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Politics After Neoliberalism: Reregulation in Mexico (Cambridge Studies in Comparative Politics)
Par Robert Bates, Richard Snyder, Ellen Comisso, Peter Lange, Joel Migdal, Helen Milner. 2004
The shift from state-led to market-oriented, neoliberal economic policies has been one of the most important changes in the developing…
world during the last two decades. Although much existing research has focused on why countries choose these neoliberal policy reforms and how they implement them, Richard Snyder's study offers an analysis of politics after neoliberalism. The book proposes a framework that explains how neoliberal reforms, rather than unleashing market forces, actually trigger 're-regulation' processes involving strategic interactions between political entrepreneurs and societal groups. Depending on the strengths and strategies of politicians and societal groups, reregulation results in different types of new institutions for market governance with contrasting consequences for economic efficiency and social justice. This framework is used in conjunction with an innovative subnational comparative method to analyze evidence from four Mexican states about the politics of reregulation.Evidence Under The Rules: Text, Cases, And Problems (Aspen Casebook Ser.)
Par Christopher Mueller, Laird Kirkpatrick, Liesa Richter. 2019
Evidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around…
the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting.Loving Justice: Legal Emotions in William Blackstone's England
Par Kathryn Temple. 2019
A history of legal emotions in William Blackstone’s England and their relationship to justiceWilliam Blackstone’s masterpiece, Commentaries on the Laws…
of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.During the early nineteenth century, schools for the deaf appeared in the United States for the first time. These schools…
were committed to the use of the sign language to educate deaf students. Manual education made the growth of the deaf community possible, for it gathered deaf people together in sizable numbers for the first time in American history. It also fueled the emergence of Deaf culture, as the schools became agents of cultural transformations.Just as the Deaf community began to be recognized as a minority culture, in the 1850s, a powerful movement arose to undo it, namely oral education. Advocates of oral education, deeply influenced by the writings of public school pioneer Horace Mann, argued that deaf students should stop signing and should start speaking in the hope that the Deaf community would be abandoned, and its language and culture would vanish. In this revisionist history, Words Made Flesh explores the educational battles of the nineteenth century from both hearing and deaf points of view. It places the growth of the Deaf community at the heart of the story of deaf education and explains how the unexpected emergence of Deafness provoked the pedagogical battles that dominated the field of deaf education in the nineteenth century, and still reverberate today.The teenager has often appeared in culture as an anxious figure,the repository for American dreams and worst nightmares, at once…
on the brinkof success and imminent failure. Spotlighting the “troubled teen” as a site ofpop cultural, medical, and governmental intervention, Chronic Youthtraces the teenager as a figure through which broad threats to the normativeorder have been negotiated and contained. Examining television, popular novels, science journalism, newmedia, and public policy, Julie Passanante Elman shows how the teenager becamea cultural touchstone for shifting notions of able-bodiedness,heteronormativity, and neoliberalism in the late twentieth century. By the late1970s, media industries as well as policymakers began developing new problem-driven‘edutainment’ prominently featuring narratives of disability—from theimmunocompromised The Boy in the Plastic Bubble to ABC’s After SchoolSpecials and teen sick-lit. Although this conjoining of disabilityand adolescence began as a storytelling convention, disability became much morethan a metaphor as the process of medicalizing adolescence intensified by the1990s, with parenting books containing neuro-scientific warnings about theincomplete and volatile “teen brain.” Undertaking a cultural history of youththat combines disability, queer, feminist, and comparative media studies, Elmanoffers a provocative new account of how American cultural producers,policymakers, and medical professionals have mobilized discourses of disabilityto cast adolescence as a treatable “condition.” By tracing the teen’s unevenpassage from postwar rebel to 21st century patient, Chronic Youth showshow teenagers became a lynchpin for a culture of perpetual rehabilitation andneoliberal governmentality.Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD): Private and Criminal Law Aspects
Par Maciej Domański, Bogusław Lackoroński. 2024
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD),…
its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.Challenging Cases in Clinical Research Ethics
