- Table View
- List View
The Inception of Modern Professional Education
by Bruce A. KimballChristopher C. Langdell (1826-1906) is one of the most influential figures in the history of American professional education. As dean of Harvard Law School from 1870 to 1895, he conceived, designed, and built the educational model that leading professional schools in virtually all fields subsequently emulated. In this first full-length biography of the educator and jurist, Bruce Kimball explores Langdell's controversial role in modern professional education and in jurisprudence.Langdell founded his model on the idea of academic meritocracy. According to this principle, scholastic achievement should determine one's merit in professional life. Despite fierce opposition from students, faculty, alumni, and legal professionals, he designed and instituted a formal system of innovative policies based on meritocracy. This system's components included the admission requirement of a bachelor's degree, the sequenced curriculum and its extension to three years, the hurdle of annual examinations for continuation and graduation, the independent career track for professional faculty, the transformation of the professional library into a scholarly resource, the inductive pedagogy of teaching from cases, the organization of alumni to support the school, and a new, highly successful financial strategy.Langdell's model was subsequently adopted by leading law schools, medical schools, business schools, and the schools of other professions. By the time of his retirement as dean at Harvard, Langdell's reforms had shaped the future model for professional education throughout the United States.
The Inclusive Housing Design Guide
by Habinteg Housing AssociationThe Inclusive Housing Design Guide is a revised and updated edition of the seminal Habinteg Housing Design Guide first published in 2002. The guide provides a brief and advice for all those involved in the design and delivery of Habinteg developments, informing new build technical standards and employers' requirements for accessible homes.This new guide takes into account updated reference standards, specifically addressing M4(2) and M4(3) of UK building regulations. The proposed guide will provide the rationale for, specifications and technical guidance on how to deliver accessible and inclusive housing that is flexible and adaptable to changing needs.With invaluable advice, insights, explanations and illustrations, it is an essential guide on how to deliver housing that is functional, inclusive and meets the changing needs of people of all ages.
The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (ISSN)
by Louisa Ashley and Nicolette ButlerIncoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.
The Incorporeal: Ontology, Ethics, and the Limits of Materialism
by Elizabeth GroszPhilosophy has inherited a powerful impulse to embrace either dualism or a reductive monism—either a radical separation of mind and body or the reduction of mind to body. But from its origins in the writings of the Stoics, the first thoroughgoing materialists, another view has acknowledged that no forms of materialism can be completely self-inclusive—space, time, the void, and sense are the incorporeal conditions of all that is corporeal or material. In The Incorporeal Elizabeth Grosz argues that the ideal is inherent in the material and the material in the ideal, and, by tracing its development over time, she makes the case that this same idea reasserts itself in different intellectual contexts.Grosz shows that not only are idealism and materialism inextricably linked but that this "belonging together" of the entirety of ideality and the entirety of materiality is not mediated or created by human consciousness. Instead, it is an ontological condition for the development of human consciousness. Grosz draws from Spinoza's material and ideal concept of substance, Nietzsche's amor fati, Deleuze and Guattari's plane of immanence, Simondon's preindividual, and Raymond Ruyer's self-survey or autoaffection to show that the world preexists the evolution of the human and that its material and incorporeal forces are the conditions for all forms of life, human and nonhuman alike. A masterwork by an eminent theoretician, The Incorporeal offers profound new insight into the mind-body problem
The Indecent Screen: Regulating Television in the Twenty-First Century
by Cynthia ChrisThe Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.
The Independence of the Judiciary in Bangladesh: Exploring the Gap Between Theory and Practice
by M. Ehteshamul BariThis book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
The Independent Director
by Gerry BrownNon-executive directors play a very important role in modern business. Providing a rare emphasis on 'soft skills', culture and relationship building, this comprehensive guide offers a unique insight into what it's actually like to be a non-executive director, backed up by global case studies, research and interviews.
The Independent Director in Society: Our current crisis of governance and what to do about it
by Andrew Kakabadse Gerry Brown Filipe MoraisThings will always go wrong in organisations. The question is how quickly will they get caught and put right? The problem facing every organisation today – our businesses, universities, health services, or the many other sporting and charitable institutions that shape our society – is that the relationship between their executive management and those whose job it is to oversee them (whether they are called non-executive or independent directors, trustees, or governors) has become unbalanced. The Independent Director in Society shows how to rebalance it. Based on original, in-depth research from Henley Business School, this is the first book to survey and analyse the governance crisis right across society rather than just focus upon the business sector. The authors show that – despite their many differences – all organisations have many issues, behaviours and problems in common. The same problems require, in many cases, the same solutions. Sometimes they don’t. The authors offer two answers. The first lies in the realm of policy. Not a need for more legislation, but a move to give the existing codes of practice back their teeth and make them fit for purpose. The second lies with independent directors themselves. Urgent improvement is needed in standards of thought and action as well as the calibre of these directors. Above all, directors need to develop an independent mindset that will enable them to make better, more accurate decisions. There are many elements to creating this culture, including selection, training and education for directors, and support from chairs and executive teams, but most of all directors themselves must recognise their responsibilities in a complex and volatile world.
