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Victim Reparation under the Ius Post Bellum: An Historical and Normative Perspective (Cambridge Studies in International and Comparative Law #139)
by Shavana MusaVictim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.
The Liability of the Holding Company for the Debts of its Insolvent Subsidiaries
by Andrew MuscatThis work deals with the liability of the holding company for the debts of its insolvent subsidiaries. In analyzing the current position under English law, the work challenges as outmoded and inadequate the virtual dogma that a holding company is not answerable for the debts of its insolvent subsidiaries. The study identifies four separate and distinct types of behavioural practices within corporate groups which may prejudice the interests of external creditors or otherwise constitute an abuse of the corporate form; the subservient subsidiary situation; the inadequately financed subsidiary situation; the integrated economic enterprise situation; and the group persona situation. After weighing the various arguments for and against a change in the law and concluding that reform is called for, the study proceeds to submit some radical proposals for reform. The basic thrust of the reform proposals is that in a number of well-defined situations entity law should give way to an enterprise analysis and holding company liability should be imposed for the debts of insolvent subsidiaries.
Principles of Sustainable Development
by F. Douglas MuschettThis book brings together the collective thinking, ecological perspectives, and experiences of individuals from air quality, land use and transportation disciplines who are working to advance and operationalize sustainable development.
Kidnapped by a Client: The Incredible True Story of an Attorney's Fight for Justice
by Sharon R. Muse&“He promised to kill me when he got out. I believed him. If I wanted justice, I had to fight both him and the courts...maybe kill him first. If I didn&’t do something, I was going to die.&” This is not a manufactured dialogue from a thriller but the words of attorney Sharon Muse. They came after she survived an attempted kidnapping, rape, and murder at the hands of Larry Morrison, a former client. On April 7, 2006, Muse miraculously escaped from the sociopathic Morrison, only to find that the threat to her life was just beginning. Ineptitude in the justice system threatened to release Morrison and allow him the opportunity to finish the job, which he adamantly pledged to do. Muse would have to fight at every step to ensure her safety. Muse would act as her own advocate, investigator, legal counsel, and bodyguard in the years following the event. Kidnapped by a Client covers the brutal kidnapping, two trials, two appeals, procedural errors galore, one Supreme Court reversal, and even Muse&’s intricate plan to murder Morrison before he could get to her. Muse would not ultimately execute that plan, and she would emerge victorious in the legal battle thanks to her faith and her own determination and legal acumen. But her safety is not ensured: Morrison is up for parole in 2026. Muse regularly monitors his status. Muse recounts her stranger-than-fiction story in Kidnapped by a Client. Muse analyzes the failures of the legal system, the mistakes she made, the steps she took to protect herself, and how she has coped with trauma. Readers will find not only a compelling narrative, but also insight into how to protect oneself and ensure one&’s own safety and well-being.
Environmental Management: Environmental Issues, Awareness and Abatement
by Basharat Mushtaq Suhaib A. Bandh Sana ShafiIn the current age of science and technology, our lives have become dominated by countless scientific and technological innovations without which the earth would be a much poorer place. Life as we know would become absolutely bleak and boring without the inventions and advances being made all over the globe. In fact, scientific inventions, discoveries and innovations have ushered in a dramatic revolution in virtually every sphere of life. But at the same time, the skewed use of technology is at loggerheads with the environment. We, and our environment, now face a number of critical challenges and it is in response to this that we wrote this book to raise awareness for environmental issues and related management aspects. With a primary focus on Environmental Management – the rational reconciliation of man and nature, which involves the judicious exploitation and utilization of natural resources without disturbing the ecosystem’s balance – it will thus help to improve the relationship between man and environment. Moreover, it offers a wealth of ready-to-use material for advanced undergraduate and graduate students of Environment and Water Management. The book systematically addresses a range of key aspects, e.g. scientific principles, methods and ideas, as well as life-long learning skills for students. Further, it provides a solid foundation for applying scientific approaches to environmental problems.
