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Showing 251 through 275 of 33,535 results

Cultural Property Crime and the Law: Legal Approaches to Protection, Repatriation, and Countering Illicit Trade (Transnational Criminal Justice)

by Michelle D. Fabiani Kate Melody Burmon Saskia Hufnagel

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

The Curious Case of Usable Privacy: Challenges, Solutions, and Prospects (Synthesis Lectures on Information Security, Privacy, and Trust)

by Simone Fischer-Hübner Farzaneh Karegar

This book journeys through the labyrinth of usable privacy, a place where the interplay of privacy and Human-Computer Interaction (HCI) reveals a myriad of challenges, solutions, and new possibilities. Establishing a solid understanding of usable privacy research, practices, and challenges, the book illuminates for readers the often shadowy corridors of such a multifaceted domain and offers guidelines and solutions to successfully traverse the challenging maze. The book does not simply focus on data protection or legislative frameworks but also on what it takes for privacy to be safeguarded, understood, embraced, and easily practiced by all. It begins with a thorough exploration of the background of privacy tools and technologies, the evolution of privacy rules and regulations, and the backdrop upon which this narrative unfolds. After establishing this context, its next important focus is the current state and future directions of the field, including thefrontiers of usable privacy research in relation to the Internet of Things (IoT), usability of PETs, and usable privacy for UX and software developers. The book also considers the often-overlooked privacy narratives of marginalized communities and delves into the complexities of user-centric privacy. Readers are provided with a blueprint for addressing these hurdles and establishing pathways for a more privacy-conscious world. The text will be of interest to students studying Computer Science, Information Systems, or Law, as well as researchers and practitioners working in the fields of usable privacy, privacy by design, Privacy-Enhancing Technologies (PETs), or HCI. All will benefit from the book’s central deliberation of a question that echoes through time and technological advancements: why does usable privacy matter?

Cyber Security and Digital Forensics: Select Proceedings of the International Conference, ReDCySec 2023 (Lecture Notes in Networks and Systems #896)

by Nihar Ranjan Roy Sudeep Tanwar Usha Batra

The book contains peer-reviewed papers from the International Conference on Recent Developments in Cyber Security organized by the Center for Cyber Security and Cryptology at Sharda University in June 2023. This volume focuses on privacy and secrecy of information, cryptography, applications and analysis, cyber threat intelligence and mitigation, cyber-physical systems, cyber threat intelligence, quantum cryptography and blockchain technologies and their application, etc. This book is a unique collection of chapters from different areas with a common theme and will be immensely useful to academic researchers and practitioners in the industry.

Cyber Sovereignty: The Future of Governance in Cyberspace

by Lucie Kadlecová

Governments across the globe find themselves in an exploratory phase as they probe the limits of their sovereignty in the cyber domain. Cyberspace is a singular environment that is forcing states to adjust their behavior to fit a new arena beyond the four traditional domains (air, sea, space, and land) to which the classic understanding of state sovereignty applies. According to Lucie Kadlecová, governments must implement a more adaptive approach to keep up with rapid developments and innovations in cyberspace in order to truly retain their sovereignty. This requires understanding the concept of sovereignty in a more creative and flexible manner. Kadlecová argues that the existence of sovereignty in cyberspace is the latest remarkable stage in the evolution of this concept. Through a close study of the most advanced transatlantic cases of state sovereignty in cyberspace—the Netherlands, the US, Estonia, and Turkey—Cyber Sovereignty reveals how states have pursued new methods and tactics to fuel the distribution of authority and control in the cyber field, imaginatively combining modern technologies with legal frameworks. In times of booming competition over cyber governance between democracies and authoritarian regimes worldwide, cyber sovereignty is a major topic of interest, and concern, for the international community.

