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The Legacy of Bosman
by Ben Van Rompuy Antoine DuvalIn December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book's innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T. M. C. Asser Instituut in The Hague. He holds a Ph. D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T. M. C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph. D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL. M.
The Legacy of John Austin's Jurisprudence
by Michael Freeman Patricia MindusThis is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin's legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law - and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
The Legacy of Nietzsche’s Philosophy of Laughter: Bataille, Deleuze, and Rosset (Routledge Studies in Twentieth-Century Philosophy)
by Lydia AmirThis book investigates the role of humor in the good life, specifically as discussed by three prominent French intellectuals who were influenced by Nietzsche's thought: Georges Bataille, Gilles Deleuze, and Clément Rosset. Lydia Amir begins by discussing Nietzsche’s reception in France, and she explains why and how he came to be considered a "philosopher of laughter" in the French academe. Each of the subsequent three chapters focuses on the significance of humor and laughter in the good life as advocated by Bataille, Deleuze, and Rosset. These chapters also explore the complex relationship between the comic and the tragic, and of humor and laughter to irony, satire, and ridicule. The Legacy of Nietzsche’s Philosophy of Laughter makes an invaluable contribution to recent interpretive work done on Bataille and Deleuze, and offers further introduction to the relatively understudied Rosset. It illuminates the philosophies of these three thinkers, their connection to Nietzsche, and, overall, the significant role that humor plays in philosophy.
The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati (Jurists: Profiles in Legal Theory)
by Mariano Croce Marco GoldoniHow should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
The Legacy of Punishment in International Law
by Harry D. GouldThis book explores the evolution of international punishment from a natural law-based ground for the use of force and conquest to a series of jurisdictional and disciplinary practices in international law not previously seen as being conceptually related.
The Legacy of Ruth Bader Ginsburg
by Scott DodsonRuth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U. S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.
The Legacy of Ruth Bader Ginsburg
by Scott DodsonRuth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.
The Legacy of Vattel's Droit des gens
by Koen Stapelbroek Antonio TrampusThis edited collection offers a reassessment of the complicated legacy of Emer de Vattel’s Droit des gens, first published in 1758. One of the most influential books in the history of international law and a major reference point in the fields of international relations theory and political thought, this book played a role in the transformation of diplomatic practice in the eighteenth and nineteenth century. But how did Vattel’s legacy take shape? The volume argues that the enduring relevance of Vattel’s Droit des gens cannot be explained in terms of doctrines and academic disciplines that formed in the late nineteenth and twentieth centuries. Instead, the chapters show how the complex reception of this book took shape historically and why it had such a wide geographical and disciplinary appeal until well into the twentieth century. The volume charts its reception through translations, intellectual, ideological and political appropriations as well as new practical usages, and explores Vattel’s discursive and conceptual innovations. Drawing on a wide range of sources, such as archive memoranda and diplomatic correspondences, this volume offers new perspectives on the book’s historical contexts and cultures of reception, moving past the usual approach of focusing primarily on the text. In doing so, this edited collection forms a major contribution to this new direction of study in intellectual history in general and Vattel’s Droit des gens in particular.
The Legal Aid Market: Challenges for Publicly Funded Immigration and Asylum Legal Representation
by Jo WildingEven though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
The Legal Analyst: A Toolkit for Thinking about the Law
by Ward FarnsworthDrawing on economics, game theory, psychology, jurisprudence, and other fields. Ward Farnsworth's "The Legal Analyst" is a fascinating guide to tools for thinking about the law. Every idea is taught step-by-step, explained in clear, lively language, and illustrated with telling examples. The result is an indispensable book for law students, lawyers, scholars, and anyone else interested in legal questions.
The Legal Analyst: A Toolkit for Thinking about the Law (Late Medieval And Early Renaissance Music In Facsimile Ser.)
by Ward FarnsworthThere are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
The Legal Architecture of English Cathedrals (Law and Religion)
by Norman DoeThis original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops’ Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today – old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.
