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Wirtschaftsrecht für Dummies (Für Dummies)
by André NiedostadekDas Wirtschaftsrecht ist ein weites Feld. André Niedostadek behandelt in seinem Buch die wirtschaftsrelevanten Kerngebiete des Bürgerlichen Rechts und des Handels- und Gesellschaftsrechts ebenso wie beispielsweise auch das Arbeitsrecht, den Gewerblichen Rechtschutz oder das Wettbewerbs- und Kartellrecht. Viele Beispiele aus dem Alltag machen die gesamte Rechtsmaterie anschaulich. So sind Sie in der Jura-Klausur und in der Unternehmenspraxis immer rechtsicher unterwegs!
Global Climate Constitutionalism “from below”: The Role of Climate Change Litigation for International Climate Lawmaking
by Manuela NiehausGlobal climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
Free Speech: From Core Values to Current Debates
by Len Niehoff Thomas SullivanWhy do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to “hard cases” and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.
Practical Fairness: Achieving Fair And Secure Data Models
by Aileen NielsenFairness is an increasingly important topic as machine learning and AI more generally take over the world. While this is an active area of research, many realistic best practices are emerging at all steps along the data pipeline, from data selection and preprocessing to blackbox model audits. This book will guide you through the technical, legal, and ethical aspects of making your code fair and secure while highlighting cutting edge academic research and ongoing legal developments related to fairness and algorithms.There is mounting evidence that the widespread deployment of machine learning and artificial intelligence in business and government is reproducing the same biases we are trying to fight in the real world. For this reason, fairness is an increasingly important consideration for the data scientist. Yet discussions of what fairness means in terms of actual code are few and far between. This code will show you how to code fairly as well as cover basic concerns related to data security and privacy from a fairness perspective.
Olfaction in Animal Behaviour and Welfare
by Birte Lindstrøm NielsenEvidence-based, yet entirely practical, this important new text builds upon the basics of neuroscience to describe the links between olfaction and animal behaviour, and the effects of odours in animal welfare. Animals use smells in a multitude of ways: to orientate themselves, to create social bonds, to recognise food, to initiate reproduction, and to avoid predators and imminent threats such as fire. Starting from the scientific basis of olfaction and odour perception, the book covers pheromones and behavioural tests, before describing the role of olfaction in feeding behaviour, reproduction, disease detection, and animal housing. The book: #65533; is written in an evidence-based way, yet with an easy-to-understand style, making it accessible to non-experts #65533; focuses on animals managed by humans, i. e. farm, zoo, lab and companion species #65533; is illustrated by in-depth research examples of many different species This is a captivating introduction to the world of smells, suitable for advanced students, researchers, and teachers of applied ethology, animal welfare and veterinary science.
Shari‘a As Discourse: Legal Traditions and the Encounter with Europe (Cultural Diversity and Law)
by Jørgen S. Nielsen Lisbet ChristoffersenThis volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
License to Harass: Law, Hierarchy, and Offensive Public Speech (The Cultural Lives of Law)
by Laura Beth NielsenOffensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate.
The New Civil Rights Research: A Constitutive Approach (Routledge Revivals)
by Laura Beth NielsenFirst published in 2006, this book brings together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals from a variety of contexts to provide a rich and contextualized understanding of what happens when law interacts with other competing systems or forms of social organization. By privileging the real world experiences of those most influenced by rights, the collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula. While this complex consciousness approach often contributes to the reproduction of dominant-subordinate social relations, it also allows for spaces of resisting existing hierarchical structures embedded in various law-related sites.
Theoretical and Empirical Studies of Rights (The International Library of Essays in Law and Society)
by Laura Beth NielsenThis important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law's capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights.
Navajo Nation Peacemaking: Living Traditional Justice
by Marianne O. Nielsen James W. ZionNavajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a horizontal system of justice because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no sides. No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemakingÑsuch as structure, procedures, and outcomesÑthat will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insiders point of view. It also features an article by Justice Sandra Day OConnor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.
Colonialism Is Crime (Critical Issues in Crime and Society)
by Marianne Nielsen Linda M. RobynThere is powerful evidence that the colonization of Indigenous people was and is a crime, and that that crime is on-going. Achieving historical colonial goals often meant committing acts that were criminal even at the time. The consequences of this oppression and criminal victimization is perhaps the critical factor explaining why Indigenous people today are overrepresented as victims and offenders in the settler colonist criminal justice systems. This book presents an analysis of the relationship between these colonial crimes and their continuing criminal and social consequences that exist today. The authors focus primarily on countries colonized by Britain, especially the United States. Social harm theory, human rights covenants, and law are used to explain the criminal aspects of the historical laws and their continued effects. The final chapter looks at the responsibilities of settler-colonists in ameliorating these harms and the actions currently being taken by Indigenous people themselves.