Digital Communication and Populism in Times of Covid-19: Cases, Strategies, Examples (Studies in Digital Politics and Governance)
by Magdalena Musiał-Karg Óscar G. LuengoThis book examines different dimensions of digital communication and populism in times of the COVID-19 pandemic. While doing so, it discusses views, opinions, and research results regarding the conditions, experiences, constraints, benefits, and challenges related to the topic - not only using theoretical and methodological approaches but also practical perspectives. The COVID-19 (SARS-CoV-2) pandemic significantly accelerated the technological revolution presenting many social, economic, and political challenges, as it pushed the world into cyberspace to ensure social distancing. At the same time, many populist protests expressed in the digital public sphere massively gained importance during the lockdowns. As a result, one of the most significant consequences of using electronic tools is not only greater e-participation of citizens, but - especially evident through elections during a pandemic - even greater transfer of political communication and election campaigns into the space of new media. The book broadly analyses various contexts of digitalization of communication processes and populist politics from both theoretical and empirical perspectives in various case studies on the digitalization of information, communication, or participation processes during the COVID-19 pandemic in selected European countries and beyond. This book will appeal to students, researchers, and scholars of political communication, political science, electoral studies, digital politics, and democracy, as well as policy-makers interested in a better understanding of digital communication and populism during the Covid-19 pandemic.
Digitalization of Democratic Processes in Europe: Southern and Central Europe in Comparative Perspective (Studies in Digital Politics and Governance)
by Magdalena Musiał-Karg Óscar G. LuengoThis book explores the digital transformations of democracy and democratic societies. It examines the various challenges posed by these transformations in the context of political practice and to theoreticians of democracy and political communication. The authors present studies from different countries, related to various effects of digitalization processes. Topics covered include, but are not limited to: Innovation in civil society research, new forms of civic participation, new dimensions of democratization and local governance processes, political changes and public participation, civic and political activities, political campaigning or other phenomenon driven by the implementation of information and communications technology (ICT) into politics. Therefore, the book is a must-read for all scholars and researchers of political science, practitioners, and policy-makers, interested in a better understanding of digital politics, digitalization processes, and democracy in general.
How to Account for Sustainability: A Simple Guide to Measuring and Managing (Doshorts Ser.)
by Laura MusikanskiLearn how to measure, manage and account for sustainability in your business in clear, simple and feasible steps.This book takes you from concept to innovation and back to action items for all aspects of sustainability. Each chapter has four sections: (1) a specific description of sustainability challenges, (2) an example of a business making a profit by sustainability problem, (3) an exercise challenging the reader to identify business solutions and (4) clear, simple takeaways.The book is structured around the world’s most accepted guidelines for sustainability reporting, the Global Reporting Initiative.
Das Recht der Berliner Verwaltung: Unter Berücksichtigung kommunalrechtlicher Bezüge (Springer-Lehrbuch)
by Andreas Musil Sören KirchnerDer Stadtstaat Berlin weist eine von den Flächenländern stark abweichende organisatorische Struktur auf. Insbesondere gibt es keine Gemeinden, sondern nur Bezirke ohne eigene Rechtspersönlichkeit. Die Besonderheiten Berlins werden anhand eines Vergleichs mit dem Kommunalrecht der Flächenländer aufgezeigt. Dabei findet die aktuelle Rechtsprechung und Literatur mit Bezug zur Berliner Verwaltung eine vollständige Berücksichtigung. Der weiteren Vertiefung dienen Übungsfälle aus der Rechtsprechung der Berliner Gerichte. Das Buch richtet sich vor allem an Studenten der Rechtswissenschaft und Rechtsreferendare, aber auch für Praktiker ist es als Nachschlagewerk von großem Nutzen. TOC:Einführung - Stellung des Stadtstaates Berlin in der kommunalrechtlichen "Landschaft" der Bundesrepublik. - Die Rechtsstellung der Berliner Bezirke - Folgerungen aus ihrer fehlenden Rechtspersönlichkeit. - Aufgabenverteilung zwischen Bezirken und Hauptverwaltung. - Instrumente und Formen bezirklicher Aufgabenerledigung. - Das Recht öffentlicher Einrichtungen in Berlin. - Finanzierung der Bezirke. - Gemeindewirtschaftsrecht und Berliner Besonderheiten. - Die Bezirksverfassung. - Die Bezirksaufsicht - insbesondere das Eingriffsrecht.
