Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

This volume is the only book which focuses on the impact of judicial review in the social welfare field. It comprises a selection of essays by academics and practitioners who have an interest in the operation, impact and future development of judicial review in a number of social welfare areas: homelessness, housing benefit, mental health, health care, social security, the discretionary social fund, immigration, prisoners, education and gypsy site provision. Two contributions address issues relating to the supervisory jurisdiction in the Scottish Court of Session and the High Court of Justice in Northern Ireland.

Each contributor outlines the background and development of judicial review in their particular field followed by commentary on the operation of the judicial review remedy and various theoretical and practical concerns such as the impact of judicial review on organizational behaviour and its effect on the exercise of discretionary powers. The essays deal with the political and policy context of judicial review challenge, and the shifting balance of advantage offered to social welfare campaigners. The limitations of judicial review and the comparative merits of statutory appellate schemes are also examined. The contributors attempt to identify future areas for research and a concluding chapter draws together the common themes.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

This book poses the question of whether identifiable individual-level attributes (e.g., values, interests, knowledge, demographic characteristics) lead to support for or opposition to the development and implementation of alternative energy technologies. In recent years, attempts to site alternative energy technologies (e.g., wind, solar, wave) have been met by intense opposition from a variety of sources, including many environmentalists from whom one might expect support for non-carbon based renewable energy initiatives. This volume argues that there are indeed such discernible attributes, and moreover that the identification and exploration are important for the development of support strategies for the well-informed and achievable siting of such technologies.

As climate change and urban development are closely interlinked and often interact negatively, this edited volume takes Ho Chi Minh City (HCMC), Vietnam's first mega-urban region as a case study to analyse its vulnerability to climate change and to suggest measures towards a more sustainable urban development. The book offers an overview on land use planning regarding the aspects of urban flooding, urban climate, urban energy and urban mobility as well as spatial views from the angle of urban planning such as the metropolitan level, the city, the neighbourhood and building level. It shows that to a significant degree, measures dealing with climate change can be taken from the toolbox of sustainable urban development and reflects how institutional structures need to change to enhance chances for implementation given socio-cultural and economic constraints. This is merged and integrated into a holistic perspective of planning recommendations, supporting the municipal government to increase its adaptive capacity. The authors are members of a German government funded research project on how to support HCMC's municipal government to adapt to risks related to climate change.

Public Participation and Better Environmental Decisions is about a specific 'promise' that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts.

There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the 'promise' that public participation lead to better environmental decision-making and better outcomes?

The MacArthur grant-winning environmental justice activist's riveting memoir of a life fighting for a cleaner future for America's most vulnerable A Smithsonian Magazine Top Ten Best Science Book of 2020 Catherine Coleman Flowers, a 2020 MacArthur "genius," grew up in Lowndes County, Alabama, a place that's been called "Bloody Lowndes" because of its violent, racist history. Once the epicenter of the voting rights struggle, today it's Ground Zero for a new movement that is also Flowers's life's work-a fight to ensure human dignity through a right most Americans take for granted: basic sanitation. Too many people, especially the rural poor, lack an affordable means of disposing cleanly of the waste from their toilets and, as a consequence, live amid filth. Flowers calls this America's dirty secret. In this "powerful and moving book" (Booklist), she tells the story of systemic class, racial, and geographic prejudice that foster Third World conditions not just in Alabama, but across America, in Appalachia, Central California, coastal Florida, Alaska, the urban Midwest, and on Native American reservations in the West. In this inspiring story of the evolution of an activist, from country girl to student civil rights organizer to environmental justice champion at Bryan Stevenson's Equal Justice Initiative, Flowers shows how sanitation is becoming too big a problem to ignore as climate change brings sewage to more backyards-not only those of poor minorities.

The EU strategy 2020 includes ambitious plans for e-regulation that could improve Europe s competitiveness. However, the European states have very different legal frameworks in this field. This book introduces flagship initiatives and provides a detailed overview and analysis of the current standards and latest developments, offering practical insights and guidelines for practitioners and policy-makers alike. Further, as it discusses the main areas of e-regulation, it can serve as a useful platform for university education in light of the growing need for new kinds of specialists, i.e. IT lawyers. The book concentrates on fields that are directly affected by e-regulation such as cyber-security, databases, computer programs, e-governance, IP and competition law and informatics."

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America.
Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist.
In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American?

In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies.

Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America.

