Collection: Law
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Queer and Religious Alliances in Family Law Politics and Beyond
Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law’s recognition beyond the traditional state-sponsored family. This book also looks to...
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The Inherence of Human Dignity
The second of two volumes on dignity, Law and Religious Liberty focuses on the connection between human dignity and positive law, oriented around the central question, “What role should dignity play in the development of legislation and the adjudication of disputes involving religious freedom?”
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A City Divided: Race, Fear and the Law in Police Confrontations
When a high school honors student emerges from a police confrontation outside his home bruised and beaten, and facing serious criminal charges, an American city erupts in protests. A long quest for justice begins. "A City Divided" uncovers what happened and examines if race, fear and police condu...
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Exploring Animal Crossing
An exploration of the Animal Crossing virtual world, bringing together insights about law, commerce, psychology, sociology and creativity for scholars and non-specialist readers.
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Democracy, Social Justice and the Role of Trade Unions
Trade unions worldwide face a powerful paradox at this critical juncture: collective organisations for workers are urgently needed and yet there are serious pressures undercutting the legitimate role of trade unions. The aim of this book is to examine how trade unions can effectively navigate thi...
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Behind Tax Policy Controversies
This book provides a short, critical introduction to controversies in tax policy. It emphasizes the many diverse underlying factors that drive tax policy debates and sheds light on traditional and newly emerging issues of tax policy.
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Britain and Its Mandate over Palestine
When Britain took control of Palestine from the Turkish Ottoman Empire in World War 1, it tried to find a way to gain a legal right both to govern Palestine and to facilitate a Jewish national home there. It never found one. As a result, the changes it brought about in Palestine lack a legal basis.
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World Trade and Investment Law Reimagined
In a time of turmoil in international economic law, experts from 10 countries suggest ideas for a new and progressive trade and investment regime in ‘World Trade and Investment Law Reimagined’ that would help sustain growth, facilitate development and ensure that gains are shared and losses compe...
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The Constitution
The Constitution: Major Cases and Conflicts provides students with a road map through the evolution of the Supreme Court and its decisions involving criminal justice, civil liberties, social justice and federalism, and the balance of powers between the three branches of government placed in a his...
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Balancing Work and New Parenthood
This book examines Australian parental leave provisions and compares them with their counterpart provisions in Canada, Germany, and Switzerland. Following comparison and analysis, recommended amendments to the Paid Parental Leave Act 2010 (Cth) are provided.
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Shifting the Spotlight in the Law of Rape
We need a new law of rape –. One one which puts the focus on the defendant, rather than the victim. Many survivors of rape report that their experience of the criminal courts is that they are on trial. This book argues we need to redefine rape so the focus is on the defendant and his respon...
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The Inherence of Human Dignity
The first of two volumes, Foundations of Human Dignity focuses on foundational, conceptual issues, oriented around the central question, “What are the various meanings of ‘human dignity,’ and how are they grounded or justified?”
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Judicial Dispute Resolution
This book describes the ways in which judges, using judicial dispute resolution (JDR), have been facilitating problem-solving among litigants, and in the process ensuring more just outcomes. JDR is similar to mediation, alternative dispute resolution (ADR),as it is sometimes called, but it is pro...
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Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade
A critical examination of U.S. Supreme Court cases since the Roe v. Wade decision in light of natural law reasoning and principles. The text incisively reviews textual opinions of the various justices and attempts to discern the influence of natural law jurisprudence on modern day decisions.
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Constraining Development
This book explores the ways that trade and investment treaties constrain domestic policy making. It draws a common thread through trade- and investment-related areas to show how the promises of the current international legal regime have not come to fruition and to offer new options for countries...
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The Status of Religion and the Public Benefit in Charity Law
‘The Status of Religion and the Public Benefit in Charity Law’ is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition.
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Polar Shift: The Arctic Sustained
Polar Shift addresses how to sustain the Arctic's richness, beauty, and local and global value. It describes programs specifically created to protect this region and presents competing ideas of how it can be improved with specific recommendations
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Religion in Schools
Questions of how religion operates within schools are controversial and divisive. This book explores radical changes that are being made in Wales and the lessons that can be learnt.
