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In Pursuit of Pluralist Jurisprudence
by Nicole Roughan Andrew HalpinThe pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: wow precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.
In Search of A Better World: A Human Rights Odyssey (The CBC Massey Lectures)
by Payam AkhavanA work of memoir, history, and a call to action, the CBC Massey Lectures by internationally renowned UN prosecutor and scholar Payam Akhavan is a powerful and essential work on the major human rights struggles of our times.Renowned UN prosecutor and human rights scholar Payam Akhavan has encountered the grim realities of contemporary genocide throughout his life and career. He argues that deceptive utopias, political cynicism, and public apathy have given rise to major human rights abuses: from the religious persecution of Iranian Bahá’ís that shaped his personal life, to the horrors of ethnic cleansing in Yugoslavia, the genocide in Rwanda, and the rise of contemporary phenomena such as the Islamic State. But he also reflects on the inspiring resilience of the human spirit and the reality of our inextricable interdependence to liberate us, whether from hateful ideologies that deny the humanity of others or an empty consumerist culture that worships greed and self-indulgence.A timely, essential, and passionate work of memoir and history, In Search of a Better World is a tour de force by an internationally renowned human rights lawyer.
In Search of the Good Society: Love, Hope and Art as Political Economy
by Malcolm McIntoshCompelling reading, this book both reinforces and elevates the role of art in the exploration and analysis of the concepts of democracy, globalization and capitalism. In the book, the author describes a post-human world, a state we have already entered. But how should we think about it, given we have already been co-opted? Can we articulate the future outside the false discipline that the market often dictates, beyond the clutches of a few social media companies, and maintain our rich diversities while holding on to those things that make life possible and worthwhile: love, hope and art? Running throughout the book is the central theme of uncertainty and divergence. It is uncompromising in asking the question about the need for a new global creation story, which has at its core not the certainties of one defined creation myth but the need to feel comfortable with the uncertainty principle both in physics and the political economy. It is up to artists, scientists and philosophers to articulate this wonder and to help us write a new global creation story based on art (the arts), uncertainty, diversity, risk and wonder – and of course knowledge. This book has the capacity to both clarify and re-shape your thinking.
Incorporate Your Business: A Step-by-Step Guide to Forming a Corporation in Any State
by Anthony MancusoForm a corporation in any state, quickly and easily. Forming a corporation has many advantages, including limiting your personal liability. With the step-by-step instructions in this book, the process is straightforward and easy to accomplish. Incorporate Your Business clearly explains how to form a corporation in any state. It includes all the sample forms and information you need to prepare articles of incorporation and bylaws. It also fully discusses the advantages and tax consequences of incorporating your business, including: Limited liability Business owners limit their personal liability by incorporating, because they aren’t responsible for business debts and court judgments. Tax advantages Especially for smaller businesses, the ability to split income between yourself and your corporation can significantly lower your overall tax burden. Employee perks Owners of a corporation who also work for it can take advantage of significant financial benefits like equity plans, stock options, corporation-paid insurance, and more. Incorporate Your Business provides the forms you need, including articles of incorporation, bylaws, minutes, stock certificates and resolutions. This new edition is revised and updated to cover all changes in state, federal, and tax law.
