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Book
pages cm
Law Library (Crown)
Book
pages cm.
  • What the Constitution is-and why it matters
  • The fiduciary background of the founding era
  • Fiduciary government
  • Categorizing the Constitution
  • Incidental powers
  • The duty of personal exercise of delegated power
  • Duties of care and loyalty
  • Impartiality.
Law Library (Crown)
Book
pages cm
  • About abortion
  • The law from Roe forward
  • Abortion privacy/abortion secrecy
  • The eye of the storm
  • Facing your fetus
  • "You had body, you died"
  • Sending pregnant teenagers to court
  • Fathers and fetuses: what would men do?
  • Normalizing abortion.
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women's willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman's desire to control personal information, and abortion secrecy, a woman's defense against the many harms of disclosure. Laws regulating abortion patients and providers treat abortion not as an acceptable medical decision--let alone a right--but as something disreputable, immoral, and chosen by mistake. Exploiting the emotional power of fetal imagery, laws require women to undergo ultrasound, a practice welcomed in wanted pregnancies but commandeered for use against women with unwanted pregnancies. Sanger takes these prejudicial views of women's abortion decisions into the twenty-first century by uncovering new connections between abortion law and American culture and politics. New medical technologies, women's increasing willingness to talk online and off, and the prospect of tighter judicial reins on state legislatures are shaking up the practice of abortion. As talk becomes more transparent and acceptable, women's decisions about whether or not to become mothers will be treated more like those of other adults making significant personal choices.-- Provided by publisher
Law Library (Crown)
Book
xix, 309 pages ; 24 cm
  • Access to justice and legal aid cuts : a mismatch of concepts in the contemporary Australian and British legal landscapes / Asher Flynn and Jacqueline Hodgson
  • Challenges facing the Australian legal aid system / Mary Anne Noone
  • Rhyme and reason in the uncertain development of legal aid in Australia / Jeff Giddings
  • The rise and decline of criminal legal aid in England and Wales / Tom Smith and Ed Cape
  • A view from the bench : a judicial perspective on legal representation, court excellence, and therapeutic jurisprudence / Pauline Spencer
  • Face-to-interface communication : accessing justice by video link from prison / Carolyn McKay
  • The rise of "DIY" law : implications for legal aid / Kathy Laster and Ryan Kornhauser
  • Community lawyers, law reform, and systemic change : is the end in sight? / Liana Buchanan
  • What if there is nowhere to get advice? / James Organ and Jennifer Sigafoos
  • The end of "tea and sympathy" the changing role of voluntary advice services in enabling access to justice? / Samuel Kirwan
  • Reasoning a human right to legal aid / Simon Rice Oam
  • Cuts to civil legal aid and the identity crisis in lawyering : lessons from the experience of England and Wales / Natalie Byrom
  • Access to what? Laspo and mediation / Rosemary Hunter, Anne Barlow, Janet Smithson, and Jan Ewing
  • Insights into inequality : Victorian women's access to legal aid / Pasanna Mutha-Merennege
  • Indigenous people and access to justice in civil and family law / Melanie Schwartz
  • Austerity and justice in the age of migration / Ana Aliverti.
Law Library (Crown)
Book
viii, 206 pages ; 24 cm
  • Introduction: Law, religion and the challenge of accommodation
  • Muslim communities in a multicultural context
  • Contextualishing Sharīʻah : Sharīʻah in the common law world
  • Muslims, family relationships and the common law
  • Muslims, crime and the common law
  • Muslims, business transactions and the common law
  • Conclusion.
The book explores the relationship between Muslims, the Common Law and Shari'ah post-9/11. The book looks at the accommodation of Shari'ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Shari'ah by looking at how the flexibilities that exists in both the Common Law and Shari'ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari'ah is not necessarily one that requires the establishment of a separate and parallel legal system.
(source: Nielsen Book Data)9780415710466 20160928
Law Library (Crown)
Book
xxiv, 295 pages : illustrations ; 29 cm.
  • Open judiciary worldwide : best practices and lessons learnt / Carlos E. Jiménez-Gómez
  • Open and transparent judicial records in the digital age : applying principles and performance measures / Nial Raaen
  • Open judiciary in high courts : securing a networked constitution, challenges of e-justice, transparency and citizen participation / Jesús Cano, Luis Pomed, Carlos E. Jiménez-Gómez, Roberto Hernández
  • Open judiciary in a closed society : a paradox in China? / Mei Gechlik, Di Dai, Jordan Corrente Beck
  • An analysis of a lay adjudication system and open judiciary : the new Japanese lay adjudication system / Yumiko Kita
  • From e-justice to open judiciary : an analysis of the Portuguese experience / Rui Pedro Lourenço, Paula Fernando, Conceição Gomes
  • Integrating semi-open data in a criminal judicial setting / Mortaza S. Bargh, Sunil Choenni, Ronald F. Meijer
  • Digitalizing police requirements : opening up justice through collaborative initiatives / Mila Gascó-Hernández
  • Openlaws.eu : open justice in Europe through open access to legal information / Thomas J. Lampoltshammer, Andres Guadamuz, Clemens Wass, Thomas Heistracher
  • Consumer "access to justice" in EU in low-value cross-border disputes and the role of online dispute resolution / Inmaculada Barral-Viñals
  • Open data for open justice in seven Latin American countries / Sandra Elena, François van Schalkwyk
  • Open justice in Latin America? : an assessment framework for judiciary portals in 2015 / Rodrigo Sandoval-Almazán.
Open government initiatives have become a defining goal for public administrators around the world. However, progress is still necessary outside of the executive and legislative sectors. Achieving Open Justice through Citizen Participation and Transparency is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions. Highlighting the application of open government concepts in a global context, this book is ideally designed for public officials, researchers, professionals, and practitioners interested in the improvement of governance and democracy.
(source: Nielsen Book Data)9781522507178 20161124
Law Library (Crown)
Book
xiii, 322 pages ; 24 cm
  • The challenge of regulatory excellence / Cary Coglianese
  • Responsive excellence / John Braithwaite
  • Regulating by the stars / Wendy Wagner
  • Regulatory excellence and democratic accountability / Kathryn Harrison
  • Beyond process excellence : enhancing societal well-being / John D. Graham and Paul R. Noe
  • Regulatory equilibrium / Ted Gayer
  • A risk regulation perspective on regulatory excellence / Bridget M. Hutter
  • Regulatory excellence and lucidity / Robert Baldwin
  • Regulatory excellence : lessons from theory and practice / Daniel C. Esty
  • What makes a regulator excellent? Mission, funding, information, and judgment / Shelley H. Metzenbaum and Gaurav Vasisht
  • Beyond best-in-class : three secrets to regulatory excellence / Adam M. Finkel
  • Compliance, enforcement, and regulatory excellence / Neil Gunningham
  • The role of policy learning and reputation in regulatory excellence / David Vogel
  • Regulatory excellence via multiple forms of expertise / David Levi-Faur
  • Insurance and the excellent regulator / Cary Coglianese and Howard Kunreuther
  • A systems approach to regulatory excellence / Angus Corbett
  • Performance principles for regulators / Donald P. Moynihan
  • Measuring regulatory excellence / Cary Coglianese.
Law Library (Crown)
Book
xii, 352 pages ; 25 cm.
  • New imperialism : imperium, dominium and responsibility under international law
  • Dominium
  • Imperium
  • Territorium et titulus
  • British Nigeria
  • French Equatorial Africa
  • German Cameroon
  • Ex facto ius oritur?
  • A reflection on the nature of international law : redressing the illegality of Africa's colonization.
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
(source: Nielsen Book Data)9789004319134 20170130
Law Library (Crown)
Book
xvii, 219 pages ; 23 cm
  • A mess that can't be fixed?
  • The board-centric imperative
  • Revolt in the boardroom: the story of General Motors
  • General Motors as catalyst
  • Drexel: the most feared firm on Wall Street
  • Dead broke: New York City's 1970s fiscal crisis
  • Lights out: the Con-Ed blackout
  • Shedding light on shadow government in New York State
  • Planned Parenthood: a corporate governance success story
  • Conclusion.
Law Library (Crown)

10. Adam Smith and law [2017]

Book
x, 524 pages ; 26 cm.
Law Library (Crown)
Book
pages cm
  • Advertising on trial
  • Colonizing new advertising spaces
  • The new market research
  • From market share to mindshare
  • Sellebrity
  • Stopping adcreep.
Law Library (Crown)
Book
xxxiii, 483 pages ; 19 cm.
  • Introduction
  • The delegation of authority to agencies
  • Political controls over agency action
  • The scope of judicial review
  • Acquiring and disclosing information
  • The informal administrative process
  • Procedural due process
  • Formal adjudications
  • Procedural shortcuts
  • Rules and rulemaking
  • Obtaining judicial review
  • Appendix. Selected constitutional and statutory provisions.
This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.
(source: Nielsen Book Data)9781628103557 20170123
Law Library (Crown)
Book
xxx, 437 pages ; 19 cm.
  • Introduction to the administrative law of health care
  • Procedural due process
  • Adjudication
  • Rule and policy making
  • Judicial review
  • State public health regulation
  • State medical licensure and discipline
  • The Affordable Care Act and the Medicare and Medicaid programs
  • The Affordable Care Act and private health insurance
  • Use of information by state and federal health care agencies
  • State and federal regulation of health care providers and suppliers
  • Provider and supplier appeals under the Medicare and Medicaid programs
  • Health plan appeals under the Medicare and Medicaid programs
  • Beneficiary appeals under the Medicare and Medicaid programs
  • Rule and policy making in the Medicare and Medicaid programs
  • Judicial review of Medicare and Medicaid policy and decisions.
Law Library (Crown)
Book
xvi, 129 pages ; 26 cm.
