The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.
This wide-ranging resource provides an authoritative overview of the criminal justice system in America, including its history, legal and philosophical foundations, dimensions of racial and economic inequality, and insights into daily life inside America's complex court and correctional systems. Explore the origins and evolution of America's criminal justice system, the moral values and legal doctrines that shaped the nation's laws and prisons, and current problems, controversies, and reforms related to criminal justice. Profiles of leading figures in the field of criminal justice and social activism, related primary documents, suggestions for further reading and a detailed chronology are also included.
Democracy cannot be taken for granted, whether at home or internationally, and eternal vigilance (along with civic intelligence) is required to protect it. Approaching Democracy provides students with a framework to analyze the structure, process, and action of US government, institutions, and social movements. It also invites comparison with other countries. This globalizing perspective gives students an understanding of issues of governance and challenges to democracy here and elsewhere. At a moment of political hyper-partisanship, economic tensions, media misinformation, hyper-partisanship, and anxieties about the future of civil rights, this is the ideal time to introduce Approaching Democracy--a textbook based on Vaclav Havel’s powerful metaphor of democracy as an ideal and the American experiment as the closest approach to it--to a new generation of political science undergraduate students. NEW TO THE TENTH EDITION Updated to reflect the results of the 2022 midterm elections and explore the implications of Congressional redistricting, voting suppression, and voting rights legislation Covers the first two years of the Biden administration and provides a thorough retrospective on the Trump presidency—including updates on the January 6 Commission findings and the Justice department’s investigation into Trump’s alleged misappropriation of classified government documents Presents the developments on the Supreme Court including the appointment of its two newest justices and major recent decisions including controversial rulings on reproductive health, the separation of church and state, and the environment Explores the revival of NATO and other international alliances in the context of the Russian invasion of Ukraine New and updated material has also been provided regarding gun control, healthcare, labor rights, immigration, economic policy, COVID-19’s lingering impacts, and the ongoing struggle for social and racial justice in America
This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
The Essentials of Special Education Advocacy is a valuable tool for preservice and inservice special education professionals who seek to advocate for their students and their profession. Although significant progress has been made regarding the education of students with disabilities, much work remains. This book provides a framework and a step-by-step guide to systematically understand challenges and organize advocacy efforts for special education professionals to continue the historical progress and propel the next generation of change agents.
This book examines the phenomenon of Community Justice Centres and their potential to transform the justice landscape by tackling the underlying causes of crime. Marred by recidivism, addiction, family violence, overflowing courtrooms, crippling prison spending and extreme rates of incarceration, the criminal justice system is in crisis. Community Justice Centres seek to combat this by tackling the underlying causes of crime in a particular neighbourhood and working with local people to redesign the experience of justice and enhance the notion of community. A Community Justice Centre houses a court which works with an interdisciplinary team to address the causes of criminality such as drug addiction, cognitive impairment, mental illness, poverty, abuse and intergenerational trauma. The community thus becomes a key agent of change, partnering with the Centre to tackle local issues and improve safety and community cohesion. This book, based on research into this innovative justice model, examines case studies from around the world, the challenges presented by the model and the potential for bringing its learnings into the mainstream. This book will appeal to academics in law and criminology as well as psychology; it will also be of considerable interest to people working in the criminal justice system, including the police, government policy advisers, psychologists and social workers.
Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.
Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text teaches students how to deal with legislation and cases, focusing on core topics and contextualisation. This second edition has been thoroughly updated and revised, with significant changes including: six new chapters – First Peoples and the law, research, the ethical lawyer, statutory interpretation, lawyers and clients, becoming a lawyer – more coverage of parliaments and courts, new Living Law boxes that showcase the diverse career paths available to law graduates and new Critical Perspective boxes to engage students with critical analysis. Written in a conversational style, Learning Law will leave students feeling more knowledgeable about, and confident in, their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career.
In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the legal, conceptual and practical difficulties of dealing with sexual offences committed by military contingent personnel deployed on UN peace operations. Some of the inadequacies of current legal frameworks for dealing with such abuses are examined. The book addresses the difficulties with applying international humanitarian law, human rights law and/or international criminal law in this context, and the broader issue of state/international organization responsibility. The book proposes policy options to increase accountability both for perpetrators and for troop contributing nations otherwise indifferent to the crimes of their national contingents.
This book is an indispensable reference to current investigatory best practice for the purposes of enforcement in criminal and civil cases. This book presents the separate stages of investigation in the order in which you are most likely to require them, helping you to quickly and easily consult. In an easy-to-use guide, we will study the origin of law, our current system of law, and how this law is implemented at any given stage of an investigation.It also includes a list of various investigation and enforcement job roles. It is great for anyone wanting a job in investigations or enforcement or for those who want a career move.The easy to follow stages and check sheets make it a great reference guide for any experienced officer.
