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To Speak as a Judge: Difference, Voice and Power (Routledge Revivals)
by Sandra BernsFirst published in 1999, this volume explores the nature of adjudication in the common law tradition from a feminist postmodernist perspective. The author accepts and celebrates the ‘choices’ open to the judge and argues that without choice, judgment cannot be properly judicial. The first full length feminist exploration of the role of the judge and the nature of law and legality, To Speak as a Judge is grounded in the process of adjudication and its rhetorical nature. It draws upon significant contemporary cases to explore the narrativity of law and the ways in which rhetoric and judicial understandings of the nature of law determine narrative style.
To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization
by William P. AlfordThis study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
To the Edge
by Philip A. WallachWere the radical steps taken by the Treasury Department and Federal Reserve to avert the financial crisis legal? When and why did political elites and the general public question the legitimacy of the government's responses to the crisis?In To The Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis, Philip Wallach chronicles and examines the legal and political controversies surrounding the government's responses to the recent financial crisis. The economic devastation left behind is well-known, but some allege that even more lasting harm was inflicted on America's rule of law tradition and government legitimacy by the ambitious attempts to limit the fallout. In probing these claims, Wallach offers a searching inquiry into the meaning of the rule of law during crises.The book provides a detailed analysis of the policies undertaken--from the rescue of Bear Stearns in March 2008 through the tumultuous events of September 2008, the passage of the TARP and its broad usage, the alphabet soup of emergency Federal Reserve programs, the bankruptcies of Chrysler and GM, and the extended public ownership of AIG, Fannie Mae, and Freddie Mac. Throughout, Wallach probes the legal bases of the government's actions and explores why concerns about the legitimacy of government actions were only sporadically grounded in concerns about legality--and sometimes ran directly against them.The public's sense that government officials operated through ad hoc responses that favored powerful interests has helped bring the legitimacy of American governmental institutions to historic lows. Wallach's book recommends constructive and sensible reforms policymakers should take to ensure accountability and legitimacy before the government faces another crisis.
To the Edge
by Philip A. WallachWere the radical steps taken by the Treasury Department and Federal Reserve to avert the financial crisis legal? When and why did political elites and the general public question the legitimacy of the government's responses to the crisis?In To The Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis, Philip Wallach chronicles and examines the legal and political controversies surrounding the government's responses to the recent financial crisis. The economic devastation left behind is well-known, but some allege that even more lasting harm was inflicted on America's rule of law tradition and government legitimacy by the ambitious attempts to limit the fallout. In probing these claims, Wallach offers a searching inquiry into the meaning of the rule of law during crises.The book provides a detailed analysis of the policies undertaken-from the rescue of Bear Stearns in March 2008 through the tumultuous events of September 2008, the passage of the TARP and its broad usage, the alphabet soup of emergency Federal Reserve programs, the bankruptcies of Chrysler and GM, and the extended public ownership of AIG, Fannie Mae, and Freddie Mac. Throughout, Wallach probes the legal bases of the government's actions and explores why concerns about the legitimacy of government actions were only sporadically grounded in concerns about legality-and sometimes ran directly against them.The public's sense that government officials operated through ad hoc responses that favored powerful interests has helped bring the legitimacy of American governmental institutions to historic lows. Wallach's book recommends constructive and sensible reforms policymakers should take to ensure accountability and legitimacy before the government faces another crisis.
To the Mountaintop: My Journey Through the Civil Rights Movement
by Charlayne Hunter-Gault<p>A personal history of the civil rights movement from activist and acclaimed journalist Charlayne Hunter-Gault. <p>On January 20, 2009, 1.8 million people crowded the grounds of the Capitol to witness the inauguration of Barack Obama. Among the masses was Charlayne Hunter-Gault. She had flown from South Africa for the occasion, to witness what was for many the culmination of the long struggle for civil rights in the United States. In this compelling personal history, she uses the event to look back on her own involvement in the civil rights movement, as one of two black students who forced the University of Georgia to integrate, and to relate the pivotal events that swept the South as the movement gathered momentum through the early 1960s. <p>With poignant black-and-white photos, original articles from the New York Times, and a unique personal viewpoint, this is a moving tribute to the men and women on whose shoulders Obama stood.</p>
To the Uttermost Parts of the Earth: Legal Imagination and International Power 1300–1870
by Martti KoskenniemiTo the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
To Thine Own Self Be True: The Relationship Between Spiritual Values and Emotional Health
by Lewis M. Andrews"There is a newfound confidence and enthusiasm for living. But perhaps the most remarkable development of all is the recognition that this spiritual therapy is not really a new discovery, revealed by some outside authority, as much as it is a reminder of the basic truths we have always known in our own hearts. In healing ourselves, we learn that the greatest wisdom of all lies not in listening to others but in being true to our deepest selves".
