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Book
xi, 278 pages ; 25 cm
  • Introduction
  • American constitutionalism : a second source of power comes with dual constraints on that power
  • Equality and adequacy of school funding
  • Search and seizure : the exclusionary rule
  • Compelled sterilization
  • Free speech, free exercise of religion, and freedom from mandatory flag salutes
  • Looking forward : what the state courts can do
  • Looking forward : what the rest of the legal community can do
  • Epilogue.
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...The main items of the format, worked out in the introduction by the editor, are: what is administrative law?; who is administrating?; which instruments are available for the administration?; which (formal) rules/principles (written or unwritten) govern administrative actions?; access to (administrative) courts against administrative actions/decisions; enforcement by the administration; financial liability of the administration for (un)lawful actions; recent and future developments and conclusions; and the final chapter offers comparative remarks by the editor."-- Provided by publisher.
Law Library (Crown)
Book
x, 233 pages : illustrations (some color) ; 24 cm
  • Introduction
  • Theoretical and methodological background
  • Professional decision making in the Dutch context
  • Professional decision making in the English context
  • Understanding lawyers' professional decision making : the role of the institutional and professional context
  • Conclusion.
"Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: 'time vs. money' and 'hopeless cases'."-- Back cover.
Law Library (Crown)
Book
328 pages ; 23 cm
  • Collective rights management : rationales and functions
  • Purpose and structure of the research
  • Terminological remarks
  • Introduction to EU and U.S. copyright law
  • Emergence of collective management organizations
  • Regulatory frameworks
  • Applicability of antitrust laws to CMOs
  • The regulation of the different relations of CMOs : right holders, users, sister organizations
  • Orientation and focus of the regualtion of collective management of copyrights in the European Union and the United States
  • The diverging image of CMOs : legitimate functions and limited justifications
  • Regulatory models : competition, monopolies and minimum standards against the backdrop of copyright law.
"The collective management of copyrights is a highly topical issue in the United States which is exemplified by the review of the Consent Decrees between 2014 and 2016 and recent rate court proceedings. Furthermore, the economic and technical environment for the collective management of copyrights has undergone profound changes in recent years; this implies the need for research on the corresponding legal framework, also de lege ferenda. A comparative approach was chosen in order to highlight that similar problems occur in the United States and the European Union. Those problems are, however, not always addressed in the same way."-- Provided by publisher.
Law Library (Crown)
Book
xxvi, 267 pages : forms ; 23 cm
  • The solo lawyer's dilemma : doing it all without staff / Robert C. Thurston
  • Suite alternatives to staffing / David J. Abeshouse
  • To rent or to employ . . . that is the question / Jeffrey Allen
  • Outsourcing work to freelance lawyers / Lisa Solomon
  • Kellie : our special employee / Ted A. Waggoner
  • Support staff : opportunities and challenges / David Leffler
  • Is your office ready for a modern-day Della Street? / Penny J. Umstattd-Cope
  • A blueprint for marketing with staff / Robert A. Kraft
  • Keys to success : leadership, attorney/staff relations, and simplified action planning / Nancy Byerly Jones
  • How to succeed with staff / Harold M. Goldner
  • Motivating lawyers and employees in the small law office / Jim Karger
  • Care and feeding of the law office staff / Jim Calloway
  • Keeping the team happy / Vicki Levy Eskin
  • Delegation dynamics / Cynthia Sharp
  • Paralegals : you've come a long way / Wiliam I. Weston
  • To boldly go . . . outsourcing to virtual paralegals / Pamela J. Starr
  • The ethics of working with legal assistants / Therese A. Cannon
  • Technology policies for the small law office / Kelcey Patrick-Ferree
  • Beyond the employee handbook : personal issues / Jean Maneke
  • Legal staff evaluations : a generational issue as well / Ted A. Waggoner
  • How to handle a problem employee / Cedric Ashley, Tonya Woodland-Ashley
  • You're fired / Jonathan G. Stein
  • Workplace security for solo and small firm staff / David Zachary Kaufman
  • Employment law in the solo and small firm / revised and updated by Scott I. Barer.
