|Transnational Intellectual Property Law
Nguyen, Xuan-Thao N.;
Transnational Intellectual Property Law provides students comparative knowledge of intellectual property for today’s world. The book provides students a strong understanding of intellectual property law in four important global stakeholders and regions: United States, European Union, Japan and China. Transcending national borders, the students will learn the similarities and differences in these four regions through reading and analyzing valuable primary sources of judicial opinions from the courts. The materials allow the students to identify how culture and traditions influence judges in crafting their opinions, in both common law and civil law countries.
The book is organized in six units. Each unit begins with a concise summary of a doctrinal area of intellectual property law in each of the four regions, United States, European Union, Japan and China. Judicial opinions from a particular region follow the doctrinal summaries within each unit.
|The 9/11 Terror Cases: Constitutional Challenges in the War against Al Qaeda
Ryan, Allan A.
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances.
In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan’s deft account, the Supreme Court’s rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
|Choosing Not to Choose: Understanding the Value of Choice
Sunstein, Cass R.
Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose.
The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being.
|Comebacks for Lawyer Jokes: The Restatement of Retorts
Lawyers who are sick of lawyer jokes finally have what they’ve been waiting for — witty comebacks to shut up the joke tellers. This book includes comebacks to over 100 common lawyer jokes. It also includes the world’s first jokes that make lawyers look good! And that’s no joke.
|Comparative Executive Clemency: The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself.
This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole.
As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
|The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective
May, Randolph J.
Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in this book explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book’s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution’s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors.
|Contract Governance: Dimensions in Law and Interdisciplinary Research
K840 .C656 2015
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson’s seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Moslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly on the ways in which a governance perspective leads to research questions that have been neglected in traditional contract law scholarship, and how, from a governance perspective, the questions are dealt with in a different manner and style.
Combining substantive chapters and commentaries, this collection of essays addresses an array of topics, including: third party impact and contract governance problems in herd behavior; governance of networks of contracts; governance in long-term contractual relationships; contract governance and rule setting; and contract governance and political dimensions.
|The Democratic Constitution
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there–claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution’s meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts.
This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
|The Ecology of Law: Toward a Legal System in Tune with Nature and Community
This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good.
Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
|The Enduring Legacy of Rodriguez: Creating New Pathways to Equal Educational Opportunity
KF228.S26 E53 2015
In this ambitious volume, leading legal and educational scholars examine San Antonio Independent School District v. Rodriguez (1973), the landmark US Supreme Court decision that held that the Constitution does not guarantee equality of educational opportunity. Charles J. Ogletree, Jr., and Kimberly Jenkins Robinson have brought together a host of experts in their field to examine the road that led up to the Rodriguez decision, assess the successes and failures of the reforms that followed in its wake, and lay out an array of creative strategies for addressing the ongoing inequality of resources and socioeconomic segregation that perpetuate the inequity of opportunity in education.
Successive waves of school reform efforts have failed to counteract the pernicious effects of inequality on student learning and achievement. The widely perceived exhaustion of these conventional approaches has led to a renewed interest in the Rodriguez decision and its impact on efforts to improve educational opportunity and outcomes for all students. A timely volume, The Enduring Legacy of Rodriguez makes a comprehensive statement that will inform research and reform for the next generation of scholars, educators, lawyers, and policy makers.
|The English Legal System
The English Legal System combines comprehensive and thorough coverage of the main topics covered on English legal system courses with a lively and engaging style to capture students’ attention and provide them with a firm foundation for their study of law. This book enables students to first understand all of the key areas of the English legal system, and then to engage with the subject fully for themselves. The law is not just presented but critiqued, with a range of learning features which encourage students to actively engage with contentious issues and difficult questions. Everyday examples help students to apply their knowledge of the law in a practical way, while questions for reflection help students to analyse, evaluate, and think critically.
Aided by a clear structure, arranged in five parts, students will be able to fully grasp the processes involving in making and reforming the law.
|The Expressive Powers of Law: Theories and Limits
McAdams, Richard H.
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs.
