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The Insider’s Guide to Legal Skills
by Emily Allbon Sanmeet Kaur DuaConfused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, this practical and accessible guide will provide you with a clear guide to skills within the law degree and how to make the most of them in assessment, but also help you to see their importance to a future legal career. Designed for LLB/GDL students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.
The Inspection House: An Impertinent Field Guide to Modern Surveillance (Exploded Views)
by Emily Horne Tim MalyIn 1787, British philosopher and social reformer Jeremy Bentham conceived of the panopticon, a ring of cells observed by a central watchtower, as a labor-saving device for those in authority. While Bentham's design was ostensibly for a prison, he believed that any number of places that require supervision--factories, poorhouses, hospitals, and schools--would benefit from such a design. The French philosopher Michel Foucault took Bentham at his word. In his groundbreaking 1975 study, Discipline and Punish, the panopticon became a metaphor to describe the creeping effects of personalized surveillance as a means for ever-finer mechanisms of control. Forty years later, the available tools of scrutiny, supervision, and discipline are far more capable and insidious than Foucault dreamed, and yet less effective than Bentham hoped. Shopping malls, container ports, terrorist holding cells, and social networks all bristle with cameras, sensors, and trackers. But, crucially, they are also rife with resistance and prime opportunities for revolution. The Inspection House is a tour through several of these sites--from Guantánamo Bay to the Occupy Oakland camp and the authors' own mobile devices--providing a stark, vivid portrait of our contemporary surveillance state and its opponents.
The Institute of International Law's Resolution on State Succession and State Responsibility: Introduction, Text and Commentaries
by Patrick Dumberry Marcelo G. KohenMarcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals: Introduction, Text and Commentaries
by Campbell McLachlanThe Institute of International Law's 2019 Resolution on the Equality of Parties before International Investment Tribunals represents a major step forward in codification of this essential principle as it applies to investor-state dispute settlement: a principle whose application in this context has attracted increasing controversy in recent years. In this commentary, Campbell McLachlan, who served as the Institute's Rapporteur on the topic, explains the context for the Resolution and sets forth an article-by-article analysis of its provisions, drawing upon a wealth of prior case-law as well as the discussions within the Institute that led to the Resolution. The resulting text is designed to assist counsel and tribunals in investment cases, as well as contribute to the wider debate on the reform of investor-state dispute settlement.
The Institutional Effects of Executive Scandals
by Brandon RottinghausWatergate, Iran-Contra, Lewinsky, Enron, Bridgegate: according to the popular media, executive scandals are ubiquitous. Although individual scandals persist in the public memory and as the subject of academic study, how do we understand the impacts of executive indiscretion or malfeasance as a whole? What effect, if any, do scandals have on political polarization, governance, and, most importantly, democratic accountability? Recognizing the important and enduring role of scandals in American government, this book proposes a common intellectual framework for understanding their nature and political effects. Brandon Rottinghaus takes a systematic look the dynamics of the duration of scandals, the way they affect presidents and governors' capacity to govern, and the strategic choices executives make in confronting scandal at both the state and national levels. His findings reveal much about not only scandal, but the operation of American politics.
The Institutional Framework of Russian Serfdom
by Tracy DennisonRussian rural history has long been based on a 'Peasant Myth', originating with nineteenth-century Romantics and still accepted by many historians today. In this book, Tracy Dennison shows how Russian society looked from below, and finds nothing like the collective, redistributive and market-averse behaviour often attributed to Russian peasants. On the contrary, the Russian rural population was as integrated into regional and even national markets as many of its west European counterparts. Serfdom was a loose garment that enabled different landlords to shape economic institutions, especially property rights, in widely diverse ways. Highly coercive and backward regimes on some landlords' estates existed side-by-side with surprisingly liberal approximations to a rule of law. This book paints a vivid and colourful picture of the everyday reality of rural Russia before the 1861 abolition of serfdom.
The Institutional Paradigm of Economic Geography: A Perspective from Natural Resource and Environmental Econometrics
by Yiming HeThis groundbreaking book offers a comprehensive and contemporary analysis of the major areas of institutional economic geography. Each chapter discusses in detail the new developments and changes in the field, and with a balance of theory, applications and empirical tests provides a rigorous grounding in the economic analysis of the natural resources and environmental issues that are increasingly prominent policy concerns. The book is a must-read for any social scientist interested in real-world economic geography and institutional economics, including economists, political scientists, sociologists, historians, geographers and anthropologists.
