Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Doug and Kit Harding come across a terrible automobile accident on their way home. Inside the wrecked car is a dying FBI messenger with classified government documents who begs the Hardings, before he dies, to deliver the papers to his contact in Juarez.
Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Written by authors from South Square, consistently ranked in legal directories as the top set for insolvency and restructuring in the UK this book deals specifically with corporate administration and Company Voluntary Arrangements (CVAs) in the context of business recovery and rescue. The fourth edition has been fully revised and updated to include coverage and analysis of all case law developments as well as: - a new chapter on the UK government's proposed new Corporate Restructuring Plan - the new UK statutory pre-insolvency moratorium - the cross-border context for corporate administrations and rescue procedures post-Brexit - increased coverage of public sector special administration regimes This title is included in Bloomsbury Professional's Insolvency Law online service.
Master's Thesis from the year 2005 in the subject Law - European and International Law, Intellectual Properties, grade: 12 Points (magna cum laude), University of Mannheim, course: Master of Comparative Law (Mannheim/Adelaide), 84 entries in the bibliography, language: English, abstract: In some German states vomit-inducing medication is undertaken as a means to search and seize evidence in drug street dealings. Whenever a drug dealer swallows drugs upon arrest, a medical practitioner administers a so-called emetic which makes the suspect vomit and which allows the Police to seize the evidence. The thesis presents the legal basis and the constituent elements of this measure. It shows how the administration of the emetic takes place, where in Germany the method occurs and to what extent it is used. The thesis further compares the German measure to obtain evidence in cases of internal concealment with the Australian one. It shows that Australia, too, encounters problems of internal concealment and how Australian authorities react to such a challenge. The thesis moves on in examining whether the administration of a vomit-inducing medicament in order to obtain evidence is compatible with International Law. It scrutinises if the use of emetics is a means of torture and thus infringes the suspect's fundamental rights of human dignity and personal integrity. The thesis comes to the conclusion that the use of emetics does not amount to torture under Article 3 of the European Convention for the Protection of Rights and Fundamental Freedoms and Article 1 (1) of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
This book examines child abuse and neglect - the latest research and laws, what it entails, and how to recognize and report it. It considers up-to-date studies and methodology, encourages discussions and debate, and explains judicial rulings. Different forms of maltreatment - physical abuse, neglect, psychological maltreatment, sexual abuse, fetal abuse, and Munchausen by Proxy Syndrome - are explored, as are resilience and prevention. Discussion questions, a glossary, and profiles of people actively working in the field are included. This is an invaluable resource to workers who are mandated reporters of child maltreatment and/or anyone interested in the problem.
Seminar paper from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 15 Points, University of Mannheim, language: English, abstract: As stated in an article on the Human Rights Watch Homepage, in Afghanistan there “are currently no effective mechanisms in place to address past crimes committed during the two decades of war that followed the Soviet-backed coup in 1978” . But there is a need to examine what happened during this time to achieve justice and reconciliation which are necessary for a brighter future of the state. This paper will deal with transitional justice mechanisms which come to mind when thinking about a solution for Afghanistan. It will address the pros and cons of a Truth and Reconciliation Commission, a Hybrid Court, an International Ad Hoc Court, a Local Court, the International Criminal Court, Lustration, Amnesty, and a Constitution with entrenched Bill of Rights and come to a conclusion about which of these methods shall be favoured for the state of Afghanistan. In order to do so one has to bear in mind the specific circumstances of the country such as the ethnic makeup, the religions and languages of the people.
