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Improving Governance and Fighting Corruption in the Baltic and CIS Countries: The Role of the IMF
by Thomas Wolf Emine GurgenA report from the International Monetary Fund.
Improving International Investment Agreements (Routledge Research in International Economic Law)
by Armand De Mestral Céline LévesqueThis book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Improving The Presumptive Disability Decision-making Process For Veterans
by Institute of Medicine of the National AcademiesProduced by a committee of the Institute of Medicine, this report describes the current decision-making process for the provision of appropriate health care and disability compensation for veterans with health conditions that develop after military service which, in the absence of scientific evidence to create a complete link, are presumed to be connected to their military service. The report contains a brief history of presumptive disability decisions, description of the decision-making process, legislative background on presumptions, and evaluations of selected case studies of specific exposures and illnesses, and proposes a revised framework for building stronger scientific evidence into the process for making presumptive decisions in the future. The 13 appendices contain information organized by the Committee and Institute of Medicine to assist readers in understanding the background and issues; three of the appendices are in the book and ten are on an accompanying CD-ROM. No subject index. Annotation ©2009 Book News, Inc. , Portland, OR (booknews. com)
Improving Productivity In Health Care (Routledge Revivals)
by Jack H.U. Brown Jacqueline ComolaFirst Published in 1988, this book offers a full, comprehensive guide to improving and streamlining productivity in health care. Carefully compiled and filled with a vast repertoire of notes, diagrams, and references this book serves as a useful reference for students of medicine, student nurses, and other practitioners in their respective fields.
Improving Technology Through Ethics (SpringerBriefs in Applied Sciences and Technology)
by Simona Chiodo David Kaiser Julie Shah Paolo VolontéThis book deals with the ethics of technology and addresses specific ethical problems related to some emerging technologies, mainly in the field of computer science (from machine learning models to extracting value from data to human–robot interaction). The contributions are authored mainly by scholars in ICT and other engineering fields who reflect on ethical and societal issues emerging from their own research activity. Thus, rather uniquely, the work overcomes the traditional divide between pure ethical theory that disregards what practitioners do and mere R&D practice that ignores what theorists conceptualize. Conversely, the reader is enabled to understand what ethics means when it is actually put into work by engineering researchers. The book arises from a joint program between MIT and Politecnico di Milano aimed at training early career researchers in addressing the ethical issues of technology and critically reflecting on the social impacts of the emerging, and even disruptive, technologies they are currently developing through their novel research. Overall, it aims at spreading the task of developing technologies that, from the beginning, are designed to be responsible for human life, society, and nature.
Improving the Tax System amid the Rule-of-Law China
by Qiao Wang Weiqun XiThis book discusses China’s tax system, presenting a comprehensive and systematic research based on a multidisciplinary approach involving economics, finance, political science, sociology, law, public administration, history, and econometrics.With China moving toward the rule of law, this book proposes reforms to the tax laws and the stratified governance with a view to achieving tax neutrality, law-based taxation, tax equality and tax burden stability. It focuses on clarifying the implications, extension, nature, and features of a law-based tax system as well as the logical relationships between the optimization of the tax system structure, modern governance, law-based tax administration, as well as the tax-sharing system of tax collection and the rule of tax law. It suggests that optimizing the tax structure, reforming the tax-sharing system, improving local taxes, and restructuring the tax collection and management system will push China's tax system toward sound design and rule of law.This book is intended for scholars specializing in China’s tax system and general readers interested in China’s economy.
In a Box: Gender-Responsive Reform, Mass Community Supervision, and Neoliberal Policies
by Merry MorashIn a Box draws on the experiences of more than one hundred Michigan women on probation or parole to analyze how court, state, and federal policies hamper the state’s efforts at gender-responsive reforms in community supervision. Closely narrating the stories of six of these women, Merry Morash shows how countervailing influences keep reform-oriented probation and parole agents and the women they supervise "in a box." Supervisory approaches that attempt to move away from punitive frameworks are limited or blocked by neoliberal social policies. Inspired by the interviewees’ reflections on their own experiences, the book offers recommendations for truly effective reforms within and outside the justice system.
