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Arbitration Law And Practice (American Casebook)
by Thomas Carbonneau Henry BlairThe Eighth Edition of this popular casebook fully integrates the most recent SCOTUS cases, including Epic Systems v. Lewis and Kindred Nursing Centers, Ltd. Partnership v. Clark, as well as a number of significant lower court decisions from the last three years. To keep pace with the rapid evolution of arbitration law, the new edition refines its organization to more precisely define issues of critical importance while retaining comprehensive coverage. In particular, the early chapters have been revised to provide pinpoint articulation of the core concepts and principles of arbitration law. Meanwhile, the later chapters on fairness in arbitration and enforcement of arbitral awards have been expanded and reworked to account for current trends in the decisional law. As with prior editions, this volume aims to be a teaching tool, allowing students and instructors to comprehensively assess the defining work of the Supreme Court while predicting when, why, and how the law will continue to change.
Arbitration Law Handbook
by Roger Hopkins Benjamin HornThe Arbitration Law Handbook collects together in one volume the laws in force in more than twenty countries, with the main procedural rules used in each of those countries. Each section has a short overview identifying relevant treaty obligations, the main arbitral bodies and the principal laws in force. Additionally, there is an international section in which the UNCITRAL Model Law and Arbitration Rules are set out and in which the major international conventions relating to arbitration, such as the New York Convention and table of signatories, are reproduced. The section also includes the ICSID Arbitration Rules (applicable to the settlement of investment disputes), as well as those of WIPO (applicable to the settlement of intellectual property disputes)
Arbitration Law in America
by Edward Brunet Richard E. Speidel Jean R. Sternlight Stephen J. WareArbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book, first published in 2006, argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age
by Kevin BoyleAn electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle<P><P> In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. <P> And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times.<P> Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.<P>
The Arc of Protection: Reforming the International Refugee Regime
by T. Alexander Aleinikoff Leah ZamoreThe international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Archaeologies of Rules and Regulation: Between Text and Practice
by Barbara Hausmair Ben Jervis Ruth Nugent Eleanor WilliamsHow can we study the impact of rules on the lives of past people using archaeological evidence? To answer this question, Archaeologies of Rules and Regulation presents case studies drawn from across Europe and the United States. Covering areas as diverse as the use of space in a nineteenth-century U.S. Army camp, the deposition of waste in medieval towns, the experiences of Swedish migrants to North America, the relationship between people and animals in Anglo-Saxon England, these case studies explore the use of archaeological evidence in understanding the relationship between rules, lived experience, and social identity.
Architect's Legal Handbook: The Law for Architects
by Anthony Speaight QC and Matthew ThorneThe Architect's Legal Handbook is the most widely used reference on the law for practicing architects and the established textbook on law for architectural students. Since the last edition of this book in 2010, the legal landscape in which architecture is practised has changed significantly: the long-standing procurement model with an architect as contract administrator has been challenged by the growing popularity of design and build contracts, contract notices in place of certificates, and novation of architect’s duties. The tenth edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensive coverage of relevant UK law topics. Key highlights of this edition include: an overview of the legal environment, including contract, tort, and land law; analysis of the statutory framework, including planning law, health and safety, construction legislation, and building regulations in the post-Grenfell legal landscape; procurement and the major industry construction contract forms; building dispute resolution, including litigation, arbitration, adjudication, and mediation; key fields for the architect in practice, including architects’ registration and professional conduct, contracts with clients and collateral warranties, liability in negligence, and insurance; entirely new chapters on various standard form contracts, architects’ responsibility for the work of others, disciplinary proceedings, and data protection; tables of cases, legislation, statutes, and statutory instruments give a full overview of references cited in the text. The Architect’s Legal Handbook is the essential legal reference work for all architects and students of architecture.
Architect's Legal Pocket Book (Routledge Pocket Books)
by Matthew CousinsA little book that’s big on information, the Architect’s Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, contracts including the RIBA contract administration certificates, inspection duties, practical completion, the Hackitt review, the Report of the Independent Inquiry into the Construction of Edinburgh Schools and practical issues facing architects. Illustrated with clear diagrams and featuring key cases, this is a comprehensive guide to current law for architects and an invaluable source of information. It is a book no architect should be without.
The Architect's Studio Companion: Rules of Thumb for Preliminary Design
by Edward Allen Joseph IanoThe time-saving resource every architect needs The Architect's Studio Companion is a robust, user-friendly resource that keeps important information at your fingertips throughout the design process. It includes guidelines for the design of structure, environmental systems, parking, accessibility, and more. This new sixth edition has been fully updated with the latest model building codes for the U. S. and Canada, extensive new information on heating and cooling systems for buildings, and new structural systems, all in a form that facilitates rapid preliminary design. More than just a reference, this book is a true companion that no practicing architect or student should be without. This book provides quick access to guidelines for systems that affect the form and spatial organization of buildings and allows this information to be incorporated into the earliest stages of building design. With it you can: Select, configure, and size structural systems Plan for building heating and cooling Incorporate passive systems and daylighting into your design Design for parking and meet code-related life-safety and accessibility requirements Relying on straightforward diagrams and clear written explanations, the designer can lay out the fundamental systems of a building in a matter of minutes--without getting hung up on complicated technical concepts. By introducing building systems into the early stages of design, the need for later revisions or redesign is reduced, and projects stay on time and on budget. The Architect's Studio Companion is the time-saving tool that helps you bring it all together from the beginning.
Architectural Projects of Marco Frascari: The Pleasure of a Demonstration (Ashgate Studies in Architecture)
by Sam RidgwayMarco Frascari believed that architects should design thoughtful buildings capable of inspiring their inhabitants to have pleasurable and happy lives. A visionary Italian architect, academic and theorist, Frascari is best-known for his extraordinary texts, which explore the intellectual, theoretical and practical substance of the architectural discipline. As a student in Venice during the late 1960s, Frascari was taught and mentored by Carlo Scarpa. Later he moved to North America with his family, where he became a fulltime academic. Throughout his academic career, he continued to work on numerous architectural projects, including exhibitions, competition entries, and designs for approximately 35 buildings, a small number of which were built. As a means of (re)constructing the theatre of imaginative theory within which these buildings were created, Sam Ridgway draws on a wide selection of Frascari’s texts, including his richly poetic book Monsters of Architecture, to explore the themes of representation, demonstration, and anthropomorphism. Three of Frascari’s delightful buildings are then brought to light and interpreted, revealing a sophisticated and interwoven relationship between texts and buildings.
Architecture and its Ethical Dilemmas
by Nicholas RayA cast of leading writers and practitioners tackle the ethical questions that architects are increasingly facing in their work, from practical considerations in construction to the wider social context of buildings, their appearance, use and place in the narrative of the environment. This book gives an account of these ethical questions from the perspectives of historical architectural practice, philosophy, and business, and examines the implications of such dilemmas. Taking the current discussion of ethics in architecture on to a new stage, this volume provides an accumulation of diverse opinions, focusing on architects' actions and products that materially affect the lives of people in all urbanized societies.
Architecture for a Free Subjectivity: Deleuze and Guattari at the Horizon of the Real
by Simone BrottArchitecture for a Free Subjectivity reformulates the French philosopher Gilles Deleuze's model of subjectivity for architecture, by surveying the prolific effects of architectural encounter, and the spaces that figure in them. For Deleuze and his Lacanian collaborator Félix Guattari, subjectivity does not refer to a person, but to the potential for and event of matter becoming subject, and the myriad ways for this to take place. By extension, this book theorizes architecture as a self-actuating or creative agency for the liberation of purely "impersonal effects." Imagine a chemical reaction, a riot in the banlieues, indeed a walk through a city. Simone Brott declares that the architectural object does not merely take part in the production of subjectivity, but that it constitutes its own. This book is to date the only attempt to develop Deleuze's philosophy of subjectivity in singularly architectural terms. Through a screening of modern and postmodern, American and European works, this provocative volume draws the reader into a close encounter with architectural interiors, film scenes, and other arrangements, while interrogating the discourses of subjectivity surrounding them, and the evacuation of the subject in the contemporary discussion. The impersonal effects of architecture radically changes the methodology, just as it reimagines architectural subjectivity for the twenty-first century.
