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The Case for Repatriating China's Cultural Objects
by Zuozhen LiuThis book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
The Case for Vaccine Mandates
by Alan DershowitzIn The Case for Vaccine Mandates, Alan Dershowitz—New York Times bestselling author and one of America&’s most respected legal scholars—makes an argument, against the backdrop of ideologically driven and politicized objections, for mandating (with medical exceptions) vaccinations as a last resort, if proved necessary to prevent the spread of COVID. Alan Dershowitz has been called &“one of the most prominent and consistent defenders of civil liberties in America&” by Politico and &“the nation&’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights&” by Newsweek. He is also a fair-minded and even-handed expert on civil liberties and constitutional rights, and in this book offers his knowledge and insight to help readers understand how mandated vaccination and compulsion to wearing masks should and would be upheld in the courts. The Case for Vaccine Mandates offers a straightforward analytical perspective: If a vaccine significantly reduces the threat of spreading a serious and potentially deadly disease without significant risks to those taking the vaccine, the case for governmental compulsion grows stronger. If a vaccine only reduces the risk and seriousness of COVID to the vaccinated person but does little to prevent the spread or seriousness to others, the case is weaker. Dershowitz addresses these and the issue of masking through a libertarian approach derived from John Stuart Mill, the English philosopher and political economist whose doctrine he summarizes as, &“your right to swing your fist ends at the tip of my nose.&” Dershowitz further explores the subject of mandates by looking to what he describes as the only Supreme Court decision that is directly on point to this issue; decided in 1905, Jacobson v. Massachusetts involved a Cambridge ordinance mandating vaccination against smallpox and a fine for anyone who refused. In the end, The Case for Vaccine Mandates represents an icon in American law and due process reckoning with what unfortunately has become a reflection of our dangerously divisive age, where even a pandemic and the responses to it, divide us along partisan and ideological lines. It is essential reading for anyone interested in a non-partisan, civil liberties, and constitutional analysis.
The Case for an International Court of Civil Justice
by Maya SteinitzWhen multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.
The Case for the Corporate Death Penalty: Restoring Law and Order on Wall Street
by Steven A. Ramirez Mary Kreiner RamirezA critical examination of the wrongdoing underlying the 2008 financial crisisAn unprecedented breakdown in the rule of law occurred in the United States after the 2008 financial collapse. Bank of America, JPMorgan, Citigroup, Goldman Sachs, and other large banks settled securities fraud claims with the Securities and Exchange Commission for failing to disclose the risks of subprime mortgages they sold to the investing public. But a corporation cannot commit fraud except through human beings working at and managing the firm. Rather than breaking up these powerful megabanks, essentially imposing a corporate death penalty, the government simply accepted fines that essentially punished innocent shareholders instead of senior leaders at the megabanks. It allowed the real wrongdoers to walk away from criminal responsibility. In The Case for the Corporate Death Penalty, Mary Kreiner Ramirez and Steven A. Ramirez examine the best available evidence about the wrongdoing underlying the financial crisis. They reveal that the government failed to use its most powerful law enforcement tools despite overwhelming proof of wide-ranging and large-scale fraud on Wall Street before, during, and after the crisis. The pattern of criminal indulgences exposes the onset of a new degree of crony capitalism in which the most economically and political powerful can commit financial crimes of vast scale with criminal and regulatory immunity. A new economic royalty has seized the commanding heights of our economy through their control of trillions in corporate and individual wealth and their ability to dispense patronage. The Case for the Corporate Death Penalty shows that this new lawlessness poses a profound threat that urgently demands political action and proposes attainable measures to restore the rule of law in the financial sector.
The Case for the Legal Protection of Animals: Humanity’s Shared Destiny with the Animal Kingdom (The Palgrave Macmillan Animal Ethics Series)
by Kimberly C. MooreThis book presents the case for legal protection for animals based on humanity’s shared interests and destinies with the animal kingdom. To underscore the urgent need for legal reform, the book documents how animals are in crisis, with separate discussions on animals in entertainment, research, fashion, the food industry, and animals in our homes, as well as issues that impact wildlife and aquatic animals. In each of the foregoing areas, there is a discussion of major developments for animals across the globe, the objective being to demonstrate how the U.S. is out of step with other major countries in its legal treatment of animals. The importance of media as a driver of change is also considered. This background culminates to the heart of the book, which discusses and analyzes the link between human rights and animal rights, with nine areas explored (e.g., loss of biodiversity; environmental destruction; zoonotic diseases; world hunger; violence). Challenges to legal reforms are also explored, including issues associated with weak laws, the failure to enforce existing laws, and governmental agencies that tend to overlook the actions of industries. Finally, the book explores the development of animal law and the trajectory of current laws, with analysis of developing ‘rights of nature’ laws and ‘legal personhood’ status for animals.
The Case of Abraham Lincoln: A Story of Adultery, Murder, and the Making of a Great President
by Julie M. FensterThe Case of Abraham Lincoln offers the first-ever account of the suspenseful Anderson Murder Case, and Lincoln's role in it. Fenster not only examines the case that changed Lincoln's fate, but portrays his day-to-day life as a circuit lawyer and how it shaped him as a politician. Drawing a picture of Lincoln in court and at home during that season of 1856, Fenster also offers a close-up look at Lincoln's political work in building the party that would change his fate - and that of the nation.
