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Imperfect Institutions: Possibilities and Limits of Reform
by Thrainn EggertssonThe emergence of New Institutional Economics toward the end of the twentieth century profoundly changed our ideas about the organization of economic systems and their social and political foundations. Imperfect Institutions explores recent developments in this field and pushes the discussion forward by allowing for incomplete knowledge of social systems and unexpected system dynamics and, above all, by focusing explicitly on institutional policy. Empirical studies extending from Africa to Iceland are cited in support of the theoretical argument. In Imperfect Institutions Thráinn Eggertsson extends his attempt to integrate and develop the new field that began with his acclaimed Economic Behavior and Institutions (1990), which has been translated into six languages. This latest work analyzes why institutions that create relative economic backwardness emerge and persist and considers the possibilities and limits of institutional reform.
Imperfect Justice: Prosecuting Casey Anthony
by Jeff Ashton Lisa PulitzerThe definitive inside story of the case that captivated the nation. . . and the verdict that no one saw coming.It was the trial that stunned America. On July 5, 2011, nearly three years after her initial arrest, Casey Anthony walked away, virtually scot-free, from one of the most sensational murder trials of all time. She'd been accused of killing her daughter, Caylee, but the trial only left behind more questions: Was she actually innocent? What really happened to Caylee? Was this what justice really looked like?In Imperfect Justice, prosecutor Jeff Ashton, one of the principal players in the case's drama, sheds light on those questions and much more, telling the behind-the-scenes story of the investigation, the trial, and the now-infamous verdict. Complete with never-before-revealed information about the case and the accused, Ashton examines what the prosecution got right, what they got wrong, and why he remains completely convinced of Casey Anthony's guilt.
Imperfect Justice
by Cara C. Putman“This is the way legal thrillers are meant to be—compelling, intelligent, and deeply satisfying.” —Randy Singer, author of Rule of LawTHE POLICE SAY THE WOMAN WAS A MURDERER. EMILIE WESLEY KNOWS THEY CAN’T BE TALKING ABOUT HER CLIENT . . . CAN THEY?To the world it seems obvious: Kaylene Adams killed her daughter and then was shot by police. Attorney Emilie Wesley knows a different story: Kaylene would never hurt anyone and was looking for a way out of a controlling, abusive relationship. Her death shakes Emilie’s belief that she can make a difference for women in violent marriages. Self-doubt plagues her as she struggles to continue her work in the wake of the tragedy.Reid Billings thought he knew his sister—right up until he learned how she died. He discovers a letter from Kaylene begging him to fight for custody of her daughters if anything should happen to her. No attorney in her right mind would support an uncle instead of the father in a custody case, but Kaylene’s letter claims Emilie Wesley will help him.Thrown together in a race to save Kaylene’s surviving daughter, Emily and Reid pursue the constantly evasive truth. If they can hang on to hope together, can they save a young girl—and find a future for themselves in the process?
Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (Gender and Justice #8)
by Leigh GoodmarkA profound, compelling argument for abolition feminism—to protect criminalized survivors of gender-based violence, we must dismantle the carceral system. Since the 1970s, anti-violence advocates have worked to make the legal system more responsive to gender-based violence. But greater state intervention in cases of intimate partner violence, rape, sexual assault, and trafficking has led to the arrest, prosecution, conviction, and incarceration of victims, particularly women of color and trans and gender-nonconforming people. Imperfect Victims argues that only dismantling the system will bring that punishment to an end. Amplifying the voices of survivors, including her own clients, abolitionist law professor Leigh Goodmark deftly guides readers on a step-by-step journey through the criminalization of survival. Abolition feminism reveals the possibility of a just world beyond the carceral state, which is fundamentally unable to respond to, let alone remedy, harm. As Imperfect Victims shows, abolition feminism is the only politics and practice that can undo the indescribable damage inflicted on survivors by the very system purporting to protect them.
Imperial Canada Inc.
by Alain Deneault William SacherAsks (and answers) the simple question: why is Canada home to more than 70% of the world's mining companies?
Imperial from the Beginning
by Saikrishna Bangalore PrakashEminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.
Imperial Nature: The World Bank and Struggles for Social Justice in the Age of Globalization
by Michael GoldmanWhy is the World Bank so successful? How has it gained power even at moments in history when it seemed likely to fall? This pathbreaking book is the first close examination of the inner workings of the Bank, the foundations of its achievements, its propensity for intensifying the problems it intends to cure, and its remarkable ability to tame criticism and extend its own reach. Michael Goldman takes us inside World Bank headquarters in Washington, D. C. , and then to Bank project sites around the globe. He explains how projects funded by the Bank really work and why community activists struggle against the World Bank and its brand of development. Goldman looks at recent ventures in areas such as the environment, human rights, and good governance and reveals how-despite its poor track record-the World Bank has acquired greater authority and global power than ever before. The book sheds new light on the World Bank's role in increasing global inequalities and considers why it has become the central target for anti-globalization movements worldwide. For anyone concerned about globalization and social justice,Imperial Nature is essential reading.