People seek order, and they sometimes obtain a mutually shared benefit when each expects the other to behave in accordance with law. Traffic regulations, for example, coordinate behavior by expressing an orderly means of driving. A traffic sign that tells one driver to yield to another creates expectations in the minds of both drivers and so allows each to avoid collision. McAdams generalizes from traffic to constitutional and international law and many other domains. In addition to its coordinating function, law expresses information. Legislation reveals something important about the risks of the behavior being regulated, and social attitudes toward it. Anti-smoking laws, for example, signal both the lawmakers’ recognition of the health risks associated with smoking and the public’s general disapproval. This information causes individuals to update their beliefs and alter their behavior.
McAdams shows how an expressive theory explains the law’s sometimes puzzling efficacy, as when tribunals are able to resolve disputes even though they lack coercive power or legitimacy. The Expressive Powers of Law contributes to our understanding of the mechanisms by which law―simply by what it says rather than what it sanctions―generates compliance.
|Frontier Democracy: Constitutional Conventions in the Old Northwest
Siddali, Silvana R.
Frontier Democracy examines the debates over state constitutions in the antebellum Northwest (Indiana, Illinois, Iowa, Michigan, Minnesota, Ohio, and Wisconsin) from the 1820s through the 1850s. This is a book about conversations: in particular, the fights and negotiations over the core ideals in the constitutions that brought these frontier communities to life. Silvana R. Siddali argues that the Northwestern debates over representation and citizenship reveal two profound commitments: the first to fair deliberation, and the second to ethical principles based on republicanism, Christianity, and science. Some of these ideas succeeded brilliantly: within forty years, the region became an economic and demographic success story. However, some failed tragically: racial hatred prevailed everywhere in the region, in spite of reformers’ passionate arguments for justice, and resulted in disfranchisement and even exclusion for non-white Northwesterners that lasted for generations.
|How Music Got Free: The End of an Industry, the Turn of the Century, and the Patient Zero of Piracy
How Music Got Free is a riveting story of obsession, music, crime, and money, featuring visionaries and criminals, moguls and tech-savvy teenagers. It’s about the greatest pirate in history, the most powerful executive in the music business, a revolutionary invention and an illegal website four times the size of the iTunes Music Store.
Journalist Stephen Witt traces the secret history of digital music piracy, from the German audio engineers who invented the mp3, to a North Carolina compact-disc manufacturing plant where factory worker Dell Glover leaked nearly two thousand albums over the course of a decade, to the high-rises of midtown Manhattan where music executive Doug Morris cornered the global market on rap, and, finally, into the darkest recesses of the Internet.
Through these interwoven narratives, Witt has written a thrilling book that depicts the moment in history when ordinary life became forever entwined with the world online—when, suddenly, all the music ever recorded was available for free. In the page-turning tradition of writers like Michael Lewis and Lawrence Wright, Witt’s deeply reported first book introduces the unforgettable characters—inventors, executives, factory workers, and smugglers—who revolutionized an entire artform, and reveals for the first time the secret underworld of media pirates that transformed our digital lives.
An irresistible never-before-told story of greed, cunning, genius, and deceit, How Music Got Free isn’t just a story of the music industry—it’s a must-read history of the Internet itself.
|Institutional Investor Activism: Hedge Funds and Private Equity, Economics and Regulation
HG4530 .I58 2015
The past two decades has witnessed unprecedented changes in the corporate governance landscape in Europe, the US and Asia. Across many countries, activist investors have pursued engagements with management of target companies.
More recently, the role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value.
This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors’ strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.
|Intellectual Privacy: Rethinking Civil Liberties in the Digital Age
How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America’s obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship.
|International Human Rights Law: Returning to Universal Principles
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.
|Interpreting the Constitution
This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book’s major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided.
The book’s central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors’ aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable.
|An Introduction to the Model Penal Code
Dubber, Markus Dirk
In this second edition of his well-received introductory overview of the Model Penal Code, Markus Dubber retains the book’s original aim to serve as an accessible companion to the Code. Professor Dubber unlocks the Model Penal Code’s potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law.
While the book’s general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute’s ongoing revision of the Code’s sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.
|John Paul Stevens: Defender of Rights in Criminal Justice
Smith, Christopher E.