Job Quest for Lawyers: The Essential Guide to Finding and Landing the Job You Want
by Sheila NielsenThis book provides step-by-step guidance that finally makes networking inspiring instead of a chore. The "quest" motif applies to each stage of the job search. The book demystifies networking by including illustrations from the author's own experiences and from the stories of her clients that provide examples of the real world do's and don'ts of how to conduct a productive job search.
Presumed Incompetent
by Yolanda Flores Niemann Angela P. Harris Gabriella Gutiérrez y Muhs Carmen G. GonzálezPresumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America.
Law without Force: The Function of Politics in International Law
by Gerhart Niemeyer Michael HenryLaw Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.
Nuclear Non-proliferation and Arms Control Verification: Innovative Systems Concepts
by Irmgard Niemeyer Mona Dreicer Gotthard SteinThis book strives to take stock of current achievements and existing challenges in nuclear verification, identify the available information and gaps that can act as drivers for exploring new approaches to verification strategies and technologies. With the practical application of the systems concept to nuclear disarmament scenarios and other, non-nuclear verification fields, it investigates, where greater transparency and confidence could be achieved in pursuit of new national or international nonproliferation and arms reduction efforts. A final discussion looks at how, in the absence of formal government-to-government negotiations, experts can take practical steps to advance the technical development of these concepts.
International Law and Violence Against Women: Europe and the Istanbul Convention (Routledge Research in Human Rights Law)
by Johanna Niemi Lourdes Peroni Vladislava StoyanovaThis book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.
Wege durch die Unternehmenskrise: Sanieren statt Liquidieren - Ein Praxisleitfaden für Unternehmer und Berater
by Christoph Niering Christoph HillebrandMit der fünften, aktualisierten und erweiterten Auflage wenden sich Dr. Christoph Niering und Diplm.-Kfm. Christoph Hillebrand an alle Berater und Entscheidungsträger, die nicht täglich und ausnahmslos mit den Fragen der Unternehmenskrise beschäftigt sind. Bereits in den vorherigen vier Auflagen wie auch jetzt verzichten die Autoren ganz bewusst auf juristische und/oder betriebswirtschaftliche Details, um eine möglichst hohe Praxisrelevanz gerade für Nichtfachleute zu erreichen. Ergänzt wird der Text durch viele Praxishilfen (Checklisten und Muster), die jedem Leser über das Online-Angebot des Verlages auch zum Download zur Verfügung stehen.
The Cancel Culture Curse: From Rage to Redemption in a World Gone Mad
by Evan Nierman Mark SachsIn a groundbreaking first, cancel culture and its core elements are clearly defined, and a convincing case is made against this fundamentally un-American practice. Cancel culture is an insidious force in society today. In the seconds it takes to make one regrettable social media post—or wind up on the wrong side of a false accusation or misunderstanding—reputations, relationships, and careers are destroyed. Have we entered an era when people cannot make mistakes; where no apology or change of heart can ever deliver forgiveness? Making a comeback used to be a celebrated American ideal. But have the roads to redemption been permanently blocked by internet mobs seeking vengeance? In The Cancel Culture Curse, global crisis manager Evan Nierman and his colleague Mark Sachs examine the impact of cancel culture in today&’s media-driven world. The authors also explore the history of cancel culture and the trends that have fostered it, defining the telltale elements that are hallmarks of such campaigns. Nierman and Sachs provide fascinating case studies and interviews with well-known victims of cancel culture, including philosopher Peter Boghossian, Mumford & Sons cofounder Winston Marshall, and &“San Francisco Karen,&” among others. Also featured, is a playbook for rebounding from public shame, helping readers avoid becoming the latest targets of &“cancel vultures&” who enjoy picking apart the remains of those left to die on the side of the Internet highway.
Speaking Honestly with Sick and Dying Children and Adolescents: Unlocking the Silence
by Dietrich NiethammerTalking openly with sick and dying children about their illness is always difficult and often agonizing. It is honesty, however, that these children deserve and need. Dietrich Niethammer, a prominent pediatric oncologist, explains why it is so important to speak frankly and respectfully to young patients about their disease.The question at the heart of this book is how children and adolescents feel and think about death and dying. Dr. Niethammer thoroughly examines the literature on the topic, arguing that children and adolescents not only are capable of discussing their illness but benefit from doing so. Puzzled why it took medical practitioners so long to accept truth-telling in their care of dying children, Niethammer traces the development of this notion from the early twentieth-century work of Sigmund Freud to the discomfort surrounding it still today.Severely sick children and adolescents think about the consequences of their disease, whether adults discuss it with them or not. When adults remain silent, they do a disservice to the children. Dr. Niethammer urges doctors to practice not in silence and denial but in open communication with ill children, giving the children an opportunity to express their fears and anxieties and to cope with their disease on their own terms.Dr. Niethammer's compelling personal experiences combined with the latest research make this a compassionate and invaluable resource for physicians, nurses, social workers, teachers, parents—for all who care for sick and dying children and adolescents.