In a Rebellious Spirit: The Argument of Facts, the Liberty Riot, and the Coming of the American Revolution
by John P. ReidA fresh view of the legal arguments leading to the American Revolution, this book argues that rebellious acts called "lawless" mob action by British authorities were sanctioned by "whig law" in the eyes of the colonists. Professor Reid also holds that leading historians have been misled by taking both sides' forensic statements at face value.The focus is on three events. First was the Malcom Affair (1766), when a Boston merchant and his friends faced down a sheriff's party seeking smuggled goods, arguing that the search warrant was invalid. Second was a parade in Boston to celebrate the second anniversary (1768) of the repeal of the Stamp Act—an occasion when some revenue officials were hanged in effigy. Third was the Liberty "riot" (1768), when customs officers boarded John Hancock's ship and were carried off by a crowd including the aforementioned Malcom.Legal inquires into the three events were marked by hyperbole on both sides. Whigs depicted Crown officials as lawless trespassers serving a foreign tyrant. Tories painted the Sons of Liberty as lawless mobs of almost savage ferocity. Both sides, as the author shows, had extralegal motives: whigs to enlist supporters in the other colonies for the cause of independence; tories to bring British troops and warships to Massachusetts in support of the status quo. Both succeeded in their polemical aims, and both have gulled most historians.
In America's Court: How a Civil Lawyer Who Likes to Settle Stumbled into a Criminal Trial
by Thomas GeogheganA lawyer used to the civil courts finds himself in a criminal court where things are very different.
In and Out: Rights of Migrants in the European Space (UNIPA Springer Series)
by Francesco Lo Piccolo Annalisa Mangiaracina Giuseppe Paternostro Vincenzo TodaroThis book examines contemporary migratory movements, starting from the European zone, but with an extension to other territorial contexts as well, with research orientation that focuses on the account of the migratory experiences collected in the research activity of the different authors, according to a multidisciplinary dimension. Starting from these key topics, the authors articulated and further developed its reflections through its own experiences at the national and international level, taking root within the current scientific debate on migration. The interdisciplinary approach and the different and innovative ways of analysing in depth the thematic contents of the migration phenomenon have made it possible to identify some key research questions. The relative answers find space in the articulated and complex system of contributions that is developed within this book and in particular in the three thematic parts into which it is divided. The first one deals with the theme of migration confronted with issues related to the 'right to the city' and the 'right to housing'; the second one deals with issues related to human rights; finally, the third one focuses on the different narratives of migrants' life experiences and aspects related to the linguistic representation of the urban space.
In Black and White: A Young Barrister's Story of Race and Class in a Broken Justice System
by Alexandra Wilson**NOW WITH NEW AFTERWORD AND READING GROUP QUESTIONS**'An absolute triumph; a compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER Alexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAH(P)Octopus Publishing Group 2020
In Black and White: A Young Barrister's Story of Race and Class in a Broken Justice System
by Alexandra Wilson'An absolute triumph; a compelling and courageous memoir forcing the legal profession to confront uncomfortable truths about race and class. Alexandra Wilson is a bold and vital voice. This is a book that urgently needs to be read by everyone inside, and outside, the justice system.' THE SECRET BARRISTER 'A riveting book in the best tradition of courtroom dramas but from the fresh perspective of a young female mixed-race barrister. That Alexandra is "often" mistaken for the defendant shows how important her presence at the bar really is.' MATT RUDD, THE SUNDAY TIMES MAGAZINE'This is the story of a young woman who overcame all the obstacles a very old profession could throw at her, and she survived, with her integrity intact.' BENJAMIN ZEPHANIAHAlexandra Wilson was a teenager when her dear family friend Ayo was stabbed on his way home from football. Ayo's death changed Alexandra. She felt compelled to enter the legal profession in search of answers. As a junior criminal and family law barrister, Alexandra finds herself navigating a world and a set of rules designed by a privileged few. A world in which fellow barristers sigh with relief when a racist judge retires: 'I've got a black kid today and he would have had no hope'. In her debut book, In Black and White, Alexandra re-creates the tense courtroom scenes, the heart-breaking meetings with teenage clients, and the moments of frustration and triumph that make up a young barrister's life. Alexandra shows us how it feels to defend someone who hates the colour of your skin, or someone you suspect is guilty. We see what it is like for children coerced into county line drug deals and the damage that can be caused when we criminalise teenagers. Alexandra's account of what she has witnessed as a young mixed-race barrister is in equal parts shocking, compelling, confounding and powerful. 