An authoritative course text designed to provide a standalone resource for students. It contains a blend of carefully selected key cases, legislation and academic debate linked by substantial author commentary.
This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
Chock-full of information from The World Almanac for Kids, the books in this series provide stimulating puzzles and games that can be used as quick stand-alone activities or to reinforce classroom lessons. Each subject-specific section includes valuable background information along with brain teasers that develop a variety of skills and appeal to all types of learners.
Chock-full of information from The World Almanac for Kids, the books in this series provide stimulating puzzles and games that can be used as quick stand-alone activities or to reinforce classroom lessons. Each subject-specific section includes valuable background information along with brain teasers that develop a variety of skills and appeal to all types of learners.
Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
The sixth edition of Cases & Materials on International Law is a topical and engaging companion for study; placing international law directly in the context of contemporary debate. The book offers broad coverage of international law, and is an appropriate match for a range of courses and teaching styles.
Provides the answers to all the questions that can arise on the formation, operation and dissolution of Partnerships, LPs and LLPs as well as the answers to all questions that can arise in disputes between partners, ex-partners and outsiders. Fully revised and updated this new edition will include coverage of: - The introduction of the Private Fund Limited Partnership (PFLP) in 2017 - Application of discrimination law in the context of partnerships/LLPs: Seldon v Clarkson, Wright and Jakes; Tiffin v Lester Aldridge LLP; Bates v van Winklehof - Interpretation of partnership agreements, what amount to partnership assets and how they should be valued, in the context of the retirement or buy-out of a former partner: Drake v Harvey; Ham v Ham; Ham v Bell - The role, if any, of the doctrine of repudiation in the context of partnerships (Golstein v Bishop) and LLPs (Flanagan v Liontrust Management LLP) - What nature of “business” may constitute a partnership (Bhatti v HMRC) - Impact of changes made to the insolvency regime (including the Insolvency Rules 2016) on insolvency of partnerships and LLPs
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
Case Studies in Sport Law, Second Edition, provides students and legal professionals with specific examples and perspectives of some of the most significant cases in sport law in an accessible tone that is free of legal jargon.
Case Studies in Sport Law, Second Edition, provides students with specific examples and perspectives of some of the most significant cases in sport law in an accessible tone that is free of legal jargon. The text is an ideal companion for non-law students who are seeking clarity and context for legal issues commonly encountered in sport management and sport law settings. The 87 cases provide real-life applications for students and scholars of sport management. This updated second edition of Case Studies in Sport Law contains one new case study to provide a more contemporary example while maintaining the most significant precedent cases. The text is easily incorporated as a supplement to course studies, especially for its recommended companion text, Introduction to Sport Law, Second Edition. These two texts were designed with the other in mind, and the structures match each other in order of topics presented so that students can easily cross-reference the two to obtain the best understanding of sport law. The 87 cases in Case Studies in Sport Law have been carefully curated by a team of experts in the field and represent many of the multifaceted aspects of sport law. Some of the areas covered in the text are school districts, colleges and universities, interscholastic and recreational programs, professional sport franchises, sporting goods manufacturers and trademarks, and governing bodies. This broad approach encourages students to understand the impact of legal issues on the sport industry, including many of the areas that students are hoping to pursue as a career. Case Studies in Sport Law offers condensed versions of each case as opposed to the full legal proceedings, which enables students to grasp key concepts of the case instead of wading through legal jargon. The cases are divided into the main topics that are most prevalent in sport law courses: agency law, antitrust law, constitutional law, contract law, employment law, intellectual property, labor law, products liability, risk management, statutory law, Title IX, tort law, and the U.S. legal system. This is an easy-to-follow format that allows instructors and readers easy selection of cases based on the topic at hand. In addition to the abridged court cases, each section provides introductory information to prepare students on the type of law that will be examined and key concepts to bear in mind while reading. Further, each case study ends with review questions that can test student comprehension, be used for review, and prompt in-class discussions. Answers to these review questions are in the instructor guide, which is free to course adopters and available at www.HumanKinetics.com/CaseStudiesInSportLaw. Litigation and lawsuits in sport are increasing; therefore, managers and operators must maintain a thorough understanding of legal practices. Case Studies in Sport Law is the ideal text to supplement a sport management or sport law class and bolster student comprehension of sport law issues, and it is a supreme reference in the professional library of all practitioners in college, high school, professional, and recreational sport settings.
The amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Colombia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice. This title is included in Bloomsbury Professional's Family Law online service.
Female Gladiators' examines the legal and social history of the right of women to participate with men in contact sports. Despite several court rulings since the 1970s, many in American society resisted (and continue to resist) allowing girls in dugouts, forcing a group of school-age girls to go through legal proceedings.
From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of re
The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.
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