Cyber Sovereignty: International Security, Mass Communication, and the Future of the Internet (Global Power Shift)

by Lev Topor

The internet has become a battleground for global power struggles, with nations and even terrorist organizations wielding cyber-attacks to exert control. As the absence of binding international laws and norms leaves cyberspace largely unchecked, countries are seeking to establish their Sovereign Cyber Domains (SCD) - tightly controlled cyberspaces. In this illuminating monograph, the author explores how Russia, China, Iran, and others perceive the internet as a means for the United States and its allies to maintain global dominance and influence foreign audiences, driving their pursuit of strict regulations over domestic cyber affairs and mass communication. Yet, even the United States is now susceptible to foreign cyber operations, mainly foreign influence that undermines its domestic affairs. Even International Blocs like the European Union had expressed concerns about foreign influence and privacy rights abuses, leading to regulatory initiatives like the General Data Protection Regulation, Digital Services Act and the Digital Markets Act. As nations prioritize cybersecurity and sovereignty over free speech and convenience, the book predicts a future of increased regulation across all layers of the cyber domain, mirroring the historical emergence of the concept of sovereignty.Drawing on a combination of political science, international relations, and cyber domain practices, this monograph offers valuable insights for policymakers, practitioners, researchers, and students. By analyzing existing cyber sovereignty processes and predicting future trends, the book contributes to international relations theories, sheds light on the challenges of an unregulated cyber domain, and provides guidance for a secure and controlled digital future.

Cybercrime and Digital Deviance

by Roderick S. Graham 'Shawn K. Smith

Cybercrime and Digital Deviance, Second Edition, combines insights from sociology, criminology, psychology, and cybersecurity to explore cybercrimes such as hacking, identity theft, and romance scams, along with forms of digital deviance such as pornography addiction, trolling, and “canceling” people for perceived violations of norms.Other issues are explored including cybercrime investigations, nation-state cybercrime, the use of algorithms in policing, cybervictimization, and expanded discussion of the theories used to explain cybercrime. Graham and Smith conceptualize the online space as a distinct environment for social interaction, framing their work with assumptions informed by their respective work in urban sociology and spatial criminology, and offering an engaging entry point for understanding what may appear to be a technologically complex course of study. The authors apply a modified version of a typology developed by David Wall: cybertrespass, cyberfraud, cyberviolence, and cyberpornography. This typology is simple enough for students just beginning their inquiry into cybercrime, while its use of legal categories of trespassing, fraud, violent crimes against persons, and moral transgressions provides a solid foundation for deeper study. In this edition each chapter includes a new “Current Events and Critical Thinking” section, using concepts from the chapter to explore a specific event or topic like the effect of disinformation on social cohesion and politics.Taken together, Graham and Smith’s application of a digital environment and Wall’s cybercrime typology makes this an ideal upper-level text for students in sociology and criminal justice. It is also an ideal introductory text for students within the emerging disciplines of cybercrime and cybersecurity.

Cybercrime, Digital Forensic Readiness, and Financial Crime Investigation in Nigeria (Advanced Sciences and Technologies for Security Applications)

by Robinson Tombari Sibe Christian Kaunert

Nigeria has become one of the hotbeds of cybercrime since the liberalization of the telecommunication industry began in 1996. The scale and magnitude have been quite disturbing, not just for Nigeria but also for the international community, given the limitless boundaries of cybercrime. Like any other type of fraud, Internet fraud is primarily driven by financial gains. This book investigates the extent of the lack of digital forensic resources in Nigeria’s financial crime agencies. It is vital to have a proper resource inventory and capabilities to successfully confront the growing threat of financial crimes. While a few studies have suggested the lack of forensic capabilities in Nigerian cybercrime investigative agencies and the justice system, none have examined this in great detail, particularly in relation to specific skills gaps and resources needed in Nigeria’s financial crime agencies. This book contributes to the growing body of knowledge and clarifies the scope of the lack of digital forensic resources. Understanding the extent of the deficiency and its impact on caseloads could be crucial for developing a roadmap toward building forensic readiness and capability maturity for the agencies. This book presents the deficiencies in forensic readiness and recommends measures to fill this gap. This book also examines the specifics of the cybercrime caseloads and conviction records in Nigeria, identifying trends and patterns. The book explores other cybercrime complexities in Nigeria, such as common cybercrime taxonomies, prosecution, and conviction dynamics, juxtaposing it with select case studies in other jurisdictions. Drawing on extensive research, the book offers crucial insights for policymakers, researchers, and the public interested in new trends in cybercrime, digital forensic readiness, Nigerian financial crime agencies, and cybercrime investigations.

