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Book
391 pages ; 23 cm
  • Regional integration in Africa
  • African regional community courts
  • Methodology
  • Procedure of and before regional community courts
  • Relational aspects of regional integration
  • Integration through human rights protection
  • Contempt of court : the problems of non-compliance.
"African regional communities have been portrayed by international legal scholars on a regular basis. Yet, this is only partially the case with regard to their respective judicial organs. For the first time a contribution exclusively focuses on the West African ECOWAS, the Southern African SADC and the East African EAC courts and their jurisprudence. After outlining the potential of community courts to contribute to integration follows a microscopic analysis of pertinent extracts from their judgments regarding the courts' methodology, their jurisdiction and procedural law, the hierarchy between community and national legislation, the question of regional human rights protection and the essential obstacle to integration, which is non-compliance. The research is completed by evaluating whether the three courts had a share in the integration process and to what extent they are able to further promote integration in the future."-- Provided by publisher.
Law Library (Crown)
Book
89 pages ; 24 cm
  • Monstrous negotiations
  • Monstrous citizenships
  • Citizens and their monstrous families
  • Monstrous fears.
"This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise."-- Back cover.
Law Library (Crown)
Book
28 pages : color illustrations, color map ; 28 cm
Law Library (Crown)
Book
xxix, 218 pages ; 19 cm
  • Who is an Indian citizen? : the Citizenship Act of India
  • 'We the people' : citizenship in the Indian Constitution
  • Ambivalent citizens
  • Becoming citizens.
"The idea of citizenship goes beyond a legal-formal framework to denote substantive membership in the political community. While citizenship is identified with an ideal condition of equality of status and belonging, it gets challenged in societies marked by inequalities. As an idea that inspires struggle, citizenship remains an institution that is unbounded, changing, and always incomplete. This short introduction...describes the history of citizenship in India, before moving on to the pluralities and the contemporary landscapes of citizenship. It traces the amendments in the Citizenship Act, 1955 and argues that the legal enframing of the citizen involves a simultaneous production of its other-the non-citizen. This book looks at the multiple margins that constitute the sites of constant churnings, releasing powerful new idioms, imaginaries, and practices of citizenship."-- Provided by publisher.
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 Ḥanafism
  • Defining coercion in Shafi'ism
  • Coerced speech act jurisprudence in Ḥanafism and Shafi'ism
  • Coerced Harm Jurisprudence in Ḥanafism and Shafi'ism.
"[In this book, the author] 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."-- Publisher's website.
Law Library (Crown)
Book
xix, 845 pages : illustrations ; 25 cm
  • Forces and mechanisms in the constitution making process / Jon Elster
  • Reason, interest, rationality, and passion in constitution drafting / Nathan J. Brown
  • Legislatures as constituent assemblies / Jon Elster
  • Conventions, constituent assemblies, and round tables : models, principles and elements of democratic constitution-making / Andrew Arato
  • Constitutional design : proposals versus processes / Donald L. Horowitz
  • After the rights revolution : bills of rights in the postconflict state / Sujit Choudhry
  • Constitution-building proccesses and democratization : lessons learned / Yash Ghai and Guido Galli
  • Baghdad, Tokyo, Kabul... : constitution making in occupied states / Zachary Elkins, Tom Ginsburg and James Melton
  • Replacing and amending constitutions : the logic of constitutional change in Latin America / Gabriel L. Negretto
  • Constitution-writing in deeply divided societies : the incrementalist approach / Hanna Lerner
  • Democratic constitution making / Vivien Hart
  • Does the process of constitution-making matter? / Tom Ginsburg, Zachary Elkins and Justin Blount
  • A journey around constitutions : reflections on contemporary constitutions / Yash Ghai
  • Constitution-making gone wrong / David Landau
  • Constitution-making in Eastern Europe : rebuilding the boat in the open sea / Jon Elster
  • The politics of constitution-making / Jack N. Rakove
  • Conflict resolution and constitutionalism : the making of the Brazilian Constitution of 1988 / Keith S. Rosenn
  • Tracking the 'Arab Spring' : Egypt's failed transition / Nathan J. Brown
  • Rebuilding the German Constitution, I / Carl J. Friedrich
  • Rebuilding the German Constitution, II / Carl J. Friedrich
  • The constituent assembly : microcosm in action / Granville Austin
  • Conclusion: Comments on a successful constitution / Granville Austin
  • Creating a new political order / Zaid Al-Ali
  • The equal rights clause / Beate Sirota Gordon
  • Kenya's 2010 Constitution / Christina Murray
  • Creating the birth certificate of a new South Africa / Hassen Ebrahim and Laurel E. Miller
  • Constitution making and democratization : the Spanish paradigm / Andrea Bonime-Blanc
  • Participation and support for the constitution in Uganda / Devra C. Moehler.
"Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this research review is an...assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, the research review provides an...overview of the myriad of circumstances in which constitutions can be made."-- Back cover.
Law Library (Crown)
Book
xxi, 312 pages ; 24 cm
  • Introduction to human rights in Australia
  • The separation of powers
  • Open courts, natural justice and the right to confront accusers
  • The right to silence and the privilege against self-incrimination
  • The presumption of innocence
  • Civil forfeiture
  • Mandatory sentencing.
"This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted as fundamental the doctrine of separation of powers. While the precise contours of the separation of powers principle are still being drawn, the High Court has found that laws which require, or authorise, a court to exercise power involving a departure from characteristics of traditional judicial process are constitutionally suspect. This is because such a law would undermine a court's institutional integrity. While the High Court has been somewhat loath to identify precisely characteristics of traditional judicial process, some indicia - including open courts, ability to review a decision of a lower court for jurisdictional error, the provision of reasons, decisional independence and fairness - have been identified. This book argues that fundamental due process rights in the criminal law area, such as presumption of innocence, the right to silence, the right to confront accusers, open courts, no effective punishment without conviction, and proportionate rather than mandated sentencing, are so fundamental to a criminal procedure that laws which abrogate these rights and expectations are vulnerable to constitutional challenge."-- Back cover.
Law Library (Crown)
Book
218 pages ; 24 cm
  • Introduction
  • La formation de l'esprit classique en France
  • La renaissance du droit romain
  • L'éclosion d'un savant
  • En route vers la renommée
  • Au faîte des honneurs
  • Cujas, les glossateurs et les bartolistes
  • La vieillesse, la retraite et la mort
  • Cujas après Cujas
  • Conclusion.
Law Library (Crown)
Book
xxi, 511 pages ; 25 cm
  • The creation of the ICTR / Helen Hintjens
  • Rwanda and the ICTR : facts and figures / Barbora Holá and Alette Smeulers
  • Genocide / Payam Akhavan
  • Crimes against humanity / Valerie Oosterveld
  • War crimes / Felix Mukwiza Ndahinda
  • Sexual violence / Anne-Marie de Brouwer and Usta Kaitesi
  • Individual criminal responsibility / Kai Ambos and Stefanie Bock
  • Investigations and case selection / Alex Odora-Obote
  • Arrest and transfer / Christophe Paulussen
  • Trial and appeal processes / George William Mugwanya
  • The evidentiary system / Nancy Amoury Combs
  • The rights of the defence / Caroline Buisman
  • The rights of victims / Rosette Muzigo-Morrison
  • Sentencing and penalties / Mark A. Drumbl
  • The ICTR's elaboration of the core international crimes of genocide, crimes against humanity and war crimes and modes of liability / Justice Hassan Bubacar Jallow
  • Contribution of the ICTR for Rwandans / Francois-Xavier Nsanzuwera.
"[This book is a] reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. [It] provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analyzing the contributions from different disciplinary angles, the [book] is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans."-- Back cover.
Law Library (Crown)

10. Energy law [2017]

Book
v, 248 pages ; 24 cm
  • Energy facility siting
  • Oil and gas extraction
  • Energy transportation : accessibility, reliability, and cybersecurity
  • Environmental regulation of energy production and use
  • Energy financing, incentives, and mandates
  • Energy markets
  • Energy imports and exports
  • The smart grid and distributed generation.
"This book provides [an]...understanding of the major components of energy systems, energy infrastructure, and energy markets and the laws that guide their development. It covers all major energy policy sectors including oil and gas extraction, electricity regulation, renewable energy development, and regulation of vehicles and transportation fuels...The book is timely―describing rapidly changing policy in environmental regulation such as hydraulic fracturing, planning for electric transmission lines, and natural gas and oil exports. It also places these recent developments in the context of the many long-lasting policies that created current energy infrastructure and markets."-- Back cover.
Law Library (Crown)
Book
xviii, 290 pages ; 24 cm
  • Re A (Conjoined Twins: Surgical Separation) [2001] Fam 147
  • R (on the Application of Axon) v Secretary of State for Health [2006] EWHC 37 (Admin)
  • Airedale NHS Trust v Bland [1993] AC 789
  • R v Human Fertilisation and Embryology Authority, ex parte Blood [1999] Fam 151
  • Bolitho v Hackney Health Authority [1998] AC 232
  • R v Bourne [1939] 1 KB 687
  • Chester v Afshar [2005] 1 AC 134
  • R (on the Application of Nicklinson and Another) v Ministry of Justice [2014] UKSC 38
  • St George's Healthcare NHS Trust v S [1999] Fam 26.
