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Fair Shake: Women and the Fight to Build a Just Economy
Par Naomi Cahn, June Carbone, Nancy Levit. 2024
A stirring, comprehensive look at the state of women in the workforce—why women&’s progress has stalled, how our economy fosters…
unproductive competition, and how we can fix the system that holds women back.In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past, wage gaps continue to increase. It is the most educated women who have fallen the furthest behind. Blue-collar women hold the most insecure and badly paid jobs in our economy. And even as we celebrate high-profile representation—women on the board of Fortune 500 companies and our first female vice president—women have limited recourse when they experience harassment and discrimination. Fair Shake: Women and the Fight to Build a Just Economy explains that the system that governs our economy—a winner-take-all economy—is the root cause of these myriad problems. The WTA economy self-selects for aggressive, cutthroat business tactics, which creates a feedback loop that sidelines women. The authors, three legal scholars, call this feedback loop &“the triple bind&”: if women don&’t compete on the same terms as men, they lose; if women do compete on the same terms as men, they&’re punished more harshly for their sharp elbows or actual misdeeds; and when women see that they can&’t win on the same terms as men, they take themselves out of the game (if they haven&’t been pushed out already). With odds like these stacked against them, it&’s no wonder women feel like, no matter how hard they work, they can&’t get ahead. Fair Shake is not a &“fix the woman&” book; it&’s a &“fix the system&” book. It not only diagnoses the problem of what's wrong with the modern economy, but shows how, with awareness and collective action, we can build a truly just economy for all.Global Cybersecurity and International Law (Routledge Research in Information Technology and E-Commerce Law)
Par Antonio Segura Serrano. 2024
This book offers a critical analysis of cybersecurity from a legal-international point of view.Assessing the need to regulate cyberspace has…
triggered the re-emergence of new primary norms. This book evaluates the ability of existing international law to address the threat and use of force in cyberspace, redefining cyberwar and cyberpeace for the era of the Internet of Things. Covering critical issues such as the growing scourge of economic cyberespionage, international co-operation to fight cybercrime, the use of foreign policy instruments in cyber diplomacy, it also looks at state backed malicious cyberoperations, and the protection of human rights against State security activities. Offering a holistic examination of the ability of public international law, the book addresses the most pressing issues in global cybersecurity.Reflecting on the reforms necessary from international institutions, like the United Nations, the European Union, the Council of Europe, and NATO, in order to provide new answers to the critical issues in global cybersecurity and international law, this book will be of interest to academics, students and practitioners.Litigating Judicial Selection
Par null Herbert M. Kritzer. 2024
In the United States and elsewhere, the questions of who should serve as a judge and how these judges should…
be chosen are increasingly contested. In Litigating Judicial Selection, Herbert Kritzer examines these questions with a comprehensive analysis of judicial-selection litigation over time and place. With a data set of over 2,000 cases from around the world, Kritzer offers new insight into the judicial selection by way of in-depth statistical analysis and an extensive narrative description of several important case studies. This book should be read by anyone seeking insight into the way judges are selected in the twenty-first century.Thinking About Medicine: An Introduction to the Philosophy of Healthcare
Par David Misselbrook. 2024
This introduction to the philosophy of medicine surveys the landscape of western philosophy as it pertains to healthcare in an…
accessible way. Written by a doctor for doctors and other health professionals, framing the 'toolbox' of philosophy within the community of medicine, it encourages examination of the implicit assumptions made in the construction of medical knowledge and practice.Taking the reader step by step through the concepts that underpin modern philosophy, they will be challenged to reflect upon the premises within clinical practice which might benefit from scrutiny and challenge, including the nature of scientific knowledge, the limits of our biomedical model, the cultural and relational context, and the failure to recognise or manage adequately the fact/value distinction in medicine and healthcare.The book is an ideal textbook for students of medicine and medical philosophy and will also be of interest to bioethicists, medical sociologists, clinical commissioners and to practicing clinicians in medicine and the allied health professions seeking to improve their understanding of philosophy and ethics and sharpen their critical thinking skills.Theory of Obligations in International Law (Routledge Research in International Law)
