How American Politics Works
Philosophy, Pragmatism, Personality and Profit
American politics is criticized and belittled by media critics and the public, yet the system is held out as a model for the world. The paradox of this simultaneous cynicism and adulation is rooted in the conflict between the human motives that drive politics. Crisply and clearly written with numerous historical examples, How American Politics Works explains the complex and sometimes confusing American political system in a vibrant and accessible light. Documented with recent and historical scholarship presented clearly in laymen’s terms, How American Politics Works explores the multiple dimensions…
American politics is a paradox of cynicism and adulation. This book explains the system’s complex inner workings through the “four Ps”: Philosophy, Pragmatism, Personality, and Profit—the constant clash between high ideals and self-interest.
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The Collectio Avellana (CA) has an extraordinary richness and variety of content. Imperial rescripts, reports of urban prefects, letters of bishops, and exchanges of letters between popes and emperors, some of which only this compilation preserves, constitute an exceptional documentary collection for researchers of various sectors of antiquity. This volume is the first publication to reconstruct the history of this compilation through the fascinating questions that it poses to the scholar. There are essays on its general structure, and on some of the most singular texts preserved therein. Other papers…
The Collectio Avellana is an exceptional documentary collection from antiquity. This volume is the first to reconstruct its history, using a new approach to offer fresh hypotheses on the compilation’s origins, its author, and how it took shape.
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Recent years have seen social justice emerge as a powerful driver for work, both in law schools and the legal services sector. However, questions remain about how that term is understood and given meaning within the legal academy and beyond. This edited collection explores the meanings that have emerged and might subsequently be developed, together with a practical exploration of projects that have sought to bring the social justice agenda to life in law schools and in communities around the world. Over the course of eighteen chapters, this volume engages…
Over the course of eighteen chapters, this title engages with a range of social justice and legal education themes, including clinical legal education, innocence projects, access to justice, cause lawyering, LGBTQ identities, and sustainability in law schools.
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Critical Race Theory and the American Justice System
How Juries Wrestle with Racial Prejudice
When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives. Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors…
Critical Race Theory is skeptical of racial justice in the courtroom. Yet the guilty verdicts in the Floyd and Arbery cases offer a challenge to that view. This book uncovers how these landmark convictions were won and asks what they mean for America.
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Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not…
Crisis is the essence of labour law. As the COVID-19 pandemic creates a new reality, this volume critically reflects on the discipline. Using philosophical, sociological, and economic insights, it asks new questions to reconcile the past with the future of labour law.
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This book examines numerous skills of monetization on intellectual property rights for various industries, such as media and communication, display, transgenic technology, smart vehicle, virtual reality, on-line payment, robot and industry 4.0. These analyses are complimented by in-depth cases studies and demonstrations of how companies can profit from an integrated application of all kinds of intellectual property rights through patent licensing, technology alliance, litigation, merger and acquisition. Asset evaluation and market analysis with strategy planning are elaborated by experts from leading companies. Patent profile analysis to reveal the business strategy,…
Unlock the value of your intellectual property. Experts use in-depth case studies to reveal how companies profit from patent licensing, strategic litigation, and M&A. An essential guide for business leaders and IP law professionals navigating today’s competitive landscape.
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Gender Identity in International Law
A Certain Inconvenience
The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.
This book challenges prevailing narratives by refashioning gender identity as a belief. This reframing protects the conflicting rights of women, children, and LGB people, as well as the right of people to express a gender identity incongruent with their sex.
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The Sharing Economy
Legal Problems of a Permutations and Combinations Society
The sharing economy is just one of several possible expressions to designate the complex model of social and economic relationships based on the intensive use of digital technology. Constant permutations and combinations allow these relationships to be established through the intervention of a third party making traditional contractual positions flexible in such a way that today’s employee is tomorrow’s entrepreneur, or today’s consumer is tomorrow’s supplier of goods and services. The current legal framework is, in many respects, unable to accommodate such big changes and new legal regulations are required…
The sharing economy’s use of digital technology blurs traditional economic roles, but the legal framework is unable to cope. This book highlights where new regulations are required, with a focus on the Portuguese, Spanish, Italian, British and Brazilian contexts.
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Challenges of Human Rights in Latin America
Minutes of the Fourth Conference of Fundamental Rights
Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of law’s institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (RED–IDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges…
Latin America’s democratic process struggles to protect citizens’ rights due to weak institutions. This book presents minutes from the Inter-American Fundamental Rights Conference, exploring the consolidation of democracy, impeachment, freedom of information, and due process.
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Law and Medicine
A Practical Text
This book is a practical, up-to-date synopsis of issues affecting healthcare in the 21st century. The cases are real and practical for practicing physicians and attorneys. Focusing on case-based problems, from both clinical care and legal controversies, anyone in healthcare would benefit from reading this book. Chapters and topics include: medical malpractice, tort reform, health care reform, international law, agencies, including FDA, CDC, and CMS. There is an extensive discussion of ethical issues affecting medicine, including reproductive care, LGBTQ+ care, and end of life issues. The text was initially designed…
A practical, case-based guide to the legal and ethical issues in modern healthcare. Explore real controversies in medical malpractice, health reform, and ethical dilemmas like reproductive and end-of-life care. Essential for students and professionals in law and medicine.
