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Book
viii, 288 pages ; 25 cm.
Law Library (Crown)
Book
x, 237 pages ; 25 cm.
  • Introduction: the contours of a field of critical indigenous rights studies / Giselle corradi, Koen de Feyter, Ellen Desmet, and Katrijn Vanhees
  • Indigeneity vs development : nubian rights mobilisation in Egypt / Maja Janmyr
  • Politics of oneness and TWA's struggle for land : questioning identity discourses in Rwanda / Katrijn Vanhees
  • The impact of migration processes on indigenous peoples' rights : challenges for identity and culture / Asier Martínez de Bringas
  • A dual perspective on the right to enjoy the benefits of scientific progress / Fons Coomans
  • Protecting traditional cultural expressions, copyright tensions, and human rights opportunities? / Kelly Breemen
  • Indigenous people involvement in the REDD+ global debate : case study from the Amazon basin / Liliana Lozano
  • The rights of indigenous peoples in the jurisprudence of the Inter-American Court of Human Rights : a third world approaches to international law assessment to advance their protection in the Inter-American human rights system / Salvador Herencia Carrasco
  • The 2005 draft Nordic Sámi Convention and the implementation of the right of the Sámi people to self-determination / Dorothée Cambou
  • Legislation coordination and cooperation mechanisms between indigenous and ordinary jurisdictions : reflections on progress and setbacks in Ecuador / Lieselotte Viaene and Guillermo Fernández-Maldonado.
Law Library (Crown)
Book
xxiii, 218 pages ; 25 cm.
  • Theoretical framework / Clíona de Bhailís
  • Project methodology & background / Eilionóir Flynn
  • Introduction to criminal responsibility / Anna arstein-kerslake
  • Going to pot : Nick's journey through the criminal justice system / Nicholas Clarke, Chloe Hocking, and Nell Munro
  • Questions of criminal culpability and persons with disabilities / Amita Dhanda and Gabor Gombos
  • Conclusion : criminal responsibility / Anna Arstein-Kerslake
  • Introduction to contractual capacity / Clíona de Bhailís
  • I have the strength to speak up for myself : Nikona nguvu ya kujiongelelea / Joy Rehema and Emer O'Shea
  • Silenced, alone, powerless : my life as a ward of court in Ireland / Claire Hendrick and Donna MC Namara
  • "The law is very complicated" / Dermot Lowndes and Jan Strnad
  • Travel and dementia : one story, many rights / Helen Rochford Brennan and Moira Jenkins
  • Consumer law, contracts & support : I had one dream to buy a simple smartphone / Marieta Petrova and Aylin Yumerova
  • From institutional life to home ownership : a personal story demonstrating the power of support to enable the exercise of legal capacity / Paul Alford and Michelle Browning
  • Conclusion : contractual capacity / Clíona de Bhailís
  • Introduction to relationships and consent to sex / María Laura Serra
  • Marriage and intellectual disability in Ireland : my sister is married, why can't I get married? / Maria Mahony and Sarah Richardson
  • Dreaming of traveling, dreaming of freedom : relationships and the right to support / Ronnie Harris and Jana Offergeld
  • Conclusion : relationships and consent to sex / María Laura Serra
  • Introduction to consent to medical treatment / Eilionóir Flynn
  • This is not a story : from ethical loneliness to respect for diverse ways of knowing, thinking, and being / Cath Roper and Piers Gooding
  • Getting sucked out of that black hole termed India's legal mental health machinery / Lavanya Seshayee and Maths Jesperson
  • Consent is more than just yes or no / Fiona Anderson and Bo Chen
  • The humour in my tumour : respecting legal capacity in health care decision making / Reshma Vallippan and Roxanne Mykitiuk
  • Conclusion : consent to medical treatment / Eilionóir Flynn
  • Freedom : a work in progress / Rusi Stanev and Sheila Wildeman
  • Overall conclusion / Eilionóir Flynn.
Law Library (Crown)

4. Hallim pŏphak = Forum [ - 2019]

Journal/Periodical
v. ; 25 cm
Book
xxxi, 218 pages ; 25 cm
Law Library (Crown)
Book
vi, 204 pages ; 26 cm.
