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Adriana Cavarero: Resistance and the Voice of Law (Nomikoi: Critical Legal Thinkers)
by Elisabetta R. BertolinoCritical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice.
ADR in Employment Law
by Stephen Hardy Jerry Gibson Chris ChapmanFirst published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Adorno's Practical Philosophy
by Fabian FreyenhagenAdorno notoriously asserted that there is no 'right' life in our current social world. This assertion has contributed to the widespread perception that his philosophy has no practical import or coherent ethics, and he is often accused of being too negative. Fabian Freyenhagen reconstructs and defends Adorno's practical philosophy in response to these charges. He argues that Adorno's deep pessimism about the contemporary social world is coupled with a strong optimism about human potential, and that this optimism explains his negative views about the social world, and his demand that we resist and change it. He shows that Adorno holds a substantive ethics, albeit one that is minimalist and based on a pluralist conception of the bad - a guide for living less wrongly. His incisive study does much to advance our understanding of Adorno, and is also an important intervention into current debates in moral philosophy.
Adoption of EU Business and Human Rights Policy: The Use of Discretion in the National Transposition of EU Directives (Contributions to Political Science)
by Peter DrahnThis book explores how and why the transposition of EU directives in the new and contentious policy area ‘Business and Human Rights’ differs between member states. It reveals the extent to which individual member states are pursuing diverging approaches in dealing with the ‘discretionary space’ in EU directives, and highlights theoretical and political explanations. Drawing on historical institutionalism and rational choice institutionalism, the book establishes a link between the degree of corporatism in a given political economy and government behaviour in terms of Business and Human Rights policy. Moreover, it identifies political salience within the policy subsystem as a pertinent factor for explaining national transposition outcomes.
Adoption Law and Human Rights: International Perspectives (Human Rights and International Law)
by Kerry O'HalloranIn recent decades, there have been many changes to adoption law and practice, such as a sharp decline in the voluntary relinquishment of children, an increase in the number consigned to public care, and an abrupt decrease in those made available on an intercountry basis. Additionally, human rights are becoming more prominent, particularly in relation to issues such as: non-consensual adoption; the ethics of intercountry adoption; the eligibility of LGBT adopters; the impact of commercial surrogacy; and the sometimes conflicting rights of birth parents and adoptees when accessing agency birth records. In this book, O’Halloran presents a comparative analysis of the interaction between adoption law and human rights in common law (England and the US), civil law (France and Germany), and Asiatic traditions (Japan and China), while also developing a matrix of legal functions to assist in identifying and analysing areas of tension between human rights and adoption. This book is intended for a lawyer readership, whether professional, student or academic: researchers and postgraduate students in subjects such as social work, social policy and politics may also find it helpful.
Adoption in the Roman World
by Hugh LindsayAdoption in other cultures and other times provides a background to understanding the operation of adoption in the Roman worlds. This book considers the relationship of adoption to kinship structures in the Greek and Roman world. It considers the procedures for adoption followed by a separate analysis of testamentary cases, and the impact of adoption on nomenclature. The impact of adoption on inheritance arrangements is considered, including an account of how the families of freedmen were affected. Its use as a mode of succession at Rome is detailed, and this helps to understand the anxiety of childless Romans to procure a son through adoption, rather than simply to nominate heirs in their wills. The strategy also had political uses, and importantly it was used to rearrange natural succession in the imperial family. The book concludes with political adoptions, looking at the detailed case studies of Clodius and Octavian.
Adoption Deception: A Personal and Professional Journey
by Penny MackiesonHave you ever wondered how it might feel to have been adopted in Australia during the pre-1980s era in which vulnerable young mothers were coerced into relinquishing their babies? How it might feel to have grown up, become a social worker and worked with vulnerable children and families? This book provides answers to those difficult questions. Adoption Deception presents the personal and professional reflections of Penny Mackieson, an Australian adoptee and social worker, on issues associated with adoption - many of which are shared with donor conception and surrogacy. For anyone with an experience of or interest in adoption, whether personal or professional, who is open to perspectives other than those selectively portrayed by populist mainstream media, this book will provide invaluable insights.