  • Introduction to the research of U.S. admiralty and maritime law
  • U.S. admiralty and maritime law term definitions
  • Primary sources of U.S. admiralty and maritime law
  • Major areas of U.S. admiralty and maritime law
  • Secondary sources of U.S. admiralty and maritime law
  • Sources of international, intranational, and transnational maritime law
  • Conclusion.
With approximately seventy percent of the earth's surface covered by water, it could be argued that legal issues concerning admiralty do not receive their due in the greater spectrum of the law. Nevertheless, this lack of public recognition is by no means mirrored in the law itself. Vast amounts of shipping traffic, lucrative cruise liners, and pirates, among other things, still require a robust legal regime to successfully, and peacefully, navigate the world's waterways. The goal of this guide is to help the novice and expert alike in finding an appropriate place to begin research; it contains definitions, information and sources on major subtopics, primary and secondary sources of U.S. law, and also sources of international, intranational, and transnational maritime law-- Publisher.
Law Library (Crown)
Book
viii, 221 pages ; 24 cm.
  • Privacy law and adolescents
  • Decisional privacy
  • Spatial privacy
  • Informational privacy
  • The development science of privacy
  • Reshaping adolescents
  • privacy rights.
Law Library (Crown)
Book
144 pages ; 22 cm.
  • Preface ; 1. Introduction: Aims and Contours of Private Law ; 2. Contract Law ; 3. Tort Law ; 4. Property Law ; 5. Family Law ; 6. Succession Law ; 7. Epilogue ; References ; Index.
In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches -- on contract, tort, property, family and inheritance -- are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Law Library (Crown)
Book
leaves 57-62 ; 28 cm
Law Library (Crown)
Book
xii, 347 pages ; 25 cm.
Law Library (Crown)
Book
xii, 255 pages ; 24 cm.
  • Figures-- Acknowledgements-- Abbreviations-- 1. Introduction-- 2. Life and participant reflection in northern Uganda-- 3. Rape, wrongdoing and justice-- 4. Acholi love: sex and social belonging-- 5. Consent and rape: when does 'no' mean no?-- 6. Social harmony and the space between local solutions and formal judicial system-- 7. Mango trees, offices and altars-- 8. Comparing the aftermath of civilian and combatant rape-- 9. Conclusion: medicine and lightning-- References.
  • (source: Nielsen Book Data)9781107180048 20170220
Following the ICC intervention in 2005, northern Uganda has been at the heart of international justice debates. The emergent controversy, however, missed crucial aspects of Acholi realities: that the primary moral imperative in the wake of wrongdoing was not punishment but, instead, the restoration of social harmony. Drawing upon abundant fieldwork and in-depth interviews with almost 200 women, Holly Porter examines issues surrounding wrongdoing and justice, and sexual violence and rape, among the Acholi people in northern Uganda. This intricate exploration offers evidence of a more complicated and nuanced explanation of rape and its aftermath, suggesting a re-imagining of the meanings of post-atrocity justice, whilst acknowledging the role of sex, power and politics in all sexual experiences between coercion and consent. With its wide investigation of social life in northern Uganda, this provocative study offers vital analysis for those interested in sexual and gender violence, post-conflict reconstruction and human rights.
(source: Nielsen Book Data)9781107180048 20170220
Law Library (Crown)
Book
xiv, 189 pages ; 24 cm
  • The decline of education
  • The destruction of commitment
  • The demise of law
  • The loss of home
  • The distaste for service
  • The passing of unity
  • The fall of faith.
Law Library (Crown)

21. Al-Tounsi : a novel [2017]

Book
359 pages ; 23 cm
Law Library (Crown)
Book
xiii, 360 pages ; 24 cm
  • What is a legal system?
  • Law : formal and informal
  • The background of American law
  • The structure of American law : the courts
  • The structure of American law : statutes and statute makers
  • The structure of American law : executing policy
  • Federalism and American legal culture
  • Inside the black box : the substance of law
  • Crimes and punishments
  • Constitutional law and civil liberties
  • On legal behavior
  • Legal culture : legitimacy and morality
  • The American legal profession
  • Law and social change
  • Epilogue: The future of law in the United States.
This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society, and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. _ This new edition, which keeps the same basic structure of earlier editions, has been revised and brought up to date, reflecting the way the legal system has adapted to the complex new world of the twenty-first century.
(source: Nielsen Book Data)9780190460594 20170220
Law Library (Crown)
LAW-3504-01
Book
xiii, 339 pages ; 24 cm
  • Introduction
  • Modern surveillance : massive, classified, and indiscriminate
  • Word games
  • Snowden, surveillance whistleblowers, and democracy
  • We kill people based on metadata
  • The shadow of September 11th
  • Modern surveillance and counterterrorism
  • Americans caught up in the foreign intelligence net
  • Warrantless wiretapping of Americans under Section 702
  • Nothing to hide? : a short history of surveillance abuses
  • The minimal comfort of minimization
  • Do unto others : why Americans should protect foreigners' privacy rights
  • U.S. surveillance law before September 11th
  • American spies after September 11th : illegality and legalism
  • Modern surveillance and the Fourth Amendment
  • The failures of external oversight
  • The National InSecurity Agency
  • The future of surveillance.
US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.
(source: Nielsen Book Data)9781107103238 20170130
Law Library (Crown)
Book
xiii, 330 pages ; 23 cm
  • State judicial interpretations of super-DOMAs
  • The effects of super-DOMAs on same-sex couples
  • The effects of super-DOMAs on families with children being raised by same-sex couples
  • Super-DOMAs and LGBT migration : fight or flight?
  • How the federal courts rescued same-sex couples and their families.
America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.
(source: Nielsen Book Data)9781107559004 20161205
Law Library (Crown)
Book
xxii, 109 pages ; 24 cm.
  • Genesis of the common law
  • Introduction to the common law and its application in Cyprus
  • Application and development of the common law
  • Binding precedent
  • Basic principles of the common law
  • The administration of justice
  • Supplementary reference to principles of the common law
  • Overview of the common law
  • Origin and principles of equity
  • Instantiation of the application of the principles of equity
  • Breach of confidence
  • Undue influence
  • Cause of action and issue estoppel
  • Trusts
  • Duress
  • Specific performance.
This book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.0.
Law Library (Crown)
Law Library (Crown)
Book
pages cm
  • Class legislation and the prehistory of animus
  • Department of Agriculture v. Moreno
  • City of Cleburne v. Cleburne Living Center
  • Romer v. Evans and beyond
  • United States v. Windsor
  • What's wrong with subjective dislike?
  • Objectively objectionable
  • The doctrinal uniqueness of animus
  • The elusive search for animus
  • How much animus is enough? and what should we do about it?
  • Applying what we've learned
  • Obergefell and animus
  • Animus doctrine today and tomorrow.
Law Library (Crown)
Book
pages cm.
  • The fundamental right to religious freedom
  • Legal recognition of churches and religious communities
  • Religious communities as associations
  • Muslims in integration law
  • Naturalisation
  • Islamic priests and prayer houses
  • Burial and cemeteries
  • Education and schools
  • Islamic chaplaincy in public institutions
  • Labour law
  • Islamic slaughter
  • Islamic dress
  • Criminal law
  • Family law
  • Private international law.
This volume of 'Annotated Legal Documents on Islam in Europe' covers Switzerland and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original German, French and Italian language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
Law Library (Crown)
Book
xii, 272 pages ; 24 cm.
  • Exclusion from a public social space defined by qualities and values
  • Wielding employment discrimination against gay lawyers as a sword and shield
  • Defending the masculine identity of the military and its service members
  • Teaching that homosexuality is immoral
  • Representing the electorate's values
  • Promoting the all-American image of major league sports
  • Maintaining a distance between gay people and God in defense of greater orthodoxies
  • Conclusion: The importance of teaching the qualities and values of gay people.
From the first game of the National League of Professional Baseball Clubs on April 22, 1876, tens of thousands of men have played professional sports in the Big Four-baseball, basketball, football, and hockey-major professional sports leagues in the United States. Until April 29, 2013, however, when National Basketball Association center Jason Collins came out publicly as gay, not one of those tens of thousands of men had ever come out to the public as gay while an active player on a major league roster. Is it because gay men can't jump (or throw, or catch, or skate)? Or is it more likely that the costs of coming out are too high? In Antigay Bias in Role-Model Occupations, E. Gary Spitko argues that in the case of athletes, and others in role-model occupations, a record of widespread and frequently systematic employment discrimination has been excluding gay people from the public social spaces that identify and teach whom society respects and whom members of society should seek to emulate. Creating a typology of role models-lawyers/judges, soldiers, teachers, politicians, athletes, and clergy-and the positive values and character traits associated with them, Spitko demonstrates how employment discrimination has been used for the purpose of perpetuating the generally accepted notion that gay people are inferior because they do not possess the requisite qualities-integrity, masculinity, morality, representativeness, all-American-ness, and blessedness-associated with employment in these occupations. Combining the inspirational stories of LGBT trailblazers with analysis of historical data, anecdotal evidence, research, and literature, Antigay Bias in Role-Model Occupations is the first book to explore in a comprehensive fashion the broad effects of sexual orientation discrimination in role-model occupations well beyond its individual victims.
(source: Nielsen Book Data)9780812248708 20161219
Law Library (Crown)
Book
viii, 317 pages ; 25 cm
  • Introduction
  • Competition and consumer protection
  • The economics of information
  • Information and market power
  • Agreements on information
  • Exclusion by information
  • "Confusopoly" and information asymmetries
  • Privacy as an information product
  • Information and intellectual property
  • Restraint of trade and freedom of speech
  • Conclusion.
"Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information--companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality. Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality. Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like "confusopoly" and sellers' use of consumers' personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today's problems"-- Provided by publisher.
Law Library (Crown)
Book
xvi, 519 pages ; 22 cm
  • Background
  • Substance
  • People
  • Arbitration and the law
  • Conclusions.
Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions. The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.