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The Jurisprudence of Lord Denning
A Study in Legal History, in Three Volumes
The Jurisprudence of Lord Denning: A Study in Legal History consists of three volumes: Fiat Justitia: Lord Denning and the Common Law; The Last of England: Lord Denning’s Englishry and the Law and Freedom under the Law: Lord Denning as Master of the Rolls, 1962–1982. Each volume considers a different aspect of Lord Denning’s jurisprudence. Fiat Justitia is concerned with Lord Denning’s place in the common law tradition, as defined by Fortescue, Coke and Blackstone. Particular attention is paid to Lord Denning’s approach to the role of the Judge and…
This definitive trilogy explores the jurisprudence of Lord Denning, the 20th century’s most pivotal judge. It reveals his shaping of the common law, his view of English identity, and his response to an era of immense social change.
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One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less…
Despite his influence, sociologist Talcott Parsons’s extensive analysis of law has been largely neglected. This first-of-its-kind volume collects his writings on the U.S. legal system, providing a roadmap for thinking about contemporary social issues.
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Critical Race Theory and the Struggle at the Heart of Legal Education
A View from the Inside
This book is an examination of the reception of critical race theory (CRT) in America’s legal education system. Critical race theory has been roiling legal education since the aftermath of Obama’s presidency. The killings of unarmed Black people fueled Black Lives Matter (BLM) protests in law schools, which created a sense of urgency behind the plea for the law to do more to stop the killings of unarmed Black people. Some BLM-led protests called for faculty and administers to be fired if they didn’t act. There has been an…
As states legislate against teaching critical race theory, law schools are struggling to respond. How should legal education view CRT? This book seeks answers, encouraging a recommittal to the foundational beliefs of free speech, equality, and the due process of law.
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Women’s Rights after the Arab Spring
Buds without Flowers?
When protests erupted across the Middle East and North Africa (MENA) in 2011, the general view was that these events would bring forward the regeneration of democracy. They were also meant to represent the Spring of women’s fight for freedom and equality. As time passed, it became clear that the process of social and political changes necessary to tackle female issues would be a long one. The “Thahiris” and their equivalents did not prevail and, in the absence, or weakness, of political institutions, Islamic parties emerged. The urgent issue then…
The 2011 Arab Spring was meant to be a new dawn for women’s freedom, but the rise of Islamic parties created a new challenge. This book analyzes post-2011 constitutional reforms to ask: how can women’s demands be reconciled with new political establishments?
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Forensic Psychiatry
Clinical and Ethical Approaches
This book provides an update on the current scenario of practice, teaching and research in forensic psychiatry, bringing important changes with the advent of the eleventh edition of the International Classification of Diseases. It covers criminal and civil topics, also addressing delicate and controversial issues, such as the theme of chemical castration. It is addressed not only to forensic psychiatrists, but also to clinical psychiatrists, residents of psychiatry, psychologists and legal practitioners.
This book provides an update on forensic psychiatry, incorporating changes from the ICD-11. It covers criminal and civil topics, addressing controversial issues like chemical castration. It is for psychiatrists, psychologists, and legal practitioners.
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Exiting the European Union
Legal Procedure, Dimensions and Implications
Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it…
This book provides a detailed discussion of the legal process for a Member State’s exit from the EU. It covers voluntary withdrawal like Brexit, forced expulsion, and secession. A relevant read for anyone interested in what the future holds for European integration.
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Fundamentals of Neuroscience and the Law
Square Peg, Round Hole
What does neuroscience tell us about voluntary movement? Why is the definition of “volition” so different from that of the legal definition of “intent”? Why are courts dismissing medically accepted mental health diagnoses? How can we draft better laws that are more scientifically based? What can recent advances in neuroscience tell us about the way we apply the law? This volume provides groundbreaking insights into the areas of scientific evidence and the intersection of neuroscience and law, and is the product of a collaboration by two experts in their respective…
What can neuroscience tell us about legal concepts like intent? This groundbreaking volume explores the intersection of neuroscience and law, from voluntary movement to scientific evidence in the courtroom. A primer for all those interested in neurolaw.
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This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There…
This book examines the civil liabilities of corporations for torts and breaches of international and human rights law. It illustrates how legal principles, such as the duty of care, can be applied to promote corporate accountability and resolve human rights abuses issues.
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Environmental justice and social justice are well established concepts in social research. This book goes beyond the established discourse to show how Geographic Information Systems can unveil higher levels of spatial unfairness when both forms of injustice coincide in the same place. Territorial injustice is the result of the disproportionately higher exposure of vulnerable communities to pollution and environmental risks. Overlapping layers of georeferenced environmental and social information generate maps depicting territorial injustice which can be a powerful tool to facilitate social dialogue and prompt policy change. This…
This book shows how Geographic Information Systems unveil territorial injustice: the disproportionately higher exposure of vulnerable communities to pollution. Using case studies from ten Latin American countries, it demonstrates how law and GIS can build fairer public policies.
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Legal Issues in the Digital Economy
The Impact of Disruptive Technologies in the Labour Market
It is a matter of fact that technological innovation is deeply impacting on our culture, society, economy and labour market. The massive and widespread use of Artificial Intelligence and the strengthening of the collaborative economy (also known as ‘gig’ or ‘platform’ economy) are blurring the traditional legal categories and creating new requirements for protection for employed and self-employed workers. This book represents a tool to understand where we are and where we are going, focusing on old and new legal categories and labour market policies. The chapters included…
Artificial Intelligence and the collaborative economy are blurring traditional legal categories and creating new requirements for worker protection. This book analyzes the ongoing changes, challenges, and opportunities from a European Union law perspective.
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