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The Psychology of Tort Law (Psychology and the Law #2)
by Jennifer K Robbennolt Valerie P HansTort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform.The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.
The Psychosocial Impacts of Whistleblower Retaliation: Shattering Employee Resilience and the Workplace Promise
by Jacqueline Garrick Martina BuckThis book analyzes the harms related to whistleblower retaliation, its psychosocial impacts on employees, and the institutional dysfunction it creates and perpetuates. Stigma and biases against whistleblowers interfere with their ability to make protected disclosures when harm to others is at stake. Retaliatory toxic tactics create an atmosphere and corporate culture that embodies fear and encourages bystander behavior. In this book, the authors explore psychosocial impacts across domains that include financial, legal, social, physical, and emotional well-being. Ten of the 14 chapters specifically examine the toxic tactics of retaliation: gaslighting, mobbing, marginalizing, shunning, devaluing, double-binding, career blocking, counter-accusing, bullying, and doxxing. These toxic tactics are the building blocks of workplace traumatic stress (WTS) and can lead to posttraumatic stress disorder (PTSD), depression, substance abuse, and suicide. WTS is a term that differentiates between workplace violence or job stress, which can be components of WTS but do not fully describe the systemic hostile work environment that targets an employee. Understanding WTS and how it disrupts identity, causes moral injury, and shatters world views are important aspects for clinicians treating clients who are victims of this kind of hostile work environment. The Psychosocial Impacts of Whistleblower Retaliation is a useful resource offering a new way for social workers, mental health providers, advocates, and other support services professionals and practitioners to assist whistleblowers. It helps clinicians understand how to view patients suffering from whistleblower retaliation and gives them a lexicon for forensic evaluations. Lawyers, especially those specializing in employment, labor, and Qui Tam cases, also could benefit from having a means to describe the psychosocial impacts of retaliation and WTS on their clients when filing for compensatory damages for pain and suffering during judicial proceedings. Finally, the book could appeal to employees and managers, human resources professionals, victim rights advocates, elected officials, media personnel, and other professionals who are interested in learning more about whistleblower retaliation and its psychosocial and cultural implications.
The Public Insult Playbook: How Abusers in Power Undermine Civil Rights Reform
by Ruth ColkerWhen they go low, we learn: an examination of mudslinging in contemporary American politics—and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse—a technique not invented by but certainly refined by Donald Trump—and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.
The Public International Law Theory of Hans Kelsen
by Jochen Von Bernstorff Thomas DunlapThis analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.
The Public International Law of Trade in Legal Services (Cambridge International Trade and Economic Law)
by David CollinsThis book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.
The Public Nature of Private Property (Law, Property and Society)
by Michael DiamondWhat, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
The Public Nature of Private Violence: Women and the Discovery of Abuse
by Roxanne Mykitiuk Martha Albertson FinemanFirst Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.
The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards: Lessons from and for China
by Shu ZhangThis book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China. The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China. It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.
The Public Sector in Hong Kong
by Ian ScottThis book describes and analyses the role of the public sector in the often-charged political atmosphere of post-1997 Hong Kong. It discusses critical constitutional, organizational and policy problems and examines their effects on relationships between g
The Public Understanding of Political Integrity
by Jonathan RoseThrough detailed analyses of major and newly available datasets, this study examines the utility of a public probity-focused approach to understanding citizen disaffection with politicians. It shows that perceptions of public probity are coherent, substantively meaningful, responsive, and, most importantly, that they do matter.
The Public in Law: Representations of the Political in Legal Discourse (Edinburgh/glasgow Law And Society Ser. #76)
by Gregor Clunie Haris PsarrasBringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.
The Punitive Society: Lectures at the Collège de France, 1972-1973
by Michel Foucault Graham Burchell Arnold I. DavidsonThese thirteen lectures on the 'punitive society,' delivered at the Coll#65533;ge de France in the first three months of 1973, examine the way in which the relations between justice and truth that govern modern penal law were forged, and question what links them to the emergence of a new punitive regime that still dominates contemporary society.
