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Abortion Politics in Congress
by Scott H. Ainsworth Thad E. HallThis book examines how legislators have juggled their passions over abortion with standard congressional procedures, looking at how both external factors (such as public opinion) and internal factors (such as the ideological composition of committees and party systems) shape the development of abortion policy. Driven by both theoretical and empirical concerns, Scott H. Ainsworth and Thad E. Hall present a simple, formal model of strategic incrementalism, illustrating that legislators often have incentives to alter policy incrementally. They then examine the sponsorship of abortion-related proposals as well as their committee referral and find that a wide range of Democratic and Republican legislators repeatedly offer abortion-related proposals designed to alter abortion policy incrementally. Abortion Politics in Congress reveals that abortion debates have permeated a wide range of issues and that a wide range of legislators and a large number of committees address abortion.
Abortion, Conscience and Democracy
by Mark R. MacguiganFew issues have polarized Canadians and Americans as much as the abortion debate. In this thoughtful and thought-provoking reflection on the implications the law on abortion has on democracy, Mark MacGuigan brings a much-needed perspective to this controversial subject. Few people are as well qualified to do so: MacGuigan is a former law professor, minister of justice and attorney general of Canada, a Catholic, and a federal appellate-court judge.Distinguishing carefully between morality and the law, MacGuigan includes a history of the criminal law, the Catholic Church’s views, and the often-ignored roles of individual conscience, freedom and responsibility in democracy. He reviews the essential debate, important case histories, and the evolving social perspectives that have attached themselves to discussions of abortion. he also includes chapters on the related issues of contraception and euthanasia.MacGuigan refers to a wide range of influential and international documents and judgements: papal encyclicals, the Wolfenden Report, Roe vs. Wade, a ruling in a case that involved Dr. Henry Morgentaler, and numerous other sources. With great candour, MacGuigan also explores how his own attitude and position have changed to the point where he now opposes any legislation limiting abortion before viability.Those who are seeking clarity of the issues and those who want to uncloud the rhetoric and the arguments should not miss reading this important work.
Abortion and the Politics of Motherhood
by Kristin LukerKristin Luker examines the issues, people, and beliefs on both sides of the abortion conflict and draws data from twenty years of public documents and newspaper accounts, as well as over two hundred interviews with both pro-life and pro-choice activists.
Abortion and the Law in America: Roe v. Wade to the Present
by Mary ZieglerWith the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.
Abortion and Social Responsibility: Depolarizing the Debate
by Laurie ShrageShrage argues that Roe v Wade's regulatory scheme of a six-month time span for abortion on demand polarized the public and obscured alternatives with potentially broader support. She explores the origins of that scheme, then defends an alternate one--with a time span shorter than 6 months for non-therapeutic abortions--that could win broad support needed to make legal abortion services available to all women.
Abortion and Ireland: How the 8th Was Overthrown
by David RalphThis book asks the crucial question of how it came to pass that on the 25 May 2018, the Irish electorate voted by a landslide in favour of changing its abortion legislation that, for the previous thirty-five years, had been one of the most restrictive regimes in Europe. The author shows how, alongside traditional campaigning tactics such as street demonstrations, door-to-door canvassing, and the distribution of pro-choice merchandise and information leaflets, a key strategy of pro-choice advocacy groups was to encourage first-person abortion story-sharing by women in their efforts to repeal the Eighth Amendment, which had effectively banned abortion provision in the country. The book argues that a normalizing of abortion talk took place in the lead-up to the referendum, with women speaking publicly in unprecedented numbers about their abortion histories. These women storytellers were mirroring certain pro-choice movements in other contexts, where a new ‘sound it loud, say it proud’ narrative around abortion experiences has emerged as a central contemporary strategy for destigmatizing abortion discourse.Students and scholars across a range of disciplines, including law, gender studies, sociology, and human geography, will find this book of interest.
The Abortion Act 1967: A Biography of a UK Law (Law in Context)
by Sally Sheldon Gayle Davis Jane O'Neill Clare ParkerThe Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a 'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.