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The Museum of Bioprospecting, Intellectual Property, and the Public Domain
'The Museum of Bioprospecting, Intellectual Property, and the Public Domain' discusses the issue of intellectual property rights versus the public domain in facilitating access to genetic resources for biotechnology development, through a dialogue between seven fictional scholars and a hilarious ...
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Reforming International Extradition
Extradition often priorities international comity and state rights over individual protections. This can create unfairness and concerns about extraditee welfare. Using case studies, this book explores these issues and argues that defendant-centered reforms are needed to adjust these unequal level...
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Empirical Assessment in IHL Education and Training
The book charts the use of empirical assessment over the last 20 years to make IHL training more effective and links it with recent research that emphasizes the role of military leaders in building a values-oriented culture of IHL compliance with their soldiers.
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Judge Knot
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS, and asks what makes the system tick and what it means for the future of democracy and development.
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The Anthem Companion to Niklas Luhmann
The Anthem Companion to Niklas Luhmann is a major contribution to analysing the work of one of the greatest social theorists of the twentieth century. This companion provides the latest scholarly interpretations of a thinker who revolutionised the theoretical foundation of the discipline of socio...
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The Lived Experiences of African International Students in the UK
This study presents the findings from an investigation of the lived experiences of international students from sub-Saharan Africa in the United Kingdom. It demonstrates their reactions to immigration rules, the restrictive approaches to employment status, and how their legal consciousness is impa...
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Hijab
Hijab: Word of God or Word of Man? is the most comprehensive and exhaustive study of the subject of the Islamic veil to date. According to Muslim authorities, the Islamic veil is a religious obligation. For them, Muslim women who fail to wear the hijab commit a major sin that merits punishment in...
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Freedom’s Anchor
In Freedom’s Anchor, famed legal commentator Judge Andrew P. Napolitano makes the case for using natural law principles to restrain government. Going back to Aristotle, Augustine, and Aquinas, Judge Napolitano identifies the origins of Natural Law Theory and explains its growth and development in...
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Prison Decongestion in Nigeria
The right to liberty is sacrosanct. In Nigeria, and in Africa generally, however, it is not uncommon for civil rights to be curtailed and even violated by law enforcement agencies under the guise of enforcing the law. This has led to the incarceration of citizens without due process. In many case...
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Sex and Privacy in American Law
Sex and Privacy in American Law presents empirical analyses of civil and criminal state court decisions applying the U.S. Supreme Court’s landmark decision in Lawrence v. Texas. After tracing key historical and legal developments leading up to the Lawrence decision’s decriminalization of sodomy o...
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The Law of Interrogations and Confessions
The Law of Interrogations and Confessions traces the evolution of the primary approaches that U.S. courts have taken to regulating the interrogation of suspects by law enforcement officers. It examines the due process approach to the voluntariness of statements; the short-lived “focus of the inve...
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Fiscal Decentralization and Land Policies
The study of fiscal decentralization has important policy implications for urban growth management, environmental conservation, and property taxation. Fiscal decentralization gives local governments powers to set local taxes and make local expenditures. In many countries local governments also ha...
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Dying to Kill
What motivates suicide bombers in Iraq and around the world? Can winning the hearts and minds of local populations stop them? Will the phenomenon spread to the United States? These vital questions are at the heart of this important book. Mia Bloom examines the use, strategies, successes, and fail...
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Globalizing the Streets
Not since the 1960s have the activities of resistance among lower- and working-class youth caused such anxiety in the international community. Yet today the dispossessed are responding to the challenges of globalization and its methods of social control. The contributors to this volume examine th...
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Wives and Work
It is widely held today that classical Islamic law denies that wives have any obligation to do housework. Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics.
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International Law and the Post-Soviet Space I
The regions that once comprised the Soviet Union have been the scene of crises with serious implications for international law. Legal proceedings in connection with events in the post-Soviet space may be steps toward the resolution of recent crises—or tests of the resiliency of modern internation...
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Urban Climate Law
Aimed at a nonspecialist audience, this book provides concise and comprehensible answers to the core questions cities confront when seeking to develop legally sound local climate policy.
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Land Policies and Their Outcomes
In June 2006 the Lincoln Institute held the first in a series of land policy conferences to address international trends and issues. The goals of this conference were to raise awareness of the importance of land policy in shaping international urban development and to explore research topics in u...