Par Cezary Mik. 2024
Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between…
the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.Energy Law and the Sustainable Development Goals: Host Government Instruments for Sustainability in Oil and Gas Operations (Routledge Research in Energy Law and Regulation)
Par Eduardo G Pereira, Thomas L Muinzer, Patrick R Baker. 2024
The UN Sustainable Development Goals are an ambitious agenda for environmental sustainability, economic development, and social transformation. The SDGs include…
targets for governments, in partnership with private industry and communities, to improve access to affordable and reliable energy, reduce inequality, protect natural resources, and invest in transparent legal institutions and resilient infrastructure. Although transitioning energy systems towards a low-carbon future is a core aspect of the SDGs, the International Energy Agency anticipates that oil and gas will remain a significant component of the global energy mix for some time. Host Government Instruments are tools which governments use to grant oil and gas companies permission to develop state-owned resources. In addition to bringing substantial resources into governments, these HGIs often also include environmental commitments as well as commitments to local hiring, stakeholder engagement, and investment in economic development programmes. The different structures of HGIs and their precise terms and conditions are crucial determinants of the sustainability of oil and gas operations conducted thereunder. This book addresses how governments can use HGIs to advance the SDGs. Part I introduces the SDGs and the legal institutions and governance related to HGIs, including in relation to international energy development, international environmental treaties, the Paris Agreement, and human rights regimes. Part II examines specific provisions within HGIs and regulatory systems which relate to the oil and gas sector and SDGs. It provides case studies to illustrate approaches to HGIs and to identify opportunities for host governments and international oil and gas companies to advance the SDGs. The book concludes with a summary of recommendations regarding how host governments, in partnership with the oil and gas industry, can use HGIs to advance economic development and sustainability goals, and advances potential insights towards development of new and renewable resources.Beyond the Binary: Gender and Legal Personhood in Islamic Law
Par Saadia Yacoob. 2024
A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit…
www.luminosoa.org to learn more. One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.International Investment Law and Arbitration from a Latin American Perspective (International Law and the Global South)
Par Nitish Monebhurrun, Carolina Olarte-Bácares, Marco A. Velasquez-Ruiz. 2024
The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and…
Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law.The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil,Colombia, Peru, and Mexico are perused.Forensic Science Laboratory Benchmarking: The FORESIGHT Manual
Par Max M. Houck, Paul J. Speaker. 2024
Forensic Science Laboratory Benchmarking: The FORESIGHT Manual takes a step-by-step instructional approach to utilizing FORESIGHT data, detailing how labs can…
participate in the process to improve efficiencies. The FORESIGHT Project—a business benchmarking process for forensic service providers—was created in 2008 to collect and report data while offering improvement to processes through analysis, comparisons, and best practice evaluations. The program has grown to include more than 200 participating forensic laboratories worldwide.FORESIGHT offers the capability for labs to improve core functions, provide and benefit from metrics, and thus, improve the labs capabilities and functioning for the public good, while maintaining their often limited, fixed budgets. Due to ever-increasing caseloads, forensic laboratories are constantly plagued by backlogged casework—cases submitted to the laboratory but not yet worked. This leads to inefficiencies, delays, and unhappy agencies expecting timely results. Unfortunately, even if a lab’s slates were wiped clean and the backlog were erased, many of the inefficient processes—that created the backlog—would still be in place. Eventually, and inevitably, the lab would develop a new backlog.Unique coverage and features: Presents critical and proven cutting-edge measures to utilize FORESIGHT data improve laboratory testing, operational efficiency, and policies without added additional costs. Synthesizes the data input from more