Abortion: The Supreme Court Decisions, 1965-2007
by I. ShapiroUpdated to include the 2007 decision Gonzales v. Carhart, this volume provides all of the major Supreme Court decisions on abortion -- as well as many majority, dissenting, and plurality opinions -- carefully edited for use in undergraduate and graduate courses in a variety of disciplines. In his introductory essay, Shapiro sets these cases in political, historical, and philosophical context, and gives the reader a sense of what the main issues in the constitutional law of abortion are likely to be in the future.
Abortion: The Supreme Court Decisions 1965–2022
by Ian Shapiro Ed. Alicia SteinmetzThis new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.
Aboriginal Women, Law and Critical Race Theory: Storytelling From The Margins (Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice)
by Nicole WatsonThis book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law. It uses the Critical Race Theory (‘CRT’) tool of ‘outsider’ or ‘counter’ storytelling to illuminate the practices that have been used by generations of Aboriginal women to create an outlaw culture and to resist their invisibility to law. Legal scholars are yet to use storytelling to bring the experiential knowledge of Aboriginal women to the centre of legal scholarship and yet this book demonstrates how this can be done by way of a new methodology that combines elements of CRT with speculative biography. In one chapter, the author tells the imagined story of Eliza Woree who featured prominently in the backdrop to the decision of the Supreme Court of Queensland in Dempsey v Rigg (1914) but whose voice was erased from the judgements. This accessible book adds a new and innovative dimension to the use of CRT to examine the nexus between race and settler colonialism. It speaks to those interested in Indigenous peoples and the law, Indigenous studies, Indigenous policy, Aboriginal and Torres Strait Islander history, feminist studies, race and the law, and cultural studies.
The Aboriginal Tent Embassy: Sovereignty, Black Power, Land Rights and the State
by Gary Foley Andrew Schaap Edwina HowellThe 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)
Aboriginal Peoples, Colonialism and International Law: Raw Law (Indigenous Peoples and the Law)
by Irene WatsonThis work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law
by Sonia Harris-ShortThis volume addresses the contentious and topical issue of aboriginal self-government over child welfare. Using case studies from Australia and Canada, it discusses aboriginal child welfare in historical and comparative perspectives and critically examines recent legal reforms and changes in the design, management and delivery of child welfare services aimed at securing the 'decolonization' of aboriginal children and families. Within this context, the author identifies the limitations of reconciling the conflicting demands of self-determination and sovereignty and suggests that international law can provide more nuanced and culturally sensitive solutions. Referring to the UN Declaration on the Rights of Indigenous Peoples, and the UN Convention on the Rights of the Child, it is argued that the effective decolonization of aboriginal child welfare requires a journey well beyond the single issue of child welfare to the heart of the debate over self-government, self-determination and sovereignty in both national and international law.
Abolition of Antitrust
by Gary HullThe Abolition of Antitrust asserts that antitrust laws-on economic, legal, and moral grounds-are bad, and provides convincing evidence supporting arguments for their total abolition. Every year, new antitrust prosecutions arise in the U.S. courts, as in the cases against 3M and Visa/MasterCard, as well as a number of ongoing antitrust cases, such as those involving Microsoft and college football's use of the Bowl Championship Series (BCS). Gary Hull and the contributing authors show that these cases-as well as the Sherman Antitrust Act itself-are based on an erroneous interpretation of the history of American business, premised on bad economics. They equivocate between economic and political power-the power to produce versus the power to use physical force. For Hull, antitrust prosecutions are based on a horrible moral inversion: that it is acceptable to sacrifi ce America's best producers. The contributors explain how key antitrust ideas, for instance, "monopoly," "restraint of trade," and "anticompetitive behavior," have been used to justify prosecution, and then make clear why those ideas are false. They sketch the historical, legal, economic, and moral reasoning that gave rise to the passage and growth of antitrust legislation. All of the theoretical points in this volume are woven around a number of fascinating cases, both historical and current-including the Charles River Bridge, Alcoa, General Electric, and Kellogg/General Mills. Designed for the uninformed but educated layman, The Abolition of Antitrust makes positive arguments in defense of wealth creation, business, and profi t, explains the proper role of government, and offers a rational view of the meaning of contract and economic freedom. AldineTransaction www.transactionpub.com ISBN: 978-1-4128-0502-5 Library of Congress: 2004058124 Printed in the U.S.A. Cover design by Ellen F. Kane "The essays in this book present a sustained economic, historical, moral, and legal broadside against the various federal statutes known as antitrust doctrine. They explode the cherished myths underlying the antitrust laws, and expose their intellectual fountainhead in a morality of self-sacrifice that is incompatible with individual rights, free enterprise, and objective law. With the publication of this text, businessmen, lawyers, economists, policymakers,legislators, and judges finally have access to a systemic critique of the antitrust laws. From here on, if antitrust continues to violate the rights of businessmen and to ravage the American economy, it is not for lack of knowing how and why."-Adam Mossoff, assistant professor of law, Michigan State University College of Law.