"Has profound political implications for race relations in the new century"
"--Michigan Law Review, May 2001"

This book shall be an introduction into the European Free Trade Association (EFTA) as an international organization and, inter alia, as a platform for its member states' relations with the EU and for jointly negotiated Free Trade Agreements. EFTA - originally set up by the UK - is an example of how countries that do not want to be members of the EU can still have close links with it. EFTA is a loose intragovernmental association of some economically highly specialised, small and wealthy Western European small states which have, until now, decided not to join the European Union (EU). Essentially it is the platform for Iceland, Liechtenstein, Norway and Switzerland to coordinate their free trade policies as far as possible. Iceland, Liechtenstein and Norway also use EFTA, in particular its Secretariat, to manage their membership of the European Economic Area (EEA) and to adopt relevant legislation into the Agreement. Particularly in the context of Brexit it should also be noted that there are elements of the relations between the four EFTA States and the EU which are not necessarily based on either the EEA Agreement or the EU-Swiss Agreements. Until recently, EFTA was considered an outdated model. However, since Brexit interest in EFTA has increased. Where the subject was covered in the press, but also in relevant statements by politicians, there was hardly any distinction made between 'EFTA' and the 'EEA'. This book is not about Brexit, rather it will correct certain misconceptions about EFTA and provide a clear overview on what EFTA is: a platform for the economic relations between its member states; a platform for its member states' free trade policy and a platform for its member states' relations with the EU. There will be food for thought on the UK's future outside the EU.

Recycling Red Riding Hood examines contemporary retellings of the world's best-known fairy tale in a large corpus of international children's texts, many of which have never been translated into English. The book addresses a new area in children's literary theory and criticism: intertextuality and the retold story. It examines narrative techniques, such as hybrid genres and metaliterary play, that have rarely been applied to children's literature.

When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the "new immigration" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms "nonvisibly" black.

The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards examines why Italian Americans were so reluctant to influence depictions of themselves and their own collective identity. He argues that American racism could not have had the durability or political power it has had either in the popular understanding or in the corruption of constitutional ideals unless many new immigrants, themselves often regarded as racially inferior, had been drawn into accepting and supporting many of the terms of American racism.

With its unprecedented focus on Italian American identity and an interdisciplinary approach to comparative culture and law, this timely study sheds important light on the history and contemporary importance of identity and multicultural politics in American political and constitutional debate.

Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law. -- .

Emerging to the forefront of sustainable production and consumption are a promising and rapidly evolving concept known as Voluntary Standard Systems (VSS). They encompass the three pillars of sustainability social, environmental and economic aspects and consequently they can be considered as a tool, which makes sustainable development visible. Currently, they are becoming a significant element in international trade and in the promotion of sustainable development strategies, especially in the context of globalised markets and supply chains.

This volume provides a comprehensive overview of the current VSS concepts: from their nature and functioning, to the future outlook for their development. It places VSS in the broader context of global development issues and challenges, including development policy and international sustainability commitments, progress towards achieving green economy and meeting climate protection targets. The volume contains also a representative selection of case studies which demonstrate their wide range of application in different sectors of the economy."

EU environmental law is now a dominant source of influence in the development and application of environmental law and policy in most Member States. This important new study provides a fresh appraisal of the changing nature of EU environmental legislation, and the tensions between discretion and goals. Above all it tackles the difficult questions of the appropriate role and design of law in tackling current and future environmental challenges. It should be required reading by all those concerned with the future of environmental law, both within Europe and elsewhere, and the authors are to be congratulated on the quality and scope of their analysis.' - Richard Macrory, University College, London, UKThis thought-provoking book offers a cross-cutting debate on EU environmental legislation from a legal perspective focusing on key themes such as regulatory instrument choice, the coherency of law, and enforceable commitments. Based on thorough investigations of several environmental domains - particularly water law, air quality law, industrial emissions law and climate and energy law - it presents the current state of EU environmental regulatory approaches and suggests potential ways for improvement. It pays close attention to the consequences of EU legislative choices for Member States and balances the need for clear environmental legislation providing enforceable substantive rights to citizens against the wish to leave discretion to Member States. This timely book provides a critical review of the complexity and inherent flexibility of EU environmental law. It will have great appeal to environmental law scholars, political scientists, environmental policy and law consultants and to Governmental officers both in the EU and Member States. Contributors: B. Beijen, M. Bogaart, F. Groothuijse, S. van Holten, A. Keessen, J. van Kempen, F. Oosterhuis, M. Peeters, M. van Rijswick, R. Uylenburg, E. Vogelezang-Stoute