Conexión Caracas-Moncloa: Plus Ultra y Delcygate: las oscuras relaciones del Gobierno de Pedro Sánchez con el chavismo de Venezuela
by Álvaro NietoConexión Caracas-Moncloa es un libro trepidante que nos abre las puertas a las intrigas de las más altas esferas del poder, exponiendo una política de componendas, traiciones y mentiras. ¿Qué relaciones existen entre el Gobierno de Pedro Sánchez y el chavismo de Venezuela? ¿Por qué el entonces ministro José Luis Ábalos se reunió en Barajas con la vicepresidenta de Venezuela pese a la prohibición de entrada en la Unión Europea? ¿Y por qué el Gobierno de coalición quiso salvar una aerolínea como Plus Ultra cuyos vínculos con el chavismo eran incuestionables? Los dos principales escándalos del Gobierno de Pedro Sánchez, el Delcygate -el día en que Delcy Rodríguez, la número dos de Maduro, aterrizó en España- y el Plus Ultra -el rescate millonario a esta aerolínea-, tienen en común mucho más que los aviones que los protagonizan. En ambos juega un papel determinante Venezuela, dejando al descubierto las históricas y controvertidas relaciones entre el régimen chavista y los dos partidos que integran el Ejecutivo español, PSOE y Podemos. Álvaro Nieto, el periodista que lideró el equipo que destapó ambos escándalos, cuenta en este libro todos los detalles sobre cómo se gestaron, sus extraños vínculos y las consecuencias que podrían tener para algunos miembros del Gobierno.
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.
El cártel chilango: Origen, poder y saña de la Unión Tepito
by Antonio NietoEn el corazón de la capital de México -la ciudad que alguna vez estuvo "prohibida" para los capos del narco- nació La Unión Tepito, el primer y único cártel chilango. No es una pandilla, no es una célula de un grupo mayor ni tampoco una banda doméstica, sino un auténtico cártel que logró apoderarse del centro del país, justo en las narices de las más altas autoridades. ¿Cómo lo hizo? Ejerciendo una violencia como nunca se había visto, con el liderazgo de un hombre del que poco o nada se sabía, con una red de lavado poderosísima y la apatía de dos administraciones capitalinas. Ningún trabajo periodístico había escarbado tan profundo en las entrañas de La Unión Tepito, en la personalidad de sus líderes, en las matanzas que ha perpetrado, en sus alianzas y sus impunidades. Con documentos altamente confidenciales, testimonios de víctimas, de ex miembros del cártel y acceso al contenido de teléfonos celulares de sus integrantes, este libro revela el verdadero rostro de La Unión, y el reguero de sangre y dinero sucio que ha dejado a su paso.
Global Criminal Law: Postnational Criminal Justice in the Twenty-First Century
by Adán Nieto MartínThis book explores the emergence of an ius puniendi outside state criminal law and beyond international criminal law. The study connects with the reflections that have been made for some years in global law studies, showing how this trend also has a clear manifestation in the field of criminal law. The analysis begins by mapping out the different manifestations of this new global criminal regulation. This includes very diverse areas, ranging from judicial cooperation to the problems involved in the application of criminal sanctions in failed states, or investigations carried out on the internet. New sanctioning systems are also studied, such as the debarment regime of the World Bank or the sanctions in the hands of international sports federations. It is a question of discovering all criminal law – understood in a broad sense – that lies outside the confines of the state.
Sin filias ni fobias: Memorias de un fiscal incómodo
by Santiago NietoLa historia más indignante que pueda imaginarse: un fiscal vapuleado por hacer su trabajo. En 2015, Santiago Nieto recibió un encargo claro: investigar los delitos electorales. Pero cuando lo hizo a profundidad, la maquinaria gubernamental lo embistió brutalmente. En este documento histórico, el extitular de la Fiscalía Especializada para la Atención de Delitos Electorales explica, con todo detalle, quiénes se incomodaron con su labor, por qué lo acosaron y los casos que desataron la persecución: Odebrecht, Estado de México, Veracruz, Chiapas... En Sin filias ni fobias, Santiago Nieto evidencia la lógica y la podredumbre que, hasta ahora, ha campeado en buena parte de las instituciones mexicanas... y que ahora a él le toca combatir.
Beyond Good and Evil
by Friedrich NietzscheIn Beyond Good and Evil, Nietzsche attacks past philosophers for their alleged lack of critical sense and their blind acceptance of the Christian premises in their consideration of morality. The work attempts to move "beyond good and evil," in the sense of leaving behind the traditional morality which Nietzsche subjects to a destructive critique in favor of what he regards as an affirmative approach that fearlessly confronts the perspectival nature of knowledge and the perilous condition of the modern individual.