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The Struggle over Law in Europe (ISSN)
by Aldo SandulliThis book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.
The Struggle over State Power in Zimbabwe: Law and Politics since 1950 (African Studies #139)
by George Hamandishe KarekwaivananeThe establishment of legal institutions was a key part of the process of state construction in Africa, and these institutions have played a crucial role in the projection of state authority across space. This is especially the case in colonial and postcolonial Zimbabwe. George Karekwaivanane offers a unique long-term study of law and politics in Zimbabwe, which examines how the law was used in the constitution and contestation of state power across the late-colonial and postcolonial periods. Through this, he offers insight on recent debates about judicial independence, adherence to human rights, and the observation of the rule of law in contemporary Zimbabwean politics. The book sheds light on the prominent place that law has assumed in Zimbabwe's recent political struggles for those researching the history of the state and power in Southern Africa. It also carries forward important debates on the role of law in state-making, and will also appeal to those interested in African legal history. Offers readers a unique long-term study of law and politics in Zimbabwe, providing an extensive overview in one key text. By avoiding technical legal concepts, the book offers a multidisciplinary approach to Zimbabwean law and history. Taking forward important debates in the social and political history of law in Africa, it will appeal to students and scholars interested in historiographical debates in African history.
Struggles and Successes in the Pursuit of Sustainable Development (The Principles for Responsible Management Education Series)
by Tay Keong Tan Milenko Gudić Patricia M. FlynnThe challenges associated with the struggles for attainment of the Sustainable Development Goals (SDGs) and objectives are as diverse and complex as the variety of human societies, national conditions and natural ecosystems worldwide. Despite decades of economic growth and technological advances, our world is plagued by poverty, hunger, disease, conflicts and inequality, and many societies are under the strain of environmental changes and governance failure. Such global-scale challenges call for the SDGs to be translated beyond bold concepts and aspirational targets into concrete programs and feasible plans that are substantively valuable, locally acceptable, pragmatic and operationally implementable. In the pursuit of the SDGs, positive results are far from guaranteed. Success is uncertain. Instead, the path forward requires difficult learning, experimentation and adaptation by multiple stakeholders. Loss and sacrifice are foreseeable and often inevitable. This important book captures the lessons from ongoing struggles and the early successes. Productive failures and emerging practices are identified, analyzed and promulgated for interdisciplinary learning by, and for the inspiration of, like-minded individuals, organizations, communities and nations worldwide. They can also inform and enrich the curricula in universities, training institutions and schools to prepare future generations of citizens, leaders and activists with the ethos and values of sustainability and social responsibility. The book offers a platform for academics, practitioners and concerned global citizens to identify pathways forward on the immense challenges of sustainability.
Struggles for the Human: Violent Legality and the Politics of Rights (Global and Insurgent Legalities)
by Lara Montesinos ColemanIn Struggles for the Human, Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives.
Strukturwandel im Krankenhaus und Perspektiven interner Audits: Eine Mixed-Methods Analyse (BestMasters)
by Laura BartschDer Gesundheitssektor steht vor komplexen Herausforderungen und Veränderungen, die durch dynamische Umstrukturierungen bewältigt werden können. Eine agile Arbeitsweise ermöglicht hierbei eine flexible Anpassungsfähigkeit. Besonders im Fokus steht das Qualitätsmanagement in Krankenhäusern, wobei interne Audits und deren Prüfprozesse betrachtet werden. Um die Patienten- und Qualitätssicherung zu optimieren und auf kontinuierliche Veränderungen zu reagieren, bietet die agile Auditierung mit einem iterativen Ansatz großes Potenzial.
Student Handbook of Criminal Justice and Criminology
by John Muncie David WilsonWritten by some of the leading criminologists in the country, this new title is a 'one-stop shop' for those who teach, study or are interested in criminology and the criminal justice systems of the UK.
