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Books > Law > Laws of other jurisdictions & general law > Social law
"At the end of the Trail of Tears there was a promise," U.S.
Supreme Court Justice Neil Gorsuch wrote in the decision issued on
July 9, 2020, in the case of McGirt v. Oklahoma. And that promise,
made in treaties between the United States and the Muscogee (Creek)
Nation more than 150 years earlier, would finally be kept. With the
Court's ruling, the full extent of the Muscogee (Creek) Reservation
was reaffirmed-meaning that 3.25 million acres of land in Oklahoma,
including part of the city of Tulsa, were recognized once again as
"Indian Country" as defined by federal law. A Promise Kept explores
the circumstances and implications of McGirt v. Oklahoma, likely
the most significant Indian law case in well over 100 years.
Combining legal analysis and historical context, this book gives an
in-depth, accessible account of how the case unfolded and what it
might mean for Oklahomans, the Muscogee (Creek) Nation, and other
tribes throughout the United States. For context, Robbie Ethridge
traces the long history of the Muscogee (Creek) Nation from its
inception in present-day Georgia and Alabama in the seventeenth
century; through the tribe's rise to regional prominence in the
colonial era, the tumultuous years of Indian Removal, and the Civil
War and allotment; and into its resurgence in Oklahoma in the
twentieth and twenty-first centuries. Against this historical
background, Robert J. Miller considers McGirt v. Oklahoma,
examining important related cases, precedents that informed the
Court's decision, and future ramifications-legal, civil,
regulatory, and practical-for the Muscogee (Creek) Nation, federal
Indian law, the United States, the state of Oklahoma, and Indian
nations in Oklahoma and elsewhere. Their work clarifies the stakes
of a decision that, while long overdue, raises numerous complex
issues profoundly affecting federal, state, and tribal relations
and law-and will continue to do so for the foreseeable future.
The book offers a comprehensive overview of social security in the
Balkan states. Social security is presented from a broad
perspective as a mechanism that addresses human needs, provides
protection against social risks, reduces social tensions and
secures peace. Various sectors of social policy, pension systems,
health care systems, disability insurance, labor policy as well as
social risks, such as poverty and unemployment, have been analyzed
from historical, economic, political, sociological and security
perspective. The book also offers recommendations for improving the
level of social security in the region. Contributors are: Maja
Bacovic, Agata Domachowska, Dorota Domalewska, Tomasz Ferfecki,
Afet Mamuti, Katerina Mitevska Petrusheva, Natalija Perisic, Kire
Sharlamanov, Katerina Veljanovska Blazhevska, and Marzena Zakowska.
This book investigates the law's approach to suicide in England and
Wales. It explores the seismic shift in perceptions of the law's
role in respect of suicide from imprisonment as a punishment for
attempting suicide, to courts hearing arguments about whether there
is not only a right to suicide but also a right to assistance in
suicide. This development stands alongside a global recognition of
suicide prevention as a public health priority. In this book, the
dual priorities of respect for autonomy and the protection of human
life are recognised as equally important and the legal issues
surrounding suicide in a range of different contemporary contexts,
including suicide in prison and juvenile suicide, are considered.
The book also investigates what the relationship between mental
health and suicide means for its legal regulation, and evaluates
the enduring legal offence of assisted suicide, particularly in the
context of the terminally ill. It is argued that a more refined
approach to the topic of voluntary death should be recognised in
the law; one that distinguishes more clearly between autonomous
decision-making about the end of life, and incapacitated
self-caused risks to life that require effective preventative
interventions.
The labour law applicable to the education environment is
comprehensive and covers a vast variety of aspects that everyone
within that environment will encounter at one time or another. In
the past, most employees in education may have had a vague
understanding of particular laws and regulations regarding
conditions of employment, but now it is essential to have a basic
understanding of all relevant laws and regulations that apply.
Teachers, especially, could find themselves in a proverbial
minefield if they do not ensure that they have a working knowledge
of education law. This is evidenced by the numerous lawsuits,
disputes, mediations, disciplinary hearings and often unpleasant
implications for individuals (and their families) that arise from
charges against offenders in all sectors of education. Legislative
changes resulting from altered circumstances in education, have led
to the need to be constantly aware of the implications and
applications of such changes. This urgent need applies not only to
principals, but to everyone involved in education. On the one hand
the responsibility for correct application and implementation of
education legislation lies with the governing body and the head of
an institution, but on the other hand it affects the people who
work there. The authors of this book have a keen understanding of
this vital need, and address it most effectively from their own
invaluable experience that stems from practical involvement and
thorough research in the field of education.
The mission of The Italian Yearbook of International Law is to make
available to the English-speaking public the Italian contribution
to the literature and practice of international law. Volume XXXI
(2021) opens with a Symposium on the Mediterranean Sea and
international law. As in every volume the following sections
feature Articles, Notes and Comments, Practice of International
Courts and Tribunals, Italian Practice of International Law and
Bibliographies.
Standard Transport Appraisal Methods, Volume 6 in the Advances in
Transport Policy and Planning series, assesses both successful and
unsuccessful practices and policies from around the world. Chapters
in this new release include Transport models, Cost-Benefit
Analysis, Value of Travel Time Savings and reliability, Value of
Statistical Life, Wider economic benefits, Multi-criteria analysis,
Best-Worst Method, Participatory Value Evaluation, Ex-post
evaluation, Sustainability assessment, Evaluating Transport Equity,
Environmental Impact Assessment, Decision-Support Systems,
Deliberative appraisal methods, Critique on appraisal methods,
Appraisal methods in developing countries, Research agenda for
appraisal methods, and much more.
A critical legal scholar uses feminist and environmental theory to
sketch alternate futures for Appalachia. Environmental law has
failed spectacularly to protect Appalachia from the ravages of
liberal capitalism, and from extractive industries in particular.
Remaking Appalachia chronicles such failures, but also puts forth
hopeful paths for truly radical change. Remaking Appalachia begins
with an account of how, over a century ago, laws governing
environmental and related issues proved fruitless against the
rising power of coal and other industries. Key legal regimes were,
in fact, explicitly developed to support favored industrial growth.
Aided by law, industry succeeded in maximizing profits not just
through profound exploitation of Appalachia's environment but also
through subordination along lines of class, gender, and race. After
chronicling such failures and those of liberal development
strategies in the region, Stump explores true system change beyond
law "reform." Ecofeminism and ecosocialism undergird this
discussion, which involves bottom-up approaches to transcending
capitalism that are coordinated from local to global scales.
Global Environmental Sustainability: Case Studies and Analysis of
the United Nations' Journey toward Sustainable Development presents
an integrated, interdisciplinary analysis of sustainable
development, addressing global environmental problems in the
contemporary world. It critically examines current actions being
taken on global and local scales, particularly in relation to the
UN's efforts to promote sustainable development. This approach is
supported by empirical analysis, drawing upon a host of
interweaving insights spanning economics, politics, ecology,
environmental philosophy, and ethics, among others. As a result, it
offers a comprehensive and well-balanced assessment of the overall
perspective of sustainable development supported by in-depth
content analysis, theoretical evaluation, empirical and actual case
studies premised on solid data, and actual field work. Also, the
book marks a milestone in placing the Covid-19 pandemic into a
perspective for understanding the universality of human collective
environmental behavior and action. By utilizing in-depth analysis,
both quantitative and qualitative, and challenging the status quo
of what is expected in the global approach to sustainable
development, Global Environmental Sustainability provides the
theory and methodology of empirical sustainable development which
is especially germane to our advanced society today, which is
deeply entrenched in a crisis of environmental morality. More
particularly, it serves as a salient source of moral reconstitution
of society grounded in empirical reality to liberate man's
excessive spirit of individualism and self-aggrandizement to the
detriment of the environment. Epistemologically, the book furnishes
a remarkable tour de force with a new level of analytical insight
to help researchers, practitioners, and policymakers in
sustainability and environmental science, as well as the many other
disciplines involved in sustainable development, to better
understand sustainability from a new perspective and provides a
methodological direction to pursue solutions going forward.
This book addresses the different forms of austerity, contestation
and resistance, in order to understand how they relate to one
another and the impact they have on the democratic quality of
public debates, the trust in public institutions and the legitimacy
of law. Contestation of austerity includes not only traditional
activism strategies such as human rights litigation and direct
democracy instruments, but also new forms of collective action and
collaborative resistance. Most importantly, many of the new
anti-austerity initiatives also aim to renovate existing modes of
democratic decision-making on the European, national, regional and
local levels. The book focuses on different types of contesting
austerity measures and the interaction between institutional and
civil society actors. It will enhance understanding of how the
various actors frame not only their goal but also the underlying
social conflict to contest austerity and through which means they
try to achieve political and legal changes. With 16 chapters
written by contributors from Spain, Germany, Greece, Portugal and
the UK, the book approaches 3 crucial areas of austerity policies:
cuts in payment and pensions, labour law reform, and old and new
poverty. In each field, the contributors analyse the processes of
decision-making and contestation from 3 perspectives: institutions,
democratic theory and societal responses.
Estimating the Human Cost of Transportation Accidents:
Methodologies and Policy Implications discusses the estimation
methods needed to determine the monetary value of loss of life and
quality of life when evaluating transportation safety programs,
policies and projects. In addition, it highlights how to overcome
the many challenges researchers face in choosing the right values,
including estimating loss of life and life quality, examining
strengths and weaknesses, and critically analyzing social costs and
implications. This book will allow researchers to better formulate
accurate social costs, select safety improvement values, and
understand limitations.
Peaceful Maritime Engagement in East Asia and the Pacific Region
includes contributions from the most influential figures in the law
of the sea to provide context and direction for developing maritime
governance in East Asia and the Pacific Ocean. Peaceful management
of disputes includes cooperation over deep seabed mining,
negotiations for a legally binding instrument on biodiversity
beyond national jurisdiction, contending approaches to baselines
and East Asia maritime boundary disputes, freedom of navigation and
maritime law enforcement. Chapters also explore new interpretations
for preservation of the marine environment and the special problems
posed by marine plastics and nexus between the ocean and climate
change.
This innovative book explores the evolution of ecology and how
scientific advances enable the redesign of Protected Areas (PA),
guided by area-specific ecological values and objectives. It argues
that transitions towards science-informed integrated PA systems
could contribute to safeguarding the persistence of biodiversity
and socio-ecological systems. Valentina Dinica proposes a
conceptual framework to integrate the ecological and tourism
aspects of PA regulation, assisting decision-makers to develop
contextually effective regulatory instruments that avoid
over-/under-regulating tourism, given the PA's ecological profiles.
The framework is applied to comparatively evaluate the ecological
representativeness and regulations of PA networks in New Zealand,
Tasmania and Hawaii. The empirical chapters also discuss gaps and
(mis-)alignments between ecology and tourism regulations,
displaying outdated scientific paradigms. The book proposes a new
approach to classifying PAs, to better balance human-nature
relationships. This book will be of interest to students and
academics in public policy, law, ecology, environmental studies,
sustainability sciences, tourism studies, political science and
history of science.
For the Cherokee Nation, the Civil War was more than a contest
between the Union and the Confederacy. It was yet another battle in
the larger struggle against multiple white governments for land and
tribal sovereignty. Cherokee Civil Warrior tells the story of Chief
John Ross as he led the tribe in this struggle. The son of a
Scottish father and mixed-blood Indian mother, John Ross served the
Cherokee Nation in a public capacity for nearly fifty years,
thirty-eight as its constitutionally elected principal chief.
Historian W. Dale Weeks describes Ross's efforts to protect the
tribe's interests amid systematic attacks on indigenous culture
throughout the nineteenth century, from the forced removal policies
of the 1830s to the exigencies of the Civil War era. At the outset
of the Civil War, Ross called for all Cherokees, slaveholding and
nonslaveholding, to remain neutral in a war they did not support-a
position that became untenable when the United States withdrew its
forces from Indian Territory. The vacated forts were quickly
occupied by Confederate troops, who pressured the Cherokees to
align with the South. Viewed from the Cherokee perspective, as
Weeks does in this book, these events can be seen in their proper
context, as part of the history of U.S. "Indian policy," failed
foreign relations, and the Anglo-American conquest of the American
West. This approach also clarifies President Abraham Lincoln's
acknowledgment of the federal government's abrogation of its treaty
obligation and his commitment to restoring political relations with
the Cherokees-a commitment abruptly ended when his successor Andrew
Johnson instead sought to punish the Cherokees for their perceived
disloyalty. Centering a Native point of view, this book recasts and
expands what we know about John Ross, the Cherokee Nation, its
commitment to maintaining its sovereignty, and the Civil War era in
Indian Territory. Weeks also provides historical context for later
developments, from the events of Little Bighorn and Wounded Knee to
the struggle over tribal citizenship between the Cherokees and the
descendants of their former slaves.
Nutraceutical and Functional Food Regulations in the United States
and Around the World, Third Edition addresses the latest regulatory
requirements designed to ensure the safe production and delivery of
these valuable classes of foods. The book is well recognized,
showing how food and nutrition play a critical role in enhancing
human performance, and in overall health. The book discusses the
scope, importance and continuing growth opportunities in the
nutraceutical and functional food industries, exploring the
acceptance and demand for these products, regulatory hurdles, the
intricate aspects of manufacturing procedures, quality control,
global regulatory norms and guidelines.
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Linked Democracy
(Hardcover)
Victor Rodriguez Doncel, Pompeu Casanovas, Marta Poblet
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R1,243
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