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Explores the political and social consequences of establishing a new legal system in the wake of violent conflict.
Following significant changes in the legal profession since the 1980s, how do new organizational forms and actors at the edge of the law impact upon our understanding of the changing nature of the core values of mainstream legal professionalism? This methodological approach brings together a series of case studies built on original empirical research and focuses on those operating at the margins of legal professionalism in England and Wales. Also including comparative material on the US and Canada, the issues discussed are relevant for common law countries more generally and the analysis reveals the ways in which an increasingly fluid, fragmented and heterogeneous legal profession is responding to the challenges it faces in the early twenty-first century.
Following significant changes in the legal profession since the 1980s, how do new organizational forms and actors at the edge of the law impact upon our understanding of the changing nature of the core values of mainstream legal professionalism? This methodological approach brings together a series of case studies built on original empirical research and focuses on those operating at the margins of legal professionalism in England and Wales. Also including comparative material on the US and Canada, the issues discussed are relevant for common law countries more generally and the analysis reveals the ways in which an increasingly fluid, fragmented and heterogeneous legal profession is responding to the challenges it faces in the early twenty-first century.
Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Were 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.
The Edge of Law explores the spatial implications of establishing a new legal institution in the wake of violent conflict. Using the example of the establishment of the War Crimes Chamber of the Court of Bosnia and Herzegovina, Alex Jeffrey argues that legal processes constantly demarcate a line of inclusion and exclusion: materially, territorially and corporally. In contrast to accounts that have focused on the judicial outcomes of these transitional justice efforts, The Edge of Law draws on long-term fieldwork in Bosnia and Herzegovina to focus on the social and political consequences of the trials, tracing the fraught mechanisms that have been used by international and local political elites to convey their legitimacy. This book will be of interest to socio-legal and geographical scholars working in the fields of transitional justice, legal systems, critical geopolitics and criminology.
Every few years a book changes the way people think about a field. In psychology there is Daniel Goleman's Emotional Intelligence. In science, James Gleick's Chaos. In economics and finance, Burton Malkiel's A Random Walk Down Wall Street. And in business there is now Surfing the Edge of Chaos by Richard T. Pascale, Mark Millemann, and Linda Gioja. Surfing the Edge of Chaos is a brilliant, powerful, and practical book about the parallels between business and nature -- two fields that feature nonstop battles between the forces of tradition and the forces of transformation. It offers a bold new way of thinking about and responding to the personal and strategic challenges everyone in business faces these days. Pascale, Millemann, and Gioja argue that because every business is a living system (not just as metaphor but in reality), the four cornerstone principles of the life sciences are just as true for organizations as they are for species. These principles are: Equilibrium is death. Innovation usually takes place on the edge of chaos. Self-organization and emergence occur naturally. Organizations can only be disturbed, not directed. Using intriguing, in-depth case studies (Sears Roebuck, Monsanto, Royal Dutch Shell, the U.S. Army, British Petroleum, Hewlett Packard, Sun Microsystems), Surfing the Edge of Chaos shows that in business, as in nature, there are no permanent winners. There are just companies and species that either react to change and evolve, or get left behind and become extinct. Some examples: Parallels between Yellowstone National Park and Sears show why equilibrium is a dangerous place in both nature and business. How Monsanto used a "strange attractor" to move to the edge of chaos to alter its identity and transform its culture. The unlikely story of how the U.S. Army embraced the ideas of self-organization and emergence. Why the misapplication of linear logic (reengineering a business or attempting to eradicate predators in nature) will inevitably fail. The stories in Surfing the Edge of Chaos are of pioneering efforts that show how the principles of living systems produce bottom-line impact and profound transformational change. What's really striking about them, though, is their reality. They are about success and failure, breakthroughs and dead-ends. In short, they are like the business you are in and the challenges you face.
This is a comprehensive, introductory criminal law textbook that expands upon traditional concepts and cases by coverage of the most contemporary topics and issues. Contemporary material, including terrorism, computer crimes, and hate crimes, serves to illuminate the ever-evolving relationship between criminal law, society and the criminal justice system's role in balancing competing interests. The case method is used throughout the book as an effective and creative learning tool.Features include:" vignettes, core concepts, 'Cases and Concepts', 'You Decides, excerpts from state statutes, 'legal equations' and Crime in the News boxes" fully developed end-of-chapter pedagogy includes review questions, legal terminology and 'Criminal Law on the Web' resources" instructor resources (including PowerPoint slides, a computerized testbank and classroom activities) and a Student Study Site accompany this text