Adoption and Law: The Unique Personal Experiences of Birth Mothers in Adoption Proceedings
by Lisamarie DeblasioUsing a socio-legal framework, this book explores the experiences that birth mothers face in state sanctioned adoption proceedings in the UK. Featuring personal, in-depth interviews and conversations with 32 birth mothers, the book highlights perspectives and voices that are seldom the focus in leading discourses of professional practice in this area of law. The book also demands that the statutory rights, support and care of birth mothers are recognised and strengthened.This book delivers a comprehensive insight into many aspects and controversies of legal child adoption, including the development and reform of adoption law over history, giving the reader insight into the deep-rooted political and social tensions around the use of adoption. The uniqueness of birth mothers’ subjective stories of adoption contrasts powerfully with the legal theory providing the reader with an intimate paradigm of adoption.The book includes discussion of obiter dicta and authoritative guidance on adoption practice from the Supreme Court and Court of Appeal in Re B (A Child) (Care Proceedings: Appeal) [2013] UKSC 33 and Re B-S (Children) (Adoption: Leave to Oppose) [2013] EWCA Civ 1146. It also considers Court of Appeal’s recent ruling on post adoption contact in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29, the first case to come before the court since section 9 of the Children and Families Act 2014 amended the Adoption and Children Act 2002, with the new insertion of section 51A and 51B providing for court ordered post adoption contact. This book is ideally suited to undergraduate students, as well as a more multi- disciplinary audience.
The Adopted Dog Bible: Your One-Stop Resource for Choosing, Training, and Caring for Your Sheltered or Rescued Dog
by Petfinder.com Kim SaundersThe old rules don't always apply to adopted dogs, whose training, past behaviors, and health histories may be a mystery. At last, here's the one-stop bible that acknowledges their special needs and covers every detail of daily life. In chapters reviewed by experts in veterinary medicine, nutrition, and training, pet parents will learn:Where to find your perfect canine companionAll about breeds and mixed breeds and how you can adopt any type of dogSmart guidelines for adoption success Realistic expenses of dog care What to expect when you bring your new pup home (and long after) How to prevent runaways and protect your dog from all types of harmClicker, target stick, and other re-training methodsHumane ways to modify undesirable behaviorsHow to introduce new diets and take the guesswork out of feedingHolistic and conventional medical treatments Daily hygiene and caring for your sick pup inside and outThe impact of travel and changes at homeWhat to do when it's time to say good-byePlus recipes, doggy workouts, heartwarming true stories of adopted dogs and their happy parents, information on saving dogs on a larger scale, and much, much more!
Adolescents, Crime, and the Media: A Critical Analysis (Advancing Responsible Adolescent Development)
by Christopher J. FergusonA campus shooting. A gang assault. A school bus ambush. With each successive event, fingers are pointed at the usual suspects: violent films, bloody video games, explicit web sites. But to what extent can--or should--the media be implicated in youth crime? And are today's sophisticated young people really that susceptible to their influence? Adolescents, Crime, and the Media critically examines perceptions of these phenomena through the lens of the ongoing relationship between generations of adults and youth. A wealth of research findings transcends the standard nature/nurture debate, analyzing media effects on young people's behavior, brain development in adolescence, ways adults can be misled about youth's participation in criminal acts, and how science can be manipulated by prevailing attitudes toward youth. The author strikes a necessary balance between the viewpoints of media providers and those seeking to restrict media or young people's access to them. And the book brings scientific and intellectual rigor to culturally and politically charged issues as it covers: Violence in the media.Media portrayals of crime and youth.Research on violent television programs, video games, and other media as causes of crime.Effects of pornography on behavior.Public policy, censorship, and First Amendment issues.Adolescents, Crime, and the Media is an essential resource for researchers, graduate students, professionals, and clinicians across such interrelated disciplines as developmental psychology, sociology, educational policy, criminology/criminal justice, child and school psychology, and media law.
