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US Immigration in the Twenty-First Century
by Rodolfo O. de la Garza Louis DesipioImmigration in the Twenty-First Century is a comprehensive examination of the enduring issues surrounding immigration and immigrants in the United States, beginning with a look at the history of immigration policy, followed by an examination of the legislative and legal debates waged over immigration and settlement policies today and concluding with a consideration of the continuing challenges of achieving immigration reform in the United States. The authors also discuss the issues facing immigrants in the United States, from the reception of immigrants within the native population to the relationship between minorities and immigrants. Immigration and immigration policy continues to be a hot topic on the campaign trail, and in all branches of federal and state government. U. S. Immigrants and Immigration Policies in the Twenty-First Century provides students with the tools and context they need to understand these complex issues.
Us International Lawyers in the Interwar Years
by Hatsue ShinoharaIn the interwar years, a group of reform-minded American scholars of international law, such as Quincy Wright and Manley Hudson, challenged traditional international law and strove to establish a 'new' international law in which outlawry of war was institutionalized. They highly valued the Covenant of the League of Nations and the Kellogg–Briand Pact and presented legal arguments in support of them. These scholars were activists in their efforts to promote their views to policy makers and the public. In the US international law community, however, a different group of scholars, notably Edwin Borchard, vehemently opposed the progressive scholars. US International Lawyers in the Interwar Years chronicles those involved in the debate and provides a detailed account of their scholarly works and activities that hitherto have not had the recognition that they deserve.
US Supreme Court Doctrine in the State High Courts
by Michael P. Fix Benjamin J. KassowUS Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
US Trade Policy, China and the World Trade Organisation (Transnational Law and Governance)
by Nerina BoschieroThe last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and protectionist practices. At the same time investigating the new Biden Administration’s trade approaches in order to assess whether the precedent trade trajectory is likely to continue, or there is hope of reviving the US commitment to the rule-based multilateral trading system. The book’s goal consists in distilling from current legal events the reasoning that might help the next generations in obtaining what the world needs most. These are a conscious and voluntary return to multilateralism, the search of new forms of effective global cooperation, better trade policies, a more equitable globalization, sound legal arguments, and solid economic reasons to combat rising nationalisms. If enacted, these elements hopefully would contribute to defeat new risks of political conflicts and long-lasting "trade wars". The book will be helpful to students and scholars in international and trade law, political science, and also professionals working in international and EU institutions.
USA: The Ruthless Empire
by Daniele GanserEmpires rise and fall; they do not last. In the eyes of many, the US exerts the strongest destabilizing influence on world events, and thus presents the greatest threat to world peace. World power #1 hasn&’t acquired this top position by chance. Since 1945, no other nation has bombed as many other countries or toppled as many governments as the US. It maintains the most military bases, exports the most weapons, and has the highest defense budget in the world. USA: The Ruthless Empire explains the background factors, motives, and resources of this world power.
The Use and Abuse of History (Dover Thrift Editions)
by Friedrich Nietzsche"While life needs the services of history, it must just as clearly be comprehended that an excess measure of history will do harm to the living," declares Friedrich Nietzsche in this cautionary polemic. The iconoclastic philosopher warns us about the dangers of an uncritical devotion to the study of the past, which leads to destructive and limiting results — particularly in cases where long-ago events are exploited for nationalistic purposes. Nietzsche proposes three approaches to times gone by: the monumental, focusing on examples of human greatness; the antiquarian, involving immersion in a bygone period; and the critical, rejecting the old in favor of the new. He examines the pros and cons of each concept, favoring how the ancient Greeks looked at things, which balanced a consciousness of yesteryear with contemporary intellectual, cultural, and political sensibilities. Nietzsche’s emphasis on history as a dynamic, living culture rather than the subject of detached scholarship is certain to resonate with modern readers.
Use and Misuse of New Technologies: Contemporary Challenges in International and European Law
by Elena Carpanelli Nicole LazzeriniThe ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors’ initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.
The Use of Alternative Benchmarks in Anti-Subsidy Law: A Study on the WTO, the EU and China (European Yearbook of International Economic Law #4)
by Sophia MüllerIn the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.
The Use of Armed Force in Occupied Territory
by Marco LongobardoThis book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
The Use of Artificial Intelligence in the Public Sector in Shanghai: Ambition, Capacity and Reality
by Diego TodaroThis book examines how Shanghai aims to improve public service provision by accelerating the use of artificial intelligence (AI) in the public sector. After clarifying the technical and social factors that shape the use of AI in this area, the book delves into the AI policy environment and AI ecosystem of Shanghai to gauge the city’s capacity to implement public sector AI applications. Then it examines how this capacity translates into real-world policy initiatives through the investigation of case studies. It highlights the analytical, operational and political capabilities that determine the strengths and limitations of such initiatives in deploying AI in the public sector, and it assesses their impacts on public service provision in Shanghai. By using the findings on Shanghai to gain a deeper understanding of key topics in public sector AI research, this book also contributes new knowledge about the use of AI to improve the provision of public services.