Cyberspace, Cyberterrorism and the International Security in the Fourth Industrial Revolution: Threats, Assessment and Responses (Advanced Sciences and Technologies for Security Applications)

by Reza Montasari

This book represents an interdisciplinary academic endeavour intended to provide readers with a comprehensive, balanced, and nuanced examination of critical issues at the intersection of cyberspace, cyberterrorism, and national and international security. It draws insights from a range of diverse fields, including Computer Science, Social Science, Political Science, International Relations, Criminology, and Law. Furthermore, the book investigates the field of Artificial Intelligence (AI) and related technologies, exploring their dual role in this dynamic landscape of contemporary cyberthreats, with both constructive and malicious implications.The book comprises four distinct themes, with each theme represented by a dedicated Part. Within this organisational framework, each overarching theme is systematically explored through a series of chapters, providing readers with a clear and thematic roadmap for their journey through the content.Part I, Understanding Terrorism and Counter-Terrorism Strategies, of the book explores complexities surrounding contemporary global security challenges. It serves as the foundational segment of the book, consisting of three chapters that critically analyse various dimensions of terrorism and the strategies implemented to combat it.Part II, Cyberterrorism Landscape, of the book offers an in-depth assessment of the current cyberterrorism landscape. This section comprises two critical chapters, each contributing to a comprehensive understanding of the contemporary threats posed by cyberterrorism and their implications for national security.Part III, Countering Cyberterrorism with Technology, of the book forms the core of the book’s exploration into leveraging technology to mitigate the threats of cyberterrorism. This section includes four critical chapters, collectively providing an in-depth understanding of the intersection between technology and counterterrorism strategies.Part IV, Artificial Intelligence and National and International Security, of the book delves into the complex relationship between AI technology and the broader security landscape. Comprising three pivotal chapters, this section provides a detailed understanding of AI’s transformative role in shaping the future of national and international security.This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism.This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism.This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism.This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the intricate landscape of cyberspace, this book equips readers with knowledge essential to addressing the evolving challenges posed by cyber terrorism.This comprehensive resource serves as a valuable reference for law enforcement, policymakers, cybersecurity experts, researchers, academics, and technology enthusiasts interested in counter-terrorism efforts. By exploring the in

Damages, Recoveries and Remedies in Shipping Law (Maritime and Transport Law Library)

by Bariş Soyer Andrew Tettenborn

This edited volume brings together contributions from experienced academics and practitioners in shipping law to consider the crucial subject of remedies in shipping litigation. The collection takes a close look at the established principles and recent legal, commercial and technical developments in the area of remedies in shipping law. It is divided into three parts. The first part focuses on fundamental common law principles concerning damages, including approaches to topics such as damages for delay and what happens when a charter is thrown over early; the reflective loss rule; mitigation; and the problem of cryptocurrency. The second part considers technology and how it affects contracts and remedies, including the use of new technologies and the development of new liability regimes. The third part explores contractual remedies other than simple compensatory damages, considering issues such as limitation of liability, punitive damages, specific remedies, third party claims and liabilities, and anti-suit injunctions. Written for lawyers and administrators not only in England and Wales but worldwide (especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India), the book will also be of interest to specialist maritime law firms in the USA. It will be a valuable addition to specialist law libraries within Europe and the USA, and to university libraries where maritime and shipping law are taught as specialist subjects.

The Dark Side of Politics: Essays on the Unpleasant Realities of Political Life

by Benjamin Ginsberg

This series of scholarly chapters explores the unpleasant realities of modern politics – and American politics in particular – by examining how self- interest, war, violence, deception and institutional failure continue to characterize the political landscape. Author Benjamin Ginsberg argues that the political world in which we like to think we live – the world of civic engagement, representative government and principled political discourse – is fleeting and fragile, resting uneasily upon the foundation of a harsh and dark reality. Making a fundamental contribution to our understandings of politics, this book is an important read for students and scholars of American Politics and Government.