This book examines the judicial opinions and criminal justice policy impact of Justice John Paul Stevens, the U.S. Supreme Court’s most prolific opinion author during his 35-year career on the nation’s highest court. Although Justice Stevens, a Republican appointee of President Gerald Ford, had a professional reputation as a corporate antitrust law attorney, he immediately asserted himself as the Court’s foremost advocate of prisoners’ rights and Miranda rights when he arrived at the Court in 1975. In examining Justice Stevens’s opinions on these topics as well as others, including capital punishment and right to counsel, the chapters of the book connect his prior experiences with the development of his views on rights in criminal justice. In particular, the book examines his relevant experiences as a law clerk to Justice Wiley Rutledge in the Supreme Court’s 1947 term, a volunteer attorney handling criminal cases in Illinois, and a judge on the U.S. court of appeals to explore how these experiences shaped his understanding of the importance of rights in criminal justice. For many issues, such as those affecting imprisoned offenders, Justice Stevens was a strong defender of rights throughout his career. For other issues, such as capital punishment, there is evidence that he became increasingly protective of rights over the course of his Supreme Court career.
|Notorious RBG: The Life and Times of Ruth Bader Ginsburg
But nearly a half-century into her career, something funny happened to the octogenarian: she won the internet. Across America, people who weren’t even born when Ginsburg first made her name as a feminist pioneer are tattooing themselves with her face, setting her famously searing dissents to music, and making viral videos in tribute.
Notorious RBG, inspired by the Tumblr that amused the Justice herself and brought to you by its founder and an award-winning feminist journalist, is more than just a love letter. It draws on intimate access to Ginsburg’s family members, close friends, colleagues, and clerks, as well an interview with the Justice herself. An original hybrid of reported narrative, annotated dissents, rare archival photos and documents, and illustrations, the book tells a never-before-told story of an unusual and transformative woman who transcends generational divides. As the country struggles with the unfinished business of gender equality and civil rights, Ginsburg stands as a testament to how far we can come with a little chutzpah.
|Owning the World of Ideas: Intellectual Property and Global Network Capitalism
Formally, ownership of ideas is legally impossible, and can never be globally secured. Yet, in very real and significant ways these limits have been undone. In principle, ideas cannot be owned, yet, undoing the distinction between ideas and tangible manifestations, the distinction which underpins the principle, allows the principle to hold even whilst its meaning is hollowed out.
Post-Cold War global network capitalism is premised upon regulatory structures designed to enforce deregulation in global markets and production, but at the same time to enforce global regulation of property and intellectual property in particular. However, this roll-out has not been without resistance and limitations. Globalization, the affordances of digital networks, and contradiction within capitalism itself – between private property and free markets – promote and undo global IP expansion.
In this book David and Halbert map the rise of global IP protectionism, debunk the key justifications given for IPRs, dismiss the arguments put forward for global extension and harmonization; and suggest that roll-back, suspension, and even simply the bi-passing of IP in practice offer better solutions for promoting innovation and meeting human needs.
|Pregnant with the Stars: Watching and Wanting the Celebrity Baby Bump
Cramer, Renée Ann
This book charts how the American understanding of pregnancy has evolved by examining pop culture coverage of the pregnant celebrity body. Investigating and comparing the media coverage of pregnant celebrities, including Jennifer Garner, Angelina Jolie, Beyoncé Knowles, Kristen Bell, M.I.A., Jodie Foster, and Mila Kunis, Renée Cramer shows us how women are categorized and defined by their pregnancies. Their stories provide a paparazzi-sized lens through which we can interpret a complex set of social and legal regulations of pregnant women.
Cramer exposes how cultural ideas like the “rockin’ post-baby body” are not only unattainable; they are a means of social control. Combining cultural and legal analysis, Pregnant with the Stars uncovers a world where pregnant celebrities are governed and controlled alongside the recent, and troubling, proliferation of restrictive laws aimed at women in the realm of reproductive justice and freedom. Cramer asks each reader and cultural consumer to recognize that the seeing, judging, and discussion of the “baby bump” isn’t merely frivolous celebrity gossip—it is an act of surveillance, commodification, and control.
|Public Spaces, Marketplaces, and the Constitution: Shopping Malls and the First Amendment
In spite of their public attractions and millions of visitors, most shopping malls are now off-limits to free speech and expressive activity. The same may be said about many other public spaces and marketplaces in American cities and suburbs, leaving scholars and other observers to wonder where civic engagement is lawfully permitted in the United States. In Public Spaces, Marketplaces, and the Constitution, Anthony Maniscalco draws on key legal decisions, social theory, and urban history to demonstrate that public spaces have been split apart from First Amendment protections, while the expression of political ideas has been excluded from privately owned, publicly accessible malls. Today, the traditional indoor suburban shopping mall, that icon of modern American capitalism and culture, is being replaced by outdoor retail centers. Yet the law and courts have been slow to catch up. Maniscalco argues that scholars, students, and the public must confront these innovations in commercial design and consumer practices, as well as what they portend for contemporary metropolitan America and its civic spaces.