"This edited collection is designed to explore the ethical nature of judicial decision-making, particularly relating to decisions in the health/medical sphere, where judges are often called upon to make decisions in cases containing an explicit ethical component. However, judges do not receive any specific training in ethical decision-making, and often disown any place for ethics in their decision-making. Consequently, decisions made by judges do not present consistent or robust ethical theory, even when cases appear to rely on moral claims. This project explores this dichotomy by imagining a world in which decisions by judges have to be ethically as well as legally valid. Nine specific cases are reinterpreted in light of that requirement by leading academics in the fields of medical law and bioethics. Two judgements are written in each case, allowing for different views to be presented. Two commentaries-one ethical and one legal-explore the ramifications of these ethical judgments and provide an opportunity to explore the two judgments from additional ethical and legal perspectives. These four different approaches to each judgment allow for a rich and varied critique of the decisions and ethical theories and issues at play in each case."-- Back cover.
Law Library (Crown)
Book
xii, 422 pages : illustrations ; 25 cm
  • Business models and economic characteristics of online platforms
  • Evaluating the link between competition and innovation
  • Market definition and dominance on online platforms
  • Setting the scene
  • Normative analysis of the essential facilities doctrine
  • Application of the essential facilities doctrine to data
  • How data protection has become relevant to competition enforcement
  • Identifying the interaction between competition and data protection law
  • Data protection as a non-efficiency concern in competition policy.
"[This book] provides a highly topical study of how EU competition law interacts with data on online platforms. All agree that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Since these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first to focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access to data on online platforms, such as search engines, social networks, and e-commerce platforms (commonly referred to as the 'gatekeepers' of the Internet)."-- Back cover.
Law Library (Crown)
Book
viii, 249 pages ; 24 cm
  • The end of the world's greatest autarky
  • Confronting the competition: the limitations of trade policy
  • Confronting the competition: how a strong dollar has hurt
  • Investment : the winners and the losers from offshoring
  • Helping the losers : the tragedy of trade adjustment assistance
  • Tiger moms and failing schools : the competitive challenge at home
  • How to think about economic competitiveness
  • A strategy for competing in a globalized world.
"Americans know that something has gone wrong in this country’s effort to prosper in the face of growing global economic competition. The vast benefits promised by the supporters of globalization, and by their own government, have never materialized for most Americans. This book is the story of what went wrong, and how to correct the course. It is a...history of the last four decades of US economic and trade policies that have left Americans unable to adapt to or compete in the current global marketplace. [The book] argues that, despite the deep partisan divisions over how best to respond to America’s competitive challenges, there is achievable common ground on such issues as fostering innovation, overhauling tax rules to encourage investment in the United States, boosting graduation rates, investing in infrastructure, and streamlining regulations. The federal government needs to become more like U.S. state governments in embracing economic competitiveness as a central function of government. The book presents an especially timely analysis of the trade policies of the Obama administration, and discusses how America can reassert itself as the leader in setting rules for international economic competition that would spread the benefits of global trade and investment more broadly."-- Provided by publisher.
Law Library (Crown)
Book
ci, 1143 pages ; 26 cm
  • An introduction to the nature of rights and liberties
  • The European Convention on Human Rights
  • Methods of protecting civil liberties and human rights in the UK aside from the Human Rights Act
  • The Human Rights Act
  • Principles of equality
  • Restraining freedom of expression under the law of contempt
  • Offensive speech
  • Official secrecy; access to state information
  • Freedom of protest and assembly
  • Private information and media freedom
  • State surveillance
  • Police powers of stop, search, arrest, detention
  • Police questioning and safeguards for suspects
  • Redress for police malpractice
  • Anti-terrorism law and human rights.
"More than merely describing the evolution of human rights and civil liberties law, this...textbook provides students with...coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, [the author] considers a number of recent major changes in the law, in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015, whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media."-- Provided by publisher.
Law Library (Crown)
Book
xxvi, 244 pages ; 23 cm
  • Histories of legal plurality
  • Settling descent
  • Imagining the state
  • Performing authority
  • Buying and paying respect
  • Taking and giving carpets
  • Taming custom.
Judith Beyer presents a finely textured ethnographic study that sheds new light on the legal and moral ordering of everyday life in northwestern Kyrgyzstan. Through her extensive fieldwork, Beyer captures the thoughts and voices of local people in two villages, Aral and Engels, and combines these with firsthand observations to create an original ethnography. Beyer shows how local Kyrgyz negotiate proper behavior and regulate disputes by invoking custom, known to the locals as salt. Whilesaltis presented as age-old tradition, its invocation needs to be understood as a highly developed and flexible rhetorical strategy that people adapt to suit the political, legal, economic, and religious environments. Officially, codified state law should take precedence when it comes to dispute resolution, yet the unwritten laws of salt and the increasing importance of Islamic law provide the standards for ordering everyday life. As Beyer further reveals, interpretations of both Islamic and state law are also intrinsically linked to salt. By interweaving case studies on kinship, legal negotiations, festive events, mourning rituals, and political and business dealings, Beyer shows how salt is the binding element in rural Kyrgyz social life, used to explain and negotiate moral behavior and to postulate communal identity. In this way, salt provides a timetested, sustainable source of authentication that defies changes in government and the tides of religious movements. Beyer's ground-level analysis provides a broad base of knowledge that will be valuable for students and researchers of contemporary Central Asia.