Students, Colleges, and Disability Law
by Stephen B. ThomasThis text examines the obligations and rights of students with disabilities and the institutions they attend in higher education, including guidelines for university administrators.
A Student's Guide to Equity and Trusts
by Judith BrayThis engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
A Student's Guide to Equity and Trusts
by Judith BrayThis engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for successful further study. The law is made relevant to current practice through chapters that define and explain key legal principles. Examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
A Student's Guide to Law School: What Counts, What Helps, and What Matters (Chicago Guides To Academic Life Ser.)
by Andrew B. AyersLaw school can be a joyous, soul-transforming challenge that leads to a rewarding career. It can also be an exhausting, self-limiting trap. It all depends on making smart decisions. When every advantage counts, A Student’s Guide to Law School is like having a personal mentor available at every turn. As a recent graduate and an appellate lawyer, Andrew Ayers knows how high the stakes are—he’s been there, and not only did he survive the experience, he graduated first in his class. In A Student’s Guide to Law School he shares invaluable insight on what it takes to make a successful law school journey. Originating in notes Ayers jotted down while commuting to his first clerkship with then-Judge Sonia Sotomayor, and refined throughout his first years as a lawyer, A Student’s Guide to Law School offers a unique balance of insider’s knowledge and professional advice. Organized in four parts, the first part looks at tests and grades, explaining what’s expected and exploring the seven choices students must make on exam day. The second part discusses the skills needed to be a successful law student, giving the reader easy-to-use tools to analyze legal materials and construct clear arguments. The third part contains advice on how to use studying, class work, and note-taking to find your best path. Finally, Ayers closes with a look beyond the classroom, showing students how the choices they make in law school will affect their career—and even determine the kind of lawyer they become. The first law school guide written by a recent top-ranked graduate, A Student’s Guide to Law School is relentlessly practical and thoroughly relevant to the law school experience of today’s students. With the tools and advice Ayers shares here, students can make the most of their investment in law school, and turn their valuable learning experiences into a meaningful career.
A Student's Guide to Mass Communication and Law
by Amber Nieto John F. SchmittA unique learning tool for students in journalism and mass communication, A Student's Guide to Mass Communication Law is written for students by a top student. Amber Nieto and her professor John F. Schmitt who also brings his experience as a lawyer and a journalist have created an easy-to-read study guide to be used alongside any main textbook on media law or communication law. An outline format allows for quick reference and for instructors to choose material useful to their courses. Including a glossary and the text of the U. S. Constitution, this concise guide covers key areas such as free speech, freedom of the press, censorship, the student press, defamation and libel, privacy, intellectual property, fair trial issues, shield laws, freedom of information, obscenity, electronic media regulation, media ownership, and advertising. A Student's Guide helps students understand textbook material and serves as an ongoing refresher course on the basics of mass communication law and media law.
A Student's Guide To The Federal Rules Of Civil Procedure, 2023-2024 (Selected Statutes Ser.)