The Institutional Structure of Macroprudential Policy in the UK (Studies in European Economic Law and Regulation #26)
by Kosmas KaprinisMacroprudential policy (MPP) has been one of the major initiatives in the post-2008 crisis restructuring of financial regulation. Under the macroprudential mandate, the regulator monitors and judiciously controls systemic risk in the financial system, in an attempt to minimise the probability and severity of a future financial crisis. The book reveals why MPP authorities are rightfully at the centre of a highly sensitive policy debate, as MPP necessitates the allocation of significant regulatory power to technocrats, while the highly technical nature of MPP makes policy evaluation challenging. Specific issues examined include: the importance of financial stability as a public policy goal; the political economy issues stemming from the delegation of MPP to an independent authority; and the definition of accountability in the context of MPP. Focusing on a case study on the Financial Policy Committee of the Bank of England, the macroprudential authority in the UK, the book develops the normative grounds to justify the need for accountability in the conduct of MPP, while also formulating the necessary institutional framework to ensure the accountability of MPP authorities.
The Institutional Theory of the Firm: Embedded Autonomy (Routledge Studies in Management, Organizations and Society)
by Alexander StyhreThe Institutional Theory of the Firm examines recent and previous organization theory literature to advocate what Evans (1995) refers to as the "embedded autonomy" of the firm, as well as its role in being simultaneously anchored in, for example, corporate legislation and regulatory practices on the national, regional (i.e., within the European Union) and transnational levels, while at the same time being granted the right to operate with significant degrees of freedom within this legal-regulatory model. Seen in this view, the embedded autonomy of the corporation represents a theoretical view of the corporation that complements the market-based image of the corporation in economic theory. When advocating the institutional theory model, three forms of embedded autonomy are examined. First, the corporation is enacted as a legal entity sui juris—as a freestanding "legal person" in corporate law and within the regulatory framework that serves to enforce legislation in everyday life settings. Second, the corporation is embedded within what social theorists refer to as moral economies, the norms and values that regulate what are the socially acceptable and legitimate means for conducting business. Third and finally, the corporation is embedded in governance, a relatively complex economic concept that denotes legal and regulatory control on the societal and economic system levels, and on the level of the individual corporation. By combining the three forms of embeddedness, sanctioned by law, norms, and governance, the embedded autonomy of the firm is secured on the basis of a variety of social practices and resources. This book brings together a diverse literature including management studies, economic sociology, legal theory, finance theory, and mainstream economic theory to advance the argument that the corporation is best understood as what is embedded in a social and economic context, yet best serving its defined and stipulated ends by assuming considerable degrees of freedom to operate in isolation from various stakeholders. It will be of relevance for a variety of readers, including graduate students, management scholars, policy-makers, and management consultants interested in organization theory and management studies.
The Institutional Transformation of the Economic Community of West African States
by Kofi Oteng KufuorThis book examines regional economic integration in West Africa within the context of the institutional evolution of the Economic Community of West African States (ECOWAS). It uses the tools of the New Institutional Economics School (NIE) to explore the origins and development of the most recent ECOWAS Treaty. Particular attention is given to the interface between domestic legal arrangements and the success of open markets at the regional and international levels.
The Institutionalization of the International Criminal Court
by Salla HuikuriThis book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
The Institutions of Private Law and Their Social Functions
by Eli GinzbergIn the English-speaking world, Karl Renner is by far the best-known among the Austro-Marxists who were active in the Austrian socialist movement during the first few decades of the twentieth century. Recognition of Renner's scholarship is due largely to the English translations of his works on Marxism, as well as to the secondary writings on his notions of socialist legality and national cultural autonomy.Renner has for over half a century been celebrated for the only book of his that has, to date, been wholly translated into English. It remains the classic socialist attempt to off er a realistic understanding of the role of the legal institution of private property in modern society: The Institutions of Private Law and Their Social Functions. In his introduction to this edition, A. Javier Trevii?1/2o discusses the volume's relevance for today, and briefly describes that aspect of Renner's life that occupied most of this time and energy: his involvement in Austrian social democratic politics.The substance of Renner's exposition remains intact. The text provides one of the best insights into the relationship between capitalism and property's economic functions. It emphasizes how this fundamental institution's application has, since the initial stage of finance capitalism, increased or diminished, been externally transformed, or inherently metamorphosed. In an age of unprecedented global financial crisis, emerging market countries, and increased government regulation, Trevii?1/2o suggests we would do well to heed the book's message. It might help us understand the complex situations we encounter today as we grapple with our hybrid identities as salaried workers and economic investors.