The Indian Law Legacy of Thurgood Marshall
by Jr. F. E. KnowlesThe book tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.
The Indian Lawyer
by James WelchHis shiny Saab and his finely tailored suits make Sylvester Yellow Calf's childhood unimaginable. Abandoned by his parents, he was raised in poverty on the Blackfoot reservation in Montana. Now a prominent lawyer, Sylvester moves between two worlds, feeling slightly out of place in each. In the city, the possibilities of business and political success seem limitless for Sylvester, until the parole board on which he sits denies release to convict Jack Harwood. Bent on freedom, Harwood engineers a cunning scheme that threatens to ensnare Sylvester and destroy his career. The Indian Lawyer is a vivid evocation of the American West and a provocative tale of the paradoxes of assimilation.
The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society
by David B. David M. Wilkins Khanna Vikramaditya S. TrubekThis book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
The Indian Yearbook of Comparative Law 2018 (The Indian Yearbook of Comparative Law)
by Niraj Kumar Mahendra Pal SinghThis yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.
The Indian Yearbook of Comparative Law 2019 (The Indian Yearbook of Comparative Law)
by Niraj Kumar Vishwas H. Devaiah Mathew John Pritam Baruah Moiz TundawalaThis book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.
The Indian Yearbook of Comparative Law 2020 (The Indian Yearbook of Comparative Law)
by Niraj Kumar Vishwas H. Devaiah Mathew John Pritam Baruah Moiz TundawalaThis yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.
The Indian Yearbook of Law and Interdisciplinary Studies: Pluralistic Discourse
by Ranita Nagar Hiteshkumar ThakkarThis yearbook focuses on law and its interdisciplinarity in India. It brings together scholars of law, economics, and policy to foster multidisciplinary thinking and analysis across subject areas. The contributors to this volume embody an interdisciplinary spirit through their academic experience and aim to bring to the fore unique suggestions for a better understanding of the law. The volume explores various key issues that are central to state policy demanded by a functioning democracy, in terms of democratic quality, aspirations and sustainability. It discusses global and social issues, such as foreign interference in domestic elections, feminism, and climate change and looks at other subjects such as economics, religion, history, literature from the perspective of law. A unique contribution to the study of law in India, this book will be an essential read for scholars and researchers of law, jurisprudence, political science, economics, public policy, sociology, social anthropology, the Indian Constitution, and South Asia studies.
The Indiana Driver's Manual
by Indiana Bureau of Motor VehiclesThe Indiana Bureau of Motor Vehicles (BMV) issues three types of credentials. The first category of credential is driver’s licenses, which include an operator’s license and commercial driver’s license (CDL). The second category of credential is learner’s permits, which include an operator learner’s permit (herein referred to as learner’s permit), motorcycle learner’s permit, and a commercial learner’s permit. The third category of credential is an identification card, which is available to all residents of Indiana, and is issued at no cost to voting-age Indiana residents. More details on the BMV’s credentials appear later in this chapter.
The Indigénat and France’s Empire in New Caledonia: Origins, Practices and Legacies (Cambridge Imperial and Post-Colonial Studies)
by Isabelle Merle Adrian MuckleThis book provides a long history of France’s infamous indigénat regime, from its origins in Algeria to its contested practices and legacies in France’s South Pacific territory of New Caledonia. The term indigénat is synonymous throughout the francophone world with the rigours and injustices of the colonial era under French rule. The indigénat regime or 'Native Code' governed the lives of peoples classified as French 'native' subjects in colonies as diverse as Algeria, West Africa, Madagascar, Indochina and New Caledonia. In New Caledonia it was introduced by decree in 1887 and remained in force until Kanak — New Caledonia’s indigenous people — obtained citizenship in 1946. Among the colonial tools and legal mechanisms associated with France’s colonial empire it is the one that has had the greatest impact on the memory of the colonized. Focussing on New Caledonia, the last remaining part of overseas France to have experienced the full force of the indigénat, this book illustrates the way that certain measures were translated into colonial practices, and sheds light on the tensions involved in the making of France as both a nation and a colonial empire. The first book to provide a comprehensive history of the indigénat regime, explaining how it first came into being and survived up until 1946 despite its constant denunciation, this is an important contribution to French Imperial History and Pacific History.
The Indispensable Right: Free Speech in an Age of Rage
by Jonathan TurleyA &“timely and brilliant original&” (Michael B. Mukasey, former US attorney general) look at freedom of speech—our most basic right and the one that protects all the others.Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. These measures are reinforced by the public&’s anger and rage; flash mobs appear today with the slightest provocation. We all lash out against anyone or anything that stands against our preferred certainty. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context. The Constitution and the Bill of Rights were not only written for times like these, but in a time like this. This country was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people—nonconformists who refuse to yield to abusive authority—and here is a mosaic of vivid characters and controversies. Johnathan Turley &“has written a learned and bracing book, rigorously detailed and unfailingly evenhanded&” (The Wall Street Journal) showing us the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the government&’s traditional wish to control speech has put us on an almost irresistible path toward censorship. The Indispensable Right is a &“magnum opus should be required reading for everyone who cares about free speech&” (Nadine Strossen, former president of the American Civil Liberties Union) that reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others. For rather than a political crisis, this is a crisis of faith.