The Incorporeal: Ontology, Ethics, and the Limits of Materialism
by Elizabeth GroszPhilosophy has inherited a powerful impulse to embrace either dualism or a reductive monism—either a radical separation of mind and body or the reduction of mind to body. But from its origins in the writings of the Stoics, the first thoroughgoing materialists, another view has acknowledged that no forms of materialism can be completely self-inclusive—space, time, the void, and sense are the incorporeal conditions of all that is corporeal or material. In The Incorporeal Elizabeth Grosz argues that the ideal is inherent in the material and the material in the ideal, and, by tracing its development over time, she makes the case that this same idea reasserts itself in different intellectual contexts.Grosz shows that not only are idealism and materialism inextricably linked but that this "belonging together" of the entirety of ideality and the entirety of materiality is not mediated or created by human consciousness. Instead, it is an ontological condition for the development of human consciousness. Grosz draws from Spinoza's material and ideal concept of substance, Nietzsche's amor fati, Deleuze and Guattari's plane of immanence, Simondon's preindividual, and Raymond Ruyer's self-survey or autoaffection to show that the world preexists the evolution of the human and that its material and incorporeal forces are the conditions for all forms of life, human and nonhuman alike. A masterwork by an eminent theoretician, The Incorporeal offers profound new insight into the mind-body problem
The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society
by David B. David M. Wilkins Khanna Vikramaditya S. TrubekThis book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
Indigenist Mobilization: Confronting Electoral Communism and Precarious Livelihoods in Post-Reform Kerala
by Luisa SteurIn Kerala, political activists with a background in Communism are now instead asserting political demands on the basis of indigenous identity. Why did a notion of indigenous belonging come to replace the discourse of class in subaltern struggles? Indigenist Mobilization answers this question through a detailed ethnographic study of the dynamics between the Communist party and indigenist activists, and the subtle ways in which global capitalist restructuring leads to a resonance of indigenist visions in the changing everyday working lives of subaltern groups in Kerala.
Indigenous Peoples as Subjects of International Law (Indigenous Peoples and the Law)
by Irene WatsonFor more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Indigenous Rights in Modern Landscapes: Nordic Conservation Regimes in Global Context
by Lars Elenius Christina Allard Camilla SandströmThis book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sámi customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sámi customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sámi is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.
Indigenous Women's Writing and the Cultural Study of Law
by Cheryl SuzackIn Indigenous Women’s Writing and the Cultural Study of Law, Cheryl Suzack explores Indigenous women’s writing in the post-civil rights period through close-reading analysis of major texts by Leslie Marmon Silko, Beatrice Culleton Mosionier, Louise Erdrich, and Winona LaDuke. Working within a transnational framework that compares multiple tribal national contexts and U.S.-Canadian settler colonialism, Suzack sheds light on how these Indigenous writers use storytelling to engage in social justice activism by contesting discriminatory tribal membership codes, critiquing the dispossession of Indigenous women from their children, challenging dehumanizing blood quantum codes, and protesting colonial forms of land dispossession. Each chapter in this volume aligns a court case with a literary text to show how literature contributes to self-determination struggles. Situated at the intersections of critical race, Indigenous feminist, and social justice theories, Indigenous Women’s Writing and the Cultural Study of Law crafts an Indigenous-feminist literary model in order to demonstrate how Indigenous women respond to the narrow vision of law by recuperating other relationships–to themselves, the land, the community, and the settler-nation.
The Inevitable Hour: A History of Caring for Dying Patients in America
by Emily K. AbelChanges in health care have dramatically altered the experience of dying in America.At the turn of the twentieth century, medicine’s imperative to cure disease increasingly took priority over the demand to relieve pain and suffering at the end of life. Filled with heartbreaking stories, The Inevitable Hour demonstrates that professional attention and resources gradually were diverted from dying patients. Emily K. Abel challenges three myths about health care and dying in America. First, that medicine has always sought authority over death and dying; second, that medicine superseded the role of families and spirituality at the end of life; and finally, that only with the advent of the high-tech hospital did an institutional death become dehumanized. Abel shows that hospitals resisted accepting dying patients and often worked hard to move them elsewhere. Poor, terminally ill patients, for example, were shipped from Bellevue Hospital in open boats across the East River to Blackwell’s Island, where they died in hovels, mostly without medical care. Some terminal patients were not forced to leave, yet long before the advent of feeding tubes and respirators, dying in a hospital was a profoundly dehumanizing experience.With technological advances, passage of the Social Security Act, and enactment of Medicare and Medicaid, almshouses slowly disappeared and conditions for dying patients improved—though, as Abel argues, the prejudices and approaches of the past are still with us. The problems that plagued nineteenth-century almshouses can be found in many nursing homes today, where residents often receive substandard treatment. A frank portrayal of the medical care of dying people past and present, The Inevitable Hour helps to explain why a movement to restore dignity to the dying arose in the early 1970s and why its goals have been so difficult to achieve.