The Darker Side of Leadership: Pythons Devouring Crocodiles

by Manfred F. Kets de Vries

Manfred Kets de Vries is one of the most authoritative voices on organizational dynamics, leadership, executive coaching, and psychotherapy today. In all his roles, he has noticed that questions are now, increasingly, coming back to one thing – the wider state of the world. Using an engaging and highly readable style throughout the book, Manfred helps us to make sense of the confusing and, some might say, psychotic times in which we now live.Revealing the darker side of leadership, Manfred explores the tendency for people to adopt ‘sheeple’ or herd-like behavior, the populist threat that we are facing, the dangers that come with feelings of perceived injustice, the rise of dictatorships, and the impact of Leviathan (neo-authoritarian) leadership behavior. Guided by theoretical concepts, the book provides readers with a better understanding of the underlying forces that drive these phenomena to the surface. What are the psychological dynamics at play? Why do groups of people behave in this manner? Beyond merely diagnosing what’s happening, Manfred introduces various coping strategies to counteract the emergence of these regressive forces.The book offers a unique and original approach to answering the micro- and macro-psychological questions of how to mitigate against populism and autocratic leadership, and will be of interest to the general reader as well as the key audiences of organizational leaders, psychoanalysts, coaches, psychotherapists, sociologists and social psychologists.

Das Aufsichtssanktionenrecht europäischer Agenturen: Grundlagen einer neuen Strafrechtsart entwickelt am Beispiel des supranationalen EU-Kapitalmarktstrafrechts

by Laura Katharina Neumann

Das Buch entwickelt am Beispiel des supranationalen EU-Kapitalmarktstrafrechts die Grundlagen einer gänzlich neuen Strafrechtsart, die von der Autorin als „Aufsichtssanktionenrecht europäischer Agenturen“ bezeichnet wird. Derzeit ist dieses neue wirtschaftssystemschützende Risikostrafrecht noch im Entstehen begriffen. Jedoch steht angesichts aktueller gesetzgeberischer Entwicklungen auf europäischer Ebene zu erwarten, dass es schon bald maßgeblich weiter an Bedeutung gewinnen wird. Eine deshalb dringend benötigte strukturgebende Basis für die Fortentwicklung des neuen Sanktionenrechts wird in diesem Buch geschaffen.

Das Recht der Fiktion: Zu den Lizenzen und juristischen Implikationen fiktionalen Schreibens (Theorema. Literaturtheorie, Methodologie, Ästhetik #3)

by Nursan Celik

Verrechtlichungsprozesse von Literatur stellen als Kollisionsfall von Kunstfreiheit und allgemeinem Persönlichkeitsrecht nicht nur für die Jurisprudenz eine Herausforderung dar. Auch die Fiktionstheorie findet im besonderen Redestatus und den Fiktionslizenzen der Literatur ein reiches Feld. Die vorliegende Studie widmet sich systematisch anhand tatsächlich verhandelter Fälle und mit Blick auf neuere Fiktionsansätze der Frage, ob fiktionalen Texten Persönlichkeitsrechtsverletzungen angelastet werden können. Hierfür wird ausgehend von der Referenzstruktur fiktionaler Literatur untersucht, in welchen Fällen sich Elemente in der Darstellung literarischer Figuren auf reale Personen beziehen lassen und infolgedessen justiziabel werden können.