To Whom Do Children Belong?
by Melissa MoschellaMost people believe that parents have rights to direct their children's education and upbringing. But why? What grounds those rights? How broad is their scope? Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society? Amid heated debates over issues like sexual education, diversity education and vouchers, Moschella cuts to the heart of the matter, explaining why education is primarily the responsibility of parents, not the state. Rigorously argued yet broadly accessible, the book offers a principled case for expanding school choice and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values. Philosophical argument is complemented with psychological and social scientific research showing that robust parental rights' protections are crucial for the well-being of parents, children and society as a whole.
A Toast to Silence: Avoid Becoming Another Victim of Deceptive Police Tactics By Knowing When and How to Use the Power of Silence
by Peter BaskinEvery day, police deception tactics fool millions of Americans into giving evidence they don’t have to give, leading to their arrest and conviction in court because they don’t know when and how to take advantage of their absolute constitutional right to remain silent. By the time they hear the Miranda warning, they have already voluntarily given up the evidence the police need to make an arrest by answering questions and taking sobriety tests, and in many cases, they’ve already guaranteed they’ll lose in court. A Toast to Silence focuses on the right time before the Miranda warning to remain silent and not take tests and on the exact word-for-word lies the police cleverly disguise as truths to make people give up evidence—and shows you exactly when and how to use the power of silence to overcome these deceptive tactics for success in court.
The Tobacco Challenge: Legal Policy and Consumer Protection (Markets And The Law Ser.)
by Geraint HowellsAddressing three central questions of legal policy, this is an interesting and comprehensive analysis of the need to control and regulate tobacco consumption. The core issues of the book are litigation vs. regulation with a comparative analysis of the US and European approaches; the challenge to regulate tobacco as a lawful product within constitutional limits to promote the reduction of risks to health and the extent to which consumers should be entrusted with information to make their own informed choices. Suggesting dialogue and transparency in policy development, this book covers advertising, psychology, ethics, economics and health in addition to the central debate about the litigation and regulation of tobacco and the role of consumer protection law and private law.
Todas somos Bella´s
by Amor Pérez EgeaMadres, hijas, amigas, conocidas, mujeres en general sumidas en un infierno de incomprensión. Personas maltratadas redimidas a través de la escritura. <P><P>DONNA BELLA <P><P> ¿Víctimas o heroínas? <P>Nunca creí en las almas que se quedan en la tierra, hasta que me hablaron de Donna... Donna está perdida en un mundo en el que no encaja, encuentra en Bella su reflejo y la utilizará para su propio fin. Mujeres atrapadas en la seducción, el engaño, la manipulación y la autodestrucción. <P><P>Dos mujeres, dos historias enlazadas, un factor común: La terapia de la escritura. Amor, dolor, desengaño y muerte. Cuando el placer de dominar es más fuerte que el placer sexual. Una sociedad que mira, pero no quiere ver. Dos plumas afiladas podrán más que los gritos y las lágrimas. <P>Donna y Bella, ¿Víctimas o heroínas?
Today's Moral Issues: Classic And Contemporary Perspectives
by Daniel BonevacDesigned for contemporary moral problems courses, Bonevac's Today's Moral Issues is unique in providing theoretical readings related to the contemporary issues readings that follow; students connect theory and practice, thereby making the theory interesting and relevant. <P><P>In addition to providing readings on contemporary topics, the book lends historical perspective to current moral issues with its unique inclusion of classic selections by philosophers such as Aristotle, Mill, Kant, and Locke.