The Use of Biodiversity in International Law: A Genealogy of Genetic Gold (Law, Science and Society)
by Andreas KotsakisThis book presents a legal genealogy of biodiversity – of its strategic use before and after the adoption of the Convention on Biological Diversity, 1993. This history of ‘genetic gold’ details how, with the aid of international law, the idea of biodiversity has been instrumentalized towards political and economic aims. A study of the strategic utility of biodiversity, rather than the utility of its protection under international law, the book’s focus is not, therefore, on the sustainable or non-sustainable use of biodiversity as a natural resource, but rather on its historical use as an intellectual resource. Although biodiversity is still not being effectively conserved, nor sustainably used, the Convention on Biological Diversity and its parent regime persists, now after several decades of operation. This book provides the comprehensive answer to the question of the convention’s continued existence. Drawing from environmental history, the philosophy of science, political economy and development studies, this book will be of interest to advanced undergraduate and postgraduate students in Environmental Law, International Law, Environmental Studies, and Ecology.
The Use of CITES for Commercially-exploited Fish Species
by Solène GuggisbergThis book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.
Use of Force: The Practice of States Since World War II
by Arthur Mark WeisburdThis book is among the few to develop in detail the proposition that international law on the subject of interstate force is better derived from practice than from treaties. Mark Weisburd assembles here a broad body of evidence to support practice-based rules of law on the subject of force. Analyses of a particular use of force by a state against another state generally begin with the language of the Charter of the United Nations. This approach is seriously flawed, argues Weisburd. States do not, in fact, behave as the Charter requires. If the legal rule regulating the use of force is the rule of the Charter, then law is nearly irrelevant to the interstate use of force. However, treaties like the Charter are not the only source of public international law. Customary law, too, is binding on states. If state behavior can be shown to conform generally to what amount to tacit rules on the use of force, and if states generally enforce such rules against other states, then the resulting pattern of practice strongly supports the argument that the use of force is affected by law at a very practical level. This work aims to demonstrate that such patterns exist and to explain their content. Weisburd discusses over one hundred interstate conflicts that took place from 1945 through 1991. He focuses on the behavior of the states using force and on the reaction of third parties to the use of force. He concentrates upon state practice rather than upon treaty law and does not assume a priori that any particular policy goal can be attributed to the international legal system, proceeding instead on the assumption that the system's goals can be determined only by examining the workings of the system.
The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum (International Criminal Justice Ser. #18)
by Sergey Sayapin Evhen TsybulenkoWritten by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine.As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law’sprogressive development.It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations.Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan.Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.
The Use of Force and International Law: The Impact Of The United States Upon The Jus Ad Bellum In The Post-cold War Era (The\ashgate International Law Ser.)
by Christian HendersonThe Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. <P><P>Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject. Follows a clear and accessible structure to better support lecturers teach their courses and aid student understanding.<P> Clearly lays out the distinction between concepts and terms to enable students to grasp the fundamental distinctions before delving deeper into the subject.<P> Comprehensive references to primary and secondary sources support student understanding of the breadth of legal resources in the field and aid further research.
The Use of Force in International Law (The\international Law Of Peace And Security Ser.)
by Nicholas Tsagourias Tarcisio GazziniThis volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
The Use of Forensic Anthropology
by Robert B. Pickering David BachmanA forensic investigation requires a team of specialists from many different scientific fields of study along with legal and law enforcement specialists. In recent years, the range of cases on which forensic anthropologists have been consulted has expanded dramatically. The Use of Forensic Anthropology provides these professionals with guidelines fo
The Use of Preventive Detention Laws in Malaysia: A Case for Reform
by M. Ehteshamul Bari Safia NazThis book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
Use of the UNIDROIT Principles to Interpret and Supplement Domestic Contract Law (Ius Comparatum - Global Studies in Comparative Law #51)
by Alejandro Garro José Antonio Moreno RodríguezThis book discusses how UNIDROIT principles are viewed and interpreted in different countries, presenting various perspectives and practical lessons learned. It also offers a detailed analysis of the use of the UNIDROIT principles to interpret and supplement domestic contract law. Written by experts in the field, it provides insights into how the principles are being used and applied in their respective countries. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.