The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (Families, Law, and Society #26)
by Solangel MaldonadoExplores the reach of the law into our most personal and private romantic livesThe Architecture of Desire examines how the law influences our most personal and private choices—who we desire and choose as intimate partners—and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals’ prospects for marriage and marriage-like commitments, as well as economic and social mobility.The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning.Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and—depending on skin tone—Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual’s opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law’s influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.
The Architecture of Rights: Models and Theories
by David FrydrychWhat is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.
Architecture’s Disability Problem (Routledge Research in Architecture)
by Wanda Katja LiebermannArchitecture’s Disability Problem explores the intersection of architecture and disability in the United States from the perspective of professional practice. This book uncovers why, despite the profound effect of the Americans with Disabilities Act on the architectural profession, there has been so little interest in design for disability in mainstream architecture. To counter this, the book investigates alternative approaches to designing with disability, through three case studies. These showcase both buildings and how design processes driven by disabled people shape design and professional roles.Combining historical research, formal and discourse analysis, and interviews with people who design, construct, use buildings, and advocate for access, the book develops a social understanding of how the buildings work at functional, affective, and symbolic levels. Architecture’s Disability Problem is aimed at three primary readers: practicing architects, architectural scholars, and members of disability scholar-activist communities. Grounded in detailed design studies, the author hopes to unearth the social meaning-making of architecture related to disability. Ultimately, the book makes an argument for a focus on disability in its own right—as well as on the body—in place of the dominance of formal, object-oriented approaches.This book presents and argues for a fundamental shift in the way architectural education, policy, and practice views and engages with disability. It will be key reading for students, researchers, practitioners and policy-makers.
Architectures of Inequality: Gender Pay Inequity and Britain’s Finance Sector (Feminist Perspectives on Work and Organization)
by Rachel VerdinAvailable open access digitally under CC-BY-NC-ND licence.The gender pay gap is economically irrational and yet stubbornly persistent. Focusing on the UK finance industry which is known for its gender pay disparity, this book explores the initiatives to fix gendered inequities in the workplace. Rachel Verdin crafts a unique framework, weaving extensive organizational data with women's lived experiences. Interviews uncover gaps in pay transparency, obstacles hindering workplace policies and the factors that are stalling progress for the future. This is an invaluable resource that offers key insights into gender equality and EDI measures shaped by legal regulations as well as corporate-driven initiatives.
Architectures of Justice: Legal Theory and the Idea of Institutional Design (Applied Legal Philosophy)
by Henrik Palmer Olsen Stuart ToddingtonLaw can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.
Architekten- und Ingenieurrecht nach Ansprüchen: Entscheidungshilfen für Auftraggeber und Auftragnehmer von Planung, Bauüberwachung, Projektleitung und -steuerung (Bau- und Architektenrecht nach Ansprüchen)
by Michael Christian Bschorr Peter BräuerNach Anspruchsgrundlagen geordnet werden die tatbestandlichen Voraussetzungen aller relevanten Ansprüche von Auftraggebern und Auftragnehmern von Planungs-, Objektüberwachungs-, Projektleistungs- und Projektsteuerungsleistungen dargestellt. Ablaufdiagramme und graphische Erläuterungen bieten dem Leser einen schnellen Überblick und praxisnahe Hilfestellungen. Die vorliegende 2. Auflage berücksichtigt das zum 1. Januar 2018 reformierte Werkvertragsrecht des BGB.
Architektur Intelligenter Verkehrssysteme: Grundlagen, Begriffsbestimmungen, Überblick, Entwicklungsstand (essentials)
by Philip KrügerPhilip Krüger liefert einen Überblick zur Architektur Intelligenter Verkehrssysteme (IVS) und vermittelt wichtige Grundlagen und Entwicklungstrends im Themenfeld. Der Autor beschreibt den Fortschritt in Deutschland zur Erarbeitung einer umfassenden und intermodalen IVS-Architektur und bewertet diesen genauer. Für die koordinierte und harmonisierte Weiterentwicklung von IVS werden Rahmenbedingungen benötigt, wie sie in einer nationalen IVS-Architektur beschrieben sind. Dabei darf eine nationale IVS-Architektur nicht als Hemmnis für Innovationen verstanden werden, sondern vielmehr als Basis jeder systematischen Weiter- und Neuentwicklung von IVS.