Today's Police and Sheriff Recruits
by Greg Ridgeway Laura Werber CastanedaFor much of the past decade, police and sheriff's departments faced considerable challenges in attracting and retaining recruits. This volume summarizes a 2008-2009 survey fielded to recent police officer and sheriff's deputy recruits nationwide. The authors focus on how understanding modern recruits can help departments refine their recruitment practices and develop a workforce well suited to community-oriented policing.
Today's White Collar Crime: Legal, Investigative, and Theoretical Perspectives (Criminology and Justice Studies)
by Hank J. BrightmanWritten as a text for undergraduate courses, this book appeals to instructors interested in teaching the field of white-collar crime, both from a matter-of-fact investigative perspective as well as a decidedly academic endeavor. Accordingly, it goes beyond discussing the basic theories and typologies of commonly-encountered offenses such as fraud, forgery, embezzlement, and currency counterfeiting, to include the legalistic aspects of white-collar crime. It also explores the investigative tools and analytical techniques needed if students wish to pursue careers in this field. Because of the inextricable links between abuse-of-trust crimes such as misuse of government office, nepotism, and bribery and the realm of corporate corruption, these issues are also included. The text also maintains a connection between white-collar crime and acts of international terrorism; as well as the more controversial aspects of possible abuses of power within the public arena posed by the USA Patriot Act of 2001 and the asset forfeiture process. Adapted readings at the end of each chapter provide readable cases of white collar crime in action to illustrate the principles / theories presented. Activities, Exercises, and Photographs are also included in each of the 10 chapters and a Companion Web Site provides additional test items and other instructor support material.
Together: An Inspiring Response to the Separate-but-Equal Supreme Court Decision That Divided America
by Amy Nathan"An ambitious account of the legacies of Plessy and Ferguson . . . Undeniably timely and representative of the necessary work ahead."―Kirkus Reviews <p><p> “Amy Nathan’s well-researched and beautifully written book makes clear the history of racism that has kept Black people separate and unequal in U.S. society for so long―and how we today can work to chart a new future. The friendship between Keith Plessy and Phoebe Ferguson, descendants of the antagonists in the infamous Supreme Court decision that cemented racial inequality, Plessy v. Ferguson, demonstrates that ancestry need not be destiny―if we are willing to do the hard work of repair. In Amy Nathan’s capable hands, their intertwined histories come alive, demonstrating one of many paths we can purposefully take towards a more equitable society.”―Leslie M. Harris, Professor of History, Northwestern University, and author of In the Shadow of Slavery: African Americans in New York City, 1626-1863 <p><p> Keith Plessy and Phoebe Ferguson were both born in New Orleans in 1957. Sixty-five years earlier, in 1892, a member of each of their families met in a Louisiana courtroom when Judge John Howard Ferguson found Homer Plessy guilty of breaking the law by sitting in a train car for white passengers. The case of Plessy v. Ferguson went all the way to the U.S. Supreme Court, which ruled that “separate-but-equal” was constitutional, sparking decades of unjust laws and discriminatory attitudes. <p><p> In Together, Amy Nathan threads the personal stories of Keith Plessy and Phoebe Ferguson into the larger history of the Plessy v. Ferguson case, race relations, and civil rights movements in New Orleans and throughout the U.S. She tells the inspiring tale of how Keith and Phoebe came together to change the ending of the story that links their families in history. It’s “a flip on the script,” said Keith.
Together With Christ: 52 Devotions and Bible Studies to Nurture Your Relationship
by Chelsea DamonStrengthen your relationship and your faith with insightful Bible devotionsLay the foundation for a lifetime of love, faith, and understanding with curated Bible passages for navigating the ups and downs of dating. This couple's devotional features one devotion for each week of the year to inspire discussion between you and your partner and renew your bond with each other and God.Explore a couple's devotional that features:Scripture for everyday life—Each entry in this couple's devotional includes an excerpt from the Bible, followed by stories and thoughtful questions to help both of you communicate, forgive, and grow.Deepen your connection—Apply Scripture to every area of your relationship, delving into topics such as intimacy, family matters, work, money, and more.Commitment activities for couples—Foster your personal values and morals through suggested activities like going to a baseball game, watching the sun rise, or taste-testing local coffee shops.Get closer to each other and to God with this weekly couple's devotional.
