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Reforming Antitrust
by Alan J. DevlinIndustrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.
Reforming Capitalism: The Scientific Worldview and Business (Routledge Studies in Business Ethics)
by Rogene BuchholzThis book examines the role that the traditional understanding of science plays in how we understand the capitalistic system and how it informs business and business school education. Science serves many purposes in business organizations; it is much more than just a method to gain knowledge about business problems. It acculturates students to a certain way of thinking about the world and provides a rationale for the things business does and a justification for its purposes in society. It then utilizes the philosophy of Classical American Pragmatism to view science in a different manner, reconceptualizing the multiple environments in which business functions. Author Rogene Buchholz traces the implications of this view for our understanding of the corporation, how science is used in business organizations, the recent financial crisis, and finally what it means for management and management education. No other book examines capitalism and the business system from this unique and timely perspective.
Reforming European Data Protection Law
by Serge Gutwirth Ronald Leenes Paul De HertThis book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Reforming Justice
by Livingston Armytage'Reforming Justice' calls for justice to be repositioned more centrally in evolving notions of equitable development. Justice is fundamental to human well being and essential to development. Over the past fifty years, however, overseas development assistance - foreign aid - has grappled with the challenge of improving 'the rule of law' with underwhelming and often dismal results around the world. Development agencies have supported legal and judicial reforms in order to improve economic growth and good governance, but are yet to address mounting concerns about equity and distribution. Building on new evidence from Asia, Livingston Armytage argues that it is now time to realign the approach to promote justice as fairness and equity.
Reforming Juvenile Justice
by Julie Schuck Division of Behavioral and Social Sciences and Education National Research Council Robert L. Johnson Richard J. Bonnie Committee on Assessing Juvenile Justice Reform Committee on Law and Justice Betty M. ChemersAdolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Reforming Local Government: Consolidation, Cooperation, or Re-creation?
by Joseph DrewThis book is a bold prescription for local government reform that moves well beyond the old arguments regarding consolidations (also referred to as amalgamations) and co-operation (sometimes referred to as shared services) to paint a picture of an efficient, effective tier of government that strikes a balance between the right of persons to pursue their existential ends and the need to promote the common good. The book presents a system of local government that balances human dignity with the common good, restrains Leviathan, provides a voice for the disenfranchised (and even the disinterested), and delivers goods and services efficiently and effectively. Ironically, what is often argued to be the weakness of local government in many jurisdictions – the fact that it is merely a creature of statute – is also the best hope we have of making the oft cited rhetoric about how ‘local government is the closest to the people that serves the people best’ become reality.
Reforming Marine and Commercial Insurance Law (Lloyd's Insurance Law Library)
by Baris SoyerWith reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.
Reforming State-Owned Enterprises in Asia: Challenges and Solutions (ADB Institute Series on Development Economics)
by Farhad Taghizadeh-Hesary Naoyuki Yoshino Chul Ju Kim Kunmin KimThis book analyzes state-owned enterprises (SOEs), which are still significant players in many Asian economies. They provide essential public services, build and operate key infrastructure, and are often reservoirs of public employment. Their characteristics and inherent competitive advantages as publicly owned enterprises allow them to play these critical roles. Their weaknesses in governance and inefficiencies in incentive structures, however, also often lead to poor performance. SOEs must be efficient, transparent, and accountable to level the playing field for private companies, secure the growth of a vibrant private sector, and achieve sustained and inclusive economic growth. This book analyzes the reform of SOEs in Asia, the results of which are mixed. The volume concludes that some key conditions generally need to be met for SOE reforms to be successful: national bureaucracies must have the capacity to implement the reforms, and adverse impacts on international trade and investment must be avoided.
Reforming the Common European Asylum System -- Legislative developments and judicial activism of the European Courts
by Samantha VellutiIn June 2013, after lengthy and complex negotiations the EU adopted the recast "asylum package" which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the "lens" of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers' rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted "second-generation" legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
Reforming the UK’s Citizenship Test: Building Bridges, Not Barriers
by Thom BrooksHow many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a ‘bridge to citizenship’ which fosters greater inclusion and integration.
Reforming the UN Security Council Membership: The illusion of representativeness (Routledge Research in International Law)
by Sabine HasslerThis book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council’s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members’ behalf. This book offers an inquiry into the Council’s constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today’s, and possibly tomorrow’s, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised. Reforming the UN Security Council Membership will be of particular interest to scholars and students of International Law and International Relations.
Reforming Water Law and Governance: From Stagnation To Innovation In Australia
by Cameron Holley Darren SinclairThis book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies – especially in the field of water and environmental law.