Influence Without Authority
by Allan R. Cohen David L. BradfordGet what you need to achieve your objectives and produce results Influence Without Authority is the classic guide to getting what you need from people you don't control. Getting things done requires collaboration, and convincing others to contribute requires political skill; this book introduces the Exchange Model, in which you get what you need by offering something of value in return. The key lies in knowing what the other person values—that's their "currency," and it's your immediate tool for coaxing their cooperation. This model has been proven over decades, as organizations around the world have turned away from frustration and resignation toward collaboration and results. This book shows you how to implement the Exchange Model at the personal, team, and organizational level to raise the bar for performance and leadership. This new third edition has been updated reflect the changing face of the workplace, and includes new examples and information on geographically dispersed virtual teams. Supplementary materials facilitate classroom and training use with discussions, role-play, videos, and other ancillaries that deepen understanding and promote practical application. Get what you need from the people who have it through mutual exchange Think in terms of interest, and pinpoint the "currencies" other people trade in Apply the Exchange Model across entire organizations to lead major change Learn practical real-world strategies for influencing those you do not control The ability to influence those not under your authority is becoming ever more valuable. Organizations are flattening, and outside contractors are taking on larger roles than ever before—getting results now means lateral cooperation, often across borders, time zones, organizations, and more. Influence Without Authority provides a proven model for success in this new environment, with expert guidance for real-world application.
Injustice, Memory and Faith in Human Rights
by Michael Phillips Kalliopi Chainoglou Barry Collins John StrawsonThis multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.
Inmigración. Las nuevas reglas. Guía de Univision
by UnivisiónTodo lo que un inmigrante debe conocer para vivir legalmente en Estados Unidos Inmigrar a Estados Unidos tiene nuevas reglas: Un gobierno que quiere imponer leyes más estrictas, amenaza de deportación, falsa información, estafas, miedo. Todo ha complicado la situación del inmigrante. Por eso Univision te brinda los recursos y los consejos para que puedas enfrentar la nueva realidad que estamos viviendo. En esta guía, los expertos en inmigración de Univision, el abogado Armando A. Olmedo y el editor principal de inmigración Jorge Cancino, te explican claramente varios aspectos que todo inmigrante debe saber: o Cómo funciona el proceso migratorio de Estados Unidos o Las principales visas para entrar al país de visita o para trabajar o Qué es asilo y refugio y quiénes pueden acogerse a ellos o Cómo obtener la residencia o Cómo convertirte en ciudadano americano o Legal o ilegal: Qué debes hacer ante la nueva realidad o Cuáles son tus deberes y derechos como inmigrante Con un texto informativo, claras ilustraciones, datos precisos y casos reales, Inmigración, las nuevas reglas es la guía de Univision que te acompañará en tu proceso de inmigración, desde que dejas tu tierra hasta que vives el sueño americano.
Insider Trading: How Mortuaries, Medicine and Money Have Built a Global Market in Human Cadaver Parts
by Naomi PfefferThe cadaver industry in Britain and the United States, its processes and profits Except for organ transplantation little is known about the variety of stuff extracted from corpses and repurposed for medicine. A single body might be disassembled to provide hundreds of products for the millions of medical treatments performed each year. Cadaver skin can be used in wound dressings, corneas used to restore sight. Parts may even be used for aesthetic enhancement, such as liquefied skin injections to smooth wrinkles. This book is a history of the nameless corpses from which cadaver stuff is extracted and the entities involved in removing, processing, and distributing it. Pfeffer goes behind the mortuary door to reveal the technical, imaginative, and sometimes underhanded practices that have facilitated the global industry of transforming human fragments into branded convenience products. The dead have no need of cash, but money changes hands at every link of the supply chain. This book refocuses attention away from individual altruism and onto professional and corporate ethics.