The Individual Employment Rights Primer
by Kurt H. DeckerA guide to employment law. One of the most rapidly evolving areas of law involves individual employment rights. Individual employment rights has no clearly defined boundary. It encompasses a multitude of employment statutes and court decisions. It finds its support in constitutional law and has developed as part of specialized employment law areas involving record keeping and disclosure, labor relations, health and safety, labor standards, fair employment practices. This book consolidates these fragmented individual employment rights into a centralized reference source.
The Individual and Privacy: Volume I (The Library of Essays on Law and Privacy)
by Joseph A. CannataciThe essays selected for this volume reflect the many paths followed to develop a new, more robust methodology (idMAPPING) for investigating privacy. Each article deals with the three dimensions of time, space and place by addressing a number of questions such as: who? Which individual? When? How? Is privacy viewed from the perspective of legal theory, or of information science? Or from the viewpoint of sociology, social psychology, philosophy, information ethics or data protection law? The reader is offered a multi-disciplinary overview of the subject, a mosaic made up of several snapshots taken at different times by different scholars with different points of view. The detailed introduction increases clarity in parts of the picture where the way that the pieces fit together may not be immediately apparent, and concludes by challenging internet-era fallacies. Taken together, the articles demonstrate an innovative approach to evidence-based policy-making, and show privacy scholarship at its best.
The Individual and Society in the Middle Ages
by Walter UllmannOriginally published in 1966. The Individual and Society in the Middle Ages, based on three guest lectures given at Johns Hopkins University in 1965, explores the place of the individual in medieval European society. Looking at legal sources and political ideology of the era, Ullmann concludes that, for most of the Middle Ages, the individual was defined as a subject rather than a citizen, but the modern concept of citizenship gradually supplanted the subject model from the late Middle Ages onward. Ullmann lays out the theological basis of the political theory that cast the medieval individual as an inferior, abstract subject. The individual citizen who emerged during the late Middle Ages and the Renaissance, by contrast, was an autonomous participant in affairs of state. Several intellectual trends made this humanistic conception of the individual possible, among them the rehabilitation of vernacular writing during the thirteenth century and the growing interest in nature, natural philosophy, and natural law. However, Ullmann points to feudalism as the single most important medieval institution that laid the groundwork for the emergence of the modern citizen.
The Individual in Business Ethics: An American Cultural Perspective
by Tomas KavaliauskasToday we are witnessing social and political dominance of large corporations. They provide for its employees moral values and business principles. Moreover, they institutionalize their codes of ethics. The theory of Business Ethics provides the moral guideline and standards for corporate life and concrete business organizations apply those standards to practice. The individual employee, as a member of a business organization, accepts those standards. Therefore, it is important to examine the foundation of the individual's moral value in Business Ethics in order to understand on what the foundation of the moral value depends on. This highly interdisciplinary text is a critique of Business Ethics as an ideology and life politics. The author discloses how contemporary business ethics grovels before corporations, how it is too weak to create a truly critical voice of American capitalist economy. The individual's treatment in corporate life is revealed through the eyes of American Protestant culture and its coercive work tradition where efficiency value usurps values of individual choice and freedom. This book suggests a new concept of an out-corporate individual.
The Individual in the International Legal System
by Kate ParlettKate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
The Individual in the Law and Practice of the International Court of Justice (Cambridge Studies in International and Comparative Law)
by Yusra SuediThe cornerstone of the World Court's identity is its resolution of inter-state disputes. This insightful critique challenges the implication that individuals have little importance in such disputes as a result. Arguing for individuals' enhanced integration, it reveals their relevance in a myriad of disputes beyond those centred on violations of multilateral human rights treaties and unveils a multitude of procedural practices with unquenched potential. It also carefully unpacks and interrogates the Court's legal reasoning in various contexts such as territorial and maritime disputes, amongst others. Finally, it critically analyses and evaluates the legal and political underpinnings for the Court's approaches and state litigants' choices from a lens of social idealism. This pioneering study sheds light on the imbalance between individuals as key stakeholders in inter-state disputes and their treatment in law and practice.
The Indoctrination of the Wehrmacht: Nazi Ideology and the War Crimes of the German Military
by Bryce SaitFar from the image of an apolitical, “clean” Wehrmacht that persists in popular memory, German soldiers regularly cooperated with organizations like the SS in the abuse and murder of countless individuals during the Second World War. This in-depth study demonstrates that a key factor in the criminalization of the Wehrmacht was the intense political indoctrination imposed on its members. At the instigation of senior leadership, many ordinary German soldiers and officers became ideological warriors who viewed their enemies in racial and political terms—a project that was but one piece of the broader effort to socialize young men during the Nazi era.