Abolition Democracy: Beyond Empire, Prisons, and Torture (Open Media Series)
by Angela Y. DavisRevelations about U.S policies and practices of torture and abuse have captured headlines ever since the breaking of the Abu Ghraib prison story in April 2004. Since then, a debate has raged regarding what is and what is not acceptable behavior for the world's leading democracy. It is within this context that Angela Davis, one of America's most remarkable political figures, gave a series of interviews to discuss resistance and law, institutional sexual coercion, politics and prison. Davis talks about her own incarceration, as well as her experiences as "enemy of the state," and about having been put on the FBI's "most wanted" list. She talks about the crucial role that international activism played in her case and the case of many other political prisoners.Throughout these interviews, Davis returns to her critique of a democracy that has been compromised by its racist origins and institutions. Discussing the most recent disclosures about the disavowed "chain of command," and the formal reports by the Red Cross and Human Rights Watch denouncing U.S. violation of human rights and the laws of war in Guantánamo, Afghanistan and Iraq, Davis focuses on the underpinnings of prison regimes in the United States.
La abolición del tormento: El inédito Discurso sobre la injusticia del apremio judicial (c. 1795), de Pedro García del Cañuelo (North Carolina Studies in the Romance Languages and Literatures #314)
by José Manuel Pereiro OteroJunto a la erradicacion de la esclavitud y de la pena capital, la abolicion del tormento configura durante el siglo XVIII una de las disputas intelectuales mas incisivas de la Europa continental. Una importante e inedita pieza de esta controversia juridica, politica y social en la Espana de la epoca es el Discurso sobre la injusticia del apremio judicial, donde se argumenta a favor de prohibir este y otros metodos legales de coercion fisica y mental. A mediados de la ultima decada del setecientos, su autor, el abogado Pedro Garcia del Canuelo, trata de publicarlo y busca la mediacion de Manuel Godoy. Sin embargo, el futuro Principe de la Paz rechaza proteger el manuscrito y advierte al autor sobre posibles repercusiones si continua examinando dicho asunto. En consecuencia, aunque el titulo ha pasado al registro historico en contadas referencias indirectas, su contenido se creia perdido. La abolicion del tormento no solamente rescata la figura y el trabajo de su autor, sino que analiza, transcribe y reproduce el texto. Ademas, aparte de estudiar las repercusiones de este debate intelectual en ensayos, dramas, textos narrativos y articulos periodisticos, examina los fundamentos filosoficos y legales de la controversia sobre la tortura juridica en Europa y, particularmente, en Espana. La disputa en la que participa el Discurso sobre la injusticia del apremio judicial refleja las tensiones politicas, juridicas y sociales de la epoca, ya que el debate sobre la legitimidad de la tortura implica considerar planteamientos cuya relevancia no se limita al siglo XVIII. Entre ellos se encuentran, por ejemplo, como se puede articular la relacion entre legalidad y justicia, que criterios se usan para definir a un ser humano, que principios establecen el valor intrinseco de la existencia individual, asi como que circunstancias condicionan la igualdad ante la ley, y cuales son los limites del poder legitimo cuando este suspende los derechos naturales, politicos y civiles del ciudadano. Ampliamente documentado, este estudio es de particular interes para quienes reflexionen sobre los cambios en los procesos legales y en las practicas politicas durante la transicion entre el Antiguo Regimen y el liberalismo moderno.