"Good law office staff is harder to find (and keep) than clients (and sometimes spouses). The average solo or small firm lawyer may spend more waking hours each day with staff than with a spouse or significant other. And in some cases, even years longer. They will devote all kinds of time and money searching for that significant other, courting the person, learning how to live with that person, being trained by that person―but when it comes to staff, an 'Oh, that one will do' more frequently than not seems to be the way it is all approached. The office staff often know the intimate secrets of their employers, know all about the clients' secrets and things that cannot be discussed with lawyers' spouses, know more than a spouse about a lawyer's finances, and, if they have access to a lawyer's trust account, can do more damage financially and professionally than a spouse ever could...[This] book inspired by lessons the authors have learned from law office staff, both their own and those employed by others."-- Provided by publisher.
Law Library (Crown)
Book
xxxi, 515 pages ; 24 cm
  • Preface
  • The EU right to data protection
  • EU right to data protection and the ECHR
  • Scope and the application of the GDPR
  • Definitions
  • Territorial scope of the GDPR and transfers outside the EU
  • The principles relating to processing of personal data
  • Lawfulness of processing
  • Special categories of data
  • Rights of the data subject
  • Modalities and restrictions
  • Controller and processor
  • Controller and processor : governance
  • Controller and processor : risk
  • Codes of conduct and certification
  • Supervisory authorities
  • The independence of supervisory authorities
  • The jurisdiction of supervisory authorities
  • Consistency
  • Remedies, liability and penalties
  • The sharing of personal data
  • The law enforcement directive
  • Processing by community institutions
  • ePrivacy.
"Data protection is the statutory protection provided to protect the privacy of individuals with regard to personal data. Various obligations are imposed on persons who keep personal data, eg that the data must be accurate and kept for lawful purposes. [This book] provides an analysis of the EU's proposed General Data Protection Regulation. The book analyses the rights of the data subject including rights to information, access, rectification, erasure (right to be forgotten), restriction, portability and objection. It examines in detail the role and responsibilities of controllers and processors together with governance (including the data protection officer) and risk (data protection by design and default, the data protection impact assessment, data security and the notification of subjects). The role of data protection authorities, the European Data Protection Board and enforcement mechanisms such as fines and other liabilities and penalties are also explored. Other relevant directives are discussed together with appropriate case law."-- Back cover.
Law Library (Crown)
Book
xi, 332 pages ; 24 cm
  • The digital dimension as a challenge to European contract law : the architecture / Stefan Grundmann and Philipp Hacker
  • Digital contracts in global surrondings / Dan Jerker B. Svantesson
  • Regulating online platforms : the case of Airbnb / Vanessa Mak
  • Crowdfunding in Europe / Carmen Estevan de Quesada
  • Terms of service are not contracts : beyond contract law and the regulation of online platforms / Przemysław Jacek Pałka
  • The e-commerce directive, consumer transactions, and the digital single market : questions of regulatory fitness, regulatory disconnection and rule redirection / Roger Brownsword
  • Connected contracts reloaded : smart contracts as contractual networks / Florian Idelberger
  • The Silk Road revisited : money transactions inside the Bitcoin system / Kristoffer Schollin
  • Contracts in the infosphere / Giovanni Sartor
  • Contracts for the supply of digital content : the proposal of the Commission for a Directive on Contracts for the Supply of Digital Content / Gerald Spindler
  • Digital content : a digital CESL II : a paradigm for contract law via the backdoor? / Christina Ramberg.
"[This book] offers an overview of the interactions between digital technologies and contract law and takes into account the two (late) 2015 EU Commission proposals on digital contracting and digital content. The book goes beyond these proposals and is grouped around the three pillars of an architecture of contract law in the digital age: the regulatory framework; digital interventions over the life-cycle of the contract; and digital objects of contracting. The discussion of the regulatory framework looks at the platforms used for digital contracting - such as Airbnb - which are particularly important instruments for the formation of digital contracts. In describing the life-cycle of the contract, this book shows how four key technologies (digital platforms, big data analytics, artificial intelligence, and blockchain) are being used at different stages of the contractual process, from the screening for contractual partners to formation, enforcement and interpretation. Furthermore, digitally facilitated contracting increasingly relates to digital content - for instance software or search engines - as the object of the contract but while this area has notably been shaped by the proposed Directive on Contracts for the Supply of Digital Content, this work shows that important questions remain unanswered. This book highlights how the digital dimension opens a new chapter in the concept of contracting, both questioning and revisiting many of its core concepts."-- Back cover.