Par Holly Taylor, Liza-Marie Johnson, Benjamin Wilfond, Devan Duenas. 2024
Clinical research ethics consultation has emerged in the last 15 years as a service to those involved in the conduct…
of clinical research who face challenging issues for which more than one course of action may be justified. To respond to a growing field and need for opportunities to share knowledge and experience, the Clinical Research Ethics Consultation Collaborative, established in 2014, holds monthly webinars for its 90 members to present their most challenging cases to each other and engage in substantive discussion. Every year, the group selects the four most interesting cases with accompanying commentaries for publication in the American Journal of Bioethics. This timely book brings together these cases and commentaries under a range of common themes for the first time, creating a permanent collection in book format that encourages and supports readers to gain a better understanding of the ethical challenges that they may face, and providing them with a convenient and reflective resource to reference in their own deliberations. Key Features: • Comprehensive collection of cases and commentaries, chosen to reflect the range of issues faced by clinical researchers and oversight committees and illustrate the diversity of analysis that can arise • Supplemented by short introductions to each section • Focus on ethical rather than regulatory issues • Essential reading for graduate students in bioethics and post-doctoral bioethics fellows, and useful for all participants in training grants that are funded by either NIH or NSF Presenting challenging cases to stimulate reflection, the book provides invaluable guidance to clinicians in training and in practice and to investigators, bioethics consultants, regulators, and oversight bodies.Urban Surfaces, Graffiti, and the Right to the City
Par Sabina Andron. 2024
This landmark book focuses on urban surfaces, on exploring their authorship and management, and on their role in struggles for…
the right to the city. Graffiti, pristine walls, advertising posters, and municipal signage all compete on city surfaces to establish and imprint their values on our environments. It is the first time that the surfacescapes of our cities are granted the entire attention of a book as material, visual, and legal territories. The book includes a critical history of graffiti and street art as contested surface discourses and argues for surfaces as sites of resistance against private property, neoliberal creativity, and the imposition of urban order. It also proposes a seven-point manual for a semiotics of urban surfaces, laying the ground for a new discipline: surface studies. Page after page and layer after layer, surfaces become porous and political and emerge as key spatial conditions for rethinking and re-practicing urban dwelling and spatial justice. They become what the author terms the surface commons. The book will appeal to a wide readership across the disciplines of urban studies, architectural theory and design, graffiti, street art and public art, criminology, semiotics, visual culture, and urban and legal geography. It will also serve as a tool for city scholars, policy makers, artists, and vandals to disrupt existing imaginaries of order, justice, and visibility in cities.The Privacy Leader Compass: A Comprehensive Business-Oriented Roadmap for Building and Leading Practical Privacy Programs
Par Todd Fitzgerald, Valerie Lyons. 2024
Congratulations! Perhaps you have been appointed as the Chief Privacy Officer (CPO) or the Data Protection Officer (DPO) for your…
company. Or maybe you are an experienced CPO/DPO, and you wonder – "what can I learn from other successful privacy experts to be even more effective?" Or perhaps you are considering a move from a different career path and deciding if this is the right direction for you. Seasoned award-winning Privacy and Cybersecurity leaders Dr. Valerie Lyons (Dublin, Ireland) and Todd Fitzgerald (Chicago, IL USA) have teamed up with over 60 award-winning CPOs, DPOs, highly respected privacy/data protection leaders, data protection authorities, and privacy standard setters who have fought the tough battle. Just as the #1 best-selling and CANON Cybersecurity Hall of Fame winning CISO Compass: Navigating Cybersecurity Leadership Challenges with Insights from Pioneers book provided actionable advice to Chief Information Security Officers, The Privacy Leader Compass is about straight talk – delivering a comprehensive privacy roadmap applied to, and organized by, a time-tested organizational effectiveness model (the McKinsey 7-S Framework) with practical, insightful stories and lessons learned. You own your continued success as a privacy leader. If you want a roadmap to build, lead, and sustain a program respected and supported by your board, management, organization, and peers, this book is for you.Rule of Law and the Challenges Posed by the Pandemic: Contributions to the World Law Congress 2021 in Barranquilla
Par Rainer Arnold, Javier Cremades. 2023