(source: Nielsen Book Data)9780957215313 20170213
Law Library (Crown)

32. Arendt and law [2017]

Book
xiii, 631 pages ; 26 cm.
Law Library (Crown)
Book
xxx, 445 pages : illustrations ; 19 cm.
  • Art : the customs definition
  • Art : international movement
  • Art : the victim of war
  • Art as an investment
  • Auctions
  • Authentication
  • Insurance
  • Tax problems : collectors and dealers
  • Tax problems : artists
  • Aid to the arts
  • The working artist
  • Copyright
  • Trademark
  • Moral and economic rights
  • Freedom of expression
  • Museums
  • Right of publicity
  • Photographs of artwork.
Art Law in a Nutshell Fifth Edition presents an overview of the legal issues concerning art. It covers the definition of art, and the theft and movement of art in wartime and peacetime. It examines the business of art for artists, museums, and collectors, including art as an investment, auctions, authentication, insurance, tax issues for artists and collectors, working artist issues, and aid to the arts. It also explains the intellectual property issues of copyright, trademark, moral rights and economic rights, right of publicity, and First Amendment freedom of expression rights.
(source: Nielsen Book Data)9781634599252 20161128
Law Library (Crown)
Book
xiv, 275 pages ; 24 cm
Law Library (Crown)
Attorney-client privilege is often invoked as a defence in international arbitration proceedings however the participants often have very different expectations regarding the applicable privilege standard, as national attorney-client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitral rules do not include provisions on the scope of attorney-client privilege, nor do they outline the conflict of laws issues determining the applicable national privilege law. The applicable level of privilege is therefore left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book is the first of its kind to provide clear guidance to arbitral tribunals regarding the determination of the applicable attorney-client privilege standard. It compares attorney-client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.
Law Library (Crown)
Book
xxii, 240 pages ; 24 cm
  • America's primal sin
  • Preventing the second Great Depression
  • Obama cares
  • To halt the rise of the oceans
  • To stanch a bleeding world
  • The inevitability of disappointment
  • Obama's America.
"Jonathan Chait ... digs deep into Obama's record on major policy fronts-- economics, the environment, domestic reform, health care, race, foreign policy, and civil rights-- to demonstrate why history will judge our forty-fourth president as among the greatest in history"-- Provided by publisher.
Law Library (Crown)
Book
pages cm
  • Introduction : in pursuit of "balance"
  • Navigating the rules in public universities
  • Navigating the rules in the U.S. military
  • Looking out and speaking up : individual agency and networks
  • Status speaks : the importance of rank
  • In the shadow of the ideal worker
  • Conclusion : can mothers ever be ideal workers?
Law Library (Crown)
Book
liii, 292 pages : illustrations (black and white) ; 23 cm
Law Library (Crown)
This new book analyses the legal and practical issues experienced during the Lehman Brothers litigation, the largest and most complex bankruptcy proceedings in history. By examining the issues the work provides a useful reference source for future large scale and cross-border bankruptcy proceedings of multinational groups. The author team includes experts from the various jurisdictions in which Lehman Brothers was operative, many of whom were involved in the litigation. The authors set out practical solutions to the issues faced, concerning, for example, the use of existing payment and settlement systems for consent solicitation, and filing instructions and insolvency distributions. Economic challenges, such as the valuation of distressed financial instruments, are also considered. Additionally, the book provides a critique of the current law, analysis of the interpretation and scope of core legal principles and makes recommendations for regulatory reform and judicial cooperation.0In this book first-hand accounts by key parties in the insolvency proceedings with expertise on the main issues are complemented by the views of selected independent experts to provide the first complete work on this ground-breaking litigation.
Law Library (Crown)
Book
xi, 273 pages ; 24 cm.
Law Library (Crown)
Book
viii, 156 pages ; 24 cm.
  • Origins of the National Bank Act and national currency / Peter Huntoon
  • National bank notes and the practical limits of nationalization / Franklin Noll
  • Charter no. 1 : first among national banks / Marianne Babal
  • E.T. Wilson and the banks : a case study in government regulation and service / Paula Petrik
  • Stabilizing the national banking system, 1864-1913 : the role of bank examination / Eugene N. White
  • Founding the fourth branch : the office of the comptroller of the currency / Jesse Stiller
  • National bank preemption and the financial crisis of 2008 / Raymond Natter
  • The measure of a regulator : the office of thrift supervision, 1989-2011 / Paula Dejmek Woods.
The passage of the National Currency Act of 1863 gave the United States its first uniform paper money, its first nationally chartered and supervised commercial banks, and its first modern regulatory agency: the Office of the Comptroller of the Currency. The law marked a milestone in the development of the U.S. financial system and the modern administrative state. Yet its importance has been largely overlooked. Banking Modern America aims to address that gap. With its unique multidisciplinary approach that brings together scholars from disciplines including history, economics, the law, and finance, this book lends a new dimension to studying the origins and development of a system that touched key aspects of modern America. Chapters examine key episodes in the history of Federal banking, looking at the Civil War origins of the national banking system and the practical challenges of setting up a new system of money and banking. The essays in this volume explore the tensions that arose between bankers and Federal regulators, between governmental jurisdictions, and even between regulators themselves. This book will be essential reading for academics of banking and finance, regulation, numismatics and history, as well as professional economists, historians and policy makers interested in the history of the US financial system.
(source: Nielsen Book Data)9781138213807 20161219
Law Library (Crown)
Book
xvii, 291 pages : illustrations ; 24 cm
  • Preface ix Introduction xv Additional Thanks xvii Chapter 1: An Overview of the Bankruption 1 Chapter 2: Community Banking Is Broken 7 Chapter 3: The Opportunity for Community Financial Institutions 75 Chapter 4: Advice from Others 157 Chapter 5: Finishing Move 257 About the Author 269 About the Companion Website 271 Index 273.
  • (source: Nielsen Book Data)9781119273851 20170206
Community banking can flourish in the face of fintech and global competition with a fresh approach to strategy Bankruption + Website offers a survival guide for community banks and credit unions searching for relevance amidst immense global competition and fintech startups. Author John Waupsh is the Chief Innovation Officer at Kasasa, where he helps spearhead financial product development and implementation across hundreds of institutions. In this guide, he draws on more than a decade in the industry to offer clear, practical advice for competing with the megabanks, direct banks, non-banks, and financial technology companies. The discussion separates futurist thinking from today's realities, and dispels common myths surrounding the U.S. community banking model in order to shed light on the real challenges facing community banking institutions. It follows with clear solutions, proven strategies, and insight from experts across banking and fintech. All arguments are backed by massive amounts of data, and the companion website provides presentation-ready visualizations to help you kickstart change within your team. In the U.S. and around the globe, fintech companies and non-banks alike are creating streams of banking services that are interesting, elegant, and refreshing and they're winning the hearts and minds of early adopters. Not a one-size-fits-all approach, this book offers many different tactics for community banks and credit unions to compete and flourish in the new world. * Analyze fintech's threat to the community banking model * Learn where community banking must improve to compete * Disprove the myths to uncover the real challenges banks face * Adopt proven strategies to bring your organization into the future Community banks and credit unions were once the go-to institutions for local relationship banking, but their asset share has been on the decline for three decades as the big banks just got bigger. Now, fintech companies are exploiting inefficiencies in the traditional banking model to streamline service and draw even more market share, as community banking executives are left at a loss for fresh tactics and forward-looking strategy. Bankruption + Website shows how community banks can be saved, and provides a proven path to success.
(source: Nielsen Book Data)9781119273851 20170206
Law Library (Crown)
Book
pages cm
" Battering States explores the most personal part of people's lives as they intersect with a uniquely complex state system. The book examines how statecraft shapes domestic violence: how a state defines itself and determines what counts as a family; how a state establishes sovereignty and defends its borders; and how a state organizes its legal system and forges its economy. The ethnography includes stories from people, places, and perspectives not commonly incorporated in domestic violence studies, and, in doing so, reveals the transformation of intimate partner violence from a predictable form of marital trouble to a publicly recognized social problem. The politics of domestic violence create novel entry points to understanding how, although women may be vulnerable to gender-based violence, they do not necessarily share the same kind of belonging to the state. This means that markers of identity and power, such as gender, nationality, ethnicity, religion and religiosity, and socio-economic and geographic location, matter when it comes to safety and pathways to justice. The study centers on Israel, where a number of factors bring connections between the cultural politics of the state and domestic violence into stark relief: the presence of a contentious multinational and multiethnic population; competing and overlapping sets of religious and civil laws; a growing gap between the wealthy and the poor; and the dominant presence of a security state in people's everyday lives. The exact combination of these factors is unique to Israel, but they are typical of states with a diverse population in a time of globalization. In this way, the example of Israel offers insights wherever the political and personal impinge on one another. "-- Provided by publisher.
""Battering States examines ethnographically how the presence of a contentious multi-national and multi-ethnic population; competing and overlapping sets of religious and civil family law; a growing gap between the wealthy and the poor; and, the dominant presence of a security state informs the manifestation and regulation of domestic violence"--Provided by publisher"-- Provided by publisher.