'An inspirational, clear-eyed account of life as a junior barrister is made all the more exceptional by the determination, passion, humanity and drive of the author. Anyone interested in seeing how the law really works should read it.' SARAH LANGFORD'The personal narrative of a young female lawyer of mixed heritage who is defying the soft bigotry of low expectations by sharing her journey inspires us all to do the same in our own way, and this is a powerful message which needs to be shared.' DR TUNDE OKEWALE MBE, FOUNDER OF URBAN LAWYERS'A refreshingly honest account of the challenges faced by a young female barrister of mixed heritage' JUDY KHAN QC, JOINT HEAD OF GARDEN COURT CHAMBERS
In Chambers: Stories of Supreme Court Law Clerks and Their Justices (Constitutionalism and Democracy)
by Todd C. Peppers and Artemus WardWritten by former law clerks, legal scholars, biographers, historians, and political scientists, the essays in In Chambers tell the fascinating story of clerking at the Supreme Court. In addition to reflecting the personal experiences of the law clerks with their justices, the essays reveal how clerks are chosen, what tasks are assigned to them, and how the institution of clerking has evolved over time, from the first clerks in the late 1800s to the clerks of Justice Ruth Bader Ginsburg and Chief Justice William Rehnquist.In Chambers offers a variety of perspectives on the unique experience of Supreme Court clerks. Former law clerks—including Alan M. Dershowitz, Charles A. Reich, and J. Harvie Wilkinson III—write about their own clerkships, painting vivid and detailed pictures of their relationships with the justices, while other authors write about the various clerkships for a single justice, putting a justice's practice into a broader context. The book also includes essays about the first African American and first woman to hold clerkships. Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
In Contempt
by Christopher Darden Jesse WalterIn 1994, everyone knew who Christopher Darden was. Everyone knew he was one of the prosecuting attorneys in the famous, or infamous OJ Simpson trial. Now hear about Darden in Darden's own words. How did he feel during the trial? How does he feel now?
In Crime's Archive: The Cultural Afterlife of Evidence
by Katherine BiberThis book investigates what happens to criminal evidence after the conclusion of legal proceedings. During the criminal trial, evidentiary material is tightly regulated; it is formally regarded as part of the court record, and subject to the rules of evidence and criminal procedure. However, these rules and procedures cannot govern or control this material after proceedings have ended. In its ‘afterlife’, criminal evidence continues to proliferate in cultural contexts. It might be photographic or video evidence, private diaries and correspondence, weapons, physical objects or forensic data, and it arouses the interest of journalists, scholars, curators, writers or artists. Building on a growing cultural interest in criminal archival materials, this book shows how in its afterlife, criminal evidence gives rise to new uses and interpretations, new concepts and questions, many of which are creative and transformative of crime and evidence, and some of which are transgressive, dangerous or insensitive. It takes the judicial principle of open justice – the assumption that justice must be seen to be done – and investigates instances in which we might see too much, too little or from a distorted angle. It centres upon a series of case studies, including those of Lindy Chamberlain and, more recently, Oscar Pistorius, in which criminal evidence has re-appeared outside of the criminal process. Traversing museums, libraries, galleries and other repositories, and drawing on extensive interviews with cultural practitioners and legal professionals, this book probes the legal, ethical, affective and aesthetic implications of the cultural afterlife of evidence.
In Defence of Open Society: The Legendary Philanthropist Tackles the Dangers We Must Face for the Survival of Civilisation
by George SorosGeorge Soros is among the world's most prominent public figures. He is one of the history's most successful investors and his philanthropy, led by the Open Society Foundations, has donated over $14 billion to promote democracy and human rights in more than 120 countries. But in recent years, Soros has become the focus of sustained right-wing attacks in the United States and around the world based on his commitment to open society, progressive politics and his Jewish background. In this brilliant and spirited book, Soros offers a compendium of his philosophy, a clarion call-to-arms for the ideals of an open society: freedom, democracy, rule of law, human rights, social justice, and social responsibility as a universal idea. In this age of nationalism, populism, anti-Semitism, and the spread of authoritarian governments, Soros's mission to support open societies is as urgent as it is important.