The Imperial Republic: A Structural History of American Constitutionalism from the Colonial Era to the Beginning of the Twentieth Century (Law, Justice And Power Ser.)
by James G. WilsonThis title was first published in 2002. The Imperial Republic addresses the enduring relationship that the American constitution has with the concept of empire . Early activists frequently used the word to describe the nation they wished to create through revolution and later reform. The book examines what the Framers of the Constitution meant when they used the term empire and what such self-conscious empire building tells Americans about the underlying goals of their constitutional system. Utilizing the author’s extensive research from colonial times to the turn of the twentieth century, the book concludes that imperial ambition has profoundly influenced American constitutional law, theory and politics. It uses several analytical techniques to ascertain the multiple meanings of such fundamental words as empire and republic and demonstrates that such concepts have at least four levels of meaning. Relying on numerous examples, it further concludes that American leaders frequently (even proudly) used the word with some of its most domineering implications.
Imperialism, Sovereignty and the Making of International Law
by Antony AnghieThis book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.
Impersonations
by Sheryl HamiltonPersonhood is considered at once a sign of legal-political status and of socio-cultural agency, synonymous with the rational individual, subject, or citizen. Yet, in an era of life-extending technologies, genetic engineering, corporate social responsibility, and smart technology, the definition of the person is neither benign nor uncontested. Boundaries that previously worked to secure our place in the social order are blurring as never before. What does it mean, then, to be a person in the twenty-first century?In Impersonations, Sheryl N. Hamilton uses five different kinds of persons - corporations, women, clones, computers, and celebrities - to discuss the instability of the concept of personhood and to examine some of the ways in which broader social anxieties are expressed in these case studies. She suggests that our investment in personhood is greater now than it has been for years, and that our ongoing struggle to define the term is evident in law and popular culture. Using a cultural studies of law approach, the author examines important issues such as whether the person is a gender-neutral concept based on individual rights, the relationship between personhood and the body, and whether persons can be property.Impersonations is a highly original study that brings together legal, philosophical, and cultural expressions of personhood to enliven current debates about our place in the world.
The Implementation and Enforcement of European Union Law in Small Member States: A Case Study of Malta
by Ivan Sammut Jelena AgranovskaThe objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.
The Implementation Game: What Happens After a Bill Becomes a Law (MIT Studies in American Politics and Public Policy)
by Eugene BardachImplementation Game: What Happens After a Bill Becomes a Law by Eugene Bardach
Implementation of Digital Law as a Legal Tool in the Current Digital Era
by Jamil AfzalThis book provides a deep dive into the important issue of digital law. Researchers, students, and policymakers interested in digital law will find this book invaluable for its exploration of the nuances of a modern scenario of law. In the first part of the book, the author explains the basics of digital law and why they are so important in today's world. Next, it delves into the promise of cutting-edge digital law. This book is an important resource for anybody, from seasoned professionals who want to keep up with the latest in digital laws to students. To aid you in understanding digital laws and making important contributions to the future of digital laws, it provides a variety of insights, case studies, and practical recommendations. This book takes a multidisciplinary approach, making it useful for a broad audience, including researchers, politicians, and students, all of whom have a stake in the direction in which our digital law are headed.
Implementation of EU Readmission Agreements
by Sergio CarreraBy examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual s legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy. "
Implementation of Rights for Crime Victims in Theory and Practice: Lessons from India (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Anupama SharmaThere are many different ways in which victims’ rights can be implemented. The implementation pattern may vary depending on the type of rights a jurisdiction offers and the purposes it seeks to achieve via these rights. However, there are a few basic aspects that remain common to the variation in the implementation patterns across jurisdictions. This book provides a theoretical and practical overview of such implementation patterns, their features and underlying differences. It presents theoretical models capturing the different types of implementations of victims’ rights and the purposes that they can achieve. The book also offers a framework comprising the essential aspects involved in implementation of rights such as drafting and presentation, their visibility and accessibility to victims, enforcement of rights in case of breach, and assessment and evaluation of rights to ensure constant monitoring and improvement in implementation. The framework is tested by a sample case study in New Delhi, India, which showcases how the framework can be molded and applied to assess the existing implementation of victims’ rights and the scope for reform. The book will be of interest to those working in the areas of criminal justice, criminal procedure, victimology and human rights.