Law Library (Crown)
Book
xvii, 311 pages ; 24 cm
  • Introduction / Jernej Letnar Černič and Nicolás Carrillo-Santarelli
  • Alternative paths to a business and human rights treaty / Surya Deva
  • A defence of direct international human rights obligations of (all) corporations / Nicolás Carrillo-Santarelli
  • A treaty on business and human rights : problems and prospects / Chiara Macchi
  • Considering a treaty on corporations and human rights : mostly failures but with a glimmer of success / Larry Catá Backer
  • 'Band-aids don't fix bullet holes' : in defence of a traditional state-centric approach / Tara L Van Ho
  • Voluntary vs. binding : civil society's claim for a binding instrument / Ana María Suárez Franco and Daniel Fyfe
  • Business and human rights in the Americas : defining a Latin American route to corporate responsibility / Humberto Cantú Rivera
  • The applicability of human rights treaties to business enterprises : a case study of India / Manoj Kumar Sinha
  • Reckless business : corporate accountability for atrocities / Dan Kuwali
  • European perspectives on the business and human rights treaty initiative / Jernej Letnar Černič
  • A convention or a recommendation? : the experience of international labour legislation / Ago Shin-Ichi
  • Lessons for the treaty process from the International Law Commission and international environmental law / Sara L Seck
  • Conclusion / Jernej Letnar Černič and Nicolás Carrillo-Santarelli.
"It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter. This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be, should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights? [This book]...informs the reader about the current debate that is at centre of legal and diplomatic discussion."-- Back cover.
Law Library (Crown)
Book
xxi, 266 pages : illustrations, 1 map ; 24 cm
  • Healing the wounds of Gukurahundi
  • Background and history of violence in Matebeleland
  • Armed conflict, trauma and peacebuilding
  • Community trauma healing : theory and practice
  • Participatory action research
  • Research design, methodology and data collection methods
  • Evaluating the participatory action research process
  • Findings and discussion
  • Contentious issues
  • Summary, conclusions, and reflections.
"This book is based on a participatory action research project carried out with a group of former Zimbabwe People's Revolutionary Army (ZPRA) which was the armed wing of the Zimbabwe African People's Union (ZAPU) which was led by the late Joshua Nkomo. ZPRA was the primary target of Gukurahundi, a pogrom by the Mugabe government which left an estimated 20,000 civilians dead and countless others tortured in the early 1980s in Matebeleland, Zimbabwe. It has been almost 30 years since the violence ended, but there has never been an official healing and reconciliation programme or truth commission into the atrocities. The government chose the path of amnesia by granting a blanket amnesty to all involved. The regime has enforced a culture of silence over the event through repression and intimidation. The book is a culmination of a two year journey, by the group and the author, of an exploration of group-based self-healing approaches to the pain caused by the violence of Gukurahundi."-- Back cover.