The Archival Politics of International Courts (Cambridge Studies in Law and Society)
by Henry Alexander RedwoodThe archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, as this book argues, these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.
Archival Silences: Missing, Lost and, Uncreated Archives
by David Thomas Michael MossArchival Silences demonstrates emphatically that archival absences exist all over the globe. The book questions whether benign ‘silence’ is an appropriate label for the variety of destructions, concealment and absences that can be identified within archival collections. Including contributions from archivists and scholars working around the world, this truly international collection examines archives in Australia, Brazil, Denmark, England, India, Iceland, Jamaica, Malawi, The Philippines, Scotland, Turkey and the United States. Making a clear link between autocratic regimes and the failure to record often horrendous crimes against humanity, the volume demonstrates that the failure of governments to create records, or to allow access to records, appears to be universal. Arguing that this helps to establish a hegemonic narrative that excludes the ‘other’, this book showcases the actions historians and archivists have taken to ensure that gaps in archives are filled. Yet the book also claims that silences in archives are inevitable and argues not only that recordkeeping should be mandated by international courts and bodies, but that we need to develop other ways of reading archives broadly conceived to compensate for absences. Archival Silences addresses fundamental issues of access to the written record around the world. It is directed at those with a concern for social justice, particularly scholars and students of archival studies, history, sociology, international relations, international law, business administration and information science.
Archives, Accountability, and Democracy in the Digital Age (SpringerBriefs in Political Science)
by Keiji FujiyoshiThis book is the first attempt to introduce the current status of archival practices in Japan as well as the basic views of the populace on making records accessible to English readers. In general, Japan has not paid sufficient attention to keeping and utilizing records except in the field of historical research. This book thus examines Japanese attitudes about history, records management, information acts, the status of archivists of the constitution, and genealogical research practices and a description of archives. Consequently, such investigations clarify how both private and public archives function or fail to do so in those spheres of Japanese society. In addition, this book presents the efforts in wartime record keeping in Australia, which is significantly different from how the Japanese deal with such records. This book therefore provides a clear and concrete picture of the status of current archival practices in Japan and the thinking that underlies them. On the basis of such examinations, this book enables readers to understand to what extent and how the past affects the present through archives, to recognize the importance of archives, and to respect the past in order to maintain and develop perspectives in people’s lives.
Archiving Sovereignty: Law, History, Violence (Law, Meaning, And Violence)
by Stewart MothaArchiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time. Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
Archiving the Unspeakable
by Michelle CaswellRoughly 1. 7 million people died in Cambodia from untreated disease, starvation, and execution during the Khmer Rouge reign of less than four years in the late 1970s. The regime’s brutality has come to be symbolized by the multitude of black-and-white mug shots of prisoners taken at the notorious Tuol Sleng prison, where thousands of #147;enemies of the state” were tortured before being sent to the Killing Fields. In Archiving the Unspeakable, Michelle Caswell traces the social life of these photographic records through the lens of archival studies and elucidates how, paradoxically, they have become agents of silence and witnessing, human rights and injustice as they are deployed at various moments in time and space. From their creation as Khmer Rouge administrative records to their transformation beginning in 1979 into museum displays, archival collections, and databases, the mug shots are key components in an ongoing drama of unimaginable human suffering.
Arctic Marine Resource Governance and Development (Springer Polar Sciences)
by Joan Nymand Larsen Niels Vestergaard Brooks A. Kaiser Linda FernandezThis book is based on presentations from the Conference ‘Arctic Marine Resource Governance’ held in Reykjavik Iceland in October 2015. The book is divided into four main themes: 1. Global management and institutions for Arctic marine resources 2. Resource stewards and users: local and indigenous co-management 3. Governance gaps in Arctic marine resource management and 4. Multi-scale, ecosystem-based, Arctic marine resource management’.<P><P> The ecosystem changes underway in the Arctic region are expected to have significant impacts on living resources in both the short and long run, and current actions and policies adopted over such resource governance will have serious and ultimately irreversible consequences in the near and long terms.