The Case of Literature: Forensic Narratives from Goethe to Kafka (Signale: Modern German Letters, Cultures, and Thought)
by Arne HöckerIn The Case of Literature, Arne Höcker offers a radical reassessment of the modern European literary canon. His reinterpretations of Goethe, Schiller, Büchner, Döblin, Musil, and Kafka show how literary and scientific narratives have determined each other over the past three centuries, and he argues that modern literature not only contributed to the development of the human sciences but also established itself as the privileged medium for a modern style of case-based reasoning.The Case of Literature deftly traces the role of narrative fiction in relation to the scientific knowledge of the individual from eighteenth-century psychology and pedagogy to nineteenth-century sexology and criminology to twentieth-century psychoanalysis. Höcker demonstrates how modern authors consciously engaged casuistic forms of writing to arrive at new understandings of literary discourse that correspond to major historical transformations in the function of fiction. He argues for the centrality of literature to changes in the conceptions of psychological knowledge production around 1800; legal responsibility and institutionalized forms of decision-making throughout the nineteenth century; and literature's own realist demands in the early twentieth century.
The Case of Mumia Abu-Jamal: A Life in the Balance (Open Media Series)
by Amnesty InternationalMumia Abu-Jamal has been incarcerated on Pennsylvania's death row for over two decades. His case has generated more controversy and received more attention, both national and international, than that of any other inmate currently under sentence of death in the United States of America.Mumia Abu Jamal, black, was convicted and sentenced to death in July 1982 for the murder of white police officer Daniel Faulkner on December 9, 1981. He has steadfastly maintained his innocence. Since the trial, those advocating his release or retrial have contested the validity of much of the evidence used to obtain his conviction. These accusations have been countered by members of the law enforcement community and their supporters, who have agitated for Abu-Jamal's execution while maintaining that the trial was unbiased.Based on its review of the trial transcript and other original documents, human rights organization Amnesty International believes that the interests of justice would best be served by the granting of a new trial to Mumia Abu-Jamal. This pamplet explains why.
The Case of Rose Bird: Gender, Politics, and the California Courts
by Kathleen A. CairnsRose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. “Jerry” Brown chose her to become California’s first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation’s most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird’s vehement critics, Kathleen A. Cairns traces Bird’s meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird’s downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a “radical” feminist agenda might topple long-standing institutions and threaten “traditional” values.
The Case of Valentine Shortis
by Martin L. FriedlandTwo men were shot and killed in the office of the Montreal Cotton Company in Valleyfield, Quebec, on a night in 1895. A third victim, shot through the head, managed to survive. Charged with the murders was Valentine Shortis, a young Irish immigrant. His trial, the longest on record at the time in Canada, was played out against one of the most dramatic periods in Canadian political history. Before the case closed it had involved some of the most important names in the country.Did Valentine Shortis commit murder in the course of a bold robbery, as the Crown and the citizens of Valleyfield believed? Or was he insane, as the defence argued and the leading psychiatrists in Canada contended? The best-known lawyers in Quebec fought out the issues in the courts, while politicians used the case to further their careers. As the trial dragged on it became part of the intricate political tapestry of the day, along with the Manitoba schools question, the revolt of the 'nest of traitors' from the Mackenzie Bowell's cabinet, and the federal election of 1896, in which Laurier used the Shortis case to help him become prime minister.As well as Laurier, other prominent Canadians made appearances in the case. Lady Aberdeen, the wife of the govenor-general, mysteriously put a word in the ear of Sir Charles Hibbert Tupper, the young minister of justice. We meet the larger-than-life psychiatrists, C.K. Clarke and R.M. Bucke, sex-educator Arthur Beall, and even Mackenzie King and his spirits.Martin Friedland has vividly reconstructed one of the most dramatic criminal cases in Canada's history. Along the way he reveals much about our political past, the criminal process, French-English relations, and the history of psychiatry and corrections. Above all he tells a fascinating and compelling tale of murder and politics.
The Case of the Amorous Aunt
by Erle Stanley GardnerPerry Mason tells Della Street to get her notebook and pen ready, since they are getting Aunt Lorraine and Montrose Dewitt out of bed.
The Case of the Angry Mourner
by Erle Stanley GardnerA playboy is murdered in his lakeside cabin and a mother and daughter, who had both been there, start to suspect each other so they call on Perry Mason for help.
The Case of the Baited Hook
by Erle Stanley GardnerWho was that masked woman? That's the question plaguing the perpetually inquiring mind of Perry Mason. No one loves a good mystery more than Mason--but being asked to represent a client who's concealing her identity, not to mention the particulars of her case, has given even the legendary legal eagle a case of ruffled feathers.
The Case of the Beautiful Beggar
by Erle Stanley GardnerA beautiful debutante is shocked. Her beloved wealthy uncle is missing. Strange relatives are in charge of his fortune- and they're counting her out. Then a dead man surfaces, pointing his finger straight at her. Now she's desperate. To Perry Mason, however, it's all in a day's work. With clever secretary Della Street and street wise detective Paul Drake, he takes on THE CASE OF THE BEAUTIFUL BEGGAR.