The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law
by Malcolm Clarke Baris SoyerThe Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
The Integrated Reporting Paradigm: Antecedents, Present and Future Perspectives (SIDREA Series in Accounting and Business Administration)
by Teresa IzzoIntegrated reporting (IR) has emerged as an accounting change initiative and has rapidly gathered worldwide attention. Great expectations are placed in IR becoming the ultimate tool to secure valuable strategy and business model of disclosure. Although often attributed to the sustainability domain, this topic deserves recognition within a broader discourse on the transformative nature of corporate reporting. Surely, IR represents a theme of great controversy, struggling to find strong theoretical roots as well as a more effective acknowledgment at a practical level. Given these premises, this book provides an in-depth review of the field, enhancing the IR conceptualization through a multi-level perspective of analysis. To this end, it explores the historical background of contemporary integrated reporting practices, illustrating the strengths and weaknesses of the prevailing approaches. The book also analyses the theories that have been used to interpret the IR rationale and explain its wide-spread adoption among organisations. Lastly, it discusses and evaluates the state and the extent of the academic debate, identifying interesting future research paths.
The Integration and Protection of Immigrants: Canadian and Scandinavian Critiques (Law and Migration)
by Paul Van Aerschot Patricia DaenzerIn Scandinavian countries immigration is a sensitive issue and legislators’ approach to the questions it has raised has varied over the years. Whatever immigrant and integration policies are adopted in a democratic society, it is clear that the legislation and the authorities have to ensure that the individual rights of the immigrants residing in its territory are respected. With Canada as a point of reference, this book draws attention to weaknesses in the regulation and implementation of integration provisions threatening the immigrants’ individual rights in the EU member states of Denmark, Finland and Sweden. The study challenges readers to critically review the meaning of rights and the notion of global caring. It takes a critical look at how vulnerable immigrants fare in a largely immigrant nation with a welfare capitalism legacy, when compared to three European nations which claim to embrace institutional welfare models. This book will be of great interest to scholars and decision-makers interested in Scandinavian or Canadian immigration and integration policies.
The Integration of European Financial Markets: The Regulation of Monetary Obligations (UT Austin Studies in Foreign and Transnational Law)
by Noah VardiThe last decade has seen the increasing integration of European financial markets due to a number of factors including the creation of a common regulatory framework, the liberalisation of international capital movements, financial deregulation, advances in technology and the introduction of the Euro. However, the process of integration has proceeded largely in the absence of any comprehensive legal regulation, and has rather been constructed on the basis of sectorial provisions dictated by the needs of cross-border transactions. This has meant that many legal barriers still remain as obstacles to complete integration. This book considers the discipline of monetary obligations within the wider context of financial markets. The book provides a comparative and transnational examination of the legal rules which form the basis of transactions on financial markets. Analysing the integration of the markets from a legal point of view provides an opportunity to highlight the role of globalisation as the key element favouring the circulation of rules, models, and especially the development of new regulatory sources. The book examines market transactions and the institutes at the root of these transactions, including the type of legislative sources in force and the subjects acting as legislators. The first part of the book concentrates on the micro-discipline of money, debts, payments and financial instruments. The second part goes on to analyse the macro-context of integration of the markets, looking at the persistence of legal barriers and options for their removal, as well as the development of new legal sources as a consequence of the transfer of monetary and political sovereignty. Finally, the book draws links between the two parts and assesses the consequences of the changes at the macro-level of regulation on the micro-level of legal discipline of monetary obligations, particularly focusing on the emergence and growing importance of soft law.
The Integrity of the Judge: A Philosophical Inquiry (Law, Justice And Power Ser.)
by Jonathan SoeharnoThere is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
The Integrity of the Servant Leader
by Robert Sumi Dana Mesner-AndolšekThe impact of the global financial crisis is still being felt today and the deeply unethical behaviour of the top level leaders at those economic and financial organizations, that were at the heart of the crisis, has served to highlight the importance of integrity, and in particular the need for servant leadership, if we are to avoid another major catastrophe in the management of both commercial and non-profit organizations. Servant leadership has many features in common with transformational leadership but is primarily focused on caring about employees and their personal development. Ethical behaviour is one of the most important components of successful leadership yet this remains insufficiently investigated, especially from an interdisciplinary perspective. With the help of theory, empirical analysis and the relevant methodological apparatus, the authors fill the gap in the analysis of integrity and its impact on leadership and locate the significant factors which affect integrity in general. They develop and assess the forces that impact Servant Leadership style, as well as the ability to engender trust. As a starting point they make two assumptions: An important element in leading is the ethical dimension of leadership; The ratio of factors that affect leading and the servant leadership style is complex, but the integrity of leaders is the most important among them. The authors examine four integrated scientific areas: ethics and business ethics, human resource management and psychology and focus on the analysis of the process of leadership and the factors within that process of leading that influence its success and its ethical dimension.