Das Recht der Berliner Verwaltung: Unter Berücksichtigung kommunalrechtlicher Bezüge (Springer-Lehrbuch)
by Andreas Musil Sören KirchnerDie organisatorische Struktur Berlins kennt keine Gemeinden, sondern nur Bezirke ohne eigene Rechtspersönlichkeit. Diese Besonderheiten werden anhand eines Vergleichs mit dem Kommunalrecht der Flächenländer aufgezeigt. Dabei werden aktuelle Rechtsprechung und relevante Literatur umfassend berücksichtigt. Anhand von Übungsfällen aus der Rechtsprechung kann der Stoff vertieft werden. Das Lehrbuch richtet sich vor allem an Studierende der Rechtswissenschaft und Rechtsreferendare, ist aber auch für Praktiker als Nachschlagewerk von Nutzen.
That One Should Disdain Hardships: The Teachings of a Roman Stoic
by Musonius RufusPerennial wisdom from one of history&’s most important Stoic teachers The Stoic philosopher Musonius Rufus was one of the most influential teachers of his era, imperial Rome, and his message still resonates with startling clarity today. Alongside Stoics like Seneca, Epictetus, and Marcus Aurelius, he emphasized ethics in action, displayed in all aspects of life. Merely learning philosophical doctrine and listening to lectures, they believed, will not do one any good unless one manages to interiorize the teachings and apply them to daily life. In Musonius Rufus&’s words, &“Philosophy is nothing else than to search out by reason what is right and proper and by deeds to put it into practice.&” At a time of renewed interest in Stoicism, this collection of Musonius Rufus&’s lectures and sayings, beautifully translated by Cora E. Lutz and introduced by Gretchen Reydams-Schils, offers readers access to the thought of one of history&’s most influential and remarkable Stoic thinkers.
Jurisdiction in Deleuze: The Expression And Representation Of Law
by Edward MussawirJurisdiction in Deleuze: The Expression and Representation of Law explores an affinity between the philosophy of Gilles Deleuze and jurisprudence as a tradition of technical legal thought. The author addresses and reopens a central aesthetic problem in jurisprudence: the difference between the expression and the representation of law. Deleuze is taken as offering not just an important methodological recovery of an ‘expressionism’ in philosophy – specifically through Nietzsche and Spinoza – but also a surprisingly practical jurisprudence which recasts the major technical terms of jurisdiction (persons, things and actions) in terms of their distinctively expressive or performative modalities. In paying attention to law’s expression, Deleuze is thus shown to offer an account of how meaning may attach to the instrument and medium of law and how legal desire may be registered within the texture and technology of jurisdiction. Contributing both to a renewed transposition of Deleuze into contemporary legal theory, as well as to an emerging interest in law’s technology, institution and instrumentality in critical legal studies, Jurisdiction in Deleuze will be of considerable interest.
What Makes Us Moral? On the capacities and conditions for being moral
by Bert Musschenga Anton Van HarskampThis book addresses the question of what it means to be moral and which capacities one needs to be moral. It questions whether empathy is a cognitive or an affective capacity, or perhaps both. As most moral beings behave immorally from time to time, the authors ask which factors cause or motivate people to translate their moral beliefs into action? Specially addressed is the question of what is the role of internal factors such as willpower, commitment, character, and what is the role of external, situational and structural factors? The questions are considered from various (disciplinary) perspectives.
Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence (Studies in the History of Law and Justice #12)
by Ulrike MüßigThis second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Contractor Health and Safety Compliance for Small to Medium-Sized Construction Companies
by Zakari Mustapha Clinton Aigbavboa Wellington ThwalaThis book explores the formation of small and medium-sized construction company's (SME) compliance with health and safety issues in developing countries. Little has been written about the formation of SME contractors' health and safety compliance for developing countries, especially, in the sub-sahara regions where construction and infrastructure development activities have significantly increased in order to serve the development mandate of those countries. Thus, this book will provides insight into construction safety for SMEs, as well as health and safety compliance, and its policy implementation trends and development.
