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Conflict Of Laws: American, Comparative, International Cases And Materials (American Casebook)
by Symeon C. SymeonidesThis versatile and pedagogically effective book brings together in a coordinated way the rich and diverse perspectives and 80 years combined teaching experience of two highly respected conflicts scholars: the author of 30 annual surveys of choice-of-law cases and drafter of three conflicts codifications, and the author of a path-breaking, established casebook on civil procedure. The book presents the real world of conflict law, behind the leading cases and beyond America's borders, through distilled documentation of what courts actually do and strategically placed extensive information about international practice and the law of other countries.
Conflicts of Interest In Science: How Corporate-Funded Academic Research Can Threaten Public Health
by Sheldon Krimsky30+ Years of Peer-Reviewed Studies on the Corporate Ties and Vested Interests that Influence Scientific ResearchFor over 500 years, groups and organizations with political, economic, and personal interests have successfully exercised influence on the pursuit of scientific inquiry and knowledge. History is replete with examples like the Papal authority muddying research into studies of the cosmos, but far less attention is paid today to the various corporate and special interest groups who, through funding and lobbying efforts, have been able to shape the modern academic and scientific landscape to fit their agenda.In Conflicts of Interest Within Science, author Sheldon Krimsky compiles 21 peer-reviewed, academic articles that examine the complex relationship between the individual scientists conducting research and the groups who fund them. Ultimately, Krimsky’s call to action concerns a collective movement among authors, peer reviewers, corporations and journal editors to disclose the sources of their funding. By holding scientists and the groups that fund them more accountable through increased transparency, we as a society can begin to rebuild trust in the integrity of knowledge.
Confronting Cyberespionage Under International Law (Routledge Research in International Law)
by Oğuz Kaan PehlivanWe have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents. Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.
Confucius and the Modern World (Routledge Studies in Contemporary Chinese Philosophy)
by Lai ChenThis book represents the cutting edge of theoretical works on Confucianism. Starting from Confucianism’s comeback in modern China and ending with the proposal of the new philosophical concept of “multiple universality” in the face of the world culture, the author conducts an in-depth analysis and discussion of many facets of the relationship between Confucianism, Confucian traditions and the modern world culture. <P><P> It has a focused theme and a strong sense of contemporaneity, and responds to the current challenges confronting Confucianism from the perspective of modern culture. The chapters not only elucidate the Confucian position in the face of challenges of global ethics, dialogues on human rights, and ecological civilization, but also provide a modern interpretation of classical Confucian ideas on education, politics and ritual politics as well as an analysis of the development of modern Confucianism. All in all, this work is a comprehensive exposition of the Confucian values and their modern implications.
Connecting the Dots: The Life of an Academic Lawyer
by Harry W. ArthursHarry W. Arthurs is a name held in high esteem by labour lawyers and academics throughout the world. Although many are familiar with Arthurs's contributions and accomplishments, few are acquainted with the man himself, or how he came to be one of the most influential figures in Canadian law and legal education. In Connecting the Dots Arthurs recounts his adventures in academe and the people, principles, ideas, motivations, and circumstances that have shaped his thinking and his career. The memoir offers intimate recollections and observations, beginning with the celebrated ancestors who influenced Arthurs's upbringing and education. It then sweeps through his career as an architect of important reforms in legal education and explores his research as a trailblazing commentator on the legal profession. Arthurs analyzes his experiences as a legal theorist and historian and his pivotal role as a discordant voice in debates over constitutional and administrative law. Along the way, he muses on the intellectual projects he embraced or set in motion, the institutional reforms he advocated, the public policies he recommended, and how they fared long term. Framed with commentary on the historical context that shaped each decade of his career and punctuated by moments of personal reflection, Connecting the Dots is a humorous, frank, and fearless account of the rise and fall of Canadian labour law from the man who was at the centre of it all.
Conscience: The Origins Of Moral Intuition
by Patricia ChurchlandHow do we determine right from wrong? Conscience illuminates the answer through science and philosophy. In her brilliant work Touching a Nerve, Patricia S. Churchland, the distinguished founder of neurophilosophy, drew from scientific research on the brain to understand its philosophical and ethical implications for identity, consciousness, free will, and memory. In Conscience, she explores how moral systems arise from our physical selves in combination with environmental demands. All social groups have ideals for behavior, even though ethics vary among different cultures and among individuals within each culture. In trying to understand why, Churchland brings together an understanding of the influences of nature and nurture. She looks to evolution to elucidate how, from birth, our brains are configured to form bonds, to cooperate, and to care. She shows how children grow up in society to learn, through repetition and rewards, the norms, values, and behavior that their parents embrace. Conscience delves into scientific studies, particularly the fascinating work on twins, to deepen our understanding of whether people have a predisposition to embrace specific ethical stands. Research on psychopaths illuminates the knowledge about those who abide by no moral system and the explanations science gives for these disturbing individuals. Churchland then turns to philosophy—that of Socrates, Aquinas, and contemporary thinkers like Owen Flanagan—to explore why morality is central to all societies, how it is transmitted through the generations, and why different cultures live by different morals. Her unparalleled ability to join ideas rarely put into dialogue brings light to a subject that speaks to the meaning of being human.