Law Library (Crown)
Book
xxv, 266 pages ; 23 cm
  • Chapter One: Get Ready to Practice The POWER Model Practicing Academic Writing Part I: Practice Becoming a Productive Academic Writer Chapter Two: Establish and Maintain the "Write" Habit Think About It ... Seeing Yourself as a Writer EXERCISE 1-Schedule Your Writing Sessions EXERCISE 2-Increase Your Writing Time in No Time EXERCISE 3-Write Quickly, Edit Slowly EXERCISE 4-Organize Messy Drafts EXERCISE 5-Keep and Share a Writing Log EXERCISE 6-Read About Writing EXERCISE 7-Document Your Writing Projects EXERCISE 8-Write to Learn (Anything, Including How to Write) Chapter Three: Practice Building Academic Vocabulary Think About It... EXERCISE 9-Increase Your Vocabulary One Word at a Time EXERCISE 10-Use New Academic Words EXERCISE 11-Build Your Own Professional Dictionary/Glossary Chapter Four: Polish the Grammar Think About It... EXERCISE 12-Learn From the Masters EXERCISE 13-Identify Patterns of Problems EXERCISE 14-Practice Grammar Rules EXERCISE 15-Copy Chapter Five: Get Feedback Think About It... EXERCISE 16-Get Feedback on Early Drafts EXERCISE 17-Get Feedback on Middle Drafts EXERCISE 18-Get Feedback on Final Drafts EXERCISE 19-Get Feedback Regularly EXERCISE 20-Schedule Reading Appointments Chapter Six: Edit and Proofread Think About It... EXERCISE 21-Tighten the Paragraphs EXERCISE 22-Make It Flow: Organize EXERCISE 23-Clear Out the Clutter EXERCISE 24-Use a Thesaurus and a Reverse Dictionary EXERCISE 25-Pay Attention to Word Placement EXERCISE 26-Cut It in Half EXERCISE 27-Read Aloud EXERCISE 28-Copyedit: Proofread Line by Line Part II: Practice Writing Sections of Journal Articles, Research Reports, and Grant Chapter Seven: Exercises for Writing Introductions, Purpose Statements, or Specific Aims Sections Think About It... EXERCISE 29-Map EXERCISE 30-Dump EXERCISE 31-Craft the Purpose Statement EXERCISE 32-Develop the Rationale EXERCISE 33-Present the Literature Review EXERCISE 34-Lay Out the Theoretical Framework EXERCISE 35-Check It Chapter Eight: Exercises for Writing the Methods Section Think About It... EXERCISE 36-Practice Describing EXERCISE 37-Describe the Research Design EXERCISE 38-Describe the Sample EXERCISE 39-Describe the Measures EXERCISE 40-Describe Data Collection and Data Management Procedures EXERCISE 41-Describe the Data Analysis Chapter Nine: Exercises for Writing the Results/Findings Section Think About It... EXERCISE 42-Picture the Findings EXERCISE 43-Describe the Most Important Findings EXERCISE 44-Summarize the Least Important Findings Chapter Ten: Exercises for Writing the Discussion or Conclusion Section Think About It... EXERCISE 45-Question the Results/Findings EXERCISE 46-Connect the Dots: Other Research EXERCISE 47-Connect the Dots: Relevant Theory EXERCISE 48-Guide Your Reader Into the Future EXERCISE 49-Confess Limitations Chapter Eleven: Exercise for Writing Abstracts Think About It... EXERCISE 50-Write an Abstract in 20 Minutes.
  • (source: Nielsen Book Data)9781483376257 20160815
Becoming an Academic Writer: 50 Exercises for Paced, Productive, and Powerful Writing Second Edition is designed as a practical self-paced guide to help the reader learn to write and master the specifics of academic writing. Author Patricia Goodson provides 50 exercises that are grounded in a theoretically sound and empirically based model. The organization allows you to start at the beginning and work your way through all of the exercises, or focus on exercises that will help you build your skills where you most feel the need. Tips for the ESL writer are included in a number of chapters. In addition, the 2nd edition includes a new and valuable addition in Appendix A - "Reading and Writing-- How to STOP making the Literature Review an Excuse for Not writing, In this appendix, the author covers how to read and write simultaneously, and provides a system of how to do that. Also new are the POWER in Practice Boxes that are featured in every chapter. These boxes are very aligned with the content of the chapter. In contrast, the "Research Shows" boxes allow the reader to take a brief break from the main topic and learn about research and various other facets of academic writing.
(source: Nielsen Book Data)9781483376257 20160815
Law Library (Crown)
Book
xix, 384 pages : illustrations ; 25 cm
  • Corporate becoming and strategic leadership
  • HP's history of becoming, 1939-2016 : an integral process overview
  • Bill Hewlett and Dave Packard build a great test and measurement instruments company
  • John Young doubles down on computing
  • Lew Platt pivots HP toward commodity business
  • Carly Fiorina drives HP toward scale and scope
  • Mark Hurd relentlessly manages for results
  • Léo Apotheker intends to revolutionize HP
  • Meg Whitman resolves strategic integration challenges, from better together to splitting HP in two
  • Corporate becoming : why strategic leadership matters.
Bill Hewlett and Dave Packard invented the model of the Silicon Valley start-up and set in motion a process of corporate becoming that made it possible for HP to transform itself six times over the 77 years since its founding in the face of sweeping technological changes that felled most of its competitors over the years. Today, HP is in the throes of a seventh transformation to secure its continued survival by splitting in two independent companies: HP Inc. and Hewlett Packard Enterprise. Based on extensive primary research conducted over more than 15 years, this book documents the differential contribution of HP's successive CEOs in sustaining the company's integral process of becoming. It uses a comprehensive strategic leadership framework to examine and explain the role of the CEO: (1) defining and executing the key tasks of strategic leadership, and (2) developing four key elements of the company's strategic leadership capability. The study of the strategic leadership of HP's successive CEOs revealed the paradox of corporate becoming, the existential situation facing successive CEOs (that justifies the book's empathic approach), and the importance of the CEO's ability to harness the company's past while also driving its future. Building on these novel insights, the book shows how the frameworks used to conceptualize the tasks of strategic leadership and the development of strategic leadership capability can serve as steps toward a dynamic theory of strategic leadership that animates an evolutionary framework of corporate becoming. This framework will be helpful for further theory development about strategic leadership and also offers practical tools for founders of new companies and CEOs and boards of directors of existing companies who intend to create, run or oversee companies built for continued relevance, longevity and greatness.
(source: Nielsen Book Data)9780190640446 20170206
Law Library (Crown)
Book
xiii, 178 pages : illustrations ; 21 cm
  • Four million families
  • Grounds for exclusion : the U.S. immigration system
  • The family petition
  • The punishment
  • Extreme hardship
  • Life after legal status
  • Documented and deplorable.
"[This book] follows mixed status couples down the long and bumpy road of immigration processing. It explores how they navigate every step along the way, from the decision to undertake legalization, to the immigration interview in Ciudad Juárez, Mexico, to the effort to put together a case of "extreme hardship" so that the undocumented family member can return. Author Ruth Gomberg-Muñoz also discusses families' efforts to rebuild their lives in the aftermath of immigration processing--both for those who are successful and those who are not."-- Back cover.
Law Library (Crown)
Law Library (Crown)
Law Library (Crown)
Book
pages cm
  • Introduction
  • The art of making people think, and industries mad
  • Destroying art to preserve political privilege
  • Paying the price for free speech
  • Science fails to mind its own business
  • Reloaded and fired again
  • Silencing dissent in coal country
  • Corporate coercion and public courage
  • A picture is worth a thousand words, or a million bucks
  • Give us liberty or give us oil
  • Where the skies are smoggy all day
  • The calculated absence of evidence
  • The death of free speech: finding the killer
  • For sale: free speech
  • Epilogue.
Law Library (Crown)
Book
290 pages ; 24 cm.
  • Introduction
  • A new benevolent empire?
  • Refugees in the shadow of the New Deal
  • Recruiting philanthropies for battle
  • Benevolent or fair superpower?
  • State of voluntarism for Hungarians?
  • Freedom fighters on the American home front
  • Revolutions in Cuba and refugee welfare
  • Epilogue.
Stephen Porter's Benevolent Empire examines political-refugee aid initiatives and related humanitarian endeavors led by American people and institutions from World War I through the Cold War, opening an important window onto the "short American century." Chronicling both international relief efforts and domestic resettlement programs aimed at dispossessed people from Europe, Latin America, and East Asia, Porter asks how, why, and with what effects American actors took responsibility for millions of victims of war, persecution, and political upheaval during these decades. Diverse forces within the American state and civil society directed these endeavors through public-private governing arrangements, a dynamic yielding both benefits and liabilities. Motivated by a variety of geopolitical, ethical, and cultural reasons, these advocates for humanitarian action typically shared a desire to portray the United States, to the American people and international audiences, as an exceptional, benevolent world power whose objects of concern might potentially include any vulnerable people across the globe. And though reality almost always fell short of that idealized vision, Porter argues that this omnivorous philanthropic energy helped propel and steer the ascendance of the United States to its position of elite global power. The messaging and administration of refugee aid initiatives informed key dimensions of American and international history during this period, including U.S. foreign relations, international humanitarianism and human rights, global migration and citizenship, and American political development and social relations at home. Benevolent Empire is thus simultaneously a history of the United States and the world beyond.
(source: Nielsen Book Data)9780812248562 20161219
Law Library (Crown)

51. BEYOND MARRIAGE [2017 ... ]

Law Library (Crown)
Book
vii, 367 pages : illustrations ; 29 cm
  • Bicycle types and bicycle anatomy / Jeffrey Broker and Sean Langlais
  • Bicycle set up / Jeffrey Broker
  • Bicycle operating characteristics / Jeffrey Broker
  • The cycling setting and cyclist behaviors / Jeffrey Broker and Sean Langlais
  • Principles of bicycle accident analysis / Jeffrey Broker
  • Pitch-over cycling accidents / Jeffrey Broker
  • Crash tests involving bicycles and motor vehicles / Jerry Eubanks, Jeff Broker, and Rusty Haight
  • Cycling injuries: biomechanics, frequency, and form / Jeffrey Broker
  • Cycling Helmets and Their Role In Preventing Injuries / Sean Langlais & Jeffrey P. Broker
  • Visual behavior as related to bicycle riders / Bernard S. Abrams and Leslie Weintraub
  • Safety standards and regulations in the bicycle industry / David A. Mitchell
  • Bicycle materials and failure mechanisms / David A. Mitchell
  • Cyclist’s rights and duties / Paul F. Hill and Megan M. Hottman
  • Intersection accidents / Paul F. Hill and Megan M. Hottman
  • Cyclist in collision with bicycle or pedestrian / Paul F. Hill and Megan M. Hottman
  • Accidents caused by dogs / Paul F. Hill and Megan M. Hottman
  • Accidents caused by defects in street, highway, sidewalk, path, private property, or recreational land / Paul F. Hill and Megan M. Hottman
  • Products liability / Paul F. Hill and Megan M. Hottman
  • Insurance considerations / Paul F. Hill and Megan M. Hottman
  • Signed releases of liability (waivers) / Paul F. Hill and Megan M. Hottman
  • The Uniform Vehicle Code and state bicycle statutes / Paul F. Hill and Megan M. Hottman
  • Other interesting cycling-law topics / Megan M. Hottman
  • Regulatory standards / Ross D. Petty.