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A Tale of Two Taxes
This book examines the Canadian province of Ontario's 1998 attempt to reform its property tax laws and provides strategies—such as restructuring education finance and introducing a new form of business taxation, at both the provincial and local levels—to help policy makers design a better future.
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The Impact of Off-Label, Compassionate, and Unlicensed Use on Health Care Laws in Preselected Countries
In times of situational therapeutic impasse, health care professionals (HCPs) are under pressure to conduct off-label, unlicensed and compassionate drug use—generally summarized under the term non-licensed drug use (NDU). Liability, contractual and penal risks pose a problem when treating a patie...
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Antitrust and the Formation of the Postwar World
Today antitrust law shapes the policy of almost every large company, no matter where headquartered. But this wasn't always the case. Before World War II, the laws of most industrial countries tolerated and even encouraged cartels, whereas American statutes banned them. In the wake of World War II...
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How They Got Away With It
A team of scholars with backgrounds in criminology, sociology, economics, business, government regulation, and law examine the historical, social, and cultural causes of the 2008 economic crisis. Essays probe the workings of the toxic subprime loan industry, the role of external auditors, the con...
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The Death Penalty in China
Explains what it took to advance reforms to limit death sentences and executions in China while identifying the challenges that prevent more extensive progress
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The Realisation of Concession in the Discourse of Judges
Complementing other studies on judicial discourse, this book investigates previously unexplored areas, focusing on the realisation of Concession in the genre of judgment. In addition to providing a review of approaches to concessivity as well as legal and linguistic perspectives on argumentation,...
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International Law and the Post-Soviet Space II
This volume deals with legal issues concerning Russia’s annexation of Crimea and intervention in the Donbas, so-called ‘frozen conflicts’ and ‘hybrid warfare,’ the use of courts and tribunals to address armed aggression, and the implications of recent events for the security guarantees connected ...
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The New Law School
This collection of essays is a unique contribution to understanding the issues confronting law schools in Central and Eastern Europe and countries of the former Soviet Union as they seek to ensure that their programs meet the needs of 21st century lawyers. The book is unusual in two ways. First, ...
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Heinous Crime
What circumstances lead someone to commit murder, rape, or acts of child molestation? Why does society have such a deep-seated wish for vengeance against perpetrators of heinous crimes? Can those found guilty of such crimes ever be rehabilitated? What are the long-term consequences of incarcerati...
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The Reporter and the Law
The Reporter and the Law is an insider's view of how the legal system and the press work together. Lyle Denniston begins from the premise that the law and its institutions are the public's business and that the journalist's responsibility is to appreciate, understand, and evaluate the legal proce...
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The Tiebout Model at Fifty
This book commemorates the fiftieth anniversary of the publication of Charles Tiebout’s enormously influential article, “A Pure Theory of Local Expenditures,” and honors the contributions of Wallace Oates as expositor and popularizer of the Tiebout model. While Tiebout holds the patent on the hyp...
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Banished to the Homeland
The 1996 U.S. Immigration Reform and Responsibility Act has led to the forcible deportation of tens of thousands of Dominicans from the United States. Following thousands of these individuals over a seven-year period, David C. Brotherton and Luis Barrios use a unique combination of sociological a...
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The Long Arc of Justice
Engaging the whole spectrum of public-policy issues affecting gays and lesbians from a humanistic and philosophical approach, Richard Mohr uses the tools of his trade to assess the logic and ethics of gay rights. Focusing on ideas and values, Mohr's nuanced case for legal and social acceptance ap...
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Basic Documents in Federal Campaign Finance Law
Basic Documents in Federal Campaign Finance Law presents the evolution of the relationship of money and politics in American governance, with a special focus on the regulations and norms which have shaped the current understanding of campaign finance in the United States. It emphasizes the main r...
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The History of the New York Court of Appeals
From 1932 to 2003, the New York Court of Appeals-the highest court in the state- decided crucial cases pertaining to the social and legal issues of the day. The judges' rulings affected laws regarding motion picture censorship; obscenity, indecency, and immorality; religion; capital punishment; t...
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Reshaping the Holy
Through extensive field research, Elora Shehabuddin explores the profound implications of women's political and social mobilization for reshaping Islam. Specifically, she examines the lives of Muslim women in Bangladesh who have become increasingly mobilized by the activities of predominantly sec...
