For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are - be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system - lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives explores a broad-ranging set of questions related to proposed hydraulic fracturing or `fracking' in the Karoo. The book is multidisciplinary, with contributors including natural scientists, social scientists, and academics from the humanities, all concerned with the ways in which scientific facts and debates about fracking have been framed and given meaning. The work comprises four parts: Part 1 provides an international, legal, energy, economic, and revenue overview of the topic. Part 2 has a physio-geographic theme, with chapters on the inter-related aspects of water, geology, geo-hydrology, seismicity and biodiversity, as well as archaeological and palaeontological considerations. Part 3 focuses on public health, and sociological and humanities-related aspects, and Part 4 addresses the relevant laws, emphasising their implementation and the role of governance. The underlying theme of Hydraulic Fracturing in the Karoo: Critical Legal and Environmental Perspectives is one of caution. The book emphasises the need for collaboration between the natural and social sciences and the responsibilities of those charged with the implementation and governance of the fracking enterprise if South Africa hopes to effectively manage fracking at all.

For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety of areas, including health and the environment. Today, this model is under grave threat. In Reviving Rationality, Michael Livermore and Richard Revesz explain how Donald Trump has destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts, rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government's ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.

With aquaculture operations fast expanding around the world, the adequacy of aquaculture-related laws and policies has become a hot topic. This much-needed book provides a comprehensive guide to the complex regulatory seascape. Split into three distinct parts, the expert contributors first review the international legal dimensions, including chapters on the law of the sea, trade, and access and benefit sharing for aquatic genetic resources. Part two discusses how the EU and regional bodies, such as the North Atlantic Salmon Conservation Organization (NASCO), have addressed aquaculture development and management whilst the final part contains twelve national case studies exploring how leading aquaculture producing countries have been putting sustainability principles into practice. These case studies focus on implementation approaches and challenges, in particular emphasizing ongoing national struggles in attaining effective aquaculture zoning and marine spatial planning. Students and scholars of environmental law and politics will find this contemporary volume an invaluable addition to the limited academic literature critiquing aquaculture law and policy. Policy makers, international bodies and NGOs will also find its insights particularly informative when ensuring sustainable aquaculture regulation and development. Contributors include: N.l Bankes, J.L. Batongbacal, P. Carrol, lI. Dahl, M. Doell, C. Engler, J. Fuentes Olmos, J. Glazewski, M. Haward, F. Humphries, A. Johannsdottir, H. Liu, R. Long, I.E. Myklebust, A. Powers, T.G. Puthucherril, P. Saunders, K.N. Scott, A.-M. Slater, D.L. VanderZwaag, E. Whitsitt

Drawing on the expertise of leading academics and practitioners, this Research Handbook provides comprehensive analysis of the EU's involvement in sport. Structured around the key themes used by the EU Commission in the field of sport, namely sport in society, the economic dimension of sport and the organization of sport, this Research Handbook is the definitive assessment of modern EU sports law and policy. The initial contributions explore the origins and sources of EU sports law and policy to provide context, while the remaining chapters address the Commission's key themes. Contributors explore the key cases shaping EU sports law, such as Walrave, Bosman and Meca-Medina, whilst also assessing the key contemporary issues concerning the relationship between sport and the EU. Demonstrating how and why sport can make a difference to the socio-economic well-being of the EU, this Research Handbook will be stimulating reading for sports lawyers and administrators as well as students of sports law, sports policy and sports business, and politicians and civil servants in this sector. Contributors include: J. Anderson, W. Andreff, S. Boyes, A. Cattaneo, J.-L. Chappelet, C. Coors, N. De Marco, M. de Wolff, B. Garcia, J. Kornbeck, S. O'Conaill, L. O'Leary, R. Parrish, N. Partington, K. Pijetlovic, S. Schenk, E. Szyszczak, A. Tsoukala, S. Van den Bogaert, A. Vermeersch, S. Weatherill

Significant growth in economic activity in the Arctic has added weight to the argument that projects must be developed responsibly and sustainably. Addressing growing concerns regarding the exploitation of the Arctic's natural resources, this timely book presents and evaluates examples of best practice in Arctic environmental impact assessment. Timo Koivurova and Pamela Lesser succinctly synthesise primary data gathered from interviews with local communities, indigenous peoples, NGOs, government officials and businesses in Finland, Sweden, Norway, Greenland, Iceland, Canada, Russia and the USA. Considering all stakeholder perspectives, they present the regulatory processes of all eight Arctic countries, and also provide helpful flowcharts that depict the process graphically for each country. Measuring these practices against the 1997 Guidelines for Environmental Impact Assessment in the Arctic, the only Arctic environmental impact assessment guidance document that has been officially approved by the ministers of all eight Arctic countries, this book identifies key areas where adherence to best practice is high, such as stakeholder outreach and development, as well as those areas that fall short. Thorough and accessible, Environmental Impact Assessment in the Arctic will provide an excellent reference for academics in the fields of law and environmental studies as well as for government officials and stakeholders who stand to benefit from best practice.