The Tokyo Trial and War Crimes in Asia
by Mei Ju-AoThis book examines the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it studies the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals. It addresses the IMTFE charter and records the establishment and development of the Tokyo Trial war crime principles, the confirmation of the Class A War Criminal list and the subsequent arrests and interrogations. It revisits the organization of the judges, the responsibilities of the prosecution and defense teams as well as the US representation in the defence. Offering the perspective of a Chinese prosecutor who was both jurist and witness, this unique text engages with the Tokyo Trial from an interdisciplinary perspective, bringing in both international law and international relations, and over seven decades later measures the significance and ongoing legacy of the Tokyo Trial for contemporary international criminal justice in Asia and beyond.
The Tokyo Trial and War Crimes in Asia
by Mei Ju-aoThe book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.
The Tokyo Trial Diaries of Mei Ju-ao
by Mei Ju-aoWritten by Chinese Jurist Mei Ju-ao, this significant book considers both the process and the impact of the International Military Tribunal for the Far East, otherwise known as the Tokyo Trial, which was convened in 1946 to try political military leaders accused of involvement in war crimes. Offering valuable research material on the establishment of the tribunal, it examines the background to the establishment of the International Military Tribunal and the lessons learned from earlier trials of World War One War Criminals. Written from the perspective of a Chinese prosecutor who was both jurist and witness, this unique text engages with the Tokyo Trial from an interdisciplinary perspective bringing in both international law and international relations, measuring over 7 decades later the significance and ongoing legacy of the Tokyo Trial for contemporary international criminal justice in Asia and beyond..
The Tokyo Trial, Justice, and the Postwar International Order (New Directions in East Asian History)
by Aleksandra BabovicFully utilizing the latest archival material, this book provides a comprehensive, multi-dimensional and nuanced understanding of the Tokyo Tribunal by delving into the temporal aspects that extended the relevance and reverberations of the Tribunal beyond its end in 1948. With this as a backdrop, this book contributes to the study of Japanese postwar diplomacy. It shows the Tokyo Tribunal is still very much an experiment in progress, and how the process itself has helped Japan to quickly shed its imperial past and remain ambiguous as to its war responsibilities. From a wider vantage point, this book augments the existing scholarship of international criminal law and justice, offering a clear framework as to the limits of what international criminal tribunals can accomplish and offers a must-read for academics and students as well as for practitioners, journalists and policymakers interested in international criminal law and US-Japanese diplomatic history,
Tolerance: Experiments with Freedom in the Netherlands (Law and Philosophy Library #124)
by Cees MarisThis book presents a collection of philosophical essays on freedom and tolerance in the Netherlands. It explores liberal freedom and its limits in areas such as freedom of speech, public reason, sexual morality, euthanasia, drugs policy, and minority rights. The book takes Dutch practices as exemplary test cases for the principled discussions on these subjects from the perspective of political liberalism. Indeed, the Netherlands may be viewed as a social laboratory in human tolerance. During the Cultural Revolution of the 1960s, Holland took the lead in a global emancipation process towards a society based on equal freedom. It was the first country to legalize euthanasia, soft drugs and gay marriage. In the final sections, the book examines the question of whether the political murders on the politician Pim Fortuyn and the film director Theo van Gogh, the reactions to Ayaan Hirsi Ali’s film Submission, as well as the success of the populist politician Geert Wilders are signs of the end of Dutch tolerance. Although it recognizes that the political climate has taken a conservative turn, the book shows that the Netherlands still shows remarkable tolerance.
Tolerance among the Virtues
by John R. BowlinIn a pluralistic society such as ours, tolerance is a virtue--but it doesn't always seem so. Some suspect that it entangles us in unacceptable moral compromises and inequalities of power, while others dismiss it as mere political correctness or doubt that it can safeguard the moral and political relationships we value. Tolerance among the Virtues provides a vigorous defense of tolerance against its many critics and shows why the virtue of tolerance involves exercising judgment across a variety of different circumstances and relationships--not simply applying a prescribed set of rules.Drawing inspiration from St. Paul, Aquinas, and Wittgenstein, John Bowlin offers a nuanced inquiry into tolerance as a virtue. He explains why the advocates and debunkers of toleration have reached an impasse, and he suggests a new way forward by distinguishing the virtue of tolerance from its false look-alikes, and from its sibling, forbearance. Some acts of toleration are right and good, while others amount to indifference, complicity, or condescension. Some persons are able to draw these distinctions well and to act in accord with their better judgment. When we praise them as tolerant, we are commending them as virtuous. Bowlin explores what that commendation means.Tolerance among the Virtues offers invaluable insights into how to live amid differences we cannot endorse--beliefs we consider false, actions we think are unjust, institutional arrangements we consider cruel or corrupt, and persons who embody what we oppose.