by Steven Baicker-McKee William JanssenWhat Makes A Student's Guide to the Federal Rules of Civil Procedure Different? Text of the Rules, Title 28, and Constitution: The 2023-2024 edition supplies what your students need―the text of the Federal Rules of Civil Procedure (as amended through December 1, 2022), the frequently-consulted sections of the U.S. Judiciary Code (as amended through February 1, 2022), and the text of the U.S. Constitution. Most Rules Supplements available to students contain that same content. But where most supplements stop, A Student’s Guide continues on…. PLUS… Student-Friendly Orientation to Each Rule: What many students often find challenging in studying Civil Procedure―and what is less likely to be found in either a casebook or a conventional study aid―is an understanding of how each Rule "fits" into the master scheme of federal civil practice generally. A Student’s Guide offers students that very guidance. Three features follow the text of each Rule: "How This Rule Fits In" explains for students the broad context of each Rule and the role each plays in federal civil practice; "The Architecture of this Rule" guides students in unpacking the structure of those Rules that are especially long and confusing; “How This Rule Works in Practice” helps students understand each Rule’s application, subpart by subpart, in the real-world, practical life of practicing attorneys. PLUS… Citations to Interpretative Case Law: Also unlike most other Rules Supplements, A Student's Guide provides students with select, leading interpretative case law analyzing the Rules and their subparts (current through February 2023). This, then, converts this resource into a "finding aid” of sorts, as students work through applied problems in the context of the Rules. PLUS… A “Getting Started” Overview to Federal Practice Concepts: Because many of the related core concepts of federal practice are an amalgam of law found in Rules, statutes, constitutional provisions, and case law, A Student's Guide bridges that gulf with quick, orienting discussions of central practice concepts like personal jurisdiction, subject-matter jurisdiction, removal, venue, forum non conveniens, the Erie Doctrine, and claim and issue preclusion. These distillations allow students to acquire a broad view of those related practice contexts. PLUS… A Handy Overview of Federal Appellate Practice: A Student’s Guide also includes a concise, student-friendly overview of federal appellate practice. PLUS… A Helpful Orientation to the Rulemaking Process: A Student’s Guide also includes a brief orientation for students to the process of federal rulemaking, how the Rules originally came into existence, and how they are amended.
A Student's Guide To The Internal Revenue Code (Sixth Edition)
by Richard Gershon Jeffrey A. MaineThis Guide book does not teach substantive tax law, which constantly changes, but rather the language of tax, which largely remains constant. Thus, a student who learns how to read the Internal Revenue Code effectively will be able to understand each new tax reform. To that end, A Student's Guide to the Internal Revenue Code: • Examines statutory organization and language; • Introduces basic tax constants to provide a frame of reference from which to view tax law, no matter what future tax reform might bring; • Teaches how to use and research the cases, regulations, and Internal Revenue proclamations; • Provides numerous problems and exam questions which students can use to test their ability to apply the language of the Internal Revenue Code; and • Provides sample answers to problems and exams for students to monitor their progress.
A Student's Guide to the Study of Law (ISI Guides to the Major Disciplines)
by Gerard V. BradleyA law professor&’s concise look at legal concepts, landmark cases, and the complex relationship between law and morality. In a society in which courts, and hence lawyers, have achieved extraordinary power, it is not surprising that the discipline of law is contentious and controversial. In A Student&’s Guide to the Study of Law, Gerard V. Bradley, professor of law at the University of Notre Dame Law School and an expert in the areas of constitutional law and law and religion, introduces readers to the major concepts, cases, and thinkers that have shaped American legal scholarship and history. He also helps readers better understand what, at bottom, is at stake in the different understandings of the nature of law that drive many of our national debates.
Studies In Contract Law (University Casebook)
by Ian Ayres Gregory KlassIn the Ninth Edition of Studies in Contract Law, Ian Ayres and Greg Klass have continued their work of streamlining, updating and supplementing this classic casebook. The new edition includes extensive discussion of the Draft Restatement (Third) of Consumer Contracts. There are new cases on telemarketing, good faith, the perfect tender rule, warranties and reliance, half-truths, fraud liability between contracting parties, class arbitration, adequate assurances, mitigation, mental anguish, intentional interference, and personal services contracts. And the authors have added three new drafting exercises to the many practice problems that the book has always included.
Studies in Global Animal Law (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #290)
by Anne PetersThis open access book contains 13 contributions on global animal law, preceded by an introduction which explains key concepts and methods. Global Animal Law refers to the sum of legal rules and principles (both state-made and non-state-made) governing the interaction between humans and other animals, on a domestic, local, regional, and international level. Global animal law is the response to the mismatch between almost exclusively national animal-related legislation on the one hand, and the global dimension of the animal issue on the other hand. The chapters lay some historical foundations in the ius naturae et gentium, examine various aspects of how national and international law traditionally deals with animals as commodity; and finally suggest new legal concepts and protective strategies. The book shows numerous entry points for animal issues in international law and at the same time shifts the focus and scope of inquiry.