Law Library (Crown)
Book
109 pages ; 23 cm
  • Introduction
  • The politicisation of sexuality : feminism, difference, differences / Ingrid Salvatore
  • Exponential territorialization: reduce, refuse or reuse? An exploration of the territories of inclusive legal norms and gender binary / Valeria Venditti
  • Can human rights exist without gender? : LGBTI issues and the Council of Europe / Francesca Romana Ammaturo
  • Linguistic traps : identity and differences through institutions / Carlotta Cossutta
  • Subjectivity, gender and agency / Petr Agha
  • How the inheritance system thinks? : queering kinship, gender and care in the legal sphere / Antu Sorainen.
Law Library (Crown)
Book
xii, 265 pages ; 25 cm
  • Nga Pou Rahui : responsable laws for water and climate (Betsan Martin)
  • Reclaiming the global commons : towards earth trusteeship (Klaus Bosselmann)
  • Responsibility, state, and international law (Pierre Calame)
  • Public responsibility : a fundamental concept reflected throughout the ages; where did we lose the plot? (Gay Morgan)
  • Confronting the insupportable : resources of the law of responsibility (Alain Supoit)
  • Responsibility and the transformative role of law (Neetu Sharma)
  • The principle of responsibility in the global response to climate change : origins and evolution (Adrian Macey)
  • An ethic of responsibility in Samoan customary law (his Highness Tui Atua Tupua Tamasese Taisi Efi)
  • Indigenous law and responsible water governance (Hon Sir Edward Taihakurei Durie Knzm)
  • Governance of water based on responsible use : an elegant solution? (Linda Te Aho)
  • Reflecting on landscapes of obligation, their making, and tacit constitutionalisation : freshwater claims, proprietorship, and stewardship (Mark Hickford)
  • Rivers as ancestors and other realities : governance of waterways in aotearoa / New Zealand (Anne Salmond)
  • The power & potential of the public trust : insight from Hawaii's water battles and triumphs (Kapua Sproat and Mahina Tuteur)
  • From rights to responsibilities using legal personhood and guardianship for rivers (Catherine Iorns Magallanes)
  • Making law (Gerald Torres).
Law Library (Crown)
Book
viii, 260 pages ; 23 cm
  • Preface and acknowledgments
  • In defense of abortion rights / Kate Greasley
  • Abortion as human rights violation / Christopher Kaczor
  • A reply to Kaczor / Kate Greasley
  • A reply to "In defense of abortion rights" / Christopher Kaczor
  • A short reply to the reply / Kate Greasley
  • A short reply to Greasley / Christopher Kaczor.
This book features opening arguments followed by two rounds of reply between two moral philosophers on opposing sides of the abortion debate. In the opening essays, Kate Greasley and Christopher Kaczor lay out what they take to be the best case for and against abortion rights. In the ensuing dialogue, they engage with each other's arguments and each responds to criticisms fielded by the other. Their conversational argument explores such fundamental questions as: what gives a person the right to life? Is abortion bad for women? What is the difference between abortion and infanticide? Underpinned by philosophical reasoning and methodology, this book provides opposing and clearly structured perspectives on a highly emotive and controversial issue. The result gives readers a window into how moral philosophers argue about the contentious issue of abortion rights, and an in-depth analysis of the compelling arguments on both sides.
(source: Nielsen Book Data)9781107170933 20180319
Law Library (Crown)
Book
xxii, 350 pages ; 25 cm.
  • Introduction
  • The General Agreement on Tariffs and Trade 1947 (GATT 1947) and the World Trade Organization (WTO) : why join the club?
  • Membership of the GATT 1947 and the WTO
  • The scope of the multilateral trading system
  • The status of protocols of accession in the legal framework of the WTO
  • Mapping exercise : methodology and typology : commitments on specific matters
  • Mapping exercise : the results
  • Concluding remarks.
This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional `rules' and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system. Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific `WTO-Plus' commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia. Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.
(source: Nielsen Book Data)9781788112581 20180423
Law Library (Crown)
Book
xxi, 440 pages : illustrations ; 24 cm
  • Introductory remarks / René Seerden
  • Administrative law in France / Jean-Bernard Auby, Lucie Cluzel-Metayer and Lamprini Xenou
  • Administrative law in Germany / Hermann Pünder and Anika Klafki
  • Administrative law in the Netherlands / René Seerden and Daniëlle Wenders
  • Administrative law in the United Kingdom / Katharine Thompson
  • European administrative law / Rolf Ortlep and Rob Widdershoven
  • Administrative law in the United States / Jeffrey S. Lubbers
  • Comparative remarks / René Seerden.