In Defence of War
by Nigel BiggarPacifism is popular. Many hold that war is unnecessary, since peaceful means of resolving conflict are always available, if only we had the will to look for them. Or they believe that war is wicked, essentially involving hatred of the enemy and carelessness of human life. Or they posit the absolute right of innocent individuals not to be deliberately killed, making it impossible to justify war in practice. Peace, however, is not simple. Peace for some can leave others at peace to perpetrate mass atrocity. What was peace for the West in 1994 was not peace for the Tutsis of Rwanda. Therefore, against the virus of wishful thinking, anti-military caricature, and the domination of moral deliberation by rights-talk In Defence of War asserts that belligerency can be morally justified, even though tragic and morally flawed. Recovering the Christian tradition of reflection running from Augustine to Grotius, this book affirms aggressive war in punishment of grave injustice. Morally realistic in adhering to universal moral principles, it recognises that morality can trump legality, justifying military intervention even in transgression of positive international law-as in the case of Kosovo. Less cynical and more empirically realistic about human nature than Hobbes, it holds that nations desire to be morally virtuous and right, and not only to be safe and fat. And aspiring to practical realism, it argues that love and the doctrine of double effect can survive combat; and that the constraints of proportionality, while real, are nevertheless sufficiently permissive to encompass Britain's belligerency in 1914-18. Finally, in a painstaking analysis of the Iraq invasion of 2003, In Defence of War culminates in an account of how the various criteria of just war should be thought together. It also concludes that, all things considered, the invasion was justified.
In Defense of a Political Court
by Terri Jennings PerettiCan the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
In Defense of Animals
by Peter SingerBringing together new essays by philosophers and activists, In Defense of Animals: The Second Wave highlights the new challenges facing the animal rights movement. Exciting new collection edited by controversial philosopher Peter Singer, who made animal rights into an international concern when he first published In Defence of Animals and Animal Liberation over thirty years ago Essays explore new ways of measuring animal suffering, reassess the question of personhood, and draw highlight tales of effective advocacy Lays out "Ten Tips for Activists", taking the reader beyond ethical theory and into the day-to-day campaigns for animal rights
In Defense of Faith
by David BrogReligious faith is under assault. In books and movies and on television, militant secular critics attack religion with a renewed vigor. These "new atheists" repeat a two-part mantra: that religious faith is hopelessly irrational and that those possessed of such faith are responsible for the hatred and bloodshed that has plagued humanity. Abandon religion, they urge us, and the world will at last live in peace.In Defense of Faith examines this proposition in the context of Western civilization and the Judeo-Christian tradition and asserts that, far from encouraging hatred and violence, the Judeo-Christian tradition has easily been the most effective curb upon the dark defects of human nature and our best tool in the struggle for humanity.From the Christian activists who fought to stop the genocide of Indians in South America and their ethnic cleansing in North America, to the abolition of African slavery on both sides of the Atlantic, and on to modern human rights activists from Martin Luther King Jr. to the rock star Bono-In Defense of Faith rebuts the fashionable arguments against religion and presents the strong and lasting record of the Judeo-Christian idea. History has not been as kind to the atheist model: every time it is put to the test, we have reverted to the most base, violent instincts of our selfish genes.
