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The Asian Law and Society Reader
by Lynette J. Chua David M. Engel Sida LiuThe first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries – East, South, Southeast and Central Asia – along with original commentaries by the three editors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a growing demand for law and society materials in institutions and universities in Asia and around the world. It is written at a level accessible to advanced undergraduate students and graduate students as well as experienced researchers, and serves as a valuable teaching tool for courses focused on Asian law and society in law schools, area studies, history, religion, and social science fields such as sociology, anthropology, politics, government, and criminal justice.
Asian Yearbook of International Economic Law 2023 (Asian Yearbook of International Economic Law #2023)
by Marc Bungenberg Manjiao Chi Sufian Jusoh Prabhash Ranjan Islambek RustambekovThe Asian Yearbook of International Economic Law (AYIEL) 2023 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2023 therefore focuses on international economic law, especially on security and industrial policy.
Assessing Hate Crime Laws: A Multidisciplinary Perspective (Palgrave Hate Studies)
by Lucille MichelettoThis book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.
Assessing the Evidence in Indigenous Education Research: Implications for Policy and Practice (Postcolonial Studies in Education)
by Nikki Moodie Kevin Lowe Roselyn Dixon Karen TrimmerThis book explores the current state of research on Indigenous education Australia. In particular, these chapters focus on exploring deep and enduring questions about the failures of schooling to address the needs of Aboriginal communities. This book provides a systematic analysis of existing research to explain how connection to culture - and the recognition of Indigenous sovereignties and knowledges - are the keys to Aboriginal excellence in schooling.
Athena Unbound: Why and How Scholarly Knowledge Should Be Free for All
by Peter BaldwinA clear-eyed examination of the open access movement: past history, current conflicts, and future possibilities.Open access (OA) could one day put the sum of human knowledge at our fingertips. But the goal of allowing everyone to read everything faces fierce resistance. In Athena Unbound, Peter Baldwin offers an up-to-date look at the ideals and history behind OA, and unpacks the controversies that arise when the dream of limitless information slams into entrenched interests in favor of the status quo. In addition to providing a clear analysis of the debates, Baldwin focuses on thorny issues such as copyright and ways to pay for &“free&” knowledge. He also provides a roadmap that would make OA economically viable and, as a result, advance one of humanity&’s age-old ambitions.Baldwin addresses the arguments in terms of disseminating scientific research, the history of intellectual property and copyright, and the development of the university and research establishment. As he notes, the hard sciences have already created a funding model that increasingly provides open access, but at the cost of crowding out the humanities. Baldwin proposes a new system that would shift costs from consumers to producers and free scholarly knowledge from the paywalls and institutional barriers that keep it from much of the world.Rich in detail and free of jargon, Athena Unbound is an essential primer on the state of the global open access movement.
The Athenian Year
by Benjamin D. MerittThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1961.
Atrocity Crimes and International Law: Responsibility to Protect, Intercession, and Non-Forceful Responses (Routledge Research in the Law of Armed Conflict)
by Stacey HendersonDespite repeated declarations of ‘never again’ in response to the commission of atrocities, civilians have continued to be targeted by their leaders and opposition groups. The international law principles of sovereignty and non-intervention, when taken at their highest, require States to stand idle and not intervene in another State regardless of what atrocities may be occurring there. This traditional legal view is being challenged by an emerging practice of States choosing to respond in non-forceful ways, inspired by the concept of the Responsibility to Protect (R2P). Drawing on R2P, this book introduces and develops an original conceptual tool –intercession –to capture and explain this change in State practice and the impact of R2P on the development of international law. Through a close examination of State practice, the work explores whether there has been an expansion in the permissible measures and situations in which States can intervene, without using force, in response to atrocity crimes occurring in other States. This book concludes that the development of the secondary duty on the international community under R2P provides the greatest opportunity to progress the R2P framework in a meaningful way, which will have a significant impact on the protection of populations from atrocity crimes. The book will be essential reading for students, researchers and policymakers working in the areas of international law, international relations, humanitarian law, and peace and security studies.