Instrument Flying Handbook (Federal Aviation Administration): FAA-H-8083-15B
by Federal Aviation AdministrationThis is the FAA's primary pilot resource for instrument flight rules and training. It (IFR) covers everything pertinent to operating an aircraft, both in instrument meteorological conditions (IMC) and without reference to outside visuals, relying solely on the information gleaned from the cockpit. Information applies to both analog and electronic flight displays, and is organized into separate coverage of the traditional and pictorial displays.Instrument Flying Handbook includes chapters on national airspace system, the air traffic control system, human factors, aerodynamics, flight instruments, flight maneuvers for IFR operations, navigation, emergency operations, as well as helicopter operations and more. Advanced systems are covered, including flight management systems, the primary flight display (PFD) and multi-function display (MFD), synthetic vision, and traffic advisory systems. Instrument clearance shorthand is discussed, and an instrument training lesson guide is provided.The Instrument Flying Handbook is designed for use by flight instructors, pilots preparing for the Instrument Rating FAA Knowledge and Practical Exams, and instrument-rated pilots looking for a refresher or preparing for an Instrument Proficiency Check (IPC). This edition features with full-color illustrations and diagrams, along with a comprehensive glossary and index.
The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law
by Malcolm Clarke Baris SoyerThe Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
Insurance Law Implications of Delay in Maritime Transport (Contemporary Commercial Law)
by Aysegul BugraDelay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.
Insurance Regulation in the European Union
by Pierpaolo Marano Michele SiriThis book explores the profound transformation that has taken place in European insurance legislation since January 2016. Expert contributions discuss the changes that have taken place in the supervision of insurance and reinsurance undertakings through an economic risk-based approach. They outline the European insurance market before going on to show how Solvency II and Insurance Distribution Directive (IDD) are expected to generate significant benefits and have a positive impact on all parties involved in the insurance industry, the supervisory authorities and the insured. They also show how Solvency II is likely to benefit the economy as a whole, promoting more efficient allocation of capital and risk in a financial stability framework. This volume will be of interest to academics and researchers in the field of insurance regulation.
Integral Community Enterprise in Africa: Communitalism as an Alternative to Capitalism (Transformation and Innovation)
by Anselm AdodoAt a time of global economic crisis and disillusionment with capitalism, Adodo offers refreshing and positive insight into a more integral way of business management, enterprise and community development as well as holistic healing in Africa. For over three decades, Africa was the recipient of billions of dollars in aid funds that were meant to catapult the continent from undeveloped to developed status. Yet the more the aid poured in, the poorer African countries became. The devastating effect of western economic models in Africa that followed is well documented. Integral Community Enterprise in Africa exposes the limitations of existing theories, such as capitalism, socialism and communism, and shows how western theories were imposed on Africa. Such imposition of concepts and ideas is not only demeaning but also unsustainable, serving only the interest of the elite. Father Anselm Adodo argues for the need to have a southern theory to serve as an alternative to western theories. The majority of African intellectuals and activists, while criticizing existing theories, often do not provide alternative theories to address the prevalent inadequacies entrenched in conventional social, political and economic systems. This revolutionary book aims to address this lapse and proposes the theory of communitalism as a more indigenous, sustainable and integral approach to tackling the social, political, economic and developmental challenges of today’s Africa. There is an African alternative to capitalism, socialism and communism – a surer path to sustainable development in and from Africa. This is a book that is positioned at the very core of a much needed African Renaissance. A profoundly new approach to development in Africa, this is essential reading for anyone concerned with authentic development in Africa and in the world.
Integrated Reporting and Audit Quality
by Chiara Demartini Sara TruccoThis book analyzes the relationship between integrated reporting and audit quality within the European context, presenting empirical evidence and drawing on a broad review of the available literature in order to evaluate the ability of integrated reporting to enhance audit risk assessment. Dedicated sections first elucidate the concepts of integrated reporting and audit quality. The main integrated reporting frameworks are compared, the role of integrated reporting within a firm's disclosure is examined, and all aspects of audit risk are discussed. The key question of the impacts of integrated reporting on the components of audit risk is then addressed in detail, with reference to empirical findings, their practical implications, and their limitations. The concluding section explores the future of corporate reporting and the development of the next integrated reporting framework and summarizes the insights that the analysis in the book offers into the relationship between integrated reporting and audit quality in the European setting.