The Puppet Masters
by Emile van der Does de Willebois Emily M. Halter Robert A. Harrison Ji Won Park J. C. SharmanBillions in corrupt assets, complex money trails, strings of shell companies and other spurious legal structures. These form the complex web of subterfuge in corruption cases, behind which hides the beneficial owner- the Puppet Master and beneficiary of it all. Linking the beneficial owner to the proceeds of corruption is notoriously hard. With sizable wealth and resources on their side, they exploit transnational constructions that are hard to penetrate and stay aggressively ahead of the game. Nearly all cases of grand corruption have one thing in common. They rely on corporate vehicles- legal structures such as companies, foundations and trusts -- to conceal ownership and control of tainted assets. The Misuse of Corporate Vehicles takes these corporate vehicles as its angle of investigation. It builds upon cases, interviews with investigators, corporate registries and financial institutions, as well as a 'mystery shopping' exercise that provide factual evidence of a criminal practice. This approach is used to understand the nature of the problem and design policy recommendations to facilitate the investigative process by unraveling the complex world of CVs. This lucidly written report is solidly built on step-by step arguments and designed to deliver practical, applicable and well substantiated recommendations. It is intended for use by policy makers in developing national legislation and regulation as well as international standard setters. It also provides helpful information for practitioners engaged in investigating corrupt officials and academics involved in the study of financial crime.
The Purpose Upgrade: Change Your Business to Save the World. Change the World to Save Your Business
by Paul SkinnerUnlock greater profits. Empower happier and more engaged staff. Foster loyalty and connection with customers. Save your business... and the world. How? It all starts with a Purpose Upgrade.History shows that hard times can lead to the greatest opportunities for renewal. The Purpose Upgrade will support readers in leading enterprises that thrive by solving our most important problems.It shows how businesses can create more compelling benefits for customers, build meaningful livelihoods for colleagues, and unlock superior returns for investors by 'repurposing' and revitalising the activities they engage in.Meet the social entrepreneur who repurposed the previously 'boring' trade in office supplies to fund micro-finance initiatives that reach millions of the people most exposed to poverty, so that 'even a bad day at the office saves lives'.Learn how the leaders of a coal-mining business repurposed their enterprise first as an industrial chemicals company and then more spectacularly as a sustainable living business, generating unprecedented shareholder returns by aligning their objectives with the United Nations Sustainable Development Goals. They are now changing the lives of smallholder farmers, re-directing the food system to a more sustainable model, and harnessing the power of the world's biggest brands to provide more nutritious food on a healthier planet. And, most importantly, discover a unique methodology that you can use to make a Purpose Upgrade an always-available event at any level of your own enterprise.There has never been a more urgent need to change our businesses to save the world or a more opportune time to change the world to save our businesses.
The Purpose Upgrade: Change Your Business to Save the World. Change the World to Save Your Business
by Paul SkinnerUnlock greater profits. Empower happier and more engaged staff. Foster loyalty and connection with customers. Save your business... and the world. How? It all starts with a Purpose Upgrade.History shows that hard times can lead to the greatest opportunities for renewal. The Purpose Upgrade will support readers in leading enterprises that thrive by solving our most important problems.It shows how businesses can create more compelling benefits for customers, build meaningful livelihoods for colleagues, and unlock superior returns for investors by 'repurposing' and revitalising the activities they engage in.Meet the social entrepreneur who repurposed the previously 'boring' trade in office supplies to fund micro-finance initiatives that reach millions of the people most exposed to poverty, so that 'even a bad day at the office saves lives'.Learn how the leaders of a coal-mining business repurposed their enterprise first as an industrial chemicals company and then more spectacularly as a sustainable living business, generating unprecedented shareholder returns by aligning their objectives with the United Nations Sustainable Development Goals. They are now changing the lives of smallholder farmers, re-directing the food system to a more sustainable model, and harnessing the power of the world's biggest brands to provide more nutritious food on a healthier planet. And, most importantly, discover a unique methodology that you can use to make a Purpose Upgrade an always-available event at any level of your own enterprise.There has never been a more urgent need to change our businesses to save the world or a more opportune time to change the world to save our businesses.