Adolescence, Sexuality, and the Criminal Law: Multidisciplinary Perspectives
by Vern L BulloughGain an understanding of the threat to freedom that is posed by state regulation of adolescent sexual behaviorSexual autonomy encompasses both the right to engage in wanted sexual activity and the right to be free and protected from unwanted sexual aggression. Only when both aspects of adolescents&’ rights are recognized can human sexual dignity be fully respected. In Adolescence, Sexuality, and the Criminal Law, experts from several disciplines use case studies, legal analysis, empirical examinations, and tables and figures to provide you with an insightful contribution to the debate surrounding child sexual abuse.Much has been written about the undisputedly essential fight against child sexual exploitation. In Adolescence, Sexuality, and the Criminal Law, experts investigate for the first time what distinguishes the sexual contacts of adolescents from those of children and why they should be treated separately. This updated version of the papers delivered to the International Association for the Treatment of Sex Offenders in 2002 is an essential guide for lawmakers, sexologists, psychologists, and lawyers interested in an interdisciplinary approach to adolescent sexuality and the criminal law. This resource carefully examines child sexual abuse laws that fail to distinguish between children and adolescents. The text includes discussions of the history of the age of consent, adolescent sexuality, relations between adolescents and adults, and adolescent prostitution and pornography that will leave you better informed about the sexual rights of adolescents and the criminal politics of youth protection.Adolescence, Sexuality, and the Criminal Law examines adolescent sexuality and the various policies that threaten adolescents&’ autonomy, including: the question of youthful sexuality and how society has attempted to deal with it recent attempts to deny youthful sexuality through abstinence or changes in the law intergenerational sexual interaction child pornography and much more!As the debate surrounding child sexual abuse laws escalates, the value of this authoritative and timely text will continue to increase. Whether you are a lawmaker, a sexologist, a social worker, a lawmaker, or a lawyer, Adolescence, Sexuality, and the Criminal Law is a resource that you&’ll return to again and again as you work to understand the importance of adolescent sexual rights.
Adolescence, Discrimination, and the Law: Addressing Dramatic Shifts in Equality Jurisprudence
by Roger J.R. LevesqueExplores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.
Admissions Secrets of the Best Law Schools: The Former Harvard Dean of Admissions Reveals the Insider Keys to Getting In
by Joyce CurllThe ULTIMATE Insider Information on How to STAND OUT and GET ADMITTED! When trying to beat the tough law school competition, how do you know what will get you fast-tracked to the "yes" pile (or the dreaded "no" pile)? No insider is better suited to set you on the right track than Joyce Putnam Curll, former Dean of Admissions for Harvard Law School. The Best Law Schools' Admissions Secrets is the ultimate collection of insider advice, direct from one of the country's toughest admissions boardrooms. Joyce Putnam Curll gives you all the tips and techniques you need to stay ahead...
Admissions: A Life in Brain Surgery
by Henry Marsh'Sensational' SUNDAY TIMES NO. BESTSELLER'Extraordinary...both exhilarating and alarming...fascinating' DAILY MAIL'Wonderful...a testament to the tenacity of the human spirit' FINANCIAL TIMESHenry Marsh has spent four decades operating on the human brain. In this searing and provocative memoir following his retirement from the NHS, he reflects on the experiences that have shaped his career and life, gaining a deeper understanding of what matters to us all in the end.Written and read by Dr Henry Marsh(p) 2017 Orion Publishing Group
Admissions: A Life in Brain Surgery
by Henry Marsh'Sensational' SUNDAY TIMES NO. BESTSELLER'Extraordinary...both exhilarating and alarming...fascinating' DAILY MAIL'Wonderful...a testament to the tenacity of the human spirit' FINANCIAL TIMESHenry Marsh has spent four decades operating on the human brain. In this searing and provocative memoir following his retirement from the NHS, he reflects on the experiences that have shaped his career and life, gaining a deeper understanding of what matters to us all in the end.
