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Legal Resolution of Nuclear Non-proliferation Disputes
by James D. FryHow viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
Legal Resource for School Health Services
by Cheryl A. Resha Vicki L. TaliaferroA reference regarding legal issues impacting school health. The second edition of Legal Resource for School Health Services provides new chapters, completely updated and more comprehensive information on 60 topics that school health services programs and school nurses encounter, addresses legal implications, and presents legal resources and references that can be applied to practice and policy development.
Legal Responses to Domestic Violence
by Mandy BurtonThis book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.
Legal Responses to Football Hooliganism in Europe
by Anastassia Tsoukala Geoff Pearson Peter T. M. CoenenThis book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or "hooliganism". It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of "football hooliganism" in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester's Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands.
Legal Responses to Mass Migration: From the Nineteenth Century to World War II (Routledge-Giappichelli Studies in Law)
by Michele Pifferi Luigi Nuzzo Giuseppe Speciale Cristina VanoThis volume explores the legal history of migration and the role played by legal theories, case law, practices, customary laws, and legislations in shaping and governing mobility between the 19th century and the Second World War. Based on different methodological approaches and sources, including archival documents, special courts’ decisions, diplomatic materials, legal journals and books, and international treaties, the chapters focus on countries of departure and destination both in Western and Eastern regions. Confronted with mass migration, Western legal science has been forced to rethink concepts and institutions such as borders, citizenship and the principle of territoriality. Special courts and administrative bodies were created to govern and control this new complex social phenomenon. This work, related to the national research project Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century (Prin 2017), contributes to the investigation of the historical tensions between individual freedom of mobility and state sovereignty over border control. It contributes to the current public debate on ius migrandi – freedom of movement, or the right to migrate – showing the complexity of its historical dimension. The book will be of interest to scholars in the fields of Legal History, Legal Theory, Sociology of Law, International Migration Law, Labor Law and Criminology, as well as those working on themes related to Forced Migration and Refugee Studies.Chapter 16 of this book is available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Legal Responses to Religious Practices in the United States
by Austin SaratThere is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the U.S. Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
Legal Responses to Vacant Houses: An International Comparison (SpringerBriefs in Economics)
by Narufumi Kadomatsu James J. Kelly Jr. Romain Melot Arne PilniokThis book presents an international comparison of legal responses to the issue of vacant housing in Japan, the USA, France and Germany. While vacant housing is a shared problem in these four countries, the origin and context of the problem, as well as the focus of legal responses, differ considerably. Presenting the outcomes of an international symposium, this book explores different legal approaches (private/public law, federal/national/municipal governments, demolition/expropriation/requisition/planning) taken in the respective jurisdictions. It is highly recommended to readers whose work involves practical issues concerning vacant housing and who are interested in theoretical aspects of property law, building law and administrative law. The book also includes a chapter exploring the implications of the “tragedy of the commons/anticommons” for contemporary land use issues in Japan such as landscape protection, area management and unclaimed land.
Legal Rights for Rivers: Competition, Collaboration and Water Governance (Earthscan Studies in Water Resource Management)
by Erin O'DonnellIn 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Legal Rights of Teachers and Students
by Stephen B. Thomas Martha M. Mccarthy Nelda H. Cambron-McCabeAn overview of public school law
Legal Rights, 6th Ed.: The Guide for Deaf and Hard of Hearing People
by National Association of the DeafThe standard handbook on law affecting deaf and hard of hearing people has been completely rewritten and updated. The sixth edition of Legal Rights: The Guide for Deaf and Hard of Hearing People meticulously describes those statutes that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. Written in easy-to-understand language, the new edition describes the core legislation and laws and their critical importance since their inception: The Rehabilitation Act of 1973, the Individuals with Disabilities Education Act (IDEA), and the Americans with Disabilities Act (ADA). The new Legal Rights also explains the significant amendments to these laws, including the ADA Amendments Act (ADAAA) and new regulations to its Title II concerning public entities and Title III pertaining to public accommodations and commercial facilities. The reauthorization of IDEA expanded the No Child Left Behind Act requirement for highly qualified teachers to all students with disabilities. This new edition also tracks the trend of passing a Deaf and Hard of Hearing Children's Bill of Rights in a growing number of state legislatures. This completely new resource also delineates new legislation such as the Twenty-First Century Communications Video and Accessibility Act, which ensures access to the newest communications technology for deaf and hard of hearing people. Legal Rights also includes information on the use of interpreters in the legal system, securing its position as the most comprehensive reference of legal information for deaf and hard of hearing people now available.
Legal Rights: Historical and Philosophical Perspectives
by Austin Sarat Thomas R. KearnsThe idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life.
Legal Risks in EU Law
by Emilia Mišćenić Aurélien RaccahThis book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union's approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States' laws, which create barriers to trade and hinder the Union's economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union's smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Legal Sabotage: Ernst Fraenkel in Hitler's Germany (Cambridge Studies in Constitutional Law)
by Douglas MorrisThe Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State – a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance – its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.
Legal Scholarship as a Source of Law
by Fábio P. ShecairaThis book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Legal Scholarship as a Source of Law
by Fábio Perin ShecairaThis book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems. Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments.
Legal Scholarship for the Urban Core: From the Ground Up
by Dyal-Chand Rashmi Peter EnrichThe problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress for many decades. Although inadequate and misguided laws are not solely responsible for this state of affairs, good laws - and good lawyering - can contribute enormously to overcoming the challenges of the urban cores. By showcasing a range of scholarly analyses, covering a broad spectrum of legal issues and methodologies, this book demonstrates how law and lawyers can and do respond to the challenges of the urban cores. It provides paths forward at the local level in the face of federal political paralysis and inattention and lays a foundation for new paradigms and new approaches to intransigent problems. Modeling engaged legal scholarship as a pragmatic response to contemporary challenges, this book is for anyone concerned about the current state of American urban cores.
Legal Secretary Federal Litigation
by Pamela Everett NollkamperHow to file federal pleadings and papers, document completion and filing requirements, and a directory of names, addresses, telephone numbers and more for each federal court.
Legal Services and Digital Infrastructures: A New Compass for Better Governance
by Daniela PianaThis book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.
Legal Spaces
by Sabine Müller-MallThis book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.
Legal Stories: Narrative-Based Property Development in the Modern Copyright Era
by Gregory SteirerTracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. Steirer’s expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett’s Sam Spade, H. P. Lovecraft’s Cthulhu Mythos, and Robert E. Howard’s Conan the Barbarian, Steirer provides a ground’s eye view of how copyright law has operated and evolved in practice.
Legal Strategies
by Antoine Masson Mary J. ShariffFar from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm's business and economic agendas.
Legal Strategies in Childhood Obesity Prevention
by Lynn ParkerSince 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.
Legal Studies: Terminology and Transcription (5th Edition)
by Wanda Roderick-BoltonThis text provides a basic understanding of legal vocabulary for administrative personnel in a legal office. Over 900 terms commonly used in the legal profession are included. Users will learn to define the terms and use them in a legal context. Keyboarding practice from printed copy will reinforce learning the correct spelling and proper use of each term.
Legal Study on China’s Sovereignty over the Nansha Islands
by Cuibai Yang Qianwen ZhangThis book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities.In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.
Legal Symbolism: On Law, Time and European Identity (Applied Legal Philosophy)
by Jiří PřibáňJirà Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.