Implementation of the Data Protection Directive in Relation to Medical Research in Europe
by D. Townend S. Rouille-Mirza J. Wright D. BeyleveldThe Data Protection and Medical Research in Europe: PRIVIREAL series focuses on the 'Privacy in Research Ethics and Law' EC-funded project examining the implementation of Directive 95/46/EC on data protection in relation to medical research and the role of ethics committees in European countries. The series consists of five separate volumes following the complete development of the PRIVIREAL project. This volume relates to the first stage of this project concerning the implementation of the Data Protection Directive, in particular in the area of medical research. It contains reports from 26 European countries on the implementation of the Directive, or the data protection regime, all with a specific focus on issues and questions relating to medical research. Presenting a unique resource for all those involved in data protection, medical research and their implications for each other, this title provides a valuable insight into the actual workings across Europe, including both the New Member States and the Newly Associated Member States.
The Implementation of the EU Services Directive
by Ulrich Stelkens Wolfgang Weiß Michael MirschbergerThe Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts, as well as to the general public. This book analyses in detail the different steps taken by each of the 27 EU Member States in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that were originally nationally dominated, such as the law of national administration. Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
The Implementation of the Paris Agreement on Climate Change (Law, Ethics and Governance)
by Vesselin PopovskiIn December 2015, 196 parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, seen as a decisive landmark for global action to stop human- induced climate change. The Paris Agreement will replace the 1997 Kyoto Protocol which expires in 2020, and it creates legally binding obligations on the parties, based on their own bottom-up voluntary commitments to implement Nationally Determined Contributions (NDCs). The codification of the climate change regime has advanced well, but the implementation of it remains uncertain. This book focuses on the implementation prospects of the Agreement, which is a challenge for all and will require a fully comprehensive burden- sharing framework. Parties need to meet their own NDCs, but also to finance and transfer technology to others who do not have enough. How equity- based and facilitative the process will be, is of crucial importance. The volume examines a broad range of issues including the lessons that can be learnt from the implementation of previous environmental legal regimes, climate policies at national and sub-national levels and whether the implementation mechanisms in the Paris Agreement are likely to be sufficient. Written by leading experts and practitioners, the book diagnoses the gaps and lays the ground for future exploration of implementation options. This collection will be of interest to policy-makers, academics, practitioners, students and researchers focusing on climate change governance.
Implementation of the Small-Scale Fisheries Guidelines: A Legal and Policy Scan (MARE Publication Series #28)
by Julia Nakamura Ratana Chuenpagdee Svein JentoftThis book provides a transdisciplinary assessment of multiple countries’ legal and policy frameworks vis-à-vis the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication, adopted in 2014 by the Committee on Fisheries of the Food and Agriculture Organization of the United Nations. Based on an appraisal framework used to facilitate the unpacking of those frameworks, this book collects country experiences and regional perspectives on a range of cross-cutting issues underpinning the protection of the rights and the promotion of justice for small-scale fishers and their communities.This book aims to be the first collection to present a systematic and in-depth assessment of existing national legal and policy frameworks vis-à-vis the SSF Guidelines. This assessment is done through the transdisciplinary and collaborative work of researchers, governments, and civil society organizations for the analysis of the cross-thematic questions, which the contributors of this book aim to address. Firstly, what are the relevant laws and policies that matter for securing rights of small-scale fishers and their communities? How are small-scale fisheries defined by national laws and policies? How are small-scale fisheries treated (i.e., specifically or generally) in these instruments? Are there specific provisions and references to small-scale fisheries or any of its associated terminologies (e.g., artisanal, subsistence, traditional, indigenous)? Secondly, how the relevant instruments address the 8 small-scale fisheries key issues outlined in that rapid appraisal study? What are the strengths and gaps in these instruments? Do they address issues that are not covered by the SSF Guidelines? Do they contribute to clarifying other legal issues that are relevant for sustainable small-scale fisheries? Finally, since the book also aims to explore the accessibility of these legal and policy instruments for those to which they matter the most (the small-scale fishers), the following questions were also considered: What challenges do they face in knowing and understanding the relevant laws and policies in place? Which tools, measures and processes are available in the countries to ensure small-scale fishers can claim for their rights? To what extent judicial courts have recognized and/or granted rights to small-scale fishers?Chapters 11 and 20 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Implementation of the United Nations Convention on the Law of the Sea: State Practice of China and Japan (Kobe University Monograph Series in Social Science Research)
by Dai Tamada Keyuan ZouThis book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
Implementing a Gender-Based Arts Program for Juvenile Offenders
by Jill Leslie Rosenbaum Shelley SpivackStudies have shown that arts-based programming in juvenile detention settings can be an effective tool in rehabilitating and reintegrating youth who have come into contact with the juvenile justice system. Implementing a Gender-Based Arts Program for Juvenile Offenders focuses on a 2012-2013 program in Flint, Michigan and demonstrates that visual arts and poetry can be used effectively with young people in detention centers to improve self-image, increase confidence, and improve writing skills. Describing the program in detail, including the subjects addressed, the unforeseen pitfalls, and how individual lessons evolved over time, Implementing a Gender-Based Arts Program for Juvenile Offenders combines practical advice with a discussion of current literature on the use of integrating arts in juvenile correctional settings, as well as the literature identifying the need for gender-based programs, to provide guidance to juvenile justice and corrections professionals in their efforts to rehabilitate young people. About the Real-World Criminology Series More than just textbooks, the short books in the Real-World Criminology series are designed to be of interest to particular fields within criminology. They can be policy primers, spurring innovations in policing and corrections, theoretical works dealing with policy implications, or program evaluations incorporating theoretical foundations. Each book covers something that is happening –or should be happening—in the world of criminal justice.