Reframing Intellectual Property Law in Sri Lanka: Lessons from the Developing World and Beyond (International Law and the Global South)
by Althaf Marsoof Kanchana Kariyawasam Chamila TalagalaThis book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
Reframing Police Education and Freedom in America (Routledge Series on Practical and Evidence-Based Policing)
by Martin Alan Greenberg Beth Allen EasterlingThis book untangles the components of police education and advocates a robust community-based training model with significant civilian oversight. The recommended approach recognizes that the citizenry needs to be included in the provision of basic police education, for it is they who must both support and be served by their police. The police must be role models for society, demonstrating that freedom and rights come with obligations, both to the community as a whole and to individuals in need within that community. Ultimately, the quality of police training and the public’s safety depend not only on the leadership of police executives as well as the quality of educational institutions and police candidates but also on the building of a community’s trust in its police.The issues of police recruitment, education, and retention have greater consequence in an era when protests and other signs of negativity surround law enforcement. Several incidents, including, most notably, George Floyd’s murder by police, have sparked new training initiatives regarding police de-escalation and community engagement. At the same time, the proliferation of gun violence and a contentious political climate have led some officers to refrain from undertaking proactive types of policing. In this context, reform of the police education system is urgent. This book examines police training at all levels of government—local, regional, state, and federal. In addition, citizen participation programs, including the role of the media and programs for furthering law-related education (LRE), are highlighted. The proposed police education model recognizes that ordinary members of the American public need to contribute to the provision of basic police education, for it is they who must both support and be served by their police. The focus is on teaching a "guardian style" of policing at the local level. Police education would combine higher education, necessary practical proficiencies, and intensive field experiences through a gradual level of greater responsibility—likely extending over a 2-plus-year period for trainees with less than a year of previous college credits.This book will be of interest to a wide range of audiences such as law enforcement professionals and trainers, including those in executive development programs in police departments; community leaders, scholars, and policy experts who specialize in policing; concerned citizens; and students of criminal justice, especially those interested in police organization and management, criminal justice policy, and the historical development of police.
Reframing the Game: A Special Issue of Building Sustainable Legacies
by Mike Townsend Katrin MuffCapitalism is fast approaching the tipping point into a new sustainable economy that will allow people and the planet to prosper. Pieces of a jigsaw are coming together and bringing into focus a picture of a new, vibrant, attractive and sustainable economic operating system. This quiet revolution is underway - if we could only allow it to flourish.This Special Issue of Building Sustainable Legacies brings together key voices in business and academia that show us how to accelerate towards this tipping point by exploring the role that business in society, responsible education, leadership techniques and legal reform will have in shaping the new sustainable economy.Including contributions from Paul Polman, Katrin Muff, Beate Sjafjell and Gabriele Zedlmayer, this outstanding collection proposes leading insights and innovative solutions to the challenge of creating new economies that work for people and the planet.
Reframing the Leadership Landscape: Creating a Culture of Collaboration
by Roger Hayes Reginald WattsIn an uncertain and complex world leaders should not merely respond to the speed of change but attempt to anticipate it. Sometimes it is unexpected, sometimes the signs are there but the dots are not joined together. The NEW normal must be navigated, negotiated, networked and a narrative built around it. Leaders need to adapt to a changing ecosystem in which the biggest challenges cross the boundaries of the public, private and non-profit sectors, requiring much closer collaboration. Aggressive individualism is no longer a sustainable basis for companies needing to deliver social and economic value, now, enterprises must move beyond narrow self-interest and short-termism to balance stakeholder expectations. In Reframing the Leadership Landscape, Dr Roger Hayes and Dr Reginald Watts argue that the interconnected and interdependent world requires leaders to adopt a more holistic and inclusive approach. Despite global business education advances, business mostly fails to make cross-disciplinary connections or interpret weak signals and is ill-prepared for changes in cultural and technical demands. The tool kit is here, ready to be unpacked. The only question is whether aspirant leaders are sensitive enough to read the signals and develop the skills needed to create an essential collaborative paradigm, which they must do if they wish to regain trust, fill the leadership void and help reshape a sustainable future.
Refuge Lost: Asylum Law in an Interdependent World (Cambridge Asylum and Migration Studies)
by Daniel GhezelbashAs Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.
Refugee and Mixed Migration Flows: Managing a Looming Humanitarian and Economic Crisis
by Bimal GhoshThis book provides an insightful analysis of the looming refugee and mixed migration crisis in the context of four major, contemporary flows: two in west and east Europe, and one each in the Americas and Asia. The analysis, in each case, is followed by a judicious identification of the key issues involved and the presentation of a set of proposed policy responses to them. The discussion is then placed in a global setting and dovetailed with the recently launched United Nations initiative to adopt global compacts on refugees and migrants. The author brings to this book, the first of its kind, his vast experience of advising, and actively engaging with, many of the principal international organisations concerned with refugee and migration issues. This book will be of interest to researchers, students, NGOs, professional bodies, national ministries, international organisations and rights groups in the fields of economics, public finance, political economy, human rights and refugee law, and international relations and demography.