Atrocity Crimes, Children and International Criminal Courts: Killing Childhood
by Cécile AptelThis book shows how international criminal courts have paid only limited and inconsistent attention to atrocity crimes affecting children. It elucidates the many structural, legal, financial and even attitudinal obstacles, often overlapping, that have contributed to the international courts’ focus on the experience of adults, rendering children almost invisible. It reviews whether and how different international and hybrid criminal jurisdictions have considered international crimes committed against or by children. The book also considers how international criminal justice can help contribute to the recognition of the specific impact that international crimes have on children, whether as victims or as participants, and strengthen their protection. Finally, it proposes an agenda to improve this situation, making specific recommendations encompassing the urgent need to further elaborate child-friendly procedures. It also calls for international investigative and prosecutorial strategies to be less adult-centric and broaden the scope of crimes against children beyond the focus on child-soldiers. This book is an invaluable resource for academics, researchers and fieldworkers in the areas of international criminal law, international human rights law/child rights, international humanitarian law, child protection and transitional justice.
The Auditor’s Guide to Blockchain Technology: Architecture, Use Cases, Security and Assurance (Security, Audit and Leadership Series)
by Shaun AghiliThe 21st century has been host to a number of information systems technologies in the areas of science, automotive, aviation and supply chain, among others. But perhaps one of its most disruptive is blockchain technology whose origin dates to only 2008, when an individual (or perhaps a group of individuals) using the pseudonym Satoshi Nakamoto published a white paper entitled Bitcoin: A peer-to-peer electronic cash system in an attempt to address the threat of “double- spending” in digital currency. Today, many top-notch global organizations are already using or planning to use blockchain technology as a secure, robust and cutting-edge technology to better serve customers. The list includes such well-known corporate entities as JP Morgan, Royal Bank of Canada, Bank of America, IBM and Walmart. The tamper-proof attributes of blockchain, leading to immutable sets of transaction records, represent a higher quality of evidence for internal and external auditors. Blockchain technology will impact the performance of the audit engagement due to its attributes, as the technology can seamlessly complement traditional auditing techniques. Furthermore, various fraud schemes related to financial reporting, such as the recording of fictitious revenues, could be avoided or at least greatly mitigated. Frauds related to missing, duplicated and identical invoices can also be greatly curtailed. As a result, the advent of blockchain will enable auditors to reduce substantive testing as inherent and control audit risks will be reduced thereby greatly improving an audit’s detection risk. As such, the continuing use and popularity of blockchain will mean that auditors and information systems security professionals will need to deepen their knowledge of this disruptive technology. If you are looking for a comprehensive study and reference source on blockchain technology, look no further than The Auditor’s Guide to Blockchain Technology: Architecture, Use Cases, Security and Assurance. This title is a must read for all security and assurance professionals and students looking to become more proficient at auditing this new and disruptive technology.
Auseinandersetzungsverfahren bei Ausscheiden eines Gesellschafters aus einer Bau-Arbeitsgemeinschaft: Eine Betrachtung hinsichtlich theoretischer und praxisrelevanter Gesichtspunkte (Baubetriebswirtschaftslehre und Infrastrukturmanagement)
by Martina WaltherDie Folgen des Ausscheidens eines Gesellschafters können für die verbleibenden Mitglieder einer Bau-Arbeitsgemeinschaft (Bau-ARGE) aufgrund der gesamtschuldnerischen Haftung gravierend sein. Mit Blick auf die damit einhergehenden Risiken sind die verbleibenden Gesellschafter bestrebt, den Projekterfolg sicherzustellen und das eigene Unternehmen wirtschaftlich zu schützen. Mittels einer zweiperspektivischen Analyse des Ausscheidens eines Gesellschafters aus einer Bau-ARGE – zum einen die theoretische Perspektive, deren Grundlage eine gemischte Strategie der Literaturrecherche bildete, und zum anderen die Praxisperspektive, die mittels Expertenbefragung abgebildet wurde – wird eine umfassende Untersuchung des Ausscheidens eines Gesellschafters aus einer Bau-ARGE durchgeführt. Hieraus werden proaktive und reaktive Handlungsempfehlungen für die Praxis entwickelt, mit deren Hilfe sich die mit dieser Thematik verbundenen Herausforderungen und Risiken mindern lassen. Dabei werden für jede Phase des idealtypischen Ablaufs Empfehlungen aufgezeigt, die von den Gesellschaftern einer ARGE angewandt werden können.