Written for upper-level and graduate courses in School Law. Providing an all-inclusive treatment of the current status and evolution of the law governing public schools, this is the most comprehensive and well-documented school law text available. Public School Law: Teachers' and Students' Rights, Seventh Edition, addresses legal principles applicable to practitioners in a succinct but comprehensive manner. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. Information in this text will help alleviate concerns voiced by educators who either do not know the legal concepts that govern schools or feel that the scales of justice have been tipped against them. Primarily written for school administrators and teachers to learn the most important points of the cases and how the cases will impact their practices, this new edition covers a wider range of legal topics, takes a much more in-depth approach to discussing the cases presented, and cites many more current cases that are relevant to practitioners than any other school law textbook in comparison.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.

This book analyses how China has engaged in global IP governance and the implications of its engagement for global distributive justice. It investigates five cases on China's IP engagement in geographical indications, the disclosure obligation, IP and standardisation, and its bilateral and multilateral IP engagement. It takes a regulation-oriented approach to examine substate and non-state actors involved in China's global IP engagement, identifies principles that have guided or constrained its engagement, and discusses strategies actors have used in managing the principles. Its focus on engagement directs attention to processes instead of outcomes, which enables a more nuanced understanding of the role that China plays in global IP governance than the dichotomic categorisation of China either as a global IP rule-taker or rule-maker. This book identifies two groups of strategies that China has used in its global IP engagement: forum and agenda-related strategies and principle-related strategies. The first group concerns questions of where and how China has advanced its IP agenda, including multi-forum engagement, dissembling, and more cohesive responsive engagement. The second group consists of strategies to achieve a certain principle or manage contesting principles, including modelling and balancing. It shows that China's deployment of engagement strategies makes its IP system similar to those of the EU and the US. Its balancing strategy has led to constructed inconsistency of its IP positions across forums. This book argues that China still has some way to go to influence global IP agenda-setting in a way matching its status as the second largest economy.

The current political economic system is misaligned for meeting the global imperatives of rapidly reducing greenhouse gases and sharing wealth more equitably. This book makes the case for a new environmentalism that implements a systems change approach to reorient the economy to be more sustainable, just, and democratic. This book addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas - including energy, food, common pool resources, and the shifting of investments to capitalize locally-connected and mission-driven businesses. The contributors take the approach that these challenges are much broader than setting parameters around pollution, and indeed go to the heart of the dominant global political economy. The authors also explore the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy. Law and Policy for a New Economy: Sustainable, Just, and Democratic will be of interest to academics and scholars of environmental law, climate change, environmental studies, political ecology and environmental economics. Contributors include: S.H. Baker, D. Bollier, M. James, K.B. Jones, C.I. Magallanes, J. Orsi, J. Purdy, L. Ristino, M.K. Scanlan, L. Sheehan, J.G. Speth, J. Taub, D.R.H. Winters, M.C. Wood

The exploitation of natural resources in Africa represents a major challenge. The African continent, which remains largely unexplored, contains a large part of the world's natural resources. The current context, characterised by a fluctuation of commodity prices, does not reduce the growing interest in Africa and its extractive sector. Oil, Gas and Mining Law in Africa analyses the mining and petroleum laws in African countries and includes an assessment of contractual aspects applicable to oil, gas and mining operations. The innovative interest of this book is to provide a detailed and up-to-date analysis of mining and petroleum laws applicable to the upstream sector in Africa. It focuses on all the mining and petroleum laws and especially those recently enacted in a constantly changing environment.

This book evaluates the national implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in ASEAN. Working with country-specific research teams, the contributors compiled detailed case-studies of CRPD implementation in each country in ASEAN. This book presents a detailed overview of the problem, the relevant literature, and the conceptual framework, and then it explores the implementation of the CRPD in each of the ten countries in Southeast Asia. Details include the factors that influenced each country to ratify the CRPD, the focal point structure of implementation, the independent mechanism established to monitor the implementation, and the civil society organizations involved. This book also evaluates the implications of CRPD implementation for human rights and development in ASEAN, including the degree of institutionalized support for persons with disabilities, the development objectives of the CRPD against the strategic objectives of the ASEAN economic community and the broader ASEAN community, and the way these developments compare with those in other countries and regions. Working with country-specific research teams, the editors compiled detailed case-studies of CRPD implementation on each country in ASEAN. This book presents a detailed overview of the problem and the relevant literature. The contributors also offer conclusions on the research and national and ASEAN-level recommendations for moving forward.

This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.