In Defense of Honor: Sexual Morality, Modernity, and Nation in Early-Twentieth-Century Brazil
by Sueann CaulfieldIn this book Sueann Caulfield explores the changing meanings of honor in early-twentieth-century Brazil, a period that saw an extraordinary proliferation of public debates that linked morality, modernity, honor, and national progress. With a close examination of legal theory on sexual offenses and case law in Rio de Janeiro from the end of World War I to the early years of the Estado Novo dictatorship, Caulfield reveals how everyday interpretations of honor influenced official attitudes and even the law itself as Brazil attempted to modernize. While some Brazilian elites used the issue of sexual purity to boast of their country's moral superiority, others claimed that the veneration of such concepts as virginity actually frustrated efforts at modernization. Moreover, although individuals of all social classes invoked values they considered "traditional," such as the confinement of women's sexuality within marriage, these values were at odds with social practices--such as premarital sex, cohabitation, divorce, and female-headed households--that had been common throughout Brazil's history. The persistence of these practices, together with post-World War I changes in both official and popular moral ideals, presented formidable obstacles to the Estado Novo's renewed drive to define and enforce public morality and private family values in the late 1930s. With sophisticated theoretical underpinnings, In Defense of Honor is written in a clear and lively manner, making it accessible to students and scholars in a variety of disciplines, including Brazilian and Latin American studies, gender studies, and legal history.
In Defense of Juveniles Sentenced to Life: Legal Representation and Juvenile Criminal Justice (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Stuti S. KokkaleraThis book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: “juvenile lifers”. It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison. The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.
In Defense of Moral Luck: Why Luck Often Affects Praiseworthiness and Blameworthiness (Routledge Studies in Ethics and Moral Theory)
by Robert J. HartmanThe problem of moral luck is that there is a contradiction in our common sense ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. For example, two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. We blame the killer driver more than the merely reckless driver, because we believe that the killer driver is more blameworthy. Nevertheless, this idea contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. Thus, our ordinary thinking about moral responsibility implies that the drivers are and are not equally blameworthy. In Defense of Moral Luck aims to make progress in resolving this contradiction. Hartman defends the claim that certain kinds of luck in results, circumstance, and character can partially determine the degree of a person’s blameworthiness. He also explains why there is a puzzle in our thinking about moral responsibility in the first place if luck often affects a person’s praiseworthiness and blameworthiness. Furthermore, the book’s methodology provides a unique way to advance the moral luck debate with arguments from diverse areas in philosophy that do not bottom out in standard pro-moral luck intuitions.
In Defense of Plural Marriage
by Ronald C. Den OtterWith over half of Americans now in favor of marriage equality, it is clear that societal norms of marriage are being quickly redefined. The growing belief that the state may not discriminate against gays and lesbians calls into question whether the state may limit other types of marital unions, including plural marriage. While much has been written about same-sex marriage, as of yet there has been no book-length legal treatment of unions among three or more individuals. The first major study on plural marriage and the law, In Defense of Plural Marriage begins to fill this lacuna in the scholarly literature. Ronald C. Den Otter shows how the constitutional arguments that support the option of plural marriage are stronger than those against. Ultimately, he proposes a new semi-contractual marital model that would provide legal recognition for a wide range of intimate relationships.
In Defense of Politicians: The Expectations Trap and Its Threat to Democracy (Controversies in Electoral Democracy and Representation)
by Stephen K. MedvicPoliticians are reviled. From jokes on late-night TV talk shows to radio show rants and from public opinion polls to ubiquitous conventional wisdom--politicians are among the most despised professional class in modern society. Drawing on seminal work in political science, Stephen K. Medvic convincingly argues to the masses that this blanket condemnation of politicians is both unfair and unwarranted. While some individual politicians certainly deserve scorn for misjudgments, moral failings, or even criminal acts, the assumption that all of them should be cast in a similar light is unjustified. More importantly, that deeply cynical assumption is dangerous to the legitimacy of a democratic system of government. Politicians, as a class, deserve respect, not out of blind obedience to authority but because democratic deliberation requires it. Medvic explains how cognitive biases in the way people reason often lead us to draw unjustified conclusions of politicians in general based on the malfeasance of some. Scandals involving politicians are likely to be remembered and to serve as "evidence" of the belief that "they all do it. " Most politicians, in fact, care deeply about their cities, states, and nation. But they face a trap of unrealistic and contradictory expectations from the public about how politicians should behave. Medvic, in turn, demonstrates the necessity of ambition, the utility of politics for resolving conflicts peacefully, and the value of ideology in framing political choices. In the end, citizens must learn to tolerate the inherent messiness of politics as the only viable alternative to violent conflict. In the process, we must embrace our role in the political system as well.