Außervertragliche Haftung für Künstliche Intelligenz am Beispiel von autonomen Systemen
by Tina DötschIm Mittelpunkt dieses Buches stehen rechtliche Herausforderungen, die sich beim Einsatz und der Herstellung von autonomen Systemen stellen können. Denn mit fortschreitender Technologie und Leistungsfähigkeit im Feld der künstlichen Intelligenz sinkt die Rolle der menschlichen Beteiligung und stellt das Zurechnungskonzept des deutschen Haftungsrechts in Frage. Die Autorin untersucht anschaulich und unter ausführlicher Darstellung der technischen Grundlagen, inwiefern der derzeit geltende Rechtsrahmen für die Beurteilung der außervertraglichen Verantwortlichkeit ausreicht. Hierbei setzt sie sich unter anderem mit zahlreichen vorgeschlagenen Neuerungen wie neuen Haftungstatbeständen und Analogien auseinander und wägt letztendlich ab, ob tatsächlich Haftungslücken vorliegen und wie diese geschlossen werden sollten.
Authentic Excellence for Organizations: Creating Flourishing "&" Cultures (Giving Voice to Values)
by R. Kelly Crace Charles J. Hardy Robert L. CraceAuthentic Excellence for Organizations explores organizational culture from a values-based perspective and applies the psychological principles of values-based flourishing to organizations. Integrating the principles of Giving Voice to Values (GVV) and Authentic Excellence (AX), this book provides a process that details how organizations can harness their team’s inherent wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond team-building strategies and programming, this book helps develop confidence in managing the tensions inherent in organizations. It explores: The difference between moral values and personal values; How both can be effectively expressed and managed in organizations; The possibilities of shifting from a fear-based culture of "Or" to an inclusive and values-centred culture of "&"; and How to practically create flourishing "&" cultures using the GVV model. How to create an organizational culture that effectively sustains "&s" like competitive & collaborative, productive & fulfilled, and innovation & tradition. This book is intended for organizational leaders, members, and HR managers looking to develop strong and thriving teams. It also aligns with required or recommended reading for secondary or undergraduate courses that explore values, leadership, organizational development and performance, decision making, ethics, and entrepreneurship.
The Authority of International Criminal Law: A Controversial Concept (ASIL Studies in International Legal Theory)
by Clare Frances MoranDespite a wealth of literature exploring the issues surrounding it, the legitimacy and authority of international criminal law remain in question. Adopting a perspective informed by legal and political philosophy, Clare Frances Moran considers the authority of international criminal law, why it can be conceived of as more than simply an exercise of power and how that power may be exercised legitimately. Advancing existing scholarship on the subject, Moran explores the roots of the authority of law at the domestic level and tests these ideas in an international context. She examines sovereignty, complementarity and postcolonial issues, and how each impact international criminal law. By developing a theory on the authority of international law, Moran considers how it might be possible to adjudicate more effectively at the international level.
Autism and Criminal Justice: The Experience of Suspects, Defendants and Offenders in England and Wales (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Tom SmithThis collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
Autism Friendly Business: Neurodiverse Customers (Autism Friendly)
by Jennifer PercivalDesigned as a guidebook for leaders at the beginning of their journey embracing neuroinclusion, Autism Friendly Business: Neurodiverse Customers will provide business owners, executives, managers, team members, and associates the tools to integrate strategies and techniques that will enhance their business, while improving the delivery of a quality experience for all. Autistic individuals often experience barriers when engaging with businesses. This book provides solutions and examples on how leaders can remove obstacles to develop supportive and inclusive environments.