Toleranz – was müssen wir aushalten? (#philosophieorientiert)
by Dominik BalgToleranz – eine Haltung, die in westlichen Gesellschaften wie kaum eine andere mit Nachdruck gefordert und mit Vehemenz verteidigt wird. Insbesondere eine tolerante Haltung gegenüber fremden Ansichten, Standpunkten und Überzeugungen wird von vielen als unverzichtbare Bedingung für das Gelingen eines demokratischen Miteinanders angesehen. Gleichzeitig wird kontrovers diskutiert, wo eigentlich die Grenzen einer toleranten Pluralität verschiedener Meinungen gezogen werden sollen. Welche Ansichten sind noch tolerabel, und welche nicht? Mit Blick auf aktuelle gesellschaftliche Diskurse und vor dem Hintergrund umfassender Kenntnisse der philosophischen Toleranzforschung überprüft Dominik Balg kontrovers diskutierte Minderheitenpositionen auf ihre Tolerierbarkeit und entwickelt vor diesem Hintergrund einen klaren Kriterienkatalog, mit Hilfe dessen sich die Grenzen einer toleranten Haltung sinnvoll ziehen lassen. Darüber hinaus widmet er sich der Frage, was eigentlich jenseits unserer Toleranzgrenzen liegen sollte und wie man verantwortungsvoll mit Positionen umgehen kann, die nicht mehr tolerabel sind.
Toleration: An Elusive Virtue
by David HeydIf we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong beliefs and actions versus the good reasons for interfering with the lives of the subjects of these beliefs and actions. This collection contains original contributions to the ongoing debate on the nature of toleration, including its definition, historical development, justification, and limits. In exploring the issues surrounding toleration, the essays address a variety of provocative questions. Is toleration a moral virtue of individuals or rather a pragmatic political compromise? Is it an intrinsically good principle or only a "second best-solution" to the dangers of fanaticism to be superseded one day by the full acceptance of others? Does the value of toleration lie in respect to individuals and their autonomy, or rather in the recognition of the right of minority groups to maintain their communal identity? Throughout, the contributors point to the inherent indeterminacy of the concept and to the difficulty in locating it between intolerant absolutism and skeptical pluralism.Religion, sex, speech, and education are major areas requiring toleration in liberal societies. By applying theoretical analysis, these essays show the differences in the argument for toleration and its scope in each of these realms. The contributors include Joshua Cohen, George Fletcher, Gordon Graham, Alon Harel, Moshe Halbertal, Barbara Herman, John Horton, Will Kymlicka, Avishai Margalit, David Richards, Thomas Scanlon, and Bernard Williams.
Tolley's Managing a Diverse Workforce
by Nikki Booth Clare Robson Jacqui Welham Alison Barnard Nicki BartlettLegislation governing employee welfare is becoming increasingly strict, and nowhere is this more prevalent than in dealing with a diverse workplace. Every organisation contains employees who can be considered diverse. Diverse employee can include pregnant women, people with illnesses, young and old workers and those with disabilities. In today’s society, where more people with disability and illness are entering the workplace, it is essential for both the organisation and the employee that managers are able to deal effectively with a diverse workplace.Tolley’s Managing a Diverse Workplace provides unrivalled guidance on complying with the legislation and regulations specific to the management of diverse employees. Aimed at both HR and health and safety managers, this unique handbook comprehensively covers the key legislation that affects this important area. Other important features include:• Legislation, regulation and the employer• Legislation, regulation and health & safety• Managing the employment aspects of diverse employees• Managing the health & safety of diverse employees• Management systems / tools• Managing changing relationships• The future of diverse employeesWith corporate social responsibility being such a hot topic, the effective management of diverse employees is high on most companies’ agendas. This one-stop reference guide will ensure that organisations are sufficiently equipped to identify those workers considered to be at risk, and manage these risks to their mutual benefit.