Law Library (Crown)
Book
397 pages : illustrations (chiefly color), maps ; 28 cm
  • Prologue: The ideas, events and people behind this book / Manuel May Castillo
  • The indigenous condition : an introductory note / Maarten E.R.G.N. Jansen and Gabina Aurora Pérez Jiménez
  • Protection of indigenous and tribal peoples' cultural and environmental rights in Suriname : challenges in the implementation of the judgment of the Inter-American Court of Human Rights in the Saramaka case and subsequent decisions / Anna Meijknecht and Bas Rombouts
  • Projected futures for the Orang Rimba of Sumatra (Indonesia) / Gerard A. Persoon and Ekoningtyas Margu Wardani
  • Environmental degradation and resource extraction in the Niger Delta : rights of indigenous people / Ebun Abolarin
  • Living in contaminated land : ecological struggles to (re)claim the land in contemporary Guadeloupe and Martinique / Malcom Ferdinand
  • Contemporary contentions of ancestral land rights among indigenous kin-groups in the Mentawai Islands of Indonesia / Juniator Tulius
  • Madre milpa, modified maize, and more : conflict and transnational colonialism in the highlands of Guatemala / Paul van den Akker
  • Spiritual knowledge unearthed : indigenous peoples and land rights / Osiris González
  • Los rituales a tlalticpactli en Santa Catarina / Raul Macuil Martínez
  • La tierra desde la visión del mundo ayuuk / Juan Carlos Reyes Gómez
  • Reflexiones sobre el Territorio y la constructión del "bien estar" entre los nuu savi (mixtecos) de la Montaña de Guerrero, México / Edith Herrera Martinez
  • El Paisaje Sagrado de Santo Tomas Ocotepec / Omar Aguilar Sánchez
  • The use of the prehispanic road network in Perú : the case of the road between Xauxa and Pachacamac / Luisa Marcela Najarro Rivera and Camila Capriata Estrada
  • Home birth, home invasions : encroaching on the household's sovereignty in the Andes / Margarita Huayhua
  • How does culture relate to health? : a case study on Taiwan's indigenous peoples / I-An Gao (Wasiq Silan)
  • Politics and practices of indigenous heritage in Taiwan : perspectives on cultural transmission in indigenous communities / Chia-yu Hu
  • Gákti ja goahti : heritage work and identity at Vardobaiki Museum, Norway / Liisa-Rávná Finbog
  • Organización socio-política de los mayas de Belice / Anita F. Tzec Recinos
  • Iguanazul Cartonera : revitalization of Mexican languages among indigenous migrant communities in New York City / Judith Santopietro
  • Desacralizing land(scapes) : Maya heritage in the global picture / Manuel May
  • Académicos y académicas de pueblos originarios : una experiencia entre la sabiduria indigena y las teorias académicas clásicas / Leticia Aparicio
  • Epilogue: Heritage and rights of indigenous peoples : an epilogue / Amy Strecker.
"The heritage of indigenous peoples has long been researched and commented upon from the outside. This book...[engages] with the heritage of indigenous peoples from the 'inside'. On 13th September 2007, member states of the United Nations adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), a momentous occasion marking wide political recognition of indigenous peoples' rights. Ten years on, this book explores the areas -both substantive and geographic- dealing with the heritage and rights of indigenous peoples globally...[The] chapters offer an insight into the issues faced by indigenous peoples under the umbrella themes of land, spirituality and self-determination. The case studies - which span four continents - not only highlight the various resilient and imaginative ways in which indigenous peoples are managing to sustain, develop and transform their heritage, but also offer an insight into the areas where the implementation of UNDRIP is most needed. On the 10th anniversary of UNDRIP, this book therefore serves as a clarion call to states, transnational enterprises and policymakers to act in accordance with the tenets of the UN Declaration and take indigenous perspectives, ontologies and worldviews seriously."-- Provided by publisher.
Law Library (Crown)

11. How democracy ends [2018]

Book
249 pages : portrait : 24 cm
  • Preface: Thinking the unthinkable
  • Introduction: 20 January 2017
  • Coup!
  • Catastrophe!
  • Technological takeover!
  • Something better?
  • Conclusion: This is how democracy ends
  • Epilogue: 20 January 2053.
"In How Democracy Ends, David Runciman argues that we are trapped in outdated twentieth-century ideas of democratic failure. By fixating on coups and violence, we are focusing on the wrong threats. Our societies are too affluent, too elderly, and too networked to fall apart as they did in the past. We need new ways of thinking the unthinkable--a twenty-first-century vision of the end of democracy, and whether its collapse might allow us to move forward to something better"-- Amazon.
Law Library (Crown)
Book
xii, 489 pages ; 26 cm
  • Law and force
  • The prohibition of the use of force
  • Invitation and intervention
  • Self-defence : the framework
  • The use of force against terrorism : a new war for a new century?
  • The UN and the use of force
  • Security council authorization of member states to use force
  • Regional peacekeeping and enforcement action.
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict. -- Provided by publisher.