Consent and Trade: Trading Freely in a Global Market
by Frank J. GarciaIn a time of changing trade norms, when free trade seems to be giving way to new kinds of nationalism, some fundamental questions about trade are still not being asked. Is trade consensual or coercive? Is 'free trade' as currently practiced really free? If not, what difference can trade law make in addressing economically oppressive practices that nationalistic trade policies cannot? In this book Garcia offers an examination of trade law's roots in consensual exchange, highlighting the central role of consent in differentiating trade from legally facilitated coercion, exploitation or predation. The book revisits the premise of consensual exchange which underlies the rhetoric of 'free trade', and then examines the social and political conditions that are a necessary part of a more genuine trade law system, in service of the idea that recovering consent in trade law can promote human flourishing on a global scale.
Consentability: Consent and its Limits
by Nancy S. KimProblems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryogenics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.
The Consequential Frontier: Challenging the Privatization of Space
by Peter Ward"A lucid, bright and essential work of reporting, analysis and genuine care. Peter Ward has given us a new way to think about private endeavors in space. Superb."—Rivka Galchen, author of Little LaborsThis in-depth work of reportage dares to ask what’s at stake in privatizing outer spaceEarth is in trouble—so dramatically that we’re now scrambling to explore space for valuable resources and a home for permanent colonization. With the era of NASA’s dominance now behind us, the private sector is winning this new space race. But if humans and their private wealth have made such a mess of Earth, who can say we won’t do the same in space?In The Consequential Frontier, business and technology journalist Peter Ward is raising this vital question before it’s too late. Interviewing tech CEOs, inventors, scientists, lobbyists, politicians, and future civilian astronauts, Ward sheds light on a whole industry beyond headline-grabbing rocket billionaires like Bezos and Musk, and introduces the new generation of activists trying to keep it from rushing recklessly into the cosmos. With optimism for what humans might accomplish in space if we could leave our tendency toward deregulation, inequality, and environmental destruction behind, Ward shows just how much cooperation it will take to protect our universal resource and how beneficial it could be for all of us.
The Conservative Case for Class Actions
by Brian T. FitzpatrickSince the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Considering Religions, Rights and Bioethics: Memorial Volume For Max Charlesworth (Sophia Studies in Cross-cultural Philosophy of Traditions and Cultures #30)
by Peter Wong Sherah Bloor Patrick Hutchings Purushottama BilimoriaThis volume engages in conversation with the thinking and work of Max Charlesworth as well as the many questions, tasks and challenges in academic and public life that he posed. It addresses philosophical, religious and cultural issues, ranging from bioethics to Australian Songlines, and from consultation in a liberal society to intentionality. The volume honours Max Charlesworth, a renowned and celebrated Australian public intellectual, who founded the journal Sophia, and trained a number of the present heirs to both Sophia and academic disciplines as they were further developed and enhanced in Australia: Indigenous Australian studies, philosophy of religion, the study of the tension between tradition and modernity, phenomenology and existentialism, hermeneutics, feminist philosophy, and philosophy of science that is responsive to environmental issues.
Constitution-making and Human Rights in the Sudans (Routledge Research in Constitutional Law)
by Lutz Oette Mohamed Abdelsalam BabikerSudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.
Constitution-Making and Transnational Legal Order (Comparative Constitutional Law and Policy)
by Gregory Shaffer Tom Ginsburg Terence C. HallidaySince the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.
Constitutional Dialogue: Rights, Democracy, Institutions (Cambridge Studies in Constitutional Law #21)
by Geoffrey Sigalet Grégoire Webber Rosalind DixonThe metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.
Constitutional Dysfunction on Trial: Congressional Lawsuits and the Separation of Powers
by Jasmine FarrierIn an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
A Constitutional History of the Kingdom of Eswatini (African Histories and Modernities)
by Hlengiwe Portia DlaminiSwaziland—recently renamed Eswatini—is the only nation-state in Africa with a functioning indigenous political system. Elsewhere on the continent, most departing colonial administrators were succeeded by Western-educated elites. In Swaziland, traditional Swazi leaders managed to establish an absolute monarchy instead, qualified by the author as benevolent and people-centred, a system which they have successfully defended from competing political forces since the 1970s. This book is the first to study the constitutional history of this monarchy. It examines its origins in the colonial era, the financial support it received from white settlers and apartheid South Africa, and the challenges it faced from political parties and the judiciary, before King Sobhuza II finally consolidated power in 1978 with an auto-coup d’état. As Hlengiwe Dlamini shows, the history of constitution-making in Swaziland is rich, complex, and full of overlooked insight for historians of Africa.