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based…
on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.Das Staatenbeschwerdeverfahren der Rassendiskriminierungskonvention
Par Jan Eiken. 2023
Obwohl sieben der neun Menschenrechtsverträge auf Ebene der Vereinten Nationen die Möglichkeit eines Staatenbeschwerdeverfahrens eröffnen, kam dieser Verfahrensart über Jahrzehnte…
hinweg keinerlei praktische Bedeutung zu. Im Frühjahr 2018 erreichten den CERD-Ausschuss dann jedoch gleich drei verschiedene Staatenmitteilungen. Die erstmalige Aktivierung des Verfahrens fast 50 Jahre nach Inkrafttreten des Internationalen Übereinkommens zur Beseitigung jeder Form von Rassendiskriminierung (CERD) kann dabei als eine historische Entwicklung bezeichnet werden. Vor diesem Hintergrund bietet dieses Buch erstmals eine umfassende Auseinandersetzung mit dem Staatenbeschwerdeverfahren nach Art. 11-13 CERD und den sich daraus ergebenden völkerrechtlichen Fragen. Unter Auswertung der jüngsten Praxis des CERD-Ausschusses und der ad hoc Vergleichskommission wird die Funktionsweise des Verfahrens detailliert dargestellt, wobei immer wieder Parallelen zu den Mechanismen anderer Vertragsregime gezogen werden. Auf diese Weise soll die Arbeit auch zu dem Verständnis vergleichbarer Staatenbeschwerdeverfahren anderer Menschenrechtsverträge beitragen und zugleich die Bedeutung des Phänomens zwischenstaatlicher Streitbeilegung in Menschenrechtsfragen stärker in den Vordergrund rücken.Work Beyond the Pandemic: Towards a Human-Centred Recovery
Par Tindara Addabbo, Edoardo Ales, Ylenia Curzi, Tommaso Fabbri, Olga Rymkevich, Iacopo Senatori. 2024
This book addresses the impact of Covid-19 on employment relations and provides a reconstruction and a critical assessment of the…
measures enacted worldwide to tackle the economic and social crisis triggered by the global health emergency. The pandemic has been a booster of critical issues that for years have been silently shaping society and the labor market and so it can represent an opportunity to relaunch a critical analysis on the future of work.Beginning from this assumption, this book collects contributions from different disciplines, including law, economics and organization theory. It covers topics such as the measures enacted to protect workers’ health and cushion the labour, the new inequalities that emerged during the pandemic and the strategies to construct a sustainable and human-centred development in the post pandemic scenario. It is highly relevant to scholars and students of organisation studies, resilience, the labour market and labour law.J.K. Lasser's Small Business Taxes 2024: Your Complete Guide to a Better Bottom Line (J.K. Lasser)
Par Barbara Weltman. 2024
Expert small business tax guidance from America’s favorite expert In the newly revised J.K. Lasser’s Small Business Taxes 2024: Your…
Complete Guide to a Better Bottom Line, renowned small business attorney and tax expert Barbara Weltman delivers the latest and most up-to-date edition of America’s most trusted small business tax guide. In the book, you’ll explore exactly how to minimize your 2023 business tax bill and position your business for 2024 tax savings with straightforward and comprehensive guidance that walks you through which deductions and credits to look out for and how to claim them. You’ll discover what kinds of tax relief and green energy tax breaks are legally available to your small business and how to access them, complete with specific instructions on how to properly fill out IRS tax forms, what records to keep in case the IRS has questions, and applicable dollar limits. You’ll also find: Tax facts, strategies, checklists, and the latest information you need to ensure you pay what you legally owe – and not a penny more Sample IRS forms that demonstrate how to properly claim the deductions and credits that apply to your small business New tax laws and the latest court decisions and IRS rulings that impact your bottom-line A complimentary new e-supplement containing the latest developments from the Internal Revenue Service (IRS) and CongressA must-read roadmap to properly completing this year’s business taxes, J.K. Lasser’s Small Business Taxes 2024 is your comprehensive and up-to-date guide to legally minimizing your tax bill while making sure Uncle Sam gets what he’s owed.Banned: Immigration Enforcement in the Time of Trump
Par Shoba Wadhia. 2019
Winner, 2020 Best Book Award, Law Category, given by the American Book FestExamines immigration enforcement and discretion during the first…
eighteen months of the Trump administrationWithin days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy.Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward.The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.Reproducing Racism: How Everyday Choices Lock In White Advantage
Par Daria Roithmayr. 2014
Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for…
continuing advantageThis book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress?Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft.With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore
Par Richard Hasen. 2003
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks…
the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.The shocking truth about how state governments and their private industry partners are profiting from the social programs meant to…
support disadvantaged AmericansGovernment aid doesn’t always go where it’s supposed to. Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory schemes to siphon Medicaid funds intended for children and the poor into general state coffers. Child support payments for foster children and families on public assistance are converted into government revenue. And the poverty industry keeps expanding, leaving us with nursing homes and juvenile detention centers that sedate residents to reduce costs and maximize profit, local governments buying nursing homes to take the facilities’ federal aid while the elderly languish with poor care, and counties hiring companies to mine the poor for additional funds in modern day debtor’s prisons.In The Poverty Industry, Daniel L. Hatcher shows us how state governments and their private industry partners are profiting from the social safety net, turning America’s most vulnerable populations into sources of revenue. The poverty industry is stealing billions in federal aid and other funds from impoverished families, abused and neglected children, and the disabled and elderly poor. As policy experts across the political spectrum debate how to best structure government assistance programs, a massive siphoning of the safety net is occurring behind the scenes. In the face of these abuses of power, Hatcher offers a road map for reforms to realign the practices of human service agencies with their intended purpose and to prevent the misuse of public taxpayer dollars.With more Americans than ever before seeking unemployment benefits, it is essential to remedy the nefarious practices that will impede them from receiving the full government support they are due. The Poverty Industry shows us the path to rectify this systemic inequality to ensure that government aid truly gets to those in need.Stories from Trailblazing Women Lawyers: Lives in the Law
Par Jill Norgren. 2018
The captivating story of how a diverse group of women, including Janet Reno and Ruth Bader Ginsburg, broke the glass…
ceiling and changed the modern legal profession In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. As adults these women were on the front lines fighting for access to law schools and good legal careers. They challenged established rules and broke the law’s glass ceiling.Norgren uses these interviews to describe the profound changes that began in the late 1960s, interweaving social and legal history with the women’s individual experiences. In 1950, when many of the subjects of this book were children, the terms of engagement were clear: only a few women would be admitted each year to American law schools and after graduation their professional opportunities would never equal those open to similarly qualified men. Harvard Law School did not even begin to admit women until 1950. At many law schools, well into the 1970s, men told female students that they were taking a place that might be better used by a male student who would have a career, not babies. In 2005 the American Bar Association’s Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.The Law and Society Reader II (Washington Mews)
Par Erik Larson, Patrick Schmidt. 2014
Law and society scholars challenge thecommon belief that law is simply a neutral tool by which society sets standardsand resolves…
disputes. Decades of research shows how much the nature ofcommunities, organizations, and the people inhabiting them affect how lawworks. Just as much, law shapes beliefs, behaviors, and wider socialstructures, but the connections are much more nuanced—and surprising—than manyexpect.Law and SocietyReader IIprovides readers an accessible overview to the breadth of recent developmentsin this research tradition, bringing to life the developments in this dynamicfield. Following up a first Law andSociety Reader published in 1995, editors Erik W. Larson and Patrick D.Schmidt have compiled excerpts of 43 illuminating articles published since 1993in The Law & Society Review, theflagship journal of the Law and Society Association.By its organizationand approach, this volume enables readers to join in discussing the key ideasof law and society research. The selections highlight the core insights anddevelopments in this research tradition, making these works indispensable forthose exploring the field and ideal for classroom use. Across sixconcisely-introduced sections, this volume analyzes inequality, lawyering, therelation between law and organizations, and the place of law in relation toother social institutions.Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (Religion and Social Transformation)
Par Brian Owensby, Richard Ross. 2018
A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New WorldAs British…
and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice.This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.