Law Library (Crown)
Law Library (Crown)
Book
xiv, 207 pages ; 24 cm.
  • Islam and pluralism
  • Rawls and the challenge of faith
  • Faith and freedom in Indonesian law
  • MUI : the institutionalising of Indonesian islam
  • Case study part 1: The language of devotion
  • Case study part 2: Innovation on trial
  • Islam, public reason and the state.
This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world's largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country's liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world's largest Muslim nation. A key objective is to test the argument that Rawls' thinking about public reason cannot apply to the case of Indonesia, and Muslim states more broadly. The book therefore contributes to emerging scholarship that considers Rawls in a Muslim context. In addition to examining public reason in detail and considering critiques of the concept, the work highlights the fact that the theory was created to deal with value pluralism and is therefore relevant in any religious setting, including an Islamic one. In doing so, it emphasises that Islam is multifaceted and demonstrates the difficulties, and negative consequences, of integrating faith and law in a liberal state.
(source: Nielsen Book Data)9781138694675 20170220
Law Library (Crown)
Book
xx, 461 pages ; 25 cm.
  • Setting the scene : refugees, asylum seekers, and migrants at sea : the need for a long-term, protection-centred vision / Guy S. Goodwin-Gill
  • A maritime security framework for the legal dimensions of irregular migration by sea / Natalie Klein
  • The perfect storm: sovereignty games and the law and politics of boat migration / Thomas Gammeltoft-Hansen
  • Who is the 'boat migrant'? challenging the anonymity of death by border-sea / Tamara Last
  • The migrant smuggling protocol and the need for a multi-faceted approach : inter-sectionality and multi-actor cooperation / Jean-Pierre Gauci and Patricia Mallia
  • Boat migrants as the victims of human trafficking : exploring key obligations through a human-rights based approach / Tom Obokata
  • Transnational crime and the rule of law at sea: responses to maritime migration and piracy compared / Douglas Guilfoyle
  • Interception of migrant boats at sea / Jasmine Coppens
  • The duty to assist persons in distress : an alternative source of protection against the return of migrants and asylum seekers to the high seas? / Lisa-Marie Komp
  • Access to asylum at sea? non-refoulement and a comprehensive approach to extraterritorial human rights obligations / Mariagiulia Giuffre
  • Responses to 'boat migration': a global perspective
  • US practices / Niels Frenzen
  • The (un-)sustainability of Australia's offshore processing and settlement policy / Claire Higgins
  • Leave and let die : the EU banopticon approach to migrants at sea / Marie-Laure Basilien-Gainche
  • Into Africa : 'boat people' in Sub-Saharan Africa / Cristiano D'Orsi, Sergio Carciotto, and Corey R. Johnson
  • The EU external borders policy and frontex-coordinated operations at sea : who is in charge? reflections on responsibility for wrongful acts / Maite Fernandez
  • An examination of the comprehensive plan of action as a response to mass influx of 'boat people' : lessons learnt for a comprehensive approach to migration by sea / Meltem Ineli-Ciger
  • Conclusion : closing remarks : the present and future of 'boat refugees' and migrants at sea / Anja Klug.
This book aims to address 'boat migration' with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of 'migrants at sea' thoroughly.
Law Library (Crown)
Book
xii, 256 pages : illustrations ; 24 cm.
  • Introduction
  • Apartheid victimhood before the courts
  • Reparation, representation, and class actions
  • Embodied memory and the social
  • The formation of the political
  • Emancipation from victimhood
  • Ethnographic experience and anthropological knowledge
  • Conclusion: The embodiment of experiences of violence as seeds of new forms of sociality.
Bodies of Truth offers an intimate account of how apartheid victims deal with the long-term effects of violence, focusing on the intertwined themes of embodiment, injury, victimhood, and memory. In 2002, victims of apartheid-era violence filed suit against multinational corporations, accusing them of aiding and abetting the security forces of the apartheid regime. While the litigation made its way through the U.S. courts, thousands of victims of gross human rights violations have had to cope with painful memories of violence. They have also confronted an official discourse claiming that the Truth and Reconciliation Commission of the 1990s sufficiently addressed past injuries. This book shows victims' attempts to emancipate from their experiences by participating in legal actions, but also by creating new forms of sociality among themselves and in relation to broader South African society.Rita Kesselring's ethnography draws on long-term research with members of the victim support group Khulumani and critical analysis of legal proceedings related to apartheid-era injury. Using juridical intervention as an entry point into the question of subjectivity, Kesselring asks how victimhood is experienced in the everyday for the women and men living on the periphery of Cape Town and in other parts of the country. She argues that the everyday practices of the survivors must be taken up by the state and broader society to allow for inclusive social change in a post-conflict setting.
(source: Nielsen Book Data)9780804799782 20161024
Law Library (Crown)

57. A body in the house [2017]

Book
177 pages ; 21 cm.
"Lawyer Frank May is, as always, reluctant to get involved in murder cases. But when his young client, Margot, comes back from a vacation with her husband and finds the dead body of a woman in their house, Frank is drawn in despite himself. Who was this woman? And when another murder occurs—this time on the campus of Stanford University—you have to wonder: Are the two deaths connected? And does a quirky Hungarian violinist have something to do with the case? Baffling questions, to be sure. But in the end, Frank finds the surprising key that unlocks the mystery"-- Publisher's website.
Law Library (Crown)
Book
89 pages ; 24 cm.
  • Introduction
  • Monstrous negotiations
  • Monstrous citizenships
  • Citizens and their monstrous families
  • Monstrous fears
  • Conclusions.
Law Library (Crown)
Book
xxi, 218 pages ; 24 cm
  • Introduction: writing a mosaic
  • A note on reading this book: thinking about trigger warnings
  • Brilliant imperfection: white pines
  • Ideology of cure
  • Birth
  • Prayers, crystals, vitamins
  • Beliefs about disability
  • Overcoming disability
  • Hope in motion
  • Rebelling against cure
  • The restoration of health
  • Walking in the prairie
  • Brilliant imperfection: twitches and tremors
  • Violence of cure
  • Defect
  • At the center of cure lies eradication
  • Personhood is a weapon
  • Great turmoil
  • Brilliant imperfection: maples
  • In tandem with cure
  • Cerebral palsy
  • Reading diagnosis
  • Disorder
  • Antibiotics and acupuncture
  • The price of diagnosis
  • Useful, but to whom?
  • Brilliant imperfection: stone
  • Nuances of cure
  • Wishing you less pain
  • Wanting cure
  • Birthmark
  • Cautionary tale
  • Body-mind yearning
  • Yearning for the peeper pond
  • Jostling my anti-cure politics
  • Your suicide haunts me
  • Brilliant imperfection: shells
  • Structure of cure
  • The medical-industrial complex
  • A far-reaching network
  • Troubled and troubling body-minds
  • Variations on cure
  • Skin lighteners and hot springs
  • Brilliant imperfection: hermit crabs
  • How cure works
  • Cure just around the corner
  • Charity events
  • Shifting technologies
  • A pharmaceutical history of eflornithine
  • Brilliant imperfection: rolling
  • At the center of cure
  • Carrie Buck I: yearning
  • Carrie Buck II: torrent of history
  • Carrie Buck III: feebleminded
  • Lives reduced to case files
  • Living with monkey
  • Schizophrenia
  • Brilliant imperfection: Myrtle
  • Moving through cure
  • Choosing disability
  • Airports and cornfields
  • Interdependence
  • Wanting a flat chest
  • Gender identity disorder
  • Claiming ourselves
  • Brilliant imperfection: drag queen
  • Impacts of cure
  • Endless questions
  • Ashley's father
  • Resisting intelligence
  • Feeling broken
  • Being fixed
  • Shame and pride
  • Brilliant imperfection: survival notes
  • Promise of cure
  • Normal and natural
  • Finding wholeness
  • Gender transition
  • Bullied
  • A maze of contradictions
  • Mama, what will you swear?
  • Walking in the prairie again
  • Brilliant imperfection: cycling.
Law Library (Crown)
Book
v, 152 pages ; 25 cm.
  • The revised lis pendens rules in the Brussels Ibis regulation / Christian Heinze and Björn Steinrötter
  • The party autonomy paradigm : European and global developments on choice of forum / Xandra Kramer and Erlis Themeli
  • Procedural position of a 'weaker party' in the regulation Brussels Ibis / Vesna Lazić
  • The enforcement of monetary final judgments under the Brussels Ibis regulation (a critical assessment) / Marta Requejo Isidro
  • Provisional and protective measures in the European civil procedure of the Brussels I system / Ilaria Pretelli
  • Brussels Ibis in relation to other instruments on the global level / Vesna Lazić and Steven Stuij, editors.
Law Library (Crown)
Book
p. cm.
Law Library (Crown)
Book
xvii, 201 pages ; 25 cm.