Child Abuse and Neglect examines the latest research on this important topic, discussing what it entails, how to recognize it, and how to report it. The book begins with an overview of child maltreatment including its history, a summary of the research, and the risk factors, before exploring issues of mandated reporting. It then considers different forms of maltreatment – physical abuse, neglect, psychological maltreatment, sexual abuse, fetal abuse, and Munchausen by Proxy Syndrome. The authors discuss incidence estimates and consequences, as well as resiliency, for each type of maltreatment, and then review legal issues including forensic interviewing. The book concludes by providing an overview of what happens to a child after a report is filed along with suggestions for preventing child maltreatment. This edition has been thoroughly updated throughout to cover the latest theory and research. Referencing the DSM-V, the book also features updated coverage of state and federal laws to reflect new legislation, and additional case studies covering real-world events such as the sexual abuse scandals within USA Gymnastics, the Boy Scouts of America, and the Southern Baptist Convention. Written with students in mind, the book features a wealth of engaging learning tools throughout, including: Theory Highlight boxes, Focus on Research boxes, Case Examples, Legal Examples, Focus on Law boxes, Discussion Questions, and Key Terms. It will be essential reading for all students taking courses on child abuse, child maltreatment, family violence, or sexual and intimate violence taught in psychology, human development, education, criminal justice, social work, sociology, women’s studies, and nursing. This book will also be an invaluable resource to workers who are mandated reporters of child maltreatment and/or anyone interested in the problem. This book is based on the legal system and the Child Protection System in the United States of America. It is accompanied by a set of online instructor resources.
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
This book examines child abuse and neglect - the latest research and laws, what it entails, and how to recognize and report it. It considers up-to-date studies and methodology, encourages discussions and debate, and explains judicial rulings. Different forms of maltreatment - physical abuse, neglect, psychological maltreatment, sexual abuse, fetal abuse, and Munchausen by Proxy Syndrome - are explored, as are resilience and prevention. Discussion questions, a glossary, and profiles of people actively working in the field are included. This is an invaluable resource to workers who are mandated reporters of child maltreatment and/or anyone interested in the problem.
Real Crime Cases From The United States | 14 Shocking Short Stories Taken From Real Life "Adrian's unsparing short stories are like the tragic storm that unexpectedly strikes. Before you know it, all he left behind is destruction. What remains are strong emotions, many questions and the feeling of being thrown back on what really matters in life." "Langenscheid's cool, clear short stories don't seem to aim for emotion, but precisely because of their brutal, matter-of-fact, neutral portrayal they are so incredibly shocking." TRUE CRIME USA – REAL CRIME CASES FROM THE UNITED STATES Cold blooded murders, fatal family dramas, and a spectacular robbery. It's no secret that True Crime is not for the faint-of-heart. These true and authentic criminal cases tell the stories of people known to us - friendly neighbours, devoted parents and/or loving partners. This book is about the people behind their bourgeois façade, where unspeakably deep human abysses exist that nobody, not even those closest to them, would have thought was possible. In his second book "TRUE CRIME USA"", one of Germany's bestselling true crime authors, Adrian Langenscheid once again documents the real crimes from real neighbourhoods. This time, the tales originate from the United States of America. Crimes that actually happened - you will be captivated and shocked, amazed and moved to tears. Shaken to the core, you will question everything you think you know about human nature. Even investigators, judges, defense lawyers and public prosecutors are not immune to the fact that these defendants are on trial for particularly horrific acts. The heartbreaking fates of the victims and their relatives are gradually exposed. In an ideal world, the final verdict ensures the just punishment of the perpetrators - but what punishment is truly-just in the face of such cruel reality? In fourteen true crime short stories, you will get to know some of the most-spectacular American true crime cases of the last few decades. Crimes such as murder, manslaughter, kidnapping, abuse, fraud, treason and robbery often involve "people like you and me" whose lives have suddenly and completely changed from one day to the next due to tragic circumstances. Life writes the most horrific stories and this book sums them up. Immerse yourself in the shocking world of true crime cases and real crimes! True Crime USA.
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
The source of this data is a wide range of records held at the Maryland State Archives, including patented tracts of land, names of persons involved in court cases, persons who owed fees or fines to the court and persons who received payments from the cou
Stefanie Gänger explores how medical knowledge was shared across societies tied to the Atlantic World between 1751 and 1820. Centred on Peruvian bark or cinchona, Gänger shows how that remedy and knowledge about its consumption – formulae for bittersweet, 'aromatic' wines, narratives about its discovery or beliefs in its ability to prevent fevers – were understood by men and women in varied contexts. These included Peruvian academies and Scottish households, Louisiana plantations and Moroccan court pharmacies alike. This study in plant trade, therapeutic exchange, and epistemic brokerage shows how knowledge weaves itself into the fabric of everyday medical practice in different places.