Autonomous Vessels in Maritime Affairs: Law and Governance Implications (Studies in National Governance and Emerging Technologies)
by Tafsir Matin Johansson Jonatan Echebarria Fernández Dimitrios Dalaklis Aspasia Pastra Jon A. SkinnerThis first-of-its-kind incisive and interdisciplinary volume spears through law and governance implications in relation to maritime autonomous surface ships (MASS). The book focuses on a wide array of timely, topical and thorny issues under eight distinct parts: setting the scene; naval warfare and security; safety, seaworthiness and techno-regulatory assessments; global environmental change; autonomous passenger transportation; liability and insurance; selected national and regional developments; and tying the threads. Thus, the main themes will stress on topics including evolution, environment, safety and security, society, insurance, liability, human element, design solutions and procedures, and selected national case studies. At the outset, the book commences with an insight into the role of innovation-diplomacy as the driving force that could expedite the transition from autonomation to autonomy, and a commentary from the Chair of IMO’s MASS. After navigating through the complex law and governance landscape, the book concludes with a chapter that captures the essence of the paradigm shift and ties all critical findings for further consideration.Chapter 11 and Chapter 18 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Avatar: Wisdom from Aang to Zuko (The Blackwell Philosophy and Pop Culture Series)
by William IrwinWould our world be a better place if some of us were benders? Can Katara repair the world through care? Is Toph a disability pride icon? What does it mean for Zuko to be bad at being good? Can we tell whether uncle Iroh is a fool or a sage? The world is out of sorts. The four nations, Water, Earth, Fire, and Air, are imbalanced because of the unrelenting conquest of the Fire Nation. The only one who can restore balance to the world is the Avatar. On the face of it, Avatar: The Last Airbender is a story about a lone superhero. However, saving the world is a team effort, embodied in Team Avatar, aka the Gaang. Aang needs help from his friends and tutors, even from non-human animals. Through the teachings of Guru Pathik and Huu he comes to realize that though the world and its nations seem separate, we are all one people. We all have the same roots and we are all branches of the same tree. Avatar: The Last Airbender and Philosophy brings to the fore the Eastern, Western, and Indigenous philosophies that are implicit in the show. Following Uncle Iroh&’s advice that it is important to draw wisdom from many traditions, this volume features contributions by experts on Buddhist, Daoist, Confucian, and Indigenous schools of thought, next to focusing on Western classical authors such as Plotinus, Kant, and Merleau-Ponty. The volume is also unique in drawing on less common traditions such as black abolitionism, anarchism, and the philosophy of martial arts. Intertwining experience and reflection, ATLA and Philosophy helps readers to deeply engage with today&’s burning questions, such as how to deal with ecological destruction, the aftermath of colonialism and genocide, and wealth inequality, using the tools from a wide range of philosophical traditions.
Bad Bridget: Crime, Mayhem and the Lives of Irish Emigrant Women
by Elaine Farrell Leanne McCormickThe Number 1 Bestseller'A captivating account of lives previously ignored' Sunday Independent'An important, impeccably researched though eminently readable book that charts new territory' Irish Examiner* * *Ireland in the nineteenth and early twentieth centuries was not a good place to be a woman. Among the wave of emigrants from Ireland to North America were many, many young women who travelled on their own, hoping for a better life. Some lived lives of quiet industry and piety. Others quickly found themselves in trouble - bad trouble, and on an astonishing scale.Elaine Farrell and Leanne McCormick, creators of the celebrated 'Bad Bridget' podcast, have unearthed a world in which Irish women actually outnumbered Irish men in prison, in which you could get locked up for 'stubbornness', and in which a serial killer called Lizzie Halliday was described by the New York Times as 'the worst woman on earth'. They reveal the social forces that bred this mayhem and dysfunction, through stories that are brilliantly strange, sometimes funny, and often moving. From sex workers and thieves to kidnappers and killers, these Bridgets are young women who have gone from the frying pan of their impoverished homeland to the fire of vast North American cities.Bad Bridget is a masterpiece of social history and true crime, showing us a fascinating and previously unexplored world.* * * 'I just loved it!' Ryan Tubridy'Fascinating' Irish Times'Rich in detail and thorough in research' New Statesman
Bait and Switch: How Student Loan Debt Stifles Social Mobility
by Robert H. Scott, III Joseph N. Patten Kenneth MitchellThis book traces how the student loan system has created insurmountable student debt traps for millions of student borrowers contrary to its original purpose of promoting social mobility. Today, approximately 45 million Americans hold over $1.7 trillion in student loan debt, with over 20% of borrowers in default. Student loan debt has the greatest negative impact of wealth-poor students, with Black and first-generation students less likely to attain a college degree, more likely to default on student loan debt, and less likely to gain the same type of wage premium from their college degrees than white student loan borrowers. The book also offers a wide range of policy solutions for remedying the student loan debt crisis.