Constitutional Law: Cases, Comments, And Questions (American Casebook)
by Jesse H. Choper Richard H. Fallon Jr. Frederick Schauer Michael C. DorfThis long-popular constitutional law casebook has added two new co-authors for its newest new edition, Michael Dorf and Frederick Schauer, who have brought deep background and rich insight in helping to bring the book thoroughly up to date. In preparing the new edition, the authors have retained the basic format of prior editions, but have added new cases and re-edited old ones to ensure coverage of important topics in manageable numbers of pages. The Notes and Questions, which have long been a hallmark of the book, continue to present a wide range of perspectives for students to consider, rather than reflecting a single point of view that users of the book must either adopt or teach against. Professors will especially like the illuminating and provocative extracts from the literature that accompany important new cases involving the Affordable Care Act, same-sex marriage, affirmative action, and campaign finance and freedom of speech.
Constitutional Law, Democracy and Development: Decentralisation and Governance in Uganda
by Douglas Karekona SingizaUganda, like many African countries in the 1990s, adopted decentralisation as a state reform measure after many years of civil strife and political conflicts, by transferring powers and functions to district councils. The decision to transfer powers and functions to district councils was, in the main, linked to the quest for democracy and development within the broader context of the nation state. This book’s broader aim is to examine whether the legal and policy framework of decentralisation produces a system of governance that better serves the greater objectives of local democracy, local development and accommodation of ethnicity. Specifically, the book pursues one main aim: to examine whether indeed the existing legal framework ensures the smooth devolution process that is needed for decentralised governance to succeed. In so doing, the book seeks, overall, to offer lessons that are critically important not only for Uganda but any other developing nation that has adopted decentralisation as a state-restructuring strategy. The book uses a desk-top research method by reviewing Uganda’s decentralisation legal and policy frameworks.
Constitutional Politics and the Judiciary: Decision-making in Central and Eastern Europe (Routledge Research in Constitutional Law)
by Kálmán PóczaRecent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Constitutional Transition and the Travail of Judges: The Courts of South Korea
by Marie Seong-Hak KimThis book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
Constitutions in Times of Financial Crisis (Comparative Constitutional Law and Policy)
by Tom Ginsburg Mark D. Rosen Georg VanbergMany constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
Constructing Human Trafficking: Evangelicals, Feminists, and an Unexpected Alliance (Human Rights Interventions)
by Jennifer K. LobaszHuman trafficking has come to be seen as a growing threat, and transnational advocacy networks opposed to human trafficking have succeeded in establishing trafficking as a pressing political problem. The meaning of human trafficking, however, remains an object of significant—and heated—contestation. This project draws upon feminist and poststructuralist international relations theories to offer a genealogy of U.S. neo-abolitionism. The analysis examines activist campaigns, legislative and policy debates, and legislation surrounding human trafficking and the Trafficking Victims Protection Act in order to argue that the dominant US framing of trafficking as prostitution and sex slavery is not as hegemonic as scholars and activists commonly argue. In fact, constructions of human trafficking have become more amenable to reconfiguration, paradoxically in large part because of Evangelical attempts to widen the frame. This is an empirically novel and theoretically rich account of an urgent transnational issue of concern to activists, voters and policymakers around the globe.
The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights
by Alice MargariaThis book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
Contagion, Counter-Terrorism and Criminology: Justice in the Shadow of Terror (Crime Prevention and Security Management)
by Claire HamiltonThis book considers the impact of post 9/11 counter-terrorism laws outside of the counter-terrorism context, a process described here as ‘contagion’. It does so via a detailed empirical examination of the impact of counter-terrorism measures on the criminal justice systems of three selected EU countries with varying histories and experience of terrorism, namely, the UK, France and Poland. In particular, the book explores the synergistic relationship between counter-terrorism measures and control measures aimed at ‘ordinary’ crimes and asks what the implications are for the direction of travel of the criminal law in general. It probes the hegemonic power of terrorism and the securitisation agenda more broadly and discusses the implications for criminology as a discipline – does it, for example, have a role in social contestation of contagion? This book will be suitable for academics and students interested in political violence, terrorism and counterterrorism as well as practitioners and experts working in the area.
Contemporary Bali: Contested Space and Governance
by Agung WardanaThis book offers a comprehensive examination of spatial and environmental governance in contemporary Bali. In the era of decentralisation, Bali's eight district governments and one municipality acquired a strong sense of authority to extract revenues from within their territorial borders while disregarding the impacts beyond them which has exacerbated environmental, cultural and institutional issues. These issues are addressed through reorganising space. In reality, however, such re-organisation has predominantly been in order to provide space for tourism investments and market expansion. The outcomes of reorganising space are in fact shaped by the dynamics of power that interface with increasingly complex legal and institutional structures. These complex structures provide more arenas for vested interests to manoeuvre, but at the same time provide different forms of legitimacy for local forces to challenge the dominant process. The book demonstrates the mechanisms through which social actors mobilise legal-institutional arrangements to advance their interests.