The Purpose Upgrade: Change Your Business to Save the World. Change the World to Save Your Business
by Paul SkinnerUnlock greater profits. Empower happier and more engaged staff. Foster loyalty and connection with customers. Save your business... and the world. How? It all starts with a Purpose Upgrade.History shows that hard times can lead to the greatest opportunities for renewal. The Purpose Upgrade will support readers in leading enterprises that thrive by solving our most important problems.It shows how businesses can create more compelling benefits for customers, build meaningful livelihoods for colleagues, and unlock superior returns for investors by 'repurposing' and revitalising the activities they engage in.Meet the social entrepreneur who repurposed the previously 'boring' trade in office supplies to fund micro-finance initiatives that reach millions of the people most exposed to poverty, so that 'even a bad day at the office saves lives'.Learn how the leaders of a coal-mining business repurposed their enterprise first as an industrial chemicals company and then more spectacularly as a sustainable living business, generating unprecedented shareholder returns by aligning their objectives with the United Nations Sustainable Development Goals. They are now changing the lives of smallholder farmers, re-directing the food system to a more sustainable model, and harnessing the power of the world's biggest brands to provide more nutritious food on a healthier planet. And, most importantly, discover a unique methodology that you can use to make a Purpose Upgrade an always-available event at any level of your own enterprise.There has never been a more urgent need to change our businesses to save the world or a more opportune time to change the world to save our businesses.
The Purpose of Intervention: Changing Beliefs about the Use of Force (Cornell Studies in Security Affairs)
by Martha FinnemoreViolence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, in why countries intervene militarily as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention-the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.
The Pursuit of Life: The Promise and Challenge of Palliative Care
by Robert Fine, Jack Levison and Kelsey SpinnatoThis volume examines crucial concerns in palliative care, including the proper balance between comfort and cure for the patient, the integration of spiritual well-being, and the challenges of providing care in the absence of basic medical services and supplies.In the first section, palliative-care pioneers Constance Dahlin, Eduardo Bruera, Neil MacDonald, and Declan Walsh recount the early history of the discipline. Part 2 discusses the role of poetry, prose, plays, and other aspects of the humanities in the practice of palliative care. Part 3 explores essential current issues in the field, including autonomy, the use of opioids, and the impact of artificial intelligence on the evolution of palliative care. The final section focuses on the spiritual dimensions of pain and suffering.Rich with anecdotes and personal stories and featuring contributions from pioneers and current practitioners, The Pursuit of Life is an essential assessment of the past, present, and future of palliative care. In addition to the editors, the contributors include W. Andrew Achenbaum, Stacy L. Auld, Elena Pagani Bagliacca, Costantino Benedetti, Courtenay Bruce, Eduardo Bruera, Joseph Calandrino, Jim Cleary, Constance Dahlin, Andrea Ferrari, Mauro Ferrari, Joseph J. Fins, Bettie Jo Tennon Hightower, Kathryn B. Kirkland, Robin W. Lovin, Neil MacDonald, Charles Millikan, Dominique J. Monlezun, Tullio Proserpio, Giovanna Sironi, Daniel P. Sulmasy, and Declan Walsh.
The Pursuit of Stability of the Euro Area as a Whole: The Reform of the European Economic Union and Perspectives of Fiscal Integration (Studies in European Economic Law and Regulation #18)
by Luca LionelloThis book analyses the ongoing reform of the European economic union in the light of the new objective of ‘stability of the euro area as a whole’ in Article 136(3) TFEU. On the basis of the relevant legal sources, it qualifies this objective as the obligation to preserve the existence of the monetary union, the establishment of which was an EU goal laid down in Article 3(4) TEU. While to date the objective has been achieved through fiscal and macroeconomic consolidation in the member states and the activation of stabilisation mechanisms in cases of emergency, the book argues that full stability requires a better system of economic governance, either through a process of partial fiscal centralisation or the return to a more efficient and sustainable market discipline of public finances. It also analyses the concrete legal challenges these raise, including compliance with the conferral principle, the longstanding democratic deficit of the governance and the balance between financial solidarity and fiscal responsibility.