The Use of Victim Impact Statements in Sentencing for Sexual Offences: Stories of Strength (Routledge Frontiers of Criminal Justice)
by Rhiannon Davies Lorana BartelsDrawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
Useful Bodies: Humans in the Service of Medical Science in the Twentieth Century
by Jordan Goodman Anthony McElligott Lara MarksThough notoriously associated with Germany, human experimentation in the name of science has been practiced in other countries, as well, both before and after the Nazi era. The use of unwitting or unwilling subjects in experiments designed to test the effects of radiation and disease on the human body emerged at the turn of the twentieth century, when the rise of the modern, coercive state and the professionalization of medical science converged. Useful Bodies explores the intersection of government power and medical knowledge in revealing studies of human experimentation—germ warfare and jaundice tests in Great Britain; radiation, malaria, and hepatitis experiments in the U.S.; and nuclear fallout trials in Australia. These examples of medical abuse illustrate the extent to which living human bodies have been "useful" to democratic states and emphasize the need for intense scrutiny and regulation to prevent future violations.Contributors: Brian Balmer, University College London; Miriam Boleyn-Fitzgerald, University of Wisconsin; Rodney A. Hayward, University of Michigan; Joel D. Howell, University of Michigan; Margaret Humphreys, Duke University; David S. Jones, Massachusetts General Hospital; Robert L. Martensen, Tulane University School of Medicine; Glenn Mitchell, University of Wollongong; Jenny Stanton, London School of Hygiene and Tropical Medicine; Gilbert Whittemore, independent scholar/attorney, Boston
Useful Bodies: Humans in the Service of Medical Science in the Twentieth Century
by Jordan Goodman Anthony McElligott Lara MarksA collection of essays that offers “a significant contribution to our understanding of the role of the state in human subjects research” (Journal of the History of Biology).Though notoriously associated with Germany, human experimentation in the name of science has been practiced in other countries, as well, both before and after the Nazi era. The use of unwitting or unwilling subjects in experiments designed to test the effects of radiation and disease on the human body emerged at the turn of the twentieth century, when the rise of the modern, coercive state and the professionalization of medical science converged. Useful Bodies explores the intersection of government power and medical knowledge in revealing studies of human experimentation—germ warfare and jaundice tests in Great Britain; radiation, malaria, and hepatitis experiments in the U.S.; and nuclear fallout trials in Australia. These examples of medical abuse illustrate the extent to which living human bodies have been “useful” to democratic states and emphasize the need for intense scrutiny and regulation to prevent future violations.Contributors: Brian Balmer, University College London; Miriam Boleyn-Fitzgerald, University of Wisconsin; Rodney A. Hayward, University of Michigan; Joel D. Howell, University of Michigan; Margaret Humphreys, Duke University; David S. Jones, Massachusetts General Hospital; Robert L. Martensen, Tulane University School of Medicine; Glenn Mitchell, University of Wollongong; Jenny Stanton, London School of Hygiene and Tropical Medicine; Gilbert Whittemore, independent scholar/attorney, Boston“Each chapter is a startling case study that examines the nature and degree of the state’s involvement in human experimentation.” —Issues in Law and Medicine“Well written and meticulously researched.” —Journal of the History of Medicine and Allied Sciences
Useful Bullshit: Constitutions in Chinese Politics and Society
by Neil J. DiamantIn Useful Bullshit Neil J. Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy? Over the course of four decades, the PRC government encouraged millions of citizens to pose questions about, and suggest revisions to, the draft of a new constitution. Seizing this opportunity, people asked both straightforward questions like "what is a state?", but also others that, through implication, harshly criticized the document and the government that sponsored it. They pressed officials to clarify the meaning of words, phrases, and ideas in the constitution, proposing numerous revisions. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day."Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant deals with all facets of this constitutional discussion, as well as its afterlives in the late '50s, the Cultural Revolution, and the post-Mao era. Useful Bullshit illuminates how the Chinese government understands and makes use of the constitution as a political document, and how a vast array of citizens—police, workers, university students, women, and members of different ethnic and religious groups—have responded.
User-Centric Technology Design for Nonprofit and Civic Engagements (Public Administration and Information Technology #9)
by Saqib SaeedDue to the increased global political importance of the nonprofit sector, its technological support and organizational characteristics have become important fields of research. In order to conduct effective work, nonprofits need to communicate and coordinate effectively. However, such settings are generally characterized by a lack of resources, an absence of formal hierarchical structures and differences in languages and culture among the activists. Modern technologies could help nonprofit networks in improving their working. In order to design appropriate technological support for such settings, it is important to understand their work practices, which widely differ from traditional business organizations. This book aims to strengthen the body of knowledge by providing user studies and concepts related to user centered technology design process for nonprofit settings. The examination of ethnographic studies and user centered evaluation of IT artifacts in practice will further the understanding of design requirements of these systems. This book includes chapters from leading scholars and practitioners on the technology design process examining human centered factors. The chapters will focus on developed and developing countries as they both have unique issues in technology design. The book will be useful or of interest to academics from a range of fields including information systems, human computer interaction, computer supported cooperative work and organizational science as well as for government officials and governmental organizations.
User-friendly Legal Science
by Petri MäntysaariThis book defines the characteristics of a new discipline that is both legal and scientific: user-friendly legal science.Focusing on how legal tools and practices can be used to achieve objectives in different contexts, it offers an alternative to doctrinal research, law-and-something disciplines, and the traditional interdisciplinary approach.The book not only defines the new discipline’s research approach, point of view, theory-building, and research methods, it also shows how it relates to other scientific disciplines and how existing doctrinal legal disciplines can be upgraded into scientific disciplines.