Abnahme im Bauwesen nach Ansprüchen: Entscheidungshilfen für Auftraggeber und Auftragnehmer für die Abnahme von Bauleistungen, Planung, Bauüberwachung, Projektleitung, Projektsteuerung und Bauträgerleistungen (Bau- und Architektenrecht nach Ansprüchen)
by Christian Zanner Jana HenningDieses Buch unterstützt den Immobilienentwickler und alle am Bau Beteiligten im Umgang mit der nicht immer einfachen Thematik der Abnahme. Welche Formen der Abnahme gibt es? Richtet sie sich nach dem BGB oder der VOB? Welche Besonderheiten gibt es im Architekten- und Ingenieurrecht zu beachten? Wie ist die Abnahme beim Bauträgervertrag zu handhaben? Wann kann eine Teilabnahme gefordert werden und wann kann die Abnahme verweigert werden? Die Abnahme ist in der Baupraxis von herausragender Bedeutung. Das Verständnis der einzelnen Tatbestände und der Wirkung der Abnahme ist für den Immobilienentwickler, Auftraggeber, Architekten, Ingenieure und Bauunternehmen für die Praxis unerlässlich. Die neue VOB/B 2016 ist bereits berücksichtigt worden und im Wortlaut beigefügt.
Abiding Conviction (A Dutch Francis Thriller #3)
by Stephen M. MurphyLawyer Dutch Francis faces an impossible situation—search for your missing wife or defend your high-profile client Dutch Francis is a defense attorney in the case of a judge accused of killing his wife. Just as the trial is about to begin, Ginnie Turner, Dutch's wife and TV news broadcaster, goes missing. Under extreme duress, Dutch tries to extricate himself as the judge's attorney—or at least postpone the trial. The judge insists that the trial proceed without delay and that Dutch remain his attorney. Exhausted by the murder trial, Dutch confronts an ineffectual police department, suspicious that he is involved in his wife's disappearance. He takes matters into his own hands as he struggles to balance both responsibilities—the trial and finding his wife—pushing him to the brink of losing everything he holds dear. At first Dutch suspects that Ginnie was kidnapped in retaliation for her recent stories about sex scandals. But after receiving bits of her in the mail—fingernails, hair—he realizes the kidnapper's intent may be to punish him. Could his defense of the judge be the reason?Fans of John Grisham and Scott Turow will love the courtroom drama
Abgrenzungsmaßstäbe im Abkommensrecht: Veranlassungsprinzip und Fremdvergleich bei der Betriebsstättengewinnabgrenzung (PwC-Studien zum Unternehmens- und Internationalen Steuerrecht #10)
by Solvejg GlatzAusgehend von dem Veranlassungsprinzip als tätigungsbezogenem Grundprinzip der Abgrenzung und dessen Konkretisierung durch den Fremdvergleichsgrundsatz analysiert die Arbeit die bisherige BFH-Rechtsprechung und diskutiert ausgewählte Fragestellungen der abkommensrechtlichen Betriebsstättengewinnabgrenzung. Es wird herausgearbeitet, dass sowohl dem Art. 7 OECD-MA als auch den sog. Betriebsstättenvorbehalten ein einheitlicher veranlassungsbasierter Abgrenzungsmaßstab zugrunde liegt, der an das spezifisch abkommensrechtliche Verständnis der Unternehmenstätigkeit anknüpft. Nach kommentarähnlicher Darstellung und Diskussion der Änderungen durch den Authorized OECD Approach (AOA) wird gezeigt, dass auch der dem AOA zugrunde liegende Abgrenzungsmaßstab veranlassungsbasiert ist, wenngleich es aufgrund der abweichenden Anknüpfung an Personalfunktionen im Einzelfall zu unterschiedlichen Zuordnungsergebnissen kommen kann. Zugleich werden Vorschläge für einzelne gesetzgeberische Nachbesserungen der Umsetzungsvorschrift des § 1 Abs. 5 AStG gemacht.
Abelard: Ethical Writings
by Paul V. Spade Marilyn Mccord Adams Peter AbelardAbelard's major ethical writings--Ethics, or Know Yourself, and Dialogue between a Philosopher, a Jew and a Christian, are presented here in a student edition including cross-references, explanatory notes, a full table of references, bibliography, and index.