The Intellectual Life
by Philip Gilbert HamertonThis classic exploration of the intellectual life has fully retained its unique value since initial publication in 1904, and it is a distinct satisfaction to present it for the pleasure and edification of discerning readers. No subsequent work fully compares to this rare mixture of personal insight, ethics, taste, psychology, and common sense. Philip Gilbert Hamerton bestowed upon it his long experience as a writer and artist, his enviable breadth of knowledge, and his elegance of literary style. The result is a remarkable work, expressing intimately the mind and personality of the author, yet universal in its application to all those with a love of intellectual pursuits. The publisher takes a great deal of pleasure in offering this work to the public.
The Intellectual Life
by Philip Gilbert HamertonThis classic exploration of the intellectual life has fully retained its unique value since initial publication in 1904, and it is a distinct satisfaction to present it for the pleasure and edification of discerning readers. No subsequent work fully compares to this rare mixture of personal insight, ethics, taste, psychology, and common sense. Philip Gilbert Hamerton bestowed upon it his long experience as a writer and artist, his enviable breadth of knowledge, and his elegance of literary style. The result is a remarkable work, expressing intimately the mind and personality of the author, yet universal in its application to all those with a love of intellectual pursuits. The publisher takes a great deal of pleasure in offering this work to the public.
The Intellectual Property and Food Project: From Rewarding Innovation and Creation to Feeding the World
by Jay Sanderson Charles LawsonThe relationship between intellectual property and food affects the production and availability of food by regulating dealings in products, processes, innovations, information and data. With increasingly intricate relations between international and domestic law, as well as practices and conventions, intellectual property and food interact in many different ways. This volume is a timely consideration and assessment of some of the more contentious and complex issues found in this relationship, such as genetic technology, public research and food security, socio-economic factors and the root cause of poverty and patent-busting. The contributions are from leading scholars in this emerging field and each chapter foregrounds some of the key developments in the area, exploring historical, doctrinal and theoretical issues in the field while at the same time developing new ideas and perspectives around intellectual property and food. The collection will be a useful resource in leading further discussion and debate about intellectual property law and food.
The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution
by Laura R. FordDrawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.
The Intellectual Sword: Harvard Law School, the Second Century
by Bruce A. Kimball Daniel R. CoquilletteA history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. In this magisterial study, Bruce Kimball and Daniel Coquillette chronicle the school’s near collapse and dramatic resurgence across the twentieth century. The school’s struggles resulted in part from a debilitating cycle of tuition dependence, which deepened through the 1940s, as well as the suicides of two deans and the dalliance of another with the Nazi regime. HLS stubbornly resisted the admission of women, Jews, and African Americans, and fell behind the trend toward legal realism. But in the postwar years, under Dean Erwin Griswold, the school’s resurgence began, and Harvard Law would produce such major political and legal figures as Chief Justice John Roberts, Justice Elena Kagan, and President Barack Obama. Even so, the school faced severe crises arising from the civil rights movement, the Vietnam War, Critical Legal Studies, and its failure to enroll and retain people of color and women, including Justice Ruth Bader Ginsburg. Based on hitherto unavailable sources—including oral histories, personal letters, diaries, and financial records—The Intellectual Sword paints a compelling portrait of the law school widely considered the most influential in the world.
The Intelligent Nation: How to Organise a Country (Citizenship and Sustainability in Organizations)
by John BeckfordThe Intelligent Nation proposes a systemic and radical transformation of the organisation, management, ownership and performance of the services of the state by capitalising on the potential offered by contemporary information capability and fulfilling the rights and obligations both to and of citizens. In this book, John Beckford shows how, by adopting the principles of an Intelligent Organisation, the state can thrive and meet the needs of its citizens. He proposes a complete rethink of the state as the enabler or provider of public services. In particular, he points to the failure of the public sector to significantly emulate the massive gains in productivity and customer focus experienced in both manufacturing and services (e.g. finance, retailing, insurance). Governance and all public services must be redesigned to align to the contemporary needs of the citizen and exploit the power of information to enable a transformation of their effectiveness, redefine efficiency and support human-based services in crucial areas. Each chapter provides the key learning points, a discussion of the problem in theory and practice, integrated case studies, and discussion points. Written in an accessible style, the book provides thought-provoking supplemental reading for masters and undergraduate students reading organisation theory, organisation development, political science, public administration, healthcare, information systems and business and management science.
The Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals
by Natalia Torres ZúñigaThis book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.