Deals: The Economic Structure of Business Transactions

by Michael Klausner Guhan Subramanian

Drawing on real-life cases from a wide range of industries, two acclaimed experts offer a sophisticated but accessible guide to business deals, designed to maximize value for your side.Business transactions take widely varying forms—from multibillion-dollar corporate mergers to patent licenses to the signing of an all-star quarterback. Yet every deal shares the same goal, or at least should: to maximize the joint value created and to distribute that value among the parties. Building on decades of experience teaching and advising on business deals, Michael Klausner and Guhan Subramanian show how to accomplish this goal through rigorous attention to designing incentives, conveying information, and specifying parties’ rights and obligations.Deals captures the range of real-life transactional complexities with case studies covering Microsoft’s acquisition of LinkedIn, Scarlett Johansson’s contract dispute with Disney over the release of Black Widow, litigation surrounding LVMH’s pandemic-disrupted acquisition of Tiffany, the feud between George Norcross and Lewis Katz over ownership of the Philadelphia Inquirer, NBC/Viacom’s negotiation with Paramount over the final three seasons of Frasier, and many more. In clear, concise terms, Klausner and Subramanian establish the basic framework of negotiation and the economic concepts that must be addressed in order to maximize value. They show how to tackle challenges, such as information asymmetry between buyer and seller, moral hazard, and opportunistic behavior. And the authors lay out responses to common risks associated with long-term contracts, emphasizing that a deal’s exit rights should be carefully considered at the start of transaction design.Unique in its practical application of economic theory to actual dealmaking, this book will be an indispensable resource for students and for professionals across the business and legal world.

Death: New Trajectories in Law (New Trajectories in Law)

by Marc Trabsky

This book examines how legal institutions reify the value of death in the twenty-first century. Its starting point is that bio-technological innovations have extended life to such an extent that death has become an epistemological problem for legal institutions. It explores how legal definitions of death are subject to the governing logic of economisation, how legal technologies for registering a death reshape what kind of deaths are counted during a pandemic, and how technologies for recycling cadaveric tissue problematise the legal status of the corpse. The question that unites each chapter is how legal institutions respond to technologies that bring death before their laws. The book argues for an interdisciplinary approach, informed by the writings of Georges Bataille, Wendy Brown, Georges Canguilhem and Michel Foucault, to understand how legal epistemologies are increasingly disrupted, challenged, and countered by technologies that repurpose death to extend, nourish and foster human life. It contends that legal theorists and social scientists need to rethink doctrinal perspectives of law when theorising how law defines the moment of death, shapes what kind of deaths count, and recycles the debris of the dead. This book will appeal to a broad international readership with research interests in critical theory, political theory, legal theory or death studies; and it will be particularly useful for teachers and students who are searching for an accessible entry point to the study of the intersections between law and death.

Death Penalty in Decline?: The Fight against Capital Punishment in the Decades since Furman v. Georgia

by Austin Sarat

How have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it. At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today. Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor

Debating Laws: Studies on Parliamentary Justification of Legislation (Legisprudence Library #10)

by A. Daniel Oliver-Lalana

This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

Decidim, a Technopolitical Network for Participatory Democracy: Philosophy, Practice and Autonomy of a Collective Platform in the Age of Digital Intelligence (SpringerBriefs in Political Science)

by Xabier E. Barandiaran Antonio Calleja-López Arnau Monterde Carol Romero

This Open Access book explains the philosophy, design principles, and community organization of Decidim and provides essential insights into how the platform works. Decidim is the world leading digital infrastructure for participatory democracy, built entirely and collaboratively as free software, and used by more than 500 institutions with over three million users worldwide. The platform allows any organization (government, association, university, NGO, neighbourhood, or cooperative) to support multitudinous processes of participatory democracy. In a context dominated by corporate-owned digital platforms, in the era of increasing social structuring via Artificial Intelligence, Decidim stands as a public or community owned platform for collective human intelligence. Yet, the project is much more than its technological features. Decidim is in itself a crossroad of the various dimensions of the networked society, a detailed practical map of its complexities and conflicts. The authors distinguish three general dimensions of the project: (1) the political - shedding light on the democratic model that Decidim promotes and its impact on public policies and organizations, (2) the technopolitical - explaining how this technology is democratically designed and managed to produce and protect certain political effects, and (3) the technical - presenting the conditions of production, operation, and success of the project. This book systematically covers those three levels in an academically sound, technologically consistent, and politically innovative manner. Serving as a useful resource and handbook for the use of Decidim, it will not only appeal to students and scholars interested in participatory and digital democracy but also to professionals, policy-makers, and a wider audience interested in learning more about the Decidim platform. This is an open access book.