This book offers a comparative introduction, by the editor and native authors, to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the `transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format, worked out in the introduction by the editor, are: 1. What is administrative law? 2. Who is administrating? 3. Which instruments are available for the administration? 4. Which (formal) rules/principles (written or unwritten) govern administrative actions? 5. Access to (administrative) courts against administrative actions/decisions. 6. Enforcement by the administration. 7. Financial liability of the administration for (un)lawful actions. 8. Recent and future developments and conclusions. The final chapter offers comparative remarks by the editor.
(source: Nielsen Book Data)9781780686301 20180625
Law Library (Crown)
Book
xxiii, 180 pages ; 25 cm.
  • Introduction
  • Can one speak in one's voice? : one's voice and the critique and resistance of the law : a review of the literature
  • The ambivalence of wounds, consent and the integrity of the body
  • Objectification and voice in sex work
  • Moving away from justice as resentment.
"Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice."-- Provided by publisher.
Law Library (Crown)
Book
vi, 150 pages ; 22 cm.
  • Introduction: Comparative constitutional law : history and contours
  • Constitution-making
  • The structures of constitutional review and some implications for substantive constitutional law
  • The structure of rights analysis : proportionality, rules and international law
  • The structure of government
  • Conclusion.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new `transparency' branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world. New to this revised and enlarged second edition: * Updated and extended material to encompass the developments in practice and scholarship since the original edition's publication back in 2014 * With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments * Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.
(source: Nielsen Book Data)9781786437204 20180924
Law Library (Crown)
Book
xi, 147 pages ; 23 cm.
Law Library (Crown)
Book
xii, 239 pages : illustrations ; 24 cm
  • Introduction
  • Immaturity and reduced culpability
  • Kids will be kids ... until they grow out of it
  • Criminal culpability
  • Desert for wrongdoing
  • The weight of a legal reason
  • Giving kids a break
  • Who else is owed a break?
  • What breaks are owed?
  • Conclusion.
Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.
(source: Nielsen Book Data)9780198803324 20180625
Law Library (Crown)
Book
x, 193 pages ; 24 cm.
  • Introduction / William S. Bush and David S. Tanenhaus
  • From criminal justice to the social clinic : the role of magistrates in the circulation of transnational models in the twentieth century / David Niget
  • The modernization of authority : juvenile delinquents and their caseworkers in post-revolutionary Mexico City / Shari Orisich
  • The search for juvenile delinquency in colonial Zanzibar, East Africa / Corrie Decker
  • Youth consciousness, delinquency, and the Montreal miracle / Tamara Myers
  • Supervising freedom : juvenile delinquency in Paris and Boston in the mid-twentieth century / Guillaume Périssol
  • Unclaimed forlorn monsters? : perceptions of youth crime and the limits of juvenile justice reform in Turkey, 1979-2005 / Nazan Iek
  • Conclusion: Whose children : a comparative anatomy of moral panics / William S. Bush and David S. Tanenhaus.
Six compelling histories of youth crime in the twentieth century Ages of Anxiety presents six case studies of juvenile justice policy in the twentieth century from around the world, adding context to the urgent and international conversation about youth, crime, and justice. By focusing on magistrates, social workers, probation and police officers, and youth themselves, editors William S. Bush and David S. Tanenhaus highlight the role of ordinary people as meaningful and consequential historical actors. After providing an international perspective on the social history of ideas about how children are different from adults, the contributors explain why those differences should matter for the administration of justice. They examine how reformers used the idea of modernization to build and legitimize juvenile justice systems in Europe and Mexico, and present histories of policing and punishing youth crime. Ages of Anxiety introduces a new theoretical model for interpreting historical research to demonstrate the usefulness of social histories of children and youth for policy analysis and decision-making in the twenty-first century. Shedding new light on the substantive aims of the juvenile court, the book is a historically informed perspective on the critical topic of youth, crime, and justice.
(source: Nielsen Book Data)9781479833214 20180924
Law Library (Crown)
Book
xv, 228 pages ; 25 cm
  • Introduction
  • ADR and its alternative justice : in general
  • Domestic violence against women : a developing phenomenon
  • Alternative justice and domestic violence against women : the correlation and synergies
  • Opposition to ADR mechanisms in divorce disputes involving violence
  • Mediation-arbitration (med-arb) and online mediation : two proposals for improved ADR mechanisms in divorce disputes involving violence.