The Abduction
by Mark GimenezWhen hotshot lawyer Elizabeth Brice turns up to collect her daughter Grace from football practice, the coach tells her she needn't have bothered, as Grace's uncle has already picked her up.The only problem is - Grace has no uncles.And so begins a furious race against time to save Grace from unknown kidnappers. Grace's internet geek father John leads the search, forced to unite with his terrifying wife and even more terrifying father Ben, a battle-hardened Vietnam veteran. Somehow they must find Grace before it is too late. But secrets from the past make the little girl's survival more uncertain with every passing minute...A riveting, action-packed thriller, The Abduction will have you on the edge of your seat from the first page to the last.
The Abduction
by Mark GimenezWhen hotshot lawyer Elizabeth Brice turns up to collect her daughter Grace from football practice, the coach tells her she needn't have bothered, as Grace's uncle has already picked her up.The only problem is - Grace has no uncles.And so begins a furious race against time to save Grace from unknown kidnappers. Grace's internet geek father John leads the search, forced to unite with his terrifying wife and even more terrifying father Ben, a battle-hardened Vietnam veteran. Somehow they must find Grace before it is too late. But secrets from the past make the little girl's survival more uncertain with every passing minute...A riveting, action-packed thriller, The Abduction will have you on the edge of your seat from the first page to the last.
'Abd al-Rahman b. 'Amr al-Awza'i (Makers of the Muslim World)
by Steven C. Judd&‘Abd al-Rahman b. &‘Amr al-Awza&‘i (c.707–774) was Umayyad Syria&’s most influential jurist, part of a generation of scholars who began establishing the first formal structures for the preservation and dissemination of religious knowledge. Following the Abbasid revolution, they provided a point of stability in otherwise unstable times. Despite his close ties to the old regime, al-Awza&‘i continued to participate in legal and theological matters in the Abbasid era. Although his immediate impact would prove short-lived, his influence on aspects of Islamic law, particularly the laws of war, endures to this day.
The ABC of the OPT: A Legal Lexicon Of The Israeli Control Over The Occupied Palestinian Territory
by Michael Sfard Hedi Viterbo Orna Ben-NaftaliIsrael's half-a-century long rule over the West Bank and Gaza Strip, and some of its surrounding legal issues, have been the subject of extensive academic literature. Yet, to date, there has been no comprehensive, theoretically-informed, and empirically-based academic study of the role of various legal mechanisms, norms, and concepts in shaping, legitimizing, and responding to the Israeli control regime. <P><P>This book seeks to fill this gap, while shedding new light on the subject. Through the format of an A-Z legal lexicon, it critically reflects on, challenges, and redefines the language, knowledge, and practices surrounding the Israeli control regime. Taken together, the entries illuminate the relation between global and local forces - legal, political, and cultural - in Israel and Palestine. The study of the terms involved provides insights that are relevant to other situations elsewhere in the world, particularly with regard to belligerent occupation, the law's role in relation to state violence, and justice.<P> Offers a case study relevant to other examples of occupation, such as Iraq and Crimea.<P> Uses a lexicon format to analyze key legal and political concepts relating to Israel's control over the West Bank and Gaza Strip.<P> Aimed at academics and practitioners in the fields of international law, jurisprudence, and political science.
Abandoned to Ourselves
by Peter Alexander MeyersIn this extraordinary work, Peter Alexander Meyers shows how the centerpiece of the Enlightenment--society as the symbol of collective human life and as the fundamental domain of human practice--was primarily composed and animated by its most ambivalent figure: Jean-Jacques Rousseau. Displaying this new society as an evolving field of interdependence, Abandoned to Ourselves traces the emergence and moral significance of dependence itself within Rousseau's encounters with a variety of discourses of order, including theology, natural philosophy, and music. Underpinning this whole scene we discover a modernizing conception of the human Will, one that runs far deeper than Rousseau's most famous trope, the "general Will." As Abandoned to Ourselves weaves together historical acuity with theoretical insight, readers will find here elements for a reconstructed sociology inclusive of things and persons and, as a consequence, a new foundation for contemporary political theory.