|The Responsibility to Prevent: Overcoming the Challenges of Atrocity Prevention
KZ4082 .R473 2015
Among the constitutive elements of the ‘responsibility to protect’ (R2P), prevention has been deemed by many as the most important. Drawing on contributions from an international group of academics and practitioners, this book seeks to improve our knowledge of how to operationalize the responsibility to prevent genocide, crimes against humanity, war crimes, and ethnic cleansing.
The central argument is that the responsibility to prevent should be conceptualized as crimes prevention. The first part of the volume develops a strategic framework, which includes identifying the appropriate scope and substance of R2P’s preventive dimension and distinguishing between ‘systemic’ and ‘targeted’ approaches. The second section examines some of the tools that can be used, and have been used, to prevent the escalation of dynamics towards the commission of atrocity crimes (tools such as sanctions, mediation, international criminal justice, and the use of military means), as well as the operational challenges that tend to obstruct global efforts to prevent such crimes. The third and final section draws lessons from actual cases of preventive action, both historical and recent, about the relative success of particular tools and approaches.
As the first edited collection of its kind, devoted exclusively to the preventive dimension of R2P, The Responsibility to Prevent intends to inform and shape the growing debate on how to approach atrocity crime prevention and how to build the capacities needed to implement the imperatives at the heart of R2P.
|The Right to Be Loved
Liao, S. Matthew
S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child’s right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole.
This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children’s rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights.
|The Rio Declaration on Environment and Development: A Commentary
K3585 .R56 2015
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation.
This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over twenty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle’s travaux preparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
|Sex, Slavery and the Trafficked Woman: Myths and Misconceptions about Trafficking and Its Victims
Sex, Slavery and the Trafficked Woman is a go-to text for readers who seek a comprehensive overview of the meaning of ‘human trafficking’ and current debates and perspectives on the issue. It presents a more nuanced understanding of human trafficking and its victims by examining – and challenging – the conventional assumptions that sit at the heart of mainstream approaches to the topic. A pioneering study, the arguments made in this book are largely drawn from the author’s fieldwork in Ukraine, Vietnam and Ghana. The author demonstrates to readers how a law enforcement and criminal justice-oriented approach to trafficking has developed at the expense of a migration and human rights perspective. She highlights the importance of viewing trafficking within a broad spectrum of migratory movement. The author contests the coerced, female victim archetype as stereotypical and challenges the reader to understand trafficking in an alternative manner, introducing the counterintuitive concept of the ‘voluntary victim’. Overall, this text provides readers of migration and development, gender studies, women’s rights and international law a comprehensive and multidisciplinary analysis of the concept of trafficking.
|Truth Overruled: The Future of Marriage and Religious Freedom
Anderson, Ryan T.
In the first book to respond to the Supreme Court’s decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition.
Attacks on religious liberty–predicated on the bogus equation of opposition to same-sex marriage with racism–have already begun, and modest efforts in Indiana and other states to protect believers’ rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty.
Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone.
|Unjust Deeds: The Restrictive Covenant Cases and the Making of the Civil Rights Movement
Gonda, Jeffrey D.
In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African Americans and other minority groups through the use of legal instruments called racial restrictive covenants–one of the most pervasive tools of residential segregation in the aftermath of World War II. Over the next three years, local activists and lawyers at the NAACP fought through the nation’s courts to end the enforcement of these discriminatory contracts.
Unjust Deeds explores the origins and complex legacies of their dramatic campaign, culminating in a landmark Supreme Court victory in Shelley v. Kraemer (1948). Restoring this story to its proper place in the history of the black freedom struggle, Jeffrey D. Gonda’s groundbreaking study provides a critical vantage point to the simultaneously personal, local, and national dimensions of legal activism in the twentieth century and offers a new understanding of the evolving legal fight against Jim Crow in neighborhoods and courtrooms across America.