The Putin Interviews: Oliver Stone Interviews Vladimir Putin
by Robert Scheer Oliver StoneWITH SUBSTANTIAL MATERIAL NOT INCLUDED IN THE DOCUMENTARY Academy Award winner Oliver Stone was able to secure what journalists, news organizations, and even other world leaders have long coveted: extended, unprecedented access to Russian President Vladimir Putin. The Putin Interviews are culled from more than a dozen interviews with Putin over a two-year span—never before has the Russian leader spoken in such depth or at such length with a Western interviewer. No topics are off limits in the interviews, which first occurred during Stone’s trips to meet with NSA whistleblower Edward Snowden in Moscow and most recently after the election of President Donald Trump. Prodded by Stone, Putin discusses relations between the United States and Russia, allegations of interference in the US election, and Russia’s involvement with conflicts in Syria, Ukraine, and elsewhere across the globe. Putin speaks about his rise to power and details his relationships with Presidents Clinton, George W. Bush, Obama, and Trump. The exchanges are personal, provocative, and at times surreal. At one point, Stone asks, “Why did Russia hack the election?”; at another, Stone introduces him to Stanley Kubrick’s 1964 Cold War satire "Dr. Strangelove," which the two watch together. Stone has interviewed controversial world leaders before, including Hugo Chavez, Fidel Castro, and Benjamin Netanyahu. But The Putin Interviews, in its unmediated access to one of the most enigmatic and powerful men in the world, can only be compared to the series of conversations between David Frost and Richard Nixon we now refer to as “The Nixon Interviews” of 1977. The book will also contain references and sources that give readers a deeper understanding of the topics covered in the interviews and make for a more robust reading experience.
The Puzzle of Judicial Behavior
by Lawrence BaumFrom local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.
The Puzzle of Unanimity: Consensus on the United States Supreme Court
by Artemus Ward Pamela C. Corley Amy SteigerwaltThe U. S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U. S. Supreme Court database, internal court documents, and the justices' private papers,The Puzzle of Unanimityprovides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.
The Quality of Government: Corruption, Social Trust, and Inequality in International Perspective
by Bo RothsteinThe relationship between government, virtue, and wealth has held a special fascination since Aristotle, and the importance of each frames policy debates today in both developed and developing countries. While it's clear that low-quality government institutions have tremendous negative effects on the health and wealth of societies, the criteria for good governance remain far from clear. In this pathbreaking book, leading political scientist Bo Rothstein provides a theoretical foundation for empirical analysis on the connection between the quality of government and important economic, political, and social outcomes. Focusing on the effects of government policies, he argues that unpredictable actions constitute a severe impediment to economic growth and development--and that a basic characteristic of quality government is impartiality in the exercise of power. This is borne out by cross-sectional analyses, experimental studies, and in-depth historical investigations. Timely and topical, The Quality of Government tackles such issues as political legitimacy, social capital, and corruption.
The Quality of Government: Corruption, Social Trust, and Inequality in International Perspective
by Bo RothsteinThe relationship between government, virtue, and wealth has held a special fascination since Aristotle, and the importance of each frames policy debates today in both developed and developing countries. While it’s clear that low-quality government institutions have tremendous negative effects on the health and wealth of societies, the criteria for good governance remain far from clear. In this pathbreaking book, leading political scientist Bo Rothstein provides a theoretical foundation for empirical analysis on the connection between the quality of government and important economic, political, and social outcomes. Focusing on the effects of government policies, he argues that unpredictable actions constitute a severe impediment to economic growth and development—and that a basic characteristic of quality government is impartiality in the exercise of power. This is borne out by cross-sectional analyses, experimental studies, and in-depth historical investigations. Timely and topical, The Quality of Government tackles such issues as political legitimacy, social capital, and corruption.
The Quantified Worker: Law and Technology in the Modern Workplace
by Ifeoma AjunwaThe information revolution has ushered in a data-driven reorganization of the workplace. Big data and AI are used to surveil workers and shift risk. Workplace wellness programs appraise our health. Personality job tests calibrate our mental state. The monitoring of social media and surveillance of the workplace measure our social behavior. With rich historical sources and contemporary examples, The Quantified Worker explores how the workforce science of today goes far beyond increasing efficiency and threatens to erase individual personhood. With exhaustive detail, Ifeoma Ajunwa shows how different forms of worker quantification are enabled, facilitated, and driven by technological advances. Timely and eye-opening, The Quantified Worker advocates for changes in the law that will mitigate the ill effects of the modern workplace.