The American Disease
by David F. MustoThe American Disease is a classic study of the development of drug laws in the United States.
Feminist Judgments: Reproductive Justice Rewritten (Feminist Judgment Series: Rewritten Judicial Opinions)
by Kimberly M. MutchersonReproductive justice (RJ) is a pivotal movement that supplants the language and limitations of reproductive rights. RJ's tenets are that women have the human rights to decide if or when they'll become pregnant, whether to carry a pregnancy to term, and to parent the children they have in safe and healthy environments. Recognizing the importance of the rights at stake when the law addresses parenting and procreation, the authors in this book re-imagine judicial opinions that address the law's treatment of pregnancy and parenting. The cases cover topics such as forced sterilization, pregnancy discrimination, criminal penalties for women who take illegal drugs while pregnant, and state funding for abortion. Though some of the re-imagined cases come to the same conclusions as the originals, each rewritten opinion analyzes how these cases impact the most vulnerable populations, including people with disabilities, poor women, and women of color.
Base of the Pyramid Markets in Africa: Innovation and Challenges to Sustainability (Innovation and Sustainability in Base of the Pyramid Markets)
by Judy N. MuthuriThis book focuses on the Base of the Pyramid (BOP) in Africa and examines the role of the private sector in the fight against poverty. The BOP concept, which is a market-based approach to poverty eradication, presents a great avenue for businesses to develop opportunities and new business models that enable and empower those in the BOP population in Africa to raise their socio-economic welfare and well-being. The BOP market and the business interest in the BOP in Africa is rising. This book furthers our understanding of the characteristics of BOP markets in Africa, and the challenges and opportunities to address poverty and development in a sustainable manner. The book covers various themes of BOP markets and their embeddedness in social-cultural settings in Africa. The different chapters employ a variety of theoretical and methodological approaches to advance research and practice of BOP in Africa. The book chapters reflect multiple diversities that characterise sub-Saharan Africa based on studies in 13 country contexts and from five industry sectors. This book is recommended reading for managers and policy makers, as well as students and academics interested in Base of the Pyramid markets.
Empirical Gap in Jurisprudence: A Comprehensive Study of the Supreme Court of Canada
by Daved MuttartIn jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution.Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples.
E-Governance in India: The Progress Status
by Sunil K. Muttoo Rajan Gupta Saibal K. PalThe book discusses the concepts of E-Governance from the understanding of a naïve user. While providing introduction to the concept, it shows the status of E-Governance in India through various measures, and its progress through different case studies. The historical development of E-Governance around the world and its rise in few developed and developing nations have also been discussed. The book also elaborates the establishment of E-Governance in India in detail and then compares the progress in Indian states through different measures and metrics. The structure of the E-Governance in India has been explained, including the explanation of the details related to National E-Governance Plan. The book is a combination of theoretical and practical concepts defined over various aspects of E-Governance in India. This book serves as the first stage reading material for any individual working in the Indian region on E-Governance.
Consumers, Society and Marketing: A Sustainability Perspective (CSR, Sustainability, Ethics & Governance)
by Dilip S. Mutum Ezlika M. GhazaliEnvironment and social responsibility are paramount for any modern business strategy, and the field of marketing is adapting itself to the new focus on sustainability. The study of the interface between consumers, society, and marketing is crucial for understanding the complex interactions between individuals and the products and services they consume and the resulting implications. In this book, the authors delve into the latest research and theories on the subject, providing insight into the various factors that shape consumer behavior and the broader impacts of marketing on society. Whether you are a student, professional, or simply curious about the topic, this book will provide a valuable resource for your learning and exploration. Instead of treating ethical foundations and critical marketing perspectives separately, this book merges them and takes a broader sustainability perspective. It examines the various ways in which businesses are incorporating sustainability into their marketing strategies, and the impact these efforts are having on consumers, the economy, and the planet. Topics covered in this book include: Evolution of marketing thoughtCritique of marketingSustainable marketingSocial marketingEvolving consumer representations and roles, and many more
The Politics of Intellectual Property Rights and Access to Medicines
by Valbona MuzakaThis book shows why contests over intellectual property rights and access to affordable medicines emerged in the 1990s and how they have been 'resolved' so far. It argues that the current arrangement mainly ensures wealth for some rather than health for all, and points to broader concerns related to governing intellectual property solely as capital
Black Iconography and Colonial (re)production at the ICC: (In)dependence Cha Cha Cha?