Admissibility of Shareholder Claims under Investment Treaties
by Gabriel BottiniThis book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
Admiralty Jurisdiction and Practice (Lloyd's Shipping Law Library)
by Nigel Meeson John KimbellAdmiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today’s maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.
Administrative Litigation Systems in Greater China and Europe (The Rule of Law in China and Comparative Perspectives #2)
by Yuwen LiAdministrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.
Administrative Law in the Political System
by Kenneth F. WarrenEmphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System provides students with an informed and accessible overview of a difficult subject matter.
Administrative Law in the Political System
by Kenneth F. WarrenWarren (political science, St. Louis U. ) provides a revised and updated fifth edition of his textbook on American administrative law. The author emphasizes that administrative law needs to be understood in the context of the political system and explains how it influences, guides and confines the actions of government administrative agencies. This edition includes about 100 new and current cases and in it the author treats administrative law from the perspective of the political climate of the Obama administration. Comprehensive coverage also includes views of the topic from the perspective of legislators, administrators, and the public. Annotation ©2010 Book News, Inc. , Portland, OR (booknews. com)
Administrative Law in the Political Sys
by Kenneth F WarrenEmphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public.Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System provides students with an informed and accessible overview of difficult subject matter.
Administrative Law in Hong Kong
by Stephen ThomsonA new text providing the most comprehensive and up-to-date coverage of administrative law in Hong Kong. It includes original commentary on judicial review, administrative tribunals, the Ombudsman, Commissions of Inquiry, the Legislative Council Redress System, the Independent Commission Against Corruption, the Equal Opportunities Commission, the Privacy Commissioner for Personal Data, the Audit Commission, subsidiary legislation and more. Drawing on law, policy and practice, it offers detailed analysis while maintaining accessibility, charting developments as Hong Kong continues to evolve as a Special Administrative Region of the People's Republic of China. Administrative Law in Hong Kong is essential reading for practitioners, academics and students with an interest in public law, governance and administration.
Administrative Law for the 21st Century: Administrative Law on an Illiberal and Post-Democratic Context
by Suzana Tavares da SilvaThe book provides a discursive reflection on the current challenges facing administrative law, based on a key idea: the defence of the liberal model of society.The author describes the content of her book as a turning point on the traditional standards of the rule of law and the way it impacts on the administrative state and administrative law. Considering the current use (and abuse) of emergency law by governments – based on economic crisis, environmental crisis, pandemic, and the economic situation caused by the Ukraine war – she devises a different balance or equilibrium on the usual separation of powers. Many reasons contribute to this turning point: i) the weaknesses of an open society easily swayed by social networks; ii) social “tribalism” replaces common good and general interest; iii) social tribalism leads to illiberal society, which causes illiberal democracies; iv) illiberal democracies lead to ungovernability which reinforces the role of the government, the emergency law, and some de facto measures.The author looks at many recent decisions from the ECJ and the ECHR and some constitutional and administrative courts, which extends the interest of this work to a wide range of professionals, from scholars to students, from judges to lawyers, filling the gap from an administrative law perspective of the current issues.
Administrative Law for Public Managers 2nd Edition
by David H. RosenbloomAdministrative Law for Public Managers a comprehensive guide to the essentials that public managers need to know about administrative law--why we have administrative law, the constitutional constraints on public administration, and administrative law’s frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, emphasizing how various administrative law provisions promote their underlying goal of improving the fit between public administration and U. S. democratic-constitutionalism. The second edition has been thoroughly revised to include more on state administrative law, as well as an expanded discussion of procedural due process. It has also been updated to include the major statutes, court cases, executive orders and other major executive initiatives since 2003. The addition of discussion questions makes this an even more valuable resource for public administration classrooms and students. Organized around federal administrative law, Administrative Law for Public Managers explains the fundamentals of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.
Administrative Law for Public Managers: Essentials of Public Policy Administration
by David H. RosenbloomArgues that administrative law has such a major impact on public administration that it cannot be left to the lawyers alone