The Legal Aspects of Industrial Hygiene and Safety (Sustainable Improvements in Environment Safety and Health)
by Kurt W. DregerThe Legal Aspects of Industrial Hygiene and Safety explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers. A description is presented of the various legal concepts and processes that often arise in the IH/S practice, including tort, contract, and administrative law. The goal is to provide IH/S managers with sufficient knowledge to be able to incorporate legal risk analysis into everyday decision-making and policy development. This book will explore the legal issues that arise in IH/S practice and will be helpful to new IH/S managers as they progress in their careers. FEATURES Explores various legal issues that are often encountered by Industrial Hygiene and Safety managers during their careers Provides insight into the legal issues and processes to IH/S managers that are traditionally only available to attorneys Improves the IH/S managers' ability to communicate complex IH/S issues to in-house counsel Presents tools and knowledge to IH/S managers so they can better consider the legal risks of the decisions they make Covers various legal concepts and processes that can arise in the IH/S practice, including tort, contract, and administrative law
The Legal Authority of ASEAN as a Security Institution (Integration through Law:The Role of Law and the Rule of Law in ASEAN Integration #17)
by Donald R. Rothwell Hitoshi Nasu See Seng Tan Rob McLaughlinThe Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has emerged as a distinct model of security institution, while the region's contemporary security landscape has diversified with various non-traditional security issues. By looking beyond the veneer of diplomacy and prevailing political circumstances, this book examines the legal nature and form of ASEAN's authority to address diverse regional security issues. It provides a fresh perspective on ASEAN's role as a security institution. With an interdisciplinary analysis, this book reveals the normative role that ASEAN plays in facilitating the processes of norm development, localisation and internalisation as it deals with contemporary security challenges confronting Southeast Asia.
The Legal Brain: A Lawyer's Guide to Well-Being and Better Job Performance
by Debra S. AustinThe Legal Brain is an essential guide for legal professionals seeking to understand the impact of chronic stress on their brain and mental health. Drawing on the latest neuroscience and psychology research, the book translates complex scientific concepts into actionable advice for legal professionals looking to enhance their well-being and thrive amidst the demands and stressors of the profession. Chapters cover optimizing cognitive fitness and performance, avoiding or healing cognitive damage, and protecting “the lawyer brain.” Whether you are a law student, practicing lawyer, judge, or leader of a legal organization, this book provides valuable insights and strategies for building resilience, maintaining peak performance, and protecting your most important asset - your brain.
The Legal Career Guide
by Gary A. Munneke Ellen WayneMunneke (law, Pace U. ) and Wayne (career services, Columbia U. School of Law) present a career guide to help law students identify their goals, evaluate opportunities, and assess trends in the profession during and after law school. The guide covers planning, assessment of personal and professional skills, the job search process, and types of careers in the marketplace. This edition has been updated to address the needs of today's students who seek both career satisfaction and a healthy life balance. The accompanying CD contains sample resumes, charts, checklists, and an appendix that contains an annotated list of resources, which is also in the book. Annotation ©2009 Book News, Inc. , Portland, OR (booknews. com)
The Legal Case for Palestine: A Critical Assessment (ISSN)
by Steven E. ZippersteinThis book critically analyzes the Palestinian legal arguments against Israeli occupation and in favor of Palestinian statehood.For the past two decades, Palestinians have chosen to pursue their claims against the Israeli occupation through litigation at the international courts. It is therefore appropriate, the author contends, to analyze the merits of the Palestinian legal claims separately from their political claims. To do so, the book comprises five parts: Part I addresses the role of international law in the conflict as well as Palestinian legal framing and lawfare. Part II recounts the relevant legal history, including the crucial legal implications of the Oslo Accords. Part III analyzes Palestinian legal claims regarding the West Bank and the Gaza Strip. Part IV assesses the Palestinian legal case for statehood. Part V analyzes Palestinian legal claims regarding Jerusalem. Ultimately, it is argued that the Palestinian legal case is weak even though the two-state solution continues to represent the most viable long-term political outcome to the conflict. Moreover, the author suggests that Palestinian leaders have repeatedly opted for conflict perpetuation through lawfare and violence, rather than conflict resolution through negotiation.Providing fresh insights into the claims and counterclaims of Palestinian legal arguments, the book will appeal broadly to anyone interested in the Israeli-Palestinian conflict and international law.
The Legal Challenges of the Fourth Industrial Revolution: The European Union's Digital Strategy (Law, Governance and Technology Series #57)
by Chen Chen Dário Moura Vicente Sofia de Vasconcelos CasimiroThis book explores the concept of a fourth industrial revolution as an expression of the current technological, economic, and social changes sparked by the growing interconnectivity and intelligent automation that have emerged in the 21st century. It seeks to identify and explain the legal challenges posed by this phenomenon in four main areas: content, economy, security, and people.Part I, Content, considers e.g. the problems posed by new uses of protected works in the digital environment, and the new rules on liability for intermediary services contained in the Digital Services Act.Part II, Economy, is particularly concerned with the regulation of Big Tech in the EU’s Digital Markets Act, ecommerce and EU consumers’ rights, the taxation of online platforms, and digital advertising.Part III, Security, addresses the European Union Strategy for Cybersecurity, the use of biometric data systems and facial recognition technologies for law enforcement purposes, and the security implications of the Proposal for an EU Regulation on Artificial Intelligence, as well as the challenges entailed by the European Union’s positioning itself as a major cyber defence actor.Part IV, People, discusses the Data Protection Litigation System under the GDPR, the right to disconnect from work, the proposed EU Catalogue of Fundamental Digital Rights, the countering of terrorist propaganda online through the TERREG and the DSA, and AI and Fundamental Rights.