"Dealing with the interface between the alternative dispute resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book...[presents] the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms."-- Provided by publisher.
Law Library (Crown)
Book
734 pages ; 23 cm.
  • Preface
  • Introduction
  • Great expectations? : presumed functions and drawbacks of amicus curiae participation
  • An international instrument
  • Characteristics, status and function of amicus curiae before international courts
  • Admission of amicus curiae to the proceedings
  • Amici curiae in the proceedings
  • Does content matter? : substantive effectiveness of amicus curiae submissions
  • Effects on the international dispute settlement system
  • Conclusion.
Amicus curiae participation in international courts and investment arbitration tribunals is increasing despite lack of clarity on the concept's nature, function and added value in international dispute settlement. The book examines the laws and practices of amicus curiae to assess the concept's status quo, and to determine if it meets the many expectations. Does it infuse proceedings with alternative views and the public interest? Does it increase the legitimacy and transparency of international dispute settlement, or the coherence of international law? Or does it derail the proceedings at the expense of the parties to advance its agenda? The book argues that neither the expectations nor the concerns attached to amicus curiae have materialized. It shows a hesitation by courts with a strong adversarial tradition to consider the views of non-parties, and argues that amicus curiae is not the best vehicle to present a public interest or increase legitimacy. However, it can improve judicial decisions and decision-making if regulated and used properly.
(source: Nielsen Book Data)9781509908912 20180910
Law Library (Crown)
Book
195 pages ; 24 cm
  • Introduction
  • Imitation and analogy / Amalia Amaya
  • Indefeasible analogical argument / Scott Brewer
  • Is analogy a form of legal reasoning? / Bartosz Brożek
  • Analogical reasoning and extensive interpretation / Damiano Canale and Giovanni Tuzet
  • Analogy and balancing : the partial reducibility thesis and its problems / David Duarte
  • Analogy and balancing : a reply to David Duarte / Bartosz Brożek
  • Analogy and balancing once again : a reply to Bartosz Brożek / David Duarte
  • Argument by analogy in the law / Martin Golding
  • Undoing damage by analogy : as if (almost) nothing happened, with notes on the meaning of everything / Hendrik Kaptein
  • Analogy in the strict liability rules in the Dutch civil code / Bastiaan van der Velden.
Legal analogy, exemplary reasoning.
(source: Nielsen Book Data)9789462985902 20180806
Law Library (Crown)
Book
xviii, 602 pages ; 25 cm.
  • Part I - Anti-trust Analysis of Online Sales Platforms: 1 International Report by João Marcelo de Lima Assafim
  • 2 Australia by Barbora Jedličková and Julie Clarke
  • 3 Austria by Astrid Ablasser-Neuhuber and Gerhard Fussenegger
  • 4 Belgium by Steffie De Cock
  • 5 Brazil by Pedro Paulo Salles Cristofaro and Luisa Shinzato de Pinho
  • 6 France by Linda Arcelin, Nizar Lajnef, Annabelle Lebaudy, Lauren Mechri, Florence Ninane, Michaël Vaz d'Almeida and Pascal Wilhelm
  • 7 Germany by Thomas Hoeren
  • 8 Hungary by Álmos Papp and András Horváth
  • 9 Italy by Francesca La Rocca
  • 10 Sweden by Robert Moldén, Henrik Nilsson and Dagne Sabockis
  • 11 Switzerland by Annemarie Streuli
  • 12 United Kingdom by Vineet Budhiraja
  • Part II - Copyright Limitations and Exceptions: 13 International Report by Benoit Michaux
  • 14 Austria by Valerie Eder
  • 15 Belgium by Manon Knockaert
  • 16 Brazil by Felipe Barros Oquendo
  • 17 Czech Republic by Radka MacGregor Pelikánová
  • 18 France by Martina Isola and Guillaume Couet
  • 19 Germany by Thomas Hoeren
  • 20 Hungary by Zsófia Lendvai
  • 21 Italy by Marco Francetti
  • 22 Poland by Maria Obara-Piszewska and Filina Sztandera
  • 23 Romania by Paul-George Buta
  • 24 Switzerland by Sevan Antreasyan
  • 25 United Kingdom by Eleonora Rosati.
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic "To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Law Library (Crown)