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Articles in this issue include: Licensed to Kill? An Analysis of the Standard for Assessing Law Enforcement's Criminal Liability for Use of Deadlly Force; Duty, Foreseeability, and Montemayor v. Sebright Products, Inc.; The Problems of Expanding Landlord-Tenant Law in Minnesota Through Use of Legal Fiction; The Process of Peace: Using Community Dispute Resolution to Improve the Relationship Between Police and Community in Minnesota; When is a Right Not a Right?: Quallified Immunity After Pearson; Challenges in Compensating Employees in Cryptocurrencies.
Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of ‘alternative justice’ and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.
The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
This volume is the first comprehensive empirical examination of the premises and effects of sex offender registration and notification laws.
Through the broad lens of political economy and centred around education reform policy, this essential book provides an in-depth analysis of the current state of American public education and the impact of Covid-19 on calls for change. Drawing upon evidence from nations that routinely outperform America, this text proposes a more holistic approach to accountability and improvement within the American public education system. Chapters explore the issues faced by the current American public education system and proposes potential solutions, including: the role of government as provider of education services; liberty, democracy, and freedom and the ability of parents to control their child’s education; growing frustration with schools, public policies surrounding Covid and other potential crises; and how these concerns will impact the school choice movement. This is an important read for researchers and postgraduate students in education, teachers, parents, public policy makers and appointed government officials who wish to improve the quality of public education. Whether for or against school choice, this book will leave you better informed on current issues of American public education.