The Legal Consequences of Limited Statehood: Palestine in Multilateral Frameworks
by Shadi SakranThis book analyzes Palestine’s acceptance as a State in multilateral frameworks and its legal consequences.Using Palestine as a case study, this book argues that participation in a State-reserved regime is not determined by the traditional requisites of statehood. UNESCO membership unveils the acceptance of Palestine as a State for the limited purpose of the organization, without any immediate or implicit implications for the statehood of Palestine. Palestine’s accessions to various multilateral treaties demonstrate this argument as do its instruments of accession being accepted by the depositaries of both the United Nations Secretary-General and national Governments without requiring any clarification of the statehood question. This book also provides the first in-depth study of the legal relationship of the rights and duties of Palestine with different groups of State Parties; the recent dispute settlement brought by Palestine against the United States and Israel; and theoretical and practical challenges for Palestine in its acceptance as a State in multilateral frameworks.The book will be of interest to scholars and students of international law, legal theory, state law, and Middle East studies.
The Legal Dimensions of Oil and Gas in Iraq
by Rex J. ZedalisThis volume presents the first and only comprehensive examination of the legal issues surrounding international debt recovery on claims against Iraqi oil and gas. In addition to presenting a snapshot view of Iraq's outstanding debt obligations and an analysis of the significance of the theory of odious debt in the context of the Iraqi situation, the list of legal issues examined includes relevant provisions of the Iraqi Constitution of 2005, controlling Security Council resolutions, pertinent articles of the KRG oil and gas law (No. 22) of 2007 and the many nuanced and technical questions raised thereby, legal pronouncements aimed at protecting Iraqi oil and gas and those adopted in selected other nations, and general problems associated with recognition and enforcement of awards or judgments that may involve such oil and gas or revenues from the sale thereof. Also discussed are the lessons learned by the handling of the Iraq debt experience and the transferability of those lessons to future situations in which resource-rich nations may have outstanding financial obligations to other members of the world community or their nationals.
The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
by James R. Silkenat James E. Hickey Peter D. BarenboimThis book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
The Legal Environment Today
by Roger Miller Frank CrossBased on content required by the Association to Advance Collegiate Schools of Business, THE LEGAL ENVIRONMENT TODAY, SUMMARIZED CASE EDITION, 8E equips you with working knowledge of business-related laws while strengthening the critical reasoning skills you need to interpret and apply them. Coverage includes the latest on cyber law, social media, privacy, corporate responsibility, financial and credit card reforms, health-care laws, and much more. Using summarized cases from 2013 and 2014 legal decisions, the text helps you identify and resolve legal issues you may encounter in the business world. Hypothetical situations and exercises, ethical discussions, and international considerations give you further insight into how business law applies to your everyday life and future career. In addition, exam preparation sections in the text and online access to interactive flash cards, quizzing, and other tools help maximize your course success.
The Legal Environment of Business
by Frances L. Edwards Roger E. Meiners Al. H. RinglebIntroduce the structure and function of today's legal system from the perspective of a business practitioner with Meiners/Ringleb/Edwards' THE LEGAL ENVIRONMENT OF BUSINESS, 14E. <p><p>This edition highlights law and regulatory areas of the legal environment that are most relevant and important in business today. This edition's traditional case focus is updated with nearly 40% new cases to reflect today's legal changes. Chapters divided into manageable subparts make this resource ideal for online or in-person courses. An updated appendix also guides students through effective online legal research. Students examine a range of legal topics with business-specific examples and meaningful cases that direct attention to key points of law. Landmark cases reinforce important points while cases to which your students can easily relate are used to highlight common business situations.
The Legal Environment of Business
by Jethro K. Lieberman Don Mayer Daniel M. Warner George J. SiedelMayer, Warner, Siedel and Lieberman's The Legal Environment of Business is an up-to-date textbook with comprehensive coverage of legal and regulatory issues for your introductory Legal Environment of Business course. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style.
The Legal Environment of Business
by Leonard Bierman Michael Pustay Keith D. Swim Jr.Impact of the external environment--legal, political, economic and international--on business behavior; market and non-market solutions to contemporary public policies confronting businesspersons examined including antitrust law, employment and discrimination law, product safety regulation, consumer, protection and ethics.