Deciding What's Right (First Edition): A Practical Guide To Moral Theory

by Lewis Vaughn

The ethics primer for students in a hurry Deciding What’s Right by Lewis Vaughn empowers students with the knowledge and skills they need to navigate moral quandaries with confidence and integrity. The author doesn’t simply introduce moral theory; he brings it to life with evocative cases, rich pedagogy, and sustained emphasis on critical thinking. With remarkably effective chapters on moral reasoning—including a unique “Framework for Moral Decision-Making”—and deeper coverage of applied ethics than any text of its kind, Deciding What’s Right sets a new standard for introductory ethics courses.

Decision-making in International Construction Arbitration (Practical Legal Guides for Construction and Technology Projects)

by Haytham Besaiso

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

Declaration of Peace for Indigenous Australians and Nature: A Legal Pluralist Approach to First Laws and Earth Laws

by Anne Poelina Donna Bagnall Mary Graham Ross Timmulbar Williams Tyson Yunkaporta Chels Marshall Shola Anthony Diop Nadeem Samnakay Michelle Maloney Michael Davis

This groundbreaking book delves into the lived experiences and collective wisdom of Indigenous communities impacted by colonialism. Through collaborations with non-Indigenous colleagues, this book seeks to inform current legal practices and advocate for a transformative shift toward justice, equity, and the recognition of First Law and Earth-centered law.By presenting Indigenous stories as case studies and incorporating the collective wisdom gained through extensive discussions and exchanges with non-Indigenous colleagues, the authors highlight the ways in which Australian law falls short in upholding holistic principles and fails to align with First Law and Earth-centered law. The book invites readers to consider alternative legal futures that are rooted in respect, justice, and the well-being of both Indigenous peoples and the natural environment. Through its thought-provoking analysis, literature reviews, and insights from Indigenous leaders, this book servesas a powerful resource for legal practitioners, policymakers, scholars, and anyone passionate about social justice and environmental sustainability. The book aims to ignite meaningful dialogue and inspire concrete actions to address the historical injustices faced by Indigenous peoples while fostering a more inclusive and equitable legal framework for the generations to come.

Decoding the Court: Legal Data Insights from the Supreme Court of Canada

by Wolfgang Alschner, Vanessa MacDonnell and Carissima Mathen

This edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies.

Decolonisation, Anti-Racism, and Legal Pedagogy: Strategies, Successes, and Challenges (Legal Pedagogy)

by Foluke I Adebisi Suhraiya Jivraj Ntina Tzouvala

This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.

Decolonising Restorative Justice: A Case of Policy Reform

by Leanne Alexis Levers

This book critically examines the colonial dimensions of restorative justice through the lens of justice policy reform in Jamaica. Restorative justice is not new. Practices of restitution can be found throughout history, predominantly in non-Western traditions and religions. One of the key principles of restorative practices is contextualisation. That is, restorative practices are developed and embedded within the political, economic, and cultural context of the communities in which they are practised. Many of the countries that have gone on to develop restorative justice as part of their formal justice system have developed their policy on the model of their indigenous communities – for example, in Canada and in New Zealand. However, with the globalisation of restorative practices within the past decade, many countries have sought to ‘colonise’ restorative justice, by developing a standardised, best-practice approach. Instead of a practice that is developed and formed by its community, colonised restorative justice dictates that one size fits all. Examined through the lens of the development and implementation of restorative justice policies in Jamaica, this book argues that this Westernised approach diminishes the effectiveness of restorative justice in its capacity: to address the victim’s needs; to hold the offender accountable in a way that reintegrates them into society; and to empower the community by involving them in the provision of justice to victims. Restorative justice, then, must be decolonised –and local, indigenous practices acknowledged –if it is to achieve its aims. This book will be of interest to a range of scholars with interests in decolonisation, as well as alternative dispute resolution, especially those in sociolegal studies, criminology, human rights, social policy, political science, and Caribbean studies.

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