Download or read book Unifying the Nation written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2015-01-27 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-depth examination of a rarely studied article of the United States Constitution. While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The articles first section, the Full Faith and Credit Clause, requires that individual states must respect the public acts, accords, and judicial proceedings of every other state, and the second section, the Privileges and Immunity Clause, prevents one state from treating the citizens of another state in a discriminatory manner. In Unifying the Nation, Joseph F. Zimmerman provides a unique and comprehensive examination of court cases pertaining to both sections. Article IV, he argues, is central to the political and economic union of the individual states that comprise the nation. Many of the court cases cited in the text have tremendous day-to-day relevance and implications for the practice of government, such as same-sex marriage, child adoption, child support, public welfare, health care, and telecommunications.
Download or read book Why Associations Matter written by Luke C. Sheahan and published by University Press of Kansas. This book was released on 2020-02-26 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.
Download or read book Southern University Law Review written by Southern University and A & M College. School of Law and published by . This book was released on 2010 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disgrace written by Joanna Bourke and published by Reaktion Books. This book was released on 2022-09-26 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking across time and the globe, a critical history of sexual violence—what causes it and how we overcome it. Disgrace is the first truly global history of sexual violence. The book explores how sexual violence varies widely across time and place, from nineteenth-century peasant women in Ireland who were abducted as a way of forcing marriage, to date-raped high-school students in twentieth-century America, and from girls and women violated by Russian soldiers in 1945 to Dalit women raped by men of higher castes today. It delves into the factors that facilitate violence—including institutions, ideologies, and practices—but also gives voice to survivors and activists, drawing inspiration from their struggles. Ultimately, Joanna Bourke intends to forge a transnational feminism that will promote a more harmonious, equal, and rape- and violence-free world.
Download or read book A Continuity of Shari a written by Brian Wright and published by American University in Cairo Press. This book was released on 2023-03-07 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenge to the “end of the shari‘a” thesis in Islamic legal historiography In the second half of the nineteenth century, states across the Muslim World developed new criminal codes and reshaped their legal landscapes, laying the foundations of the systems that continue to inform the application of justice today. Influenced by colonialism and the rise of the modern state’s desire to control its populations, many have seen the introduction of these codes as a pivotal shift and divergence from the shariʼa, the dominant paradigm in premodern Muslim jurisdictions. In A Continuity of Shari‘a, Brian Wright challenges this view, comparing among the Egyptian, Ottoman, and Indian contexts. By examining the environment in which the new codes were created, highlighting the work of local scholars and legal actors, and examining the content of the codes themselves, Wright argues that the criminal systems of the late nineteenth century have more connections to their past than is previously understood. Colonial influence was adapted to local circumstances and synthesized with premodern understandings in an eclectic legal environment to create solutions to local problems while maintaining a continuity with the shari’a. This book will be of interest to scholars and students of Islamic Studies, Islamic Law, and Islamic Legal History.
Download or read book Human dignity and fundamental rights in South Africa and Ireland written by Anne Hughes and published by PULP. This book was released on 2014-04-11 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Download or read book Intellectual Property in Global Governance written by Chidi Oguamanam and published by Routledge. This book was released on 2013-03-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.
Download or read book American Judicial Process written by Pamela C. Corley and published by Routledge. This book was released on 2015-09-25 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
Download or read book Strata Title Property Rights written by Cathy Sherry and published by Taylor & Francis. This book was released on 2016-12-19 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.
Download or read book Commons Democracy written by Dana D. Nelson and published by Fordham Univ Press. This book was released on 2015-12-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commons Democracy highlights a poorly understood dimension of democracy in the early United States. It tells a story that, like the familiar one, begins in the Revolutionary era. But instead of the tale of the Founders’ high-minded ideals and their careful crafting of the safe framework for democracy—a representative republican government—Commons Democracy examines the power of the democratic spirit, the ideals and practices of everyday people in the early nation. As Dana D. Nelson reveals in this illuminating work, the sensibility of participatory democratic activity fueled the involvement of ordinary folk in resistance, revolution, state constitution-making, and early national civic dissent. The rich variety of commoning customs and practices in the late colonies offered non-elite actors a tangible and durable relationship to democratic power, one significantly different from the representative democracy that would be institutionalized by the Framers in 1787. This democracy understood political power and liberties as communal, not individual. Ordinary folk practiced a democracy that was robustly participatory and insistently local. To help tell this story, Nelson turns to early American authors—Hugh Henry Brackenridge, James Fenimore Cooper, Robert Montgomery Bird, and Caroline Kirkland—who were engaged with conflicts that emerged from competing ideals of democracy in the early republic, such as the Whiskey Rebellion and the Anti-Rent War as well as the enclosure of the legal commons, anxieties about popular suffrage, and practices of frontier equalitarianism. While Commons Democracy is about the capture of “democracy” for the official purposes of state consolidation and expansion, it is also a story about the ongoing (if occluded) vitality of commons democracy, of its power as part of our shared democratic history and its usefulness in the contemporary toolkit of citizenship.
Download or read book South Africa and the Case for Renegotiating the Peace written by Pierre du Toit and published by AFRICAN SUN MeDIA. This book was released on 2016-11-11 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa is awash with policy failures, and policy confusion. We argue firstly, that our current discord over policy details has its origin in the (celebrated) negotiated transition. We hold that the vote count of an 85% majority in the Constituent Assembly in 1996 obscured the reality that the Constitution meant different things to different negotiators. The result was that South Africa, from the very start of the democratic era, lacked a national consensus on how to go about consolidating democracy. We keep on failing to build a proper roof over our democracy because the constitutional foundations are weak.ÿ
Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Download or read book Credit and Debt in an Unequal Society written by Jürgen Schraten and published by Berghahn Books. This book was released on 2020-02-03 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa was one of the first countries in the Global South that established a financialized consumer credit market. This market consolidates rather than alleviates the extreme social inequality within a country. This book investigates the political reasons for adopting an allegedly self-regulating market despite its disastrous effects and identifies the colonialist ideas of property rights as a mainstay of the existing social order. The book addresses sociologists, political scientists, anthropologists and legal scholars interested in the interaction of economy and law in contemporary market societies.
Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.
Download or read book Research Handbook on the Economics of Corporate Law written by Claire A. Hill and published by Edward Elgar Publishing. This book was released on 2012-04-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics.
Download or read book Marine Protected Areas Network in the South China Sea written by Vu Hai Dang and published by Martinus Nijhoff Publishers. This book was released on 2014-01-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and due mainly to complicated sovereignty and maritime disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. Marine Protected Areas Network in the South China Sea discusses legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to decreasing the tension among its coastal States. These measures are suggested in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions.
Download or read book Law Women Judges and the Gender Order written by Kcasey McLoughlin and published by Routledge. This book was released on 2021-11-18 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.
