmental authorities in other countries. The articles published in this work are based on presentations at the Third Annual Global Conference on Environmental Taxation held in April 2002 in Woodstock, Vermont U.S.A.
This book offers a comprehensive examination of spatial and environmental governance in contemporary Bali. In the era of decentralisation, Bali's eight district governments and one municipality acquired a strong sense of authority to extract revenues from within their territorial borders while disregarding the impacts beyond them which has exacerbated environmental, cultural and institutional issues. These issues are addressed through reorganising space. In reality, however, such re-organisation has predominantly been in order to provide space for tourism investments and market expansion. The outcomes of reorganising space are in fact shaped by the dynamics of power that interface with increasingly complex legal and institutional structures. These complex structures provide more arenas for vested interests to manoeuvre, but at the same time provide different forms of legitimacy for local forces to challenge the dominant process. The book demonstrates the mechanisms through which social actors mobilise legal-institutional arrangements to advance their interests.
This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy. |
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