Studies in Legal History: Women and Justice for the Poor
by Felice BatlanThis book re-examines fundamental assumptions about the American legal profession and the boundaries between 'professional' lawyers, 'lay' lawyers, and social workers. Putting legal history and women's history in dialogue, it demonstrates that nineteenth-century women's organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for the poor.
Studies in Legal History: Criminal Law in Liberal and Fascist Italy
by Paul GarfinkelBy extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861-1922) to the Fascist era (1922-43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
Studies in Legal History: Essays on Law in History and History in Law (Studies in Legal History)
by Gordon Robert W.Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
Studies in Legal History: The Old English Penitentials and Anglo-Saxon Law
by Stefan JurasinskiSome of the earliest examples of medieval canon law are penitentials - texts enumerating the sins a confessor might encounter among laypeople or other clergy and suggesting means of reconciliation. Often they gave advice on matters of secular law as well, offering judgments on the proper way to contract a marriage or on the treatment of slaves. This book argues that their importance to more general legal-historical questions, long suspected by historians but rarely explored, is most evident in an important (and often misunderstood) subgroup of the penitentials: composed in Old English. Though based on Latin sources - principally those attributed to Theodore, Archbishop of Canterbury (d. 690) and Halitgar of Cambrai (d. 831) - these texts recast them into new ordinances meant to better suit the needs of English laypeople. The Old English penitentials thus witness to how one early medieval polity established a tradition of written vernacular law.
Studies in Legal History: Fractional Freedoms
by Mckinley Michelle A.Fractional Freedoms explores how thousands of slaves in colonial Peru were able to secure their freedom, keep their families intact, negotiate lower self-purchase prices, and arrange transfers of ownership by filing legal claims. Through extensive archival research, Michelle A. McKinley excavates the experiences of enslaved women whose historical footprint is barely visible in the official record. She complicates the way we think about life under slavery and demonstrates the degree to which slaves were able to exercise their own agency, despite being ensnared by the Atlantic slave trade. Enslaved women are situated as legal actors who had overlapping identities as wives, mothers, mistresses, wet-nurses and day-wage domestics, and these experiences within the urban working environment are shown to condition their identities as slaves. Although the outcomes of their lawsuits varied, Fractional Freedoms demonstrates how enslaved women used channels of affection and intimacy to press for liberty and prevent the generational transmission of enslavement to their children.
Studies in Legal History: The Treason Prosecution of Jefferson Davis (Studies in Legal History)
by Cynthia NicolettiThis book focuses on the post-Civil War treason prosecution of Confederate President Jefferson Davis, which was seen as a test case on the major question that animated the Civil War: the constitutionality of secession. The case never went to trial because it threatened to undercut the meaning and significance of Union victory. Cynthia Nicoletti describes the interactions of the lawyers who worked on both sides of the Davis case - who saw its potential to disrupt the verdict of the battlefield against secession. In the aftermath of the Civil War, Americans engaged in a wide-ranging debate over the legitimacy and effectiveness of war as a method of legal adjudication. Instead of risking the 'wrong' outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. White (1869).
Studies on International Courts and Tribunals: The Legitimacy of International Criminal Tribunals
by Nobuo Hayashi Bailliet Cecilia M. Nicholson Joanna Cecilia M. Joanna NicholsonWith the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.
Studio Craft & Technique for Architects Second Edition
by Anne Gorman Miriam DelaneyThis one-stop handbook for architecture students provides step-by-step techniques for perfecting the vital skills of drawing, model making and surveying. It is a primer on the conventions of architectural representation and the use of materials. It also explains the primary elements of construction and structure from first principles, using clear diagrams and drawings. Recommended in the first year at numerous architecture schools, this second edition has been updated to include a new section on sustainability, more on types of drawing and when to use them, and more on structural principles and materials.