by Stanley Mwangi WanjiruThis book explores the reproduction of colonialism at the International Criminal Court (ICC), and examines International criminal law (ICL) vs the Black body through an immersive format of Art, Music, Poetry, and Architecture and post-colonial/critical race theory lens. Taking a multi-disciplinary approach, the book interrogates the operationalization of the Rome statute to detail a Eurocentric hegemony at the core of ICL. It explores how colonialism and slavery have come to shape ICL, exposing the perpetuation of the colonial and warns that it heralds ominous contemporary and future implications for Africa. As currently envisaged and acted out at the ICC, this law is founded on deceptive and colonial ideas of ‘what is wrong’ in/with the world. The book finds that the contemporary ICL regime is founded on white supremacy that corrupts the law’s interaction with the African. The African is but a unit utilised by the global elite to exploit and extract. From time to time, these alliances disintegrate with ICL becoming a retaliatory tool of choice. What is at stake, is power, not justice. This power is hierarchical with Eurocentrism at the top throughout modern history. Colonialism is seen not to have ended but to have regerminated through the foundation of the ‘independent’ African state. The ICC reproduces the colonial by use of European law, and ultimately the over representation of the black accused. To conclude, the book provides a liberated African forum that can address conflicts in the content, with a call for the end of the ICC’s involvement in Africa. The demand is made for an African Court that utilises non-colonising African norms which are uniquely suited to address local conflicts. Multidisciplinary in nature, this book will be of great interest to students and scholars of International Criminal Law, Criminal Justice, Human Rights Law, African Studies, Global Social Justice, Sociology, Anthropology, Postcolonial Studies, and Philosophy.
Doctoral Degree Programs in Law: An International and Comparative Study of the English-Speaking World (SpringerBriefs in Law)
by Kenneth K. MwendaThis book offers a critical and insightful study of various doctoral programs in law, focusing on the English-speaking world. That the structures of doctoral degree programs in law differ between the United States and much of the Commonwealth are an issue that requires no debate. What is missing in the discourse, however, is a narrative on how these programs are structured and how they compare. This book attempts to fill that gap. A key objective of the study is to provide an international and comparative analysis of the efficacy of the American- and British-styled models of law doctorates. In so doing, it provides a conceptual and theoretical framework for the development of effective doctoral programs in law, contending that the defining characteristic of a doctorate is that it recognizes an independent contribution to the subject rather than the completion of taught coursework, however, advanced. The book goes on to examine the concept of a higher doctorate in law as a possible means of strengthening the concept of a law doctorate in legal academia.This book was written against the backdrop of the recently adopted Global Convention on the Recognition of Qualifications concerning higher education. It was adopted by the UNESCO General Conference in Paris on November 25, 2019, making it the first United Nations treaty on higher education with a global scope. The target audience of the book includes scholars in higher education; scholars in legal education; law school deans and administrators; law professors and students; Ministries of Higher Education in countries around the globe; accrediting agencies for doctoral studies; bar admission and legal education societies; and UNESCO and other international organizations.
Economics and Property
by Danny MyersThis text focuses on the introduction of economic principles to provide an understanding of the commercial and residential property sectors and the markets for development, construction and occupation of property.Economics and Property supports students following property economics courses leading to a career in the property profession. Experience suggests that economics can initially be perceived as challenging; this book makes the subject clear and comprehensible.Extracts and examples from the Estates Gazette and its electronic archive EGi are used to provide examples and raise questions for discussion. Glossaries, key learning points and a clear layout make this book the best introduction to economics for the property profession.