Intoxicants, substances that alter a person's mental and physiological state, are a continuing obsession. In their effect on the mind and body, intoxicants go to the heart of what it means to be human. In the tensions between 'free' and uninhibited consumption on the one hand, and the pressures of social regulation and personal responsibility on the other, they also illuminate the daily paradoxes, and sheer complexity, of living in modern Western societies. Yet this complexity, and the rich history that underpins it, is often lost in the current debates over public policy. Intoxication and Society sets out to supplement the contemporary discourse surrounding intoxication with a more nuanced appreciation of the history and nature of what is very much a multidimensional problem. It does so by employing an interdisciplinary framework that includes contributions from leading academics in law, sociology, anthropology, history, literature, neuroscience and social psychology. The result is a subtle historical and contemporary rereading of the social construction of intoxication that will provide a secure basis for analysis as society continues to respond to the problematic pleasures of intoxication.

This monograph presents and analyzes the optimization, game-theoretic and simulation models of control mechanisms for ecological-economic systems. It is devoted to integrated assessment mechanisms for total risks and losses, penalty mechanisms, risk payment mechanisms, financing and costs compensation mechanisms for risk level reduction, sales mechanisms for risk level quotas, audit mechanisms, mechanisms for expected losses reduction, economic motivation mechanisms, optimization mechanisms for regional environmental (risk level reduction) programs, and mechanisms for authorities' interests coordination. The book is aiming at undergraduate and postgraduate students, as well as at experts in mathematical modeling and control of ecological economic, socioeconomic and organizational systems.

The objective of this work is to understand the evolutionary process of economic and legal policies that brought international regime of private property rights over the common property resources, especially seeds and plant varieties. Unbalanced model of development would increase disparity in income and impact agricultural infrastructure development and environment sustainability. Though materialization of farmers' rights was fulfilled by a compromise arrived at between NGOs and Industry together, there are several grey areas both at the conceptual and the procedural levels that subordinate rights of farmers in reality. This monograph analyzes the impact of legal policy reforms during 'second green revolution' phase on farmers' customary rights and livelihood, particularly in the context of the extension of private property rights to plant varieties and seeds and migration of cultivators to the cities.

Agricultural Policy in the United States: Evolution and Economics traces U.S. agricultural policy from its colonial roots to the present, using economic concepts to analyze and interpret political and economic consequences. It also examines the processes by which agricultural policies are developed, and the government structure which supports the implementation of legislation passed by Congress. The book includes arguments for and against common tools of U.S. agricultural policy, without influencing the reader in a particular direction. Each chapter contains questions and exercises to support students' learning, and technical economic material is contained in optional appendices. This second edition examines the Agriculture Improvement Act of 2018 and sets the scene for future policy developments. Additionally, it looks at trade wars and the impact of Black Swan events like the COVID-19 pandemic on agricultural resilience.

This book has been developed in association with the Cultural Heritage Department of the Council of Europe. It examines key themes and objectives for the protection of the architectural and archaeological heritage in a range of European countries. The analysis of individual countries and the group as a whole gives an assessment of how advanced current mechanisms are and the ongoing problems that remain to be managed in order to safeguard the 'common heritage'.

This book provides an analysis of the various challenges and opportunities facing the Japanese broadcasting industry. It is the first book in English that explores how Japanese broadcasting, especially commercial broadcasting, fulfills its social mission under the threat of the increased popularity of Internet-based media services as it reexamines the role and nature of broadcasting. During a series of disasters and the spread of the new coronavirus in Japan, while varied media connected people and supported socio-economic activities, broadcasting continued to be the most trusted. However, as Internet media attract increasing attention, the trend in broadcast viewership is downward. Commercial broadcasting, in particular, will be strongly affected by that trend and the impact of the shrinking population. Recognizing that such dramatic technological and environmental changes are under way, in addition to the eleven researchers participating in the visiting researcher committee at the Research Institute of the Japan Commercial Broadcasters Association (JBA), four research collaborators and the secretariat (director of the JBA) have contributed to this book. They have taken up issues related to challenges and opportunities for the broadcasting industry based on their respective areas of awareness of the problems, including policies for broadcasting, fake news, disaster responses, viewer trust in television programs, competition with Internet-based services, and the business model for broadcasting.

Up to date and informative, the Yearbook of Copyright and Media Law is now well established as a key source of information and analysis for all copyright, media and entertainment law professionals. It is is designed to respond to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond. The special survey in this yearbook focuses on definitions of film and there are in-depth articles on topical subjects such as the Microsoft judgment and the impact of The Human Rights Act and the Data Protection Act.