The Integrity of the Servant Leader
by Robert Sumi Dana Mesner-AndolšekThe impact of the global financial crisis is still being felt today and the deeply unethical behaviour of the top level leaders at those economic and financial organizations, that were at the heart of the crisis, has served to highlight the importance of integrity, and in particular the need for servant leadership, if we are to avoid another major catastrophe in the management of both commercial and non-profit organizations. Servant leadership has many features in common with transformational leadership but is primarily focused on caring about employees and their personal development. Ethical behaviour is one of the most important components of successful leadership yet this remains insufficiently investigated, especially from an interdisciplinary perspective. With the help of theory, empirical analysis and the relevant methodological apparatus, the authors fill the gap in the analysis of integrity and its impact on leadership and locate the significant factors which affect integrity in general. They develop and assess the forces that impact Servant Leadership style, as well as the ability to engender trust. As a starting point they make two assumptions: An important element in leading is the ethical dimension of leadership; The ratio of factors that affect leading and the servant leadership style is complex, but the integrity of leaders is the most important among them. The authors examine four integrated scientific areas: ethics and business ethics, human resource management and psychology and focus on the analysis of the process of leadership and the factors within that process of leading that influence its success and its ethical dimension.
The Intellectual Properties of Learning: A Prehistory from Saint Jerome to John Locke
by John WillinskyProviding a sweeping millennium-plus history of the learned book in the West, John Willinsky puts current debates over intellectual property into context, asking what it is about learning that helped to create the concept even as it gave the products of knowledge a different legal and economic standing than other sorts of property. Willinsky begins with Saint Jerome in the fifth century, then traces the evolution of reading, writing, and editing practices in monasteries, schools, universities, and among independent scholars through the medieval period and into the Renaissance. He delves into the influx of Islamic learning and the rediscovery of classical texts, the dissolution of the monasteries, and the founding of the Bodleian Library before finally arriving at John Locke, whose influential lobbying helped bring about the first copyright law, the Statute of Anne of 1710. Willinsky’s bravura tour through this history shows that learning gave rise to our idea of intellectual property while remaining distinct from, if not wholly uncompromised by, the commercial economy that this concept inspired, making it clear that today’s push for marketable intellectual property threatens the very nature of the quest for learning on which it rests.
Intellectual Property and Financing Strategies for Technology Startups
by Gerald B. Halt Jr. John C. Donch Amber R. Stiles Robert FesnakThis book offers a comprehensive, easy to understand guide for startup entities and developing companies, providing insight on the various sources of funding that are available, how these funding sources are useful at each stage of a company's development, and offers a comprehensive intellectual property strategy that parallels each stage of development. The IP strategies offered in this book take into consideration the goals that most startups and companies have at each stage of development, as well as the limitations that exist at each stage (i. e. , limited available resources earmarked for intellectual property asset development), and provides solutions that startups and companies can implement to maximize their return on intellectual property investments. This book also includes a number of descriptive examples, case studies and scenarios to illustrate the topics discussed, and is intended for use by startups and companies across all industries. Readers will garner an appreciation for the value that intellectual property rights provide to a startup entity or company and will gain an understanding of the types of intellectual property rights that are available to companies and how to procure, utilize and monetize those intellectual property rights to help their company grow.
Intellectual Property and Innovation Protection: New Practices and New Policy Issues
by Rémi LallementThis book analyses the various ways in which intellectual property (IP) operates in relation to innovation activity. It reflects on the “classical” issues of the IP system related to the necessity of protecting risky and often costly investments undertaken by firms and others players involved in the innovation process. Beyond this, it stresses the numerous challenges addressed by contemporary technological and societal change, especially in a world where the digital revolution is rapidly transforming the way in which innovation is organized. In this context, the new corporate IP and innovation practices call for responses on the part of public policies.