Refugee Camps in Europe and Australia: An Interdisciplinary Critique
by Oliver Razum Angus Dawson Lisa Eckenwiler Verina WildThis Palgrave Pivot examines refugee camps in the EU, Australia, and their border zones. The approach is interdisciplinary, comprising perspectives of history, ethics, political science, literature, and health. The book argues that current practice of accommodating refugees is arbitrary and disempowering, ranging from strict regulation within nation states to detrimental conditions in extraterritorial camps. It instead proposes to increase public scrutiny of refugee camps, to enforce existing laws, and to endorse ethical place-making. With its contributions from a wide range of fields, this edited volume will be of interest to academics and students in public health, ethics, sociology, politics, and related fields.
Refugee Coloniality: An Afrocentric analysis of prolonged encampment in Kenya
by Bosco OpiThis book presents a decolonial and Afrocentric critique of prolonged encampment of refugees, centred on the case study of refugee camps in Kenya, introduced through the author’s decades-long experience of forced displacement. His positionality as a former refugee contributes to a wider discussion on representation, voice, and power within the refugee studies literature. Likewise, the revisiting of the refugee camp as site and tool of power from a colonial perspective, is an important and timely contribution to the literature. This book examines the camp as a colonial innovation and the enduring colonial logics of supposedly ‘humanitarian’ extended encampment. Drawing on the anti-colonial theorists such as Fanon, Mbembe, and Nyerere, etc, it argues for an Africa without borders or encampment. The study is interdisciplinary, encompassing forced migration/refugee studies, camp studies, decolonial studies, and African studies. More broadly, it seeks to contribute to the literature on the politics of asylum in Africa through a critical examination of the colonial origins and the practice of encampment in Kenya.
Refugee Dignity in Protracted Exile: Rights, Capabilities and Legal Empowerment (Routledge Studies in Development, Displacement and Resettlement)
by Anna Lise PurkeyThis book investigates how effective human rights and the inherent dignity of refugees can be secured in situations of protracted exile and encampment. The book deploys an innovative human rights-based capabilities approach to address fundamental questions relating to law, power, governance, responsibility, and accountability in refugee camps. Adopting an original theoretical framework, the author demonstrates that legal empowerment can change the distribution of power in a given refugee situation, facilitating the exercise of individual agency and assisting in the reform of the opportunity structure available to the individual. Thus, by helping to increase the capability of refugees to participate actively in the decisions that most affect their core rights and interests, participatory approaches to legal empowerment can also assist in securing other capabilities, ultimately ensuring that refugees are able to live dignified lives while in protracted exile. Ultimately, the book demonstrates that legal empowerment of refugees can bring lasting benefits in establishing trust between refugees, the state, and local communities. It will be of interest to researchers within the fields of refugee studies, international law, development studies, and political science, as well as to policy-makers and practitioners working in the fields of refugee assistance and humanitarian intervention.
Refugee Displacement, Disability and Human Rights: The Production, Processing and Power of Data (Routledge Research in Human Rights Law)
by Philippa Duell-PieningThis book presents a timely and innovative exploration of one of the first human rights articles about data production and processing: the Convention on the Rights of Persons with Disabilities article 31, ‘Statistics and data collection’.The study provides detailed explorations of the legal and practical demands of article 31, how these have been interpreted and the practice of human rights research with marginalised communities. It describes the history of the article’s drafting in detail, uncovering the tensions at its heart today. This analysis provides the foundations for an alternative doctrinal reading of the obligations in article 31 and an exploration of a potential group right. The book's detailed analysis is assisted by a new conceptual framework that illustrates the relationship between visibility and power. The work demonstrates that data is not inert but powerful and may be used in ways that are helpful and harmful to rights holders. Through closely examining disability human rights data practices in refugee contexts, it concludes that human rights protections are being ignored in the urgency to create more data to identify and address inequality. The author identifies immediate actions that may be taken to remediate current practices.The book will be an invaluable resource for academics, researchers and policy-makers working in disability studies, human rights law, refugee and migration studies, technology and society.
Refugee Law
by Colin YeoThe word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: • well-founded fear; • persecution; • the loss of refugee status and exclusion; • the rights of refugees; • and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.
Refugee Law and Durability of Protection: Temporary Residence and Cessation of Status (Law and Migration)
by Maria O’SullivanThis book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.
Refugee Law and Practice in Japan (Law and Migration)
by Osamu ArakakiThis volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.