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Padideh Ala'i
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Jonathan B. Baker and Robert Pitofsky
This book chapter (forthcoming in Antitrust Stories) tells the story of the FTC's successful 1997 effort to block the proposed Staