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Consumer Law and Protection: Protecting the Rights of Consumers
Par Neal Bevans. 2011
In recent years, the interest in consumer-related issues has grown tremendously, fueled by growing unemployment, high foreclosure rates, credit card…
interest rate increases and a recession more sweeping than anything seen in more than a generation. Unfortunately, when readers look for a text to explain these issues, they are too often confronted with case books that have more application to law school curricula than to a college-level course. This book fills the need for a well-written text on consumer law and consumer protection. Covering topics as diverse as protecting a person's credit rating to avoiding predatory lending, Consumer Law & Protection explains the law and gives readers the tools that they need to protect themselves from telemarketers, unscrupulous debt collectors and network marketing schemes, to name only a few of the topics covered in the book.Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 4 (Library of Selected Cases from the Chinese Court)
Par Feng Zhu, Wenyan Ding, Hongyu Han, Qiujing Ma. 2023
This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People’s Court, and cases…
discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.Compliance im Unternehmen für Dummies (Für Dummies)
Par Oliver Haag, Maximilian Jantz. 2024
Erfüllt Ihr Unternehmen die gesetzlichen Vorgaben? Die Rechtsfolgen bei Compliance-Verstößen können erheblich sein. Wer sich also mit Compliance auskennt, die…
Risiken kennt und zu vermeiden oder zumindest zu begrenzen weiß, der ist gut beraten. Dieses Buch zeigt, mit welchen konkreten Compliance-Maßnahmen Sie Ihr Unternehmen sauber halten und sich wirkungsvoll gegen Compliance-Verstöße wie zum Beispiel Korruption oder andere Regelverstößeschützen können.The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that…
European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be. Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today? This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.The Devil's Advocates: Greatest Closing Arguments in Criminal Law
Par Michael S. Lief, H. Mitchell Caldwell. 2006
From the authors of the acclaimed Ladies and Gentlemen of the Jury, and featuring some of the most important cases…
in criminal law, The Devil's Advocates is the final volume of a must-have trilogy of the best closing arguments in American legal history. Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to "steal" the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case in the book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.On the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v.…
Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.Cradock, the product of more than twenty years of research by Jeffrey Butler, is a vivid history of a middle-sized…
South African town in the years when segregation gradually emerged, preceding the rapid and rigorous implementation of apartheid. Although Butler was born and raised in Cradock, he avoids sentimentality and offers an ambitious treatment of the racial themes that dominate recent South African history through the details of one emblematic community. Augmenting the obvious political narrative, Cradock examines poor infrastructural conditions that typify a grossly unequal system of racial segregation but otherwise neglected in the region’s historiography. Butler shows, with the richness that only a local study could provide, how the lives of blacks, whites, and mixed-race coloreds were affected by the bitter transition from segregation before 1948 to apartheid thereafter.The Battle for the Court: Interest Groups, Judicial Elections, and Public Policy (Constitutionalism and Democracy)
Par Lawrence Baum, David Klein, Matthew J. Streb. 2021
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent…
law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies.In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades’ worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state—Ohio—to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.In Chambers: Stories of Supreme Court Law Clerks and Their Justices (Constitutionalism and Democracy)
Par Todd C. Peppers and Artemus Ward. 2012
Written by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating…
story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist.In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.You Must Know Your Constitution
Par Fali S. Nariman. 2023
26 November 1949 marks the date when the longest constitution in the world was formally adopted to guide the largest democracy…
in the world. It effectively transformed the British Dominion of India into one nation—the independent Republic of India. The supreme law of the land set forth the workings of Indian democracy and polity, and its provisions aimed to secure justice, liberty, equality, and fraternity for the people of India. As drafted and as conceived, the constitution makes provision for a functioning democracy and not an electoral autocracy, and this is how it has to be worked. It is therefore imperative for all citizens to familiarise themselves with its provisions.In this definitive tome, the author (who commenced his legal practice in the year the constitution was enacted) presents his comments in a style that is comprehensive, lucid, and systematic. The book traces the history and the origins of India&’s document of governance and explains its provisions. Some of the salient features of the book include:• An educative and informative exposition of the different parts of the Indian Constitution, including a bird&’s-eye view of—and with comments on—all the three hundred and ninety-five articles of the constitution and additions made by constitutional amendments.• Provides references of critical cases and prominent constitutional developments up to 31 July 2023.• Insightfully describes the structure, powers, and directive principles of government institutions.• Contains updated judicial pronouncements and legislative and constitutional amendments.In essence, You Must Know Your Constitution is an immensely readable and insightful compendium, inter alia, for judiciary aspirants, academicians, legal and administrative authorities, policymakers, research scholars, and students as well as for general readers who are interested in exploring the manifold facets of India&’s core document of governance.State and Local Government in a Federal System
Par Cynthia Baker, Daniel Mandelker, Judith Wegner, Janice Griffith, Evan Zoldan. 2021
The ninth edition of State and Local Government in a Federal System continues the tradition of comprehensive coverage, providing teachers…
with choices that are suitable to either two- or three-unit courses with emphasis on local or state government. Two new co-authors have been added. Chapter 2 (on state and local government powers) has been refreshed with a new overarching problem relating to short term rental and now addresses proposed changes in home rule provisions and state preemption practices proposed by the National League of Cities in 2020. Chapter 4 (on public finance) has been completely revised to update coverage concerning sources and strategies affecting government funding, borrowing, expenditures, federal oversight, and financially distressed municipalities in recent years. All other aspects of the book have been thoroughly updated, including those relating to regional government, government employees, public education (funding and charter schools), federalism, the role of the state governors and legislatures, and more. This edition is particularly timely in that it integrates coverage of emerging legal issues relating to the COVID pandemic and devotes increased attention to social justice issues including possible implications for government liability.This book amplifies the different voices and experiences of those facing gender-based violence (GBV) in the Global South. It explores…
the localised ways in which marginalised individuals design modes of coping with and address GBV, including cultural interpretations, and artistic and faith-based expressions.The book examines GBV triggers, prevalence, and societal impacts while referring to community, national, and regional mobilisation to deal with the phenomenon in its various manifestations, including physical, psychological, political, domestic, and public violence. It explores issues related to women’s negotiations with the patriarchal underpinnings of GBV; the role of the law and history in the perpetuation of GBV; the complementary role of culture and faith to legal protection against GBV, and access to justice for women and girls. In doing so, the book exposes understandings and expressions of GBV, as well as methodologies and indigenous initiatives to prevent it through local viable solutions. The book thus challenges the normalisation of GBV in the Global South.Providing concrete and culturally relevant suggestions for challenging ingrained models of gender understandings of violence in the Global South, this book will be of interest to academics in the fields of Development Studies, Gender Studies, Women’s Studies, Violence and Abuse Studies, Human Rights, Criminal Law, and Socio-Legal Studies.The Impact of Technology on the Criminal Justice System: A Psychological Overview
Par Emily Pica, David Ross, Joanna Pozzulo. 2024
This comprehensive volume explores the impact of emerging technologies designed to fight crime and terrorism. It first reviews the latest…
advances in detecting deception, interrogation, and crime scene investigation, before then transitioning to the role of technology in collecting and evaluating evidence from lay witnesses, police body cameras, and super-recognizers. Finally it explores the role of technology in the courtroom with a particular focus social media, citizen crime sleuths, virtual court, and child witnesses. It shines light on emerging issues, such as whether new norms have been created in the emergence of new technologies and how human behaviour has shifted in response. Based on a global range of contributions, this volume provides an overview of the technological explosion in the field of law enforcement and discusses its successes and failures in fighting crime. It is valuable reading for advanced students in forensic or legal psychology and for practitioners, researchers, and scholars in law, criminal justice, and criminology.This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law.Examining the rights…
of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area.The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.Multi-modal argumentation with its logical, emotional, visceral and kisceral arguments is an important addition to logical argumentation, especially when real-life…
situations are considered. It does not discard logic but adds other modes of argumentation to complement it, to emphasize the realistic environments of communication. In this sense, the multi-modal theory is important for the area of legal argumentation, where even in the reasoning of judicial decisions traces of a flesh-and-blood personality, who decided the case and wrote the reasons, can be found. This book presents a comprehensive analysis of this informal logic in legal argumentation and its practicality within the law. It argues that by building on the dialectical and rhetorical models of legal argument, the former being important for clear cases while the latter for unclear ones, the multi-modal theory of legal argumentation brings together logic and psychology in a holistic or integral perspective. The approach is not only descriptive, identifying the traces of alternate arguments in judicial decisions, but is also normative, presenting the criteria for evaluation that multi-modal arguments need to face to attain validity in the legal context. The work will be of interest to academics and researchers in the areas of Legal Theory, Legal Linguistics, Philosophy of Law, and Communication Studies.The Knockoff Economy: How Imitation Sparks Innovation
Par Kal Raustiala, Christopher Sprigman. 2012
From the shopping mall to the corner bistro, knockoffs are everywhere in today's marketplace. Conventional wisdom holds that copying kills…
creativity, and that laws that protect against copies are essential to innovation--and economic success. But are copyrights and patents always necessary? In The Knockoff Economy, Kal Raustiala and Christopher Sprigman provocatively argue that creativity can not only survive in the face of copying but can thrive. The Knockoff Economy approaches the question of incentives and innovation in a wholly new way--by exploring creative fields where copying is generally legal, such as fashion, food, and even professional football. By uncovering these important but rarely studied industries, Raustiala and Sprigman reveal a nuanced and fascinating relationship between imitation and innovation. In some creative fields, copying is kept in check through informal industry norms enforced by private sanctions. In others, the freedom to copy actually promotes creativity. High fashion gave rise to the very term "knockoff," yet the freedom to imitate great designs only makes the fashion cycle run faster--and forces the fashion industry to be even more creative. Raustiala and Sprigman carry their analysis from food to font design to football plays to finance, examining how and why each of these vibrant industries remains innovative even when imitation is common. There is an important thread that ties all these instances together--successful creative industries can evolve to the point where they become inoculated against--and even profit from--a world of free and easy copying. And there are important lessons here for copyright-focused industries, like music and film, that have struggled as digital technologies have made copying increasingly widespread and difficult to stop. Raustiala and Sprigman's arguments have been making headlines in The New Yorker, the New York Times, the Financial Times, the Boston Globe, Le Monde, and at the Freakonomics blog, where they are regular contributors. By looking where few had looked before--at markets that fall outside normal IP law--The Knockoff Economy opens up fascinating creative worlds. And it demonstrates that not only is a great deal of innovation possible without intellectual property, but that intellectual property's absence is sometimes better for innovation.Sentencing in Time
Par Linda Ross Meyer. 2017
Exactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison?…
How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.Contemporary Gender Formations in India: In-between Conformity, Dissent and Affect
Par Nandini Dhar. 2024
The volume discusses critical issues surrounding the developments in gender movements in the last two decades in India following the…
Delhi rape case and the ensuing massive protests in December 2012. A critical documentation of some of the key moments surrounding the contemporary gendered formations and radicalisms in South Asia, the chapters span questions of class, caste, sexuality, digital feminisms, and conflict zones. The book looks at anger, protest, and imaginations of resistance. It showcases the ‘new’ visibility that digital spaces have opened up to lend voice to survivors who are let down by traditional justice mechanisms and raises questions regarding ‘individualized’ modes of seeking justice as against traditional ‘collective’ voices that have always been a hallmark of movements. The volume analyses and criticizes the complicity of the state and the court as agents of reinforcing gender violence – an issue that has not been theorized enough by activists and scholars of violence. Further, it also delves into the #MeToo movement and the LoSHA, as both have raised contentious, controversial, and often conflicting debates on the nature of addressing sexual harassment, particularly at the workplace. Calling for further debate and discussions of cyberspace, gender justice, sexual violence, male entitlement, and forms of neoliberal feminism, this volume will be of immense interest to scholars and researchers in the areas of women and gender studies, sociology and social theory, gender politics, political theory, democracy, protest movements, politics, media and the internet, political advocacy, and law and legal theory. It will also be a compelling read for anyone interested in gender justice and equal rights.From one of the nation&’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation …
Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court&’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.Human Rights and the UN Universal Periodic Review Mechanism: A Research Companion
Par Damian Etone, Amna Nazir, Alice Storey. 2024
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human…
rights. After 10 years of the existence of the UPR mechanisms, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, Part III questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics and policy-makers working in the area of International Human Rights law, International Organizations and International Relations.