(source: Nielsen Book Data)9780822964209 20170130
Law Library (Crown)
Book
xxi, 283 pages ; 24 cm.
Law Library (Crown)
Book
xii, 233 pages ; 24 cm
  • Should body parts be salable? : Moore v. the Regents of the University of California (1990) and the market for human tissue
  • Can anyone own the sunlight? : Fontainebleau Hotel Corp. v. Forty-Five Inc. (1959) and the assignment and protection of property rights
  • Should eminent domain power be available to private companies? : Poletown Neighborhood Council v. City of Detroit (1981) and the economics of takings
  • Will file sharing ruin the music industry? : A&M Records v. Napster and the economics of copyright protection
  • Should the courts encourage contractual breach? : Acme Mills & Elevator Co v. J.C. Johnson (1911) and the economics of breaking promises
  • Should the courts void a contractual clause they deem unfair? : Williams v. Walker Thomas Furniture Co. (1965) and the paradox of stipulated damages
  • Should tort liability be governed by fault or no-fault rules? : Indiana Harbor Belt Railroad v. American Cyanamid (1990) and the economics of the great debate in tort law
  • Should firms be held liable for product defects? : Voss v. Black and Decker and the economics of product liability
  • Does malpractice liability induce physicians to provide too much health care? : Helling v. Carey (1974) and the economics of medical malpractice law
  • Are criminals rational? : Gary Becker and the dawn of rational crime analysis
  • Does prison reduce crime through deterrence or incapacitation? : Ewing v. California (2003) and the economics of the three-strikes law
  • Is racial profiling a nondiscriminatory policing strategy? : Anderson v. Cornejo (2004) and the economics of police search procedures
  • Do judges discriminate when sentencing? : the Sentencing Reform Act and federal sentencing guidelines
  • How does behavioral economics contribute to the economic analysis of law? : a brief introduction to the marriage of economics and psychology.
"Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? [This books] takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts."-- Provided by publisher.
Law Library (Crown)
Book
xiv, 499 pages : illustrations ; 24 cm.
  • The use of history in the development of lawyers' mythologies
  • How "French" was the English bar? : barristers and political liberalism in the eighteenth and nineteenth centuries
  • Law and colony : making the Canadian legal profession
  • Professional legal education at Queen's College, Birmingham, in the 1850s
  • Common law legal education in the Dominion of Canada's moral project
  • British Empire perspectives on the case method of legal education : Canada, 1885-1931
  • Free trade in law : English barristers, county courts, and provincial practice in the 1850s
  • The end of free trade in law: discipline at the Inns in the 1860s
  • Regulating lawyers' ethics in early-twentieth-century Canada
  • Gordon Martin, British Columbia communist, 1948
  • Liberal entrepreneurship thwarted : Charles Rann Kennedy and the foundations of England's modern Bar
  • Christ, manhood, and Empire: the case method of legal education in Canada, 1885-1931
  • Lawyers' professionalism, colonialism, state formation, and national life in Nigeria, 1900-60 : "The fighting brigade of the people" / co-authored with Chidi Oguamanam.
"In these critical essays, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the early twentieth century. Each chapter focuses on a critical moment when lawyers--whether leaders or rebels--sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity."-- Provided by publisher.
Law Library (Crown)
Book
1822 pages ; 25 cm
Law Library (Crown)
Book
x, 142 pages ; 22 cm.
  • Introduction: The warning is you will receive no warning
  • The rise of rapeglish
  • Why it is so
  • Hitting home
  • The blame game
  • Epic institutional fails
  • Conclusion: The electronic equivalent of everywhere.
"'Misogyny Online' explores the worldwide phenomenon of gendered cyberhate as a significant discourse which has been overlooked and marginalised. The rapid growth of the internet has led to numerous opportunities and benefits; however, the architecture of the cybersphere offers users unprecedented opportunities to engage in hate speech. A leading international researcher in this field, Emma A. Jane weaves together data and theory from multiple disciplines and expresses her findings in a style that is engaging, witty and powerful. Misogyny Online is an important read for students and faculty members alike across the social sciences and humanities"-- Provided by publisher.
Law Library (Crown)