  • An anthropological approach to studying asylum law and practice
  • The evolution of the British asylum system
  • The work of the British Home Office and UK border agency
  • Taking and making refugee claims : the work of immigration case workers, interpeters, and barristers
  • The immigration and asylum tribunal and the work of immigration judges
  • Asylum appeals : the architecture of justice and the court of appeal
  • The kafkaesque experience of asylum seekers
  • Interest groups, asylum policy, and home office intransigence
  • Conclusion and postscript.
Law Library (Crown)
Book
xix, 152 pages ; 24 cm.
  • List of figures-- Preface-- Foreword-- Acknowledgements-- 1. Introduction-- 2. The new Acholi-- 3. The originals-- 4. Grandmother-- 5. Seven stories-- 6. Conclusions-- Light Juliane Okot Bitek-- Index.
  • (source: Nielsen Book Data)9781107137127 20170220
In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime.
(source: Nielsen Book Data)9781107137127 20170220
Law Library (Crown)
Book
ix, 313 pages ; 24 cm.
  • The Atlantic slave trade : a "business and human rights" reading
  • International labour law : early development and contemporary significance for the field of business and human rights
  • Doing business with the Nazis : the criminal prosecution of German industrialists after the Second World War
  • Business, international human rights law and international criminal law : shifting boundaries
  • Human rights and international economic law : connecting the dots
  • International soft law initiatives on business and human rights
  • Private regulation in business and human rights
  • Shaping law and public policies to address corporate human rights impact
  • Business and human rights litigation before domestic courts : progress and remaining obstacles
  • The future of business and human rights.
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business - companies and businesspeople - in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies' home countries, can be used to prevent and redress corporate related human rights violations.
(source: Nielsen Book Data)9781138649026 20170220
Law Library (Crown)

65. BUTTERFLY POLITICS [2017 ... ]

Law Library (Crown)
Law Library (Crown)
Book
ix, 256 pages ; 24 cm.
  • An introductory overview
  • Legal pluralism, multiculturalism, and the state
  • Legal pluralism in Ecuador
  • The parish of Zumbahua : cohesion and conflict
  • Conflicts, authorities, and procedures
  • Interlegality at the teniente politico's office
  • Trouble in Tigua
  • The La Cocha-Guantópolo murder case
  • Conclusion.
Law Library (Crown)

68. CHANGING HOW AMERICA VOTES [2017 ... ]

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Book
xxi, 267 pages : illustrations ; 25 cm.
  • The 3Ps of Judith Ennew : person, philosophy and pragmatism / Brian Milne
  • The greatest violation of children's rights is that we do not know enough about their lives or care enough to find out / Per Miljeteig and Judith Ennew
  • Thinking about street children and orphans in Africa : beyond survival / Michael Bourdillon
  • Working children in an increasingly hostile world / Nandana Reddy
  • Children without childhood? : against the postcolonial capture of childhoods in the global South / Manfred Liebel
  • Children out of place and their unwritten rights / Alejandro Cussiánovich
  • Other children, other youth : against Eurocentrism in childhood and youth research / Manfred Liebel and Rebecca Budde
  • Understanding children's sexual exploitation and protecting human rights / Antonella Invernizzi
  • Children's rights to participation : 'out of place' or 'in context'? / Anne Trine Kjørholt
  • Judith Ennew and the Knowing Children Project / Henk Beers, Jasmin Lim, and Roxana Waterson
  • Children, spirituality, human rights and spiritual abuse / Glenn Miles and Paul Stephenson
  • The methodology and ethics of rights-based research with children / Sharon Bessell, Harriot Beazley, and Roxana Waterson
  • Unfinished, with so much left to do, Judith Ennew's legacy / Rebecca Budde, Antonella Invernizzi, Manfred Liebel, and Brian Milne.
"This volume brings together tributes to Judith Ennew's work and approach based on issues related to children she once referred to as 'out of place', that is to say children whose living conditions and ways of life appear far removed from Western images of childhood. It includes contributions on working children, children living on the street, orphans and victims of sexual exploitation. It covers developments and concepts used by Judith Ennew with an emphasis on perspectives of children's human rights, their participation, cultural sensitivity, research methodology, methods, ethics, monitoring, policy making and programming. In so doing, it brings together material that form a holistic view of not only her way of thinking, but of a policy and programming agenda developed by a number of researchers, academics and activists since the adoption of the UN Convention on the Rights of the Child."-- Publisher's website.
Law Library (Crown)
Book
lxi, 840 pages ; 26 cm.
  • Introduction to insurance and China's insurance industry
  • Chinese legal system and the insurance law
  • The regulation of insurance
  • Formation of an insurance contract
  • Terms of insurance contracts and construction
  • Premiums
  • Insurable interest
  • The insured's Duty of disclosure and representation
  • The Insurer's pre-contractual duty of good faith
  • Increase of risk during the isnurance period
  • Double insurance and contribution
  • Causation
  • Risk prevention and loss mitigation
  • The making of a claim
  • Settlement of claims
  • Fraudulent claims.
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x, 195 pages ; 24 cm
  • The Church of England and divorce reform, 1900-1914
  • The interwar years : church and state diverge
  • Till death them do part : the church and divorce, 1945-1960
  • Putting asunder : the church and divorce reform in the 1960s
  • Remarriage in church after divorce : in pursuit of consensus
  • Remarriage in church after divorce : each case is different.
Attitudes towards divorce have changed considerably over the past two centuries. As society has moved away from a Biblical definition of marriage as an indissoluble union, to that of an individual and personal relationship, secular laws have evolved as well. Using unpublished sources and previously inaccessible private collections, Holmes explores the significant role the Church of England has played in these changes, as well as the impact this has had on ecclesiastical policies. This timely study will be relevant to ongoing debates about the meaning and nature of marriage, including the theological doctrines and ecclesiastical policies underlying current debates on same-sex marriage.
(source: Nielsen Book Data)9781848936171 20170213
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x, 408 pages ; 25 cm.
  • Immigrant integration as a historic challenge
  • Immigrant integration and civic citizenship
  • Immigration facts and immigration governance in the case studies
  • Common rules and non-discrimination
  • Employment and occupation
  • Researchers and students
  • Family life
  • Permanent residence permits
  • The (legal) value of integration measures
  • Conclusions : immigrant integration and civic citizenship.
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Book
xxvi, 450 pages : illustrations ; 24 cm
  • Introduction / Michael Faure, Niels Philipsen and Hui Wang
  • Offshore-related damage : facts and figures / Kristel de Smedt and Hui Wang
  • Analysis of esisting legal regimes / Michael Faure, Jing Liu and Hui Wang
  • pooling mechanisms for offshore liability / Michael Faure and Jing Liu
  • The use of financial market instruments to cover liability following a major offshore accident / Michael Faure and Hui Wang
  • Potential of financial and insurance instruments to cover liability following a major offshore accident / Michael Faure and Hui Wang
  • Toward optimal liability and compensation for offshore oil and gas activities / Kristel de Smedt, Hui Wang and Michael Faure
  • Concluding remarks / Michael Faure, Niels Philipsen and Hui Wang.
Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.
(source: Nielsen Book Data)9781107167162 20161213
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x, 349 pages ; 20 cm
  • Introduction : confronting civil war
  • Part I: Roads from Rome
  • Inventing civil war : the Roman tradition
  • Remembering civil war : Roman visions
  • Part II: Early modern crossroads
  • Uncivil civil wars : the seventeenth century
  • Civil war in an age of revolutions : the eighteenth century
  • Partt III: Paths to the present
  • Civilizing civil war : the nineteenth century
  • Worlds of civil war : the twentieth century
  • Conclusion : civil wars of words.
"A highly original history, tracing civil war, the least understood and most intractable form of organized human aggression, from Ancient Rome through the centuries to present day"-- Provided by publisher.
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Book
xii, 274 pages : illustrations ; 24 cm
  • AcknowledgmentsIntroduction1. The Wizard of Ed2. Rupert and the Chancellor: A Tragic Love Story3. Curious George Schools: John Paulson4. Michael Milken: Master of the Knowledge Universe5. What Makes a Good Education Business?6. Lessons from Clown SchoolNotesIndex.
  • (source: Nielsen Book Data)9780231179287 20170117
The past thirty years have seen dozens of otherwise successful investors try to improve education through the application of market principles. They have funneled billions of dollars into alternative schools, online education, and textbook publishing, and they have, with surprising regularity, lost their shirts. In Class Clowns, professor and investment banker Jonathan A. Knee dissects what drives investors' efforts to improve education and why they consistently fail. Knee takes readers inside four spectacular financial failures in education: Rupert Murdoch's billion-dollar effort to reshape elementary education through technology; the unhappy investors-including hedge fund titan John Paulson-who lost billions in textbook publisher Houghton Mifflin; the abandonment of Knowledge Universe, Michael Milken's twenty-year mission to revolutionize the global education industry; and a look at Chris Whittle, founder of EdisonLearning and a pioneer of large-scale transformational educational ventures, who continues to attract investment despite decades of financial and operational disappointment. Although deep belief in the curative powers of the market drove these initiatives, it was the investors' failure to appreciate market structure that doomed them. Knee asks: What makes a good education business? By contrasting rare successes, he finds a dozen broad lessons at the heart of these cautionary case studies. Class Clowns offers an important guide for public policy makers and guardrails for future investors, as well as an intelligent expos for activists and teachers frustrated with the repeated underperformance of these attempts to shake up education.
(source: Nielsen Book Data)9780231179287 20170117
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Law Library (Crown)
Book
x, 131 pages ; 24 cm.
  • Introduction
  • The role of federalism and polycentric governance of energy policy issues
  • Political dimensions of energy policy
  • Traditional and innovative financing policies
  • Buildings: codes, standards, and incentives
  • Regulatory policies: EERS, RPS, and a price on carbon
  • Smarter rates for electricity
  • Promoting green jobs and the green economy
  • International contrasts, comparisons, and partnerships
  • Conclusions.
Law Library (Crown)
Book
xviii, 480 pages ; 25 cm.