The Case of the Black-Eyed Blonde
by Erle Stanley GardnerA beautiful blonde gets a fist in the eye from her employer's son, and Mason must defend her when her roommate is murdered.
The Case of the Blonde Bonanza
by Erle Stanley GardnerPerry Mason asks, "Why would anyone hire a girl with the figure of a strip teaser and pay her $100 a week to put on weight?"
The Case of the Buried Clock
by Erle Stanley GardnerA returning war veteran stumbles across a buried clock that is apparently keeping sidereal time. A murder victim is found in a rural area where, it seems, all the neighbors go out for walks at night.
The Case of the Careless Kitten
by Erle Stanley GardnerWhen a key witness in a forgery case goes missing, the police come down on Mason, who now has two clients to defend against serious criminal charges: Gerald Shore--and his own secretary, Della Street!
The Case of the Careless Kitten: A Perry Mason Mystery (A\perry Mason Mystery Ser. #0)
by Erle Stanley GardnerPerry Mason seeks the link between a poisoned kitten, a murdered man, and a mysterious voice from the past Helen Kendal's woes begin when she receives a phone call from her vanished uncle Franklin, long presumed dead, who urges her to make contact with criminal defense attorney Perry Mason; soon after, she finds herself the main suspect in the murder of an unfamiliar man. Her kitten has just survived a poisoning attempt, as has her aunt Matilda, the woman who always maintained that Franklin was alive in spite of his disappearance. Lucky that Helen took her uncle's advice and contacted Perry Mason—he immediately takes her as a client. But while it’s clear that all the occurrences are connected, and that their connection will prove her innocence, the links in the case are too obscure to be recognized even by the attorney’s brilliantly deductive mind. Risking disbarment for his unorthodox methods, he endeavors to outwit the police and solve the puzzle himself, enlisting the help of his secretary Della Street, his private eye Paul Drake, and the unlikely but invaluable aid of a careless but very clever kitten in the process. Reprinted for the first time in over twenty years, The Case of the Careless Kitten is one of the most highly praised cases in the iconic Perry Mason series, which need not be read in any particular order.
The Case of the Caretaker's Cat
by Erle Stanley GardnerTHE CASE OF THE CARETAKER'S CAT was the seventh Perry Mason mystery that Erle Stanley Gardener wrote. Our story opens as Charles Ashton seeks the advice of Perry Mason. His previous employer, Peter Laxter, now deceased, left a provision in his will that Ashton, a faithful caretaker, would always have a job with his heirs. But one of the heirs, the nasty Samuel C. Laxter, has decided that Ashton's cat must go. Poor old Clinkers the cat must leave or Samuel Laxter threatens to poison him. Perry takes the case, probably out of sheer boredom. He's just finished a murder trial, and there's nothing interesting on his desk. But before you know it, Ashton is dead; strangled. And then old Peter Laxter's nurse turns up dead, too. Maybe Peter Laxter's death wasn't an accident, either! And just who is getting blamed for all these deaths? Young Douglas Keene, the fiance of beautiful young Winifred Laxter, the only Laxter heir that DIDN'T inherit under the strange will. Up steps Perry Mason to defend the innocent young man. And so he does in his usual flamboyant style. Perry appears along with Della Street, his faithful secretary. and Paul Drake, his detective friend. District Attorney Hamilton Burger shows up just long enough to speak a paragraph's worth of dialog. But what a paragraph it is!
The Case of the Cautious Coquette
by Erle Stanley GardnerAt the behest of Perry Mason, who is representing a young man hit by a car, Paul Drake places an ad in the paper asking for witnesses to the hit and run. To Mason's astonishment, two different drivers are identified, one by a mysterious letter enclosing a key.
The Case of the Counterfeit Eye
by Erle Stanley GardnerWhen Peter Brunold shows up at Perry Mason's office, claiming one of his glass eyes has been stolen and a counterfeit substituted in its place, who could guess that it would lead to murder? But before you know it, the real authentic glass eye is found. Found in the hand of a dead man. And Brunold has an excellent motive for wanting him dead! He's in love with the dead man's wife. Was it suicide? Well, a gun is found on the floor of the room. But then a second gun is found under a blanket. Wait! There's a third gun in the dead man's shoulder holster. What's with all the guns? And that typed suicide note is starting to look suspicious. Yup, it's gotta be murder. And Peter Brunold is the one that all the evidence is pointing to. Can Perry Mason prove his innocence and at the same time point the finger at the guilty party? And can he do it, all the while confounding the new D.A.? You betcha! But why did he just go out and order six custom-made glass eyes?
The Case of the Crooked Candle
by Erle Stanley GardnerA key element in a complicated story of a body found on a beached boat is acandle that stands at a steep angle. "The details of the boat grounded at low tide with a corpse in the cabin are superbly handled, and the rest of the story--motives and characters--is both believable and reasonably straightforward.... (It) is an absolutely first-rate job."