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Poethics and Other Strategies of Law and Literature
A pioneer of the the new law and literature movement narrates its central vision, which he calls poethics: the revival of jurisprudence through literary sources and techniques.
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Law and the Wealth of Nations
Tamara Lothian shows a path to the reconstruction of the economy in the service of both growth and inclusion that would reignite economic growth by democratizing the market. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in ou...
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The Making of Lee Boyd Malvo
In October of 2002, a series of sniper attacks paralyzed the Washington Beltway, turning normally placid gas stations, parking lots, restaurants, and school grounds into chaotic killing fields. After the spree, ten people were dead and several others wounded. The perpetrators were forty-one-year-...
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Weighing the Evidence: Who Killed Gandhi?
This volume brings to light the report of the Kapur Commission, which was appointed by the government of India in 1965 to examine the depth and scope of the conspiracy that lay behind the killing of Gandhi. This three-volume report has been absent from the public domain though it contains invalua...
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Administration of Torture
When the American media published photographs of U.S. soldiers abusing prisoners at Abu Ghraib, the Bush administration assured the world that the abuse was isolated and that the perpetrators would be held accountable. Over the next three years, it refined its narrative at the margins, but by and...
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European Union Private International Labour Law
The European Union as an area of freedom, security, and justice has created a community which adheres to unified laws. In matters regulated by labour law (individual and collective) as well as social security law, the above aim may be met by introducing unified regulations, allowing for identical...
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Law and Biology
The present book is the fifth volume of the series Studies in the Philosophy of Law which has appeared since 2001. The previous three volumes had a monographic character, the last one being devoted to the various issues of bioethics, law, and philosophy and the previous one to the topic of the ec...
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A Citizen’s Guide to the Rule of Law
In our daily lives, we take the rule of law for granted, often failing to recognize threats to it—until it is too late. This citizen’s guide explains in plain language what the rule of law is, why it matters, and why we have to defend it.
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Modern Things on Trial
Leor Halevi tells the story of the Islamic trials of technological and commercial innovations of the late nineteenth and early twentieth centuries. Shedding light on culture, commerce, and consumption in Cairo and other colonial cities, Modern Things on Trial is a groundbreaking account of Islam’...
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Sex Trafficking
Since the publication of Sex Trafficking in 2007, Siddharth Kara has continued to travel across countries and continents, documenting the local factors and economic forces that support sexual slavery worldwide. His riveting encounters with victims and traffickers informed his screenplay for Traff...
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Addressing Rape Reform in Law and Practice
The first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform ...
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Legal Philosophy and the Challenger of Biosciences
The present book is the fourth volume of the series Studies in the Philosophy of Law which has appeared since 2001. The previous two volumes had a monographic character, the last one being devoted to the topic of the economic analysis of law and published in English. The present volume also has a...
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The Immigration Crucible
In the debate over U. S. immigration, all sides now support policy and practice that expand the parameters of enforcement. Philip Kretsedemas examines this development from several different perspectives, exploring recent trends in U.S. immigration policy, the rise in extralegal state power over ...
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A Framework for Immigration
Although stereotypically portrayed as academic and economic achievers, Asian Americans often live in poverty, underserved by human services, undercompensated in the workforce, and subject to discrimination. Although often perceived as a single, homogenous group, there are significant differences ...
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Crime and Punishment
Presents an issue devoted to exploring humanistic perspectives on the subject of punishment. This book explores the way deviant subjects are constructed and made available for punishment, the philosophical context within which decisions about punishment are made, and the inner workings of the pen...
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International Business Law and Lex Mercatoria
Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice.
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ICE Manual of Construction Law
Written for non-lawyers by experts from the largest specialist construction law firms and leaders from within the construction industry, this book considers the practical and commercial implications of case law and legislation and delivers practical guidance and a breadth of knowledge that is unr...
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The Social Organization of Law
Talks about the work done in the sociology of law, a field dedicated to the study of the influence of social factors on legal behavior. This book looks at the operation of the justice systems and at various stages of the legal process. It also illustrates the advances in jurisprudential, moral, a...
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Cultural Expertise and Socio-Legal Studies
In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody...
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Intellectual Property and Doing Business in China
An intellectual property (IP) system was established in China in 1985. Systematic studies of the subject are still scarce, especially from a corporate management perspective and this book attempts to fill in the gap.
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