  • Introduction
  • International environmental law responsibility and its application to the issue of greenhouse gas emissions from international shipping
  • The UN response to the issue of greenhouse gas emissions from international shipping
  • The IMO response to the issue of greenhouse gas emissions from international shipping
  • Response from the shipping industry to the issue of greenhouse gas emissions from international shipping
  • Response from flag states and port states to the issue of greenhouse gas emissions from international shipping
  • The future development of legal and institutional frameworks to reduce greenhouse gas emissions from international shipping
  • Conclusion.
Law Library (Crown)
Book
xiv, 165 pages ; 24 cm.
  • Introduction : argument summary and chapter overview
  • Climate finance: concepts and institutions
  • Climate finance in legal scholarship
  • Legal obligations of states relating to climate finance
  • State performance of obligations on climate finance
  • The philosophy of the control of nature.
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Book
vii, 287 pages ; 22 cm
Law Library (Crown)
Book
xi, 262 pages ; 25 cm
  • Why do we have federal courts?
  • Suing the government : the king can do wrong
  • Suing government officers
  • An alleged constitutional violation always should be adjudicated
  • The great writ : how habeas corpus has been suspended
  • Opening federal courthouse doors
  • Enforcing the Constitution.
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court. The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question.
(source: Nielsen Book Data)9780300211580 20170206
Law Library (Crown)
Book
xiii, 259 pages ; 24 cm.
  • Compulsion and moral agency in Mu'tazilism
  • Coercion and moral agency in Ash'arism
  • Defining coercion in Hanafism
  • Defining coercion in Shafi'ism
  • Coerced speech act jurisprudence in Hanafism and Shafi'ism
  • Coerced Harm Jurisprudence in Hanafism and Shafi'ism
  • Conclusion.
"In 'Coercion and Responsibility in Islam', Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems."--Publsher's website
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Law Library (Crown)
The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.
Law Library (Crown)
Book
xxii, 208 pages ; 23 cm
  • Machine generated contents note: Preface
  • Note on Text
  • 1Getting In: The Politics of College in Prison
  • 2Landscapes: BPI and Mass Incarceration
  • 3Going to Class: Reading Crime and Punishment
  • 4The First Graduation: Figures of Speech
  • 5Replication and Conclusions: Why and How College in Prison
  • Index.
"The nationally renowned Bard Prison Initiative demonstrates how the liberal arts can alter the landscape inside prisons by expanding access to the transformative power of American higher education. American colleges and universities have made various efforts to provide prisoners with access to education. However, few of these outreach programs presume that incarcerated men and women can rise to the challenge of a truly rigorous college curriculum. The Bard Prison Initiative, however, is different. As this compelling new book reveals, BPI has fostered a remarkable transformation in the lives of thousands of prisoners.College in Prison chronicles how, since 2001, Bard College has provided a high-quality liberal arts education--with courses ranging from anthropology to Mandarin to advanced mathematics--to New York State prisoners who, upon release, have gone on to rewarding careers and elite graduate and professional programs. Yet this is more than just a story of exceptional individuals triumphing against the odds. It is a study in how institutions can be reimagined and reformed in order to give people from all walks of life a chance to enrich their minds and expand their opportunities.Drawing upon fifteen years of experience as a director of and teacher within the Bard Prison Initiative, Daniel Karpowitz tells the story of BPI's development from a small pilot project to a nationwide network. At the same time, he recounts the educational histories of individual students, tracking both their intellectual progress and the many obstacles they must face. Analyzing the transformative encounter between two characteristically American institutions--the undergraduate college and the modern penitentiary--he makes a powerful case for why liberal arts education is still vital to the future of democracy in the United States"-- Provided by publisher.
"This book tells the story of the Bard Prison Initiative--a unique example of academic excellence unfolding inside high-security prisons across New York. Through the Initiative, hundreds of incarcerated men and women go to Bard College full-time while still in prison, and thrive at the highest academic levels the college has to offer. This remarkable student body is demographically identical to the larger population of people in New York's prisons, and thus quite unlike those students who usually have access to, and succeed in, America's leading liberal arts colleges. Those who have graduated and left prison are thriving in for-private companies, leading service agencies, and completing further study at elite graduate schools for academia and the professions. The rigor and depth of what and how these students learn, and the careers they pursue once home, force us to rethink preconceptions about who is in prison, what American systems of punishment really mean, and the continued relevance of liberal learning"-- Provided by publisher.
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Book
xliii, 284 pages ; 24 cm.
  • Introduction
  • Commencement of proceedings
  • Responding to a claim
  • Service out of the jurisdiction
  • Parties and joinder
  • Ancillary claims
  • Default judgments
  • Summary judgment
  • Case management
  • Amendments to statements of case
  • Applications for court orders
  • Interim injunctions
  • Freezing (Mareva) injunctions and search
  • Disclosure and inspection of documents
  • Requests for further information
  • Security for costs
  • Offers to settle and payments into court
  • Interim payments
  • Striking out and discontinuance
  • Expert witnesses
  • Affidavits
  • Witness statements
  • Pre-trial review
  • Trial, judgments and orders
  • Costs
  • Enforcement of judgments
  • Appeals.
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p. cm.
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Book
xi, 254 pages ; 22 cm.
  • How we understand technological and social change
  • Metaphors and norms
  • The embodied law
  • Conceptions of copyright
  • Copies : a metaphoric expansion of copyright
  • Platform, storage or bulletin board? the Swedish Pirate bay court case
  • Between form and function in (intellectual) property
  • Conclusions: conceptions in the code.
Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.
(source: Nielsen Book Data)9780190650384 20170206
Law Library (Crown)
Book
xi, 245 pages ; 25 cm
  • Expectations attached to conciliation reconsidered / Jean-Pierre Cot
  • Conciliation within the framework of dispute settlement procedures : an East European perspective / Lauri Malksoo
  • Diplomatic and jurisdictional aspects in conciliation procedures : conciliation between dispute settlement and conflict prevention / Giuseppe Palmisano
  • Peaceful settlement of international disputes : about the essence and role of conciliation / Daniel Thurer
  • Prevention and resolution of conflicts in the OSCE and the role of the court of conciliation and arbitration / Riccardo Pisillo Mazzeschi
  • Conciliation within the framework of the OSCE court of conciliation and arbitration : an assessment from the viewpoint of legal policy / Christian Tomuschat
  • UNESCO mediation and conciliation procedure for promoting the return and restitution of cultural property / Edouard Planche
  • Elements of conciliation in dispute settlement procedures relating to international economic law / August Reinisch
  • The project for an international environmental court / Stuart Bruce
  • Conciliation under the UN Convention on the Law of the Sea / Rudiger Wolfrum
  • The Jan Mayen case (Iceland/Norway) / Ulf Linderfalk.
This volume collects the materials underlying the International Colloquium ?Conciliation in the Globalized World of Today?, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons. 0This volume therefore draws the attention of everyone dealing with conflict management to those advantages. It does not end by providing a summary of conclusions to be drawn from the examination of the rules governing the OSCE Court and the practice of the other institutions considered. The reader will have to find out her/himself what experiences have been made in other fields where conciliation has been institutionalized as a dispute-settlement procedure. In this regard, the present book constitutes a treasury of lessons that cannot easily be brought down to a common denominator.
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pages cm.
  • The currency of concurrent powers in federal systems / Nico Steytler
  • The meanings of concurrency / Anna Dziedzic and Cheryl Saunders
  • From dualistic autonomous concurrency to marbleised permissive concurrency in American federalism / John Kincaid
  • Concurrent powers as doors to legislative innovation, conditional powers as gates to the blind alley : some Swiss illustrations / Eva Maria Belser
  • What's wrong with concurrency? comparative reflections based on constitutional reforms in Germany and Italy / Francesco Palermo
  • Concurrent powers in Italy : the new state-centred approach and prospects for reform / Paolo Colasante
  • De facto concurrency in spain / Carles Viver Pi-Sunyer and Merce Corretja Torrens
  • Concurrent powers in the EU and their impact on the powers of member states / Stelio Mangiameli
  • Concurrency of powers in the Russian federation / Ivan Leksin and Viacheslav Seliverstov
  • Fiscal federalism and concurrence of taxing powers in Argentina : a historical perspective / Miguel Angel Asensio
  • Concurrent power and local interest in Brazil's federalism / Gilberto M.A. Rodrigues
  • Concurrent powers in South Africa / Jaap de Visser
  • Concurrent powers in the Ethiopian federal system / Assefa Fiseha and Zemelak Ayele
  • Concurrency in the 2010 Kenya constitution / Conrad M. Bosire
  • Concurrency of powers in deeply divided countries : the case of Yemen's draft constitution of 2015 / Nico Steytler
  • Concurrency of powers : the zebra in the room / Nico Steytler.
Concurrency of powers ? the exercise of jurisdiction by federal governments and constituent units in the same policy areas ? is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, ?Concurrent Powers in Federal Systems: Meaning, Making and Managing?, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.
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Book
viii, 299 pages ; 25 cm.
Law Library (Crown)
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xi, 507 pages ; 25 cm
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.
(source: Nielsen Book Data)9780199811380 20170206
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Book
xxxvii, 1694 pages ; 26 cm.
  • Introduction to the Constitution
  • The separation of the national powers
  • Federalism
  • The amendment process
  • The Bill of Rights
  • The reconstruction amendments.
This casebook emphasizes the text, structure, and history of the Constitution. It uses "great cases" for learning the major issues in constitutional law, and it gives less attention to small ripples of contemporary doctrine. It emphasizes the task of interpretation, including many examples of the interpretation of the Constitution by the political branches. And it includes features of our constitutional history that are neglected in many casebooks, such as slavery, the amendment process, and the early history of the freedom of speech. The third edition has many refinements. It also has more coverage of executive discretion, the taxing and spending powers, the Necessary and Proper Clause, incorporation, and the drafting of the Fourteenth Amendment. It is now suitable not only for a survey course, but also for a course focused on federalism, on the First Amendment, or on the Fourteenth Amendment.