Seminar paper from the year 2004 in the subject Law - Miscellaneous, grade: Good, University of South Australia, course: Comparative Native Title: Australia and Canada, language: English, abstract: “Extinguished is a Latin word. Something is inflamed or on fire, and it is put out. Silenced. It means to blot out of existence. To totally do away with; to annihilate, cut off, bring to an end. To kill. The word is related to extinct. That which has ceased to burn or shine. Vanished. Without progressive succession. Having no living representative. There is a vast emptiness.” The forementioned statement is a quote from Leslie Hall Pinder, a lawyer who represented the claimants in the famous Canadian aboriginal land rights case of Delgamuukw v British Columbia . It is part of a speech Pinder delivered to the British Columbia Library Association Annual General Meeting in April 1991 after the judgment of first instance was handed down by Chief Justice McEachern. The quote introduces the reader to extinguishment, especially the extinguishment of aboriginal rights and interests and thus to the topic of this research paper. This essay concentrates on two countries: Australia and Canada, and compares their law in relation to extinguishment of aboriginal rights and interests. First, it examines how these two countries approach the subject. Then, the paper draws a conclusion as to the question of similarities and differences between Australian and Canadian law.
Essay from the year 2008 in the subject English Language and Literature Studies - Linguistics, grade: 1, University of Marburg (Fremdsprachliche Philologien), course: Academic Writing, language: English, abstract: The question whether capital punishment should be practiced as a penalty for criminals has for a long time been a controversial topic because it concerns people worldwide. It is debatable whether methods of punishment such as the death penalty are an ethical solution to crime.
Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.
Seminar paper from the year 2004 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 14 Points, University of Mannheim, language: English, abstract: In the following seminar paper I will deal with the body search and physical examination of the accused, the privilege against self-incrimination, and the consequences of illegally obtained evidence in German Criminal Law. In the main part, I will start with the presentation of the sections in the German Code of Criminal Procedure (GCCP) which lay down the provisions concerning the body search and the physical examination of the suspect in criminal proceedings. This will be followed by the requirements the fore-mentioned sections list in order to lawfully obtain evidence. Afterwards I will show different examples that fall under the one or the other and will so develop the differences between these two norms. Then, I will move on with the privilege against self-incrimination. I will show how this privilege is guaranteed in German Law and if it is violated with regard to body search and physical examination of the accused. In additional to this, I will also deal with the consequences of illegally obtained evidence with regard to such searches and examinations of the suspect. In the end, a brief conclusion shall sum up the fore-mentioned findings and ideas.
Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Written by authors from South Square, consistently ranked in legal directories as the top set for insolvency and restructuring in the UK this book deals specifically with corporate administration and Company Voluntary Arrangements (CVAs) in the context of business recovery and rescue. The fourth edition has been fully revised and updated to include coverage and analysis of all case law developments as well as: - a new chapter on the UK government's proposed new Corporate Restructuring Plan - the new UK statutory pre-insolvency moratorium - the cross-border context for corporate administrations and rescue procedures post-Brexit - increased coverage of public sector special administration regimes This title is included in Bloomsbury Professional's Insolvency Law online service.
Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: very good, University of South Australia, course: Comparative Law, language: English, abstract: Drugs have always been and will continue to be a vice of human society. They cause “harm to [both] users [and] their families”, are a danger to the users’ health, and impose enormous costs on society, especially on the public health system. Moreover, a correlation between the use of drugs and other crimes can be found (drug-crime nexus) because their addiction often forces users to commit other offences in order to finance their habit (drugs-related crime). Therefore, drugs can be looked at as a threat to the welfare of community. Although changing attitudes and/or recreational activities might alter which kind of drug is favoured the most at the time being, the core problem stays the same over time. Therefore, how to deal with drug crimes and related issues is a topic that remains contemporary and is always worth considering. The following research paper examines drug law enforcement measures in cases of street dealings in both Australia and Germany. But first, it is necessary to give a brief general overview over the differences between the two legal systems with regard to drug offences and their enforcement.
This book explores the decision of Grand Duke Cosimo I de' Medici to create a ghetto in Florence, and explains how a Jewish community developed out of that forced population transfer.
Actress turned sleuth Charlotte Graham knew she was supposed to use her vacation to write her much anticipated autobiography. But since Charlotte was never good at sitting still even a minute, she jumped at the chance to investigate a mysterious murder on the Knife Edge trial.
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