Balkan Yearbook of European and International Law 2022 (Balkan Yearbook of European and International Law #2022)
by Ivana Kunda Zlatan Meškić Enis Omerović Dušan V. PopovićThe fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.
Banished Men: How Migrants Endure the Violence of Deportation
by Abigail Leslie AndrewsA free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. What becomes of men the U.S. locks up and kicks out? From 2009 to 2020, the U.S. deported more than five million people—over 90 percent of them men. In Banished Men, Abigail Andrews and her students tell 186 of their stories. How, they ask, does expulsion shape men's lives and sense of themselves? The book uncovers a harrowing carceral system that weaves together policing, prison, detention, removal, and border militarization to undermine migrants as men. Guards and gangs beat them down, till they feel like cockroaches, pigs, or dogs. Many lose ties with family. They do not go "home." Instead, they end up in limbo: stripped of their very humanity. Against the odds, they fight for new ways to belong. At once devastating and humane, Banished Men offers a clear-eyed critique of the violence of deportation.
Bank Insolvency Law in Developing Economies (Routledge Research in Finance and Banking Law)
by Kayode Akintola Folashade AdeyemoThe subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.
Bank- und Finanzwirtschaft im Stress: Aktuelle Herausforderungen und Lösungsansätze
by Stephan Schöning Nils Moch Sonja Schütte-BiastochDieses Buch fokussiert die mannigfaltigen Herausforderungen, mit denen die Bank- und Finanzwirtschaft aktuell konfrontiert ist. Digitalisierung, Sustainable Development Goals/Nachhaltigkeit (Green Finance), Globalisierung, Pandemie-Folgen, demografischer Wandel, Ukraine-Krieg und Konsequenzen für die Weltwirtschaft betreffen nicht nur Banken und Sparkassen, den Finanzbereich und das Rechnungswesen von Unternehmen sowie die Wirtschaftsprüfung, sondern sind auch in vielfältiger Natur miteinander verknüpft. Entsprechend sind Akteure im Finanzbereich gefordert, sich auf diese Herausforderungen einzustellen und zukunftsbezogene Lösungsansätze zu entwickeln. Namhafte Expertinnen und Experten aus Wissenschaft und Praxis geben Antworten auf die drängenden Fragen in der Finanzwirtschaft.
The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology
by Nita A. FarahanyA new dawn of brain tracking and hacking is coming. Will you be prepared for what comes next?Imagine a world where your brain can be interrogated to learn your political beliefs, your thoughts can be used as evidence of a crime, and your own feelings can be held against you. A world where people who suffer from epilepsy receive alerts moments before a seizure, and the average person can peer into their own mind to eliminate painful memories or cure addictions.Neuroscience has already made all of this possible today, and neurotechnology will soon become the “universal controller” for all of our interactions with technology. This can benefit humanity immensely, but without safeguards, it can seriously threaten our fundamental human rights to privacy, freedom of thought, and self-determination.From one of the world’s foremost experts on the ethics of neuroscience, The Battle for Your Brain offers a path forward to navigate the complex legal and ethical dilemmas that will fundamentally impact our freedom to understand, shape, and define ourselves.
(Bau-)Vergaberecht – Eine praxisorientierte Einführung
by Jochen FürmannDieses Fachbuch liefert einen eng an die Bedürfnisse der Praxis orientierten Ein- und Überblick zum weiten Feld des Bau-Vergabrechts. Mit wesentlichen Basisinformationen speziell für den Bauvergabebereich sollen insbesondere Nicht-Juristen einen leichten Einstieg in die Materie erhalten. Das Buch stellt dar wer, warum, was wie ausschreiben muss. Dabei werden auch die haushaltsrechtlichen Vorgaben, die Rechtsschutzmöglichkeiten, die weiteren vergaberechtlich relevanten Fragen während der Bauabwicklung und die übrigen Vergabevorschriften angesprochen.