Law Library (Crown)
Book
224 pages : illustrations ; 22 cm
  • Leah Chase
  • Dr. June Jackson Christmas
  • Aileen Hernandez
  • Diane Nash
  • Judy Richardson
  • Kathleen Cleaver
  • Gay McDougall
  • Gloria Richardson
  • Myrlie Evers.
"Through wide-ranging conversations with nine African American women, several now in their nineties with decades of untold stories, we hear what ignited and fueled their activism, as Bell vividly captures their inspiring voices"-- Provided by publisher.
Law Library (Crown)
Book
1 online resource : illustrations, map, forms.
Law Library (Crown)
Book
1 online resource
Law Library (Crown)
Book
xvii, 886 pages : portraits ; 25 cm
  • The overall framework of private law academia and private law development
  • Ernst Rabel and Franz Böhm
  • Methods : legal history, comparative law and legal theory
  • Business law, economic theory and transnational law
  • Private law, doctrinal thinking and system building
  • Conclusions and outlook.
While common law is developed by the courts and judges may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence of academia is paramount. It is perhaps fair to say that no other code is as strongly influenced by scholars as the German Civil Code of 1900. Furthermore, in both the past and the present, courts and scholars in Germany are in constant dialogue about the application and interpretation of German and also EU law. Arguably, this is also one of the reasons why German academia plays such a prominent - some may say excessively dominant - role in the European private law discourse and development. 0As a result it seems necessary, indeed vital, to shed more light on professors who were highly influential in the development of German private law in the 20th century. They fostered such concepts and ideas as the birth of modern market and institutional regulation, genuine internationalisation, in particular through comparative law, and Europeanisation of private law, social areas of the law, particularly labour and consumer law and fundamental rights? protection between private parties, and equally the law of competition and enterprise.
Law Library (Crown)
Book
ix, 572 pages ; 24 cm
  • Introduction
  • Assigned residence
  • Border/barrier
  • Combatants
  • Deportations
  • Export of knowledge
  • Future-oriented measures
  • Geneva law
  • House demolitions
  • Investigations
  • Jewish settlements
  • Kinship
  • Lawfare
  • Military courts
  • Nomos
  • Outside/inside
  • Proportionality
  • Quality of life
  • Regularization law
  • Security prisoners
  • Temporary/indefinite
  • Usufruct
  • Violence
  • War crimes
  • X rays
  • Youth
  • Zone.
"Beginning on the 5th of June and ending six days later, the 1967 war was brief. During these few days, Israel gained control over the West Bank of the Jordan River, the Gaza Strip, the Sinai Peninsula and the Golan Heights. Within pre-1967 Israel, East Jerusalem (located in the West Bank) has been subsumed into Jerusalem. Jewish settlements began to be built in the OPT already in 1967. Half a century later, there are approximately 2.7 million Palestinians and over 586,000 Israelis living in the West Bank including East Jerusalem. Most Palestinians and Israelis know no other reality. Law has played a significant role in the making and maintaining of this reality. This role is the focus of [this book]."-- Provided by publisher.
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.
Law Library (Crown)
Book
vi, 232 pages ; 24 cm
  • Introduction
  • Specific claims in Canada : a brief history and policy roadmap
  • Dependent on the good will of the sovereign : background to the Indian Specific Claims Commission
  • The Indian Specific Claims Commission : second sober thought
  • Challenges to the process : applications for inquiries and constructive rejections
  • On the road again : planning conferences, community sessions, and integrity of the process
  • By law or in justice : legal arguments, panel deliberations, and the murky waters of the mediation unit
  • Beyond lawful obligation : the closure of the ICC and the rise of the Specific Claims Tribunal
  • The legacy of the ICC and lessons for the future of specific claims.
"The Indian Specific Claims Commission (ISCC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, in the federal Indian Act, as well as within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. [The author looks] at the inquiry process and the parties involved. [The author] draws upon the records of the commission and her long research and experience with Indigenous claims and communities to provide an...analysis of Canada's claims policy...[and] makes a passionate plea for greater claims justice."-- Provided by publisher.
Law Library (Crown)
Book
1 online resource
Law Library (Crown)