Implementing and Working with the Youth Criminal Justice Act across Canada
by Marc Alain Susan Reid Raymond R. CorradoSince its implementation in 2003, the Youth Criminal Justice Act has been the subject of intense political and scholarly debate. A complicated mixture of provisions intended to provide harsher punishments for serious violent crimes while encouraging positive, non-punitive interventions in less serious cases, its impact on the youth justice system remains controversial.Implementing and Working with the Youth Criminal Justice Act across Canada provides the first comprehensive, province-by-province analysis of how each Canadian jurisdiction has implemented the Act in accordance with its own history, traditions, and institutional arrangements. Drawing on in-depth interviews with probation officers, counselors, educators, and social workers, the contributors use the experiences of practitioners to offer a new analytical perspective on a complicated and contentious aspect of the Canadian justice system. Their conclusions provide vital policy and program information for researchers, practitioners, and policy makers concerned with Canada's youth justice systems.
Implementing Article 3 of the United Nations Convention on the Rights of the Child
by Sutherland Elaine E. Macfarlane Lesley-Anne BarnesThe UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children, and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socio-economic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
Implementing Business and Human Rights Norms in Africa: Law And Policy Interventions (Routledge Research in Corporate Law)
by Oyeniyi AbeThis book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a ‘beyond do no harm’ approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses
Implementing Codes of Conduct: How Businesses Manage Social Performance in Global Supply Chains
by Ivanka MamicAt the start of the 21st century manufacturing is in the midst of a major transformation, with goods moving from factories in São Paulo, Ho Chi Minh and Guanzhou to the shelves of stores in New York, Hamburg and Sydney. As production of goods has become increasingly global, with an impact on workers and societies around the world, the ILO has sought to answer the challenging question: how best to implement voluntary corporate initiatives in value chains that stretch around the globe from a constantly changing supply base of factories both large and small? In order to address growing pressures from stakeholders, a number of global companies have adopted codes of conduct with the aim of influencing the practices of their suppliers in less-developed countries and providing a baseline of expected standards. Typically, codes of conduct draw on international labour standards, setting guidelines on a range of issues, including child labour, forced labour, wages and benefits, working hours, disciplinary practices, the right to freedom of association, health and safety, and environmental practices. Notwithstanding the array of initiatives that has emerged, anecdotal evidence suggests that, in many cases, managers both at the company and supplier level have struggled and continue to struggle with the issue of how to implement their codes of conduct. Based on interviews with hundreds of managers, activists, government officials, factory workers and workers' representatives, Implementing Codes of Conduct represents the most extensive research conducted to date into the emerging nature of corporate social responsibility and global supply chains. Its objective is to provide useful examples and lessons learned to companies, policy-makers and others interested in implementing their own code of conduct or who are actively involved in this field. This book has broad implications for firms that are serious about seeing the social and environmental objectives expressed in their corporate codes become a reality at the supplier level – implications that stretch from the boardroom to the factory floor. The book presents a model that maps a route from the creation of a vision to its implementation at the operational level. Based on research conducted in the sports footwear, apparel and retail sectors, this book provides a detailed account of the approaches currently used by leading brands and retailers and practical suggestions for other companies to follow in addressing social pressures. Given an increasingly clear link between corporate social responsibility and profits, this book serves as an invaluable tool in assisting those interested in balancing the complex demands of society and competitive concerns.