than 200 labs and a decade’s worth of analytics to illustrate process improvements and the advantages of participating. Outlines how to develop data-driven responses to solve current and future problems. Forensic Science Laboratory Benchmarking will be of interest to quality assurance specialists, economists, supervisors in the parent agencies of the labs, managers at all levels of any of the hundreds of public laboratories around the world, and anyone concerned about the effectiveness and efficiency of laboratory testing. As an operational guide, the book provides a helpful roadmap to help public science agencies and forensic labs analyze how they operate, improve on what works, and change what doesn’t to better meet their mission and serve their community’s goals.On the Relation between the EU Charter of Fundamental Rights and National Fundamental Rights: A Comparative Analysis in the European Multilevel Court System
Par Alexander Heger, Moritz Malkmus. 2024
The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter…
of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union’s legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.Case of a Lifetime: A Criminal Defense Lawyer's Story
Par Abbe Smith. 2008
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are…
exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades.For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.The untold story of the slaying of a Southern town's ex-slaves and a white lawyer's historic battle to bring the…
perpretators to justiceFollowing the Civil War, Colfax, Louisiana, was a town, like many, where African Americans and whites mingled uneasily. But on April 13, 1873, a small army of white ex–Confederate soldiers, enraged after attempts by freedmen to assert their new rights, killed more than sixty African Americans who had occupied a courthouse. With skill and tenacity, The Washington Post's Charles Lane transforms this nearly forgotten incident into a riveting historical saga.Seeking justice for the slain, one brave U.S. attorney, James Beckwith, risked his life and career to investigate and punish the perpetrators—but they all went free. What followed was a series of courtroom dramas that culminated at the Supreme Court, where the justices' verdict compromised the victories of the Civil War and left Southern blacks at the mercy of violent whites for generations. The Day Freedom Died is an electrifying piece of historical detective work that captures a gallery of characters from presidents to townspeople, and re-creates the bloody days of Reconstruction, when the often brutal struggle for equality moved from the battlefield into communities across the nation.The Complete Book of Wills, Estates, and Trusts: Advice that Can Save You Thousands of Dollars in Legal Fees and Taxes
Par Alexander A. Bove Jr.. 2005
The best legal guide to wills and estates—with more than 80,000 copies sold—now updated to cover the current asset protection…
options and estate lawsWhether grappling with modest or extensive assets, The Complete Book of Wills, Estates, and Trusts has long been the indispensable guide for protecting an estate for loved ones. In this completely revised third edition, updated to cover the latest changes in estate law, attorney Alexander A. Bove, Jr., clearly explains• how to use a will to avoid probate and legal complications• how trusts work and how to use trusts to save taxes• how to contest a will and how to avoid a contest• how to settle an estate or make a claim against one• how to establish a durable power of attorney• how to protect assets from creditorsIn his straightforward and humorous style, Bove shares easy-to-understand legal definitions, savvy advice on taxes, and pragmatic and simple sample forms, all illustrated with entertaining examples and actual cases. The Complete Book of Wills, Estates, and Trusts is the best guide available for defending your financial legacyThis book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles…
at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.Gerichtsentscheidungen können ohne Bezugnahmen auf andere Texte weder getroffen noch verfasst werden, Zitate sind in Gerichtsentscheidungen omnipräsent. Jede Entscheidung berücksichtigt…
einschlägige Normtexte oder Präjudizien, in erster Linie zur Sicherstellung einer kohärenten Rechtsprechung. Durch den Akt des Bezugnehmens demonstrieren Gerichte, dass sie in ihren Entscheidungen auf einer etablierten Rechtsdogmatik aufbauen. Diese Integration in die bestehende Dogmatik legitimiert die Entscheidung und schafft damit Rechtssicherheit durch Rechtsvorhersagbarkeit. In Gerichtsentscheidungen finden sich darüber hinaus Bezugnahmen auf Texte, die nicht über rechtliche Autorität verfügen und denen entsprechend keine derartige Funktion zugeschrieben werden kann. Unter den von Gerichten zitierten Quellen finden sich neben Gesetzestexten z.B. auch Bezüge auf ausländisches Recht, auf wissenschaftliche Quellen oder sogar auf literarische Texte. Die vorliegende Arbeit beschäftigtsich in Anbetracht dessen mit der Frage, wie und warum Gerichte zitieren. Am Beispiel von Entscheidungen des Bundesverfassungsgerichts und des Supreme Court of Canada schlägt die interdisziplinäre Studie sowohl philologische als auch rechtswissenschaftliche Auswertungskriterien zur empirischen Rekonstruktion von Zitatfunktionalisierungen vor und nimmt dabei ferner auch eine komparative Perspektive auf rechtskreisbedingte Unterschiede zwischen den Zitationspraktiken vor Gericht ein.The Borders of the European Union in a Conflictual World: Interdisciplinary European Studies
Par Antonina Bakardjieva Engelbrekt, Per Ekman, Anna Michalski, Lars Oxelheim. 2024
This open access book examines the implications for the EU of a radically changed international context characterized by systemic rivalry,…
competition over norms and regulations, and growing strategic tension. Globalization that once tied national economies together and internationalized social phenomena, such as education, research and innovation, and tourism, has gone in reverse. An opposite trend is driving the world into distinct spheres of competing models of governance, regulation, technological development, and communication. Facing the most extensive rupture of economic and inter-state relations since the onset of the Cold War, the management of the EU’s internal and external borders is taking on a completely new meaning. The open access book brings together scholars from economics, law, and political science to provide up dated assessments and policy advice on the insecurity in the neighborhood and war in Ukraine, the EU’s role in the future European security architecture,weaponized energy dependence, and the global competition on norms.Democratizing Cleveland: The Rise and Fall of Community Organizing in Cleveland, Ohio 1975–1985
Par Randy Cunningham. 2007
Democratizing Cleveland: The Rise and Fall of Community Organizing in Cleveland, Ohio, 1975-1985 is the result of almost fifteen years…
of research on a topic that has been missing from local works on Cleveland history: the community organizing movement that put neighborhood concerns and neighborhood voices front and center in the setting of public policies in the late 1970s and early 1980s. Originally published in 2007 by Arambala Press, this important work is being reprinted by Belt Publishing for a new generation of activists, planners, urbanists, and organizers.The History of Democracy Has Yet to Be Written: How We Have to Learn to Govern All Over Again
Par Thomas Geoghegan. 2021
"This book made me laugh out loud and also gave me glimpses of an entire horizon of possibility I hadn't…
seen before."--Chris Hayes, host of MSNBC's All In with Chris Hayes End the filibuster. AbolishTotal Lawfare: New Defense and Lessons from China’s Unrestricted Lawfare Program
Par Patrick S. Nash, Deniz Guzel. 2024
This book advocates for a novel doctrine of ‘total lawfare’ as part of a comprehensive approach to modern hybrid warfare.The…
book begins by introducing the military concept of ‘limited lawfare’ in the context of modern geopolitical conditions. It proceeds to set out a conceptual history of lawfare in the West, highlighting conceptual shortcomings and NATO’s limited capabilities in this branch of hybrid warfare. It then provides a comparative case study and strategic threat assessment of the Chinese concept of ‘unrestricted lawfare’. Against this, the book grounds an ethical doctrine of ‘total lawfare’ within the Western jurisprudential tradition and translates this into practice as a key pillar of modern defense strategy under the rule of law. The book concludes by advocating for a Thielian ‘New Defense’ industry centered upon ‘total lawfare’ as a legitimate and effective Western response to enemy aggression.The book will be of interest to academics, policy-makers, and students working in the fields of lawfare, jurisprudence, and military law.The Law Officer's Pocket Manual: 2024 Edition
Par John G. Miles Jr., David B. Richardson, Anthony E. Scudellari. 2024
The Law Officer’s Pocket Manual is a handy, pocket-sized, spiral-bound manual that highlights basic legal rules for quick reference and…
offers examples showing how those rules are applied. The manual provides concise guidance based on U.S. Supreme Court rulings on constitutional law issues and other legal developments, covering arrest, search, surveillance, and other routine as well as sensitive areas of law enforcement. It includes more than 100 examples drawn from leading cases to provide guidance on how to act in a wide variety of situations. The 2023 edition is completely updated to reflect recent court decisions. This book helps you keep track of everything in a readable and easy-to-carry format. Routledge offers tiered discounts on bulk orders of 5 or more copies: For more information, please visit: https://www.routledge.com/collections/16268