(source: Nielsen Book Data)9781634599382 20161219
Law Library (Crown)
LAW-203-02
Book
xxii, 385 pages ; 24 cm.
  • Interpreting the Singapore Constitution / The Honourable Attorney-General VK Rajah, SC
  • Does the 'basic structure doctrine' apply in Singapore's Constitution? : an inquiry into some fundamental constitutional premises / Andrew J. Harding
  • Into the matrix : interpreting the Westminster model constitution / Kevin Y.L. Tan
  • Principled pragmatism and the 'third wave' of communitarian judicial review in Singapore / Thio Li-Ann
  • Uncovering orginalism and textualism in Singapore / Yap Po Jen
  • Rethinking the presumption of constitutionality / Jack Tsen-Ta Lee
  • Balancing act : the balancing metaphor as deference and dialogue in constitutional adjudication / Jaclyn L. Neo
  • The broader case for developing the content of fundamental rules of natural justice under Article 9 of the Constitution : a placeholder for proportionality-type adjudication? / Swati Jhaveri
  • Whither the autochthonous narrative of freedom of speech? : a guide to defaming politicians and scandalising judges in Singapore / David Tan
  • The interpretation of the Singapore Constitution : towards a unified approach to interpreting legal documents / Goh Yihan
  • Much ado about nothing? : the enigma of engagement of foreign constitutional law in Singapore / Eugene K.B. Tan
  • The continuing resistance to foreign law in constitutional adjudication in Singapore / Arun K. Thiruvengadam
  • Constitutional interpretation in an age of globalisation : challenges and prospects / Victor V. Ramaj
  • Is Singapore's Constitution best considered a legal constitution or a political constitution? / Michael W. Dowdle and Kevin Y.L. Tan.
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore's constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
(source: Nielsen Book Data)9781138914483 20170130
Law Library (Crown)
Book
xvi, 768 pages : illustrations ; 26 cm
  • Part I: The U.S. Constitution Chapter 1: Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making: Legalism Supreme Court Decision Making: Realism Conducting Research on the Supreme Court Part II: Institutional Authority Chapter 2: The Judiciary Establishment of the Federal Judiciary Judicial Review Constraints on Judicial Power: Article III Constraints on Judicial Power and the Separation of Powers System Chapter 3: The Legislature Article I: Historical Overview Congressional Authority over Internal Affairs: Institutional Independence and Integrity Legislative Powers: Sources and Scope Federal Legislature: Constitutional Interpretations Chapter 4: The Executive Article II: Basic Considerations The Faithful Execution of the Laws: Defining the Contours of Presidential Power Domestic Powers of the President The Role of the President in Foreign Policy Chapter 5: The Separation of Powers System in Action Debates over the Separation of Powers System Domestic Powers Powers over Foreign Affairs Part III: Nation-state Relations Chapter 6: Federalism The Doctrinal Cycle of Nation-State Relations The Eleventh Amendment and Sovereign Immunity New Judicial Federalism National Preemption of State Laws Chapter 7: The Commerce Power Foundations of the Commerce Power Attempts to Define the Commerce Power in the Wake of Industrial Revolution The Supreme Court and the New Deal The Era of Expansive Commerce Clause Jurisprudence Limits on the Commerce Power: The Republican Court Era Commerce Power of the States Chapter 8: The Power to Tax and Spend The Constitutional Power to Tax and Spend Direct Taxes and the Power to Tax Income Taxation of Exports Intergovernmental Tax Immunity Taxation as a Regulatory Power Taxing and Spending for the General Welfare Restrictions on the Revenue Powers of the States Part IV: Economic Liberties Chapter 9: The Contract Clause The Framers and the Contract Clause John Marshall and the Contract Clause Decline of the Contract Clause: From the Taney Court to the New Deal Modern Applications of the Contract Clause Chapter 10: Economic Substantive Due Process Development of Substantive Due Process The Roller-Coaster Ride of Substantive Due Process: 1898-1923 The Heyday of Substantive Due Process: 1923-1936 The Depression, the New Deal, and the Decline of Economic Substantive Due Process Substantive Due Process: Contemporary Relevance Chapter 11: The Takings Clause Protecting Private Property from Government Seizure What Is a Taking? What Constitutes a Public Use?
  • (source: Nielsen Book Data)9781483384054 20160830
This book draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, Epstein and Walker streamline material while accounting for recent landmark cases and new scholarship. The new edition continues well-loved features such as clear delineation between commentary and opinion excerpts, a "Facts" and "Arguments" section before every case, a superb photo program, "Aftermath" and "Global Perspective" boxes, and a wealth of tables, figures, and maps.
(source: Nielsen Book Data)9781483384054 20160830
Law Library (Crown)
Book
lxxv, 746 pages ; 19 cm.
  • Introduction: Constitutional principles
  • Judicial review and its limits
  • National legislative powers
  • State power in American federalism
  • Congress and the executive power
  • Due process of law
  • Equal protection
  • Freedom of expression
  • Freedom of religion
  • State action
  • Congressional legislation in aid of civil rights and liberties.
This 9th edition of Constitutional Law in a Nutshell summarizes constitutional law from Marbury v. Madison (1803) to the present. This edition features some new and controversial cases. A new and famous example is Obergefell v. Hodges (2015) which held, per Justice Kennedy, 5-4, that under both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment "same sex couples may exercise the fundamental right to marry in all States." In Fisher v University of Texas (2016) the Court held, 4-3, per Justice Kennedy, that the much litigated, race-conscious admissions program of the University of Texas was valid under the Equal Protection Clause. In the area of "a woman's right to decide to have an abortion, " the Court in Whole Women's Health v. Hellerstedt (2016) upheld, 5-2, the use of rigorous undue burden standard as the measure of the abortion right. The Court ruled that two provisions of a Texas law targeting the state's abortion clinics were unconstitutional under the Fourteenth Amendment. The First Amendment, as always, continues to generate new and important decisions. Thus, Reed v. Gilbert (2015) held that a town sign ordinance violated the First Amendment. The court indicated that any speech regulation directed to a specific subject matter should be evaluated under the strict scrutiny standard. The decision leaves open a question as to whether this ruling is intended to be applied to previously less protected categories of expression. This edition, of course, contains numerous other important decisions. The objective is to summarize the essence of the Court decisions and to do so in a concise and understandable way.
(source: Nielsen Book Data)9781634596237 20170123
Law Library (Crown)
Book
xxiv, 249 pages ; 25 cm
  • Government accountability in the nineteenth century
  • Bivens and government accountability in the twentieth century
  • Human rights and War on Terror litigation
  • Evaluating the effectiveness of Bivens litigation
  • Evaluating justifications for judicial silence
  • Congressional ratification of the bivens action
  • Evaluating justifications for judicial silence
  • Congressional ratification of the Bivens action
  • Applying Bivens to conduct overseas
  • Overcoming qualified immunity
  • Common law solutions to judge-made problems.
"[This book] examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy."-- Provided by publisher.
Law Library (Crown)
Book
xxiv, 188 pages ; 26 cm
  • Definition, taxonomy and origin of sunset clauses
  • Sunset clauses as an expression of legislative power in medieval England
  • Sunset clauses in a period of transition
  • Sunset clauses in the era of parliamentary sovereignty
  • Sunset clauses and seperation of powers
  • Parliamentary sovereignty, constitutional dialogues and sunset clauses
  • Sunset clauses and formal rule of law
  • Sunset clauses and substantive rule of law.
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
(source: Nielsen Book Data)9781472486448 20170206
Law Library (Crown)
Book
xl, 266 pages ; 24 cm
  • Seeking constitutional settlement in Myanmar / Janelle Saffin
  • Rule of law concepts in Burma's constitutions and actual practice : no ground for optimism / Myint Zan
  • A second Panglong Agreement : Burmese federalism for the twenty-first century / David C. Williams
  • Irresistible forces and immovable objects : constitutional change in Myanmar / Andrew Harding
  • The 2008 Constitution : the evolution of leadership / Priscilla Clapp
  • Contesting the rules : Myanmar's 2015 election and electoral integrity / Bridget Welsh
  • Achieving "genuine federalism"? : Myanmar's inexorable path towards constitutional devolution and decentralised governance / Marcus Brand
  • The everyday emergency : between the Constitution and the Code of Criminal Procedure in Myanmar / Melissa Crouch
  • How the Constitutional Tribunal's jurisprudence sparked a crisis / Dominic Jerry Nardi, Jr.
  • Judicial power and the Constitutional Tribunal : some suggestions for better legislation relating to the Tribunal and its role / Khin Khin Oo
  • Human rights under the new regime / Catherine Renshaw
  • The legal profession and the substantive rule of law in Myanmar / Janelle Saffin and Nathan Willis
  • Editorial note : the debate concerning Section 59(f) of Myanmar's 2008 Constitution : a Gordian knot of rule of law, democracy and the application of problematical constitutional provisions / Andrew Harding.
Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016, now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
(source: Nielsen Book Data)9781849467902 20170213
Law Library (Crown)
Book
xxx, 620 pages ; 19 cm.
  • Introduction
  • Contracts formation
  • Statute of frauds
  • Contract interpretation
  • Defenses
  • Events that excuse performance
  • Contract modification
  • Performance
  • Remedies
  • Restitution (unjust enrichment)
  • Third party beneficiaries
  • Assignment of rights and delegation of duties
  • Discharge
  • Contracts questions
  • A framework for review.
This nutshell provides a comprehensive guide to the law of contracts. It contains expert explanations of contract concepts under both the common law and Article 2 of the Uniform Commercial Code. It also includes the basics of the Law of Restitution and an introduction to digital contracting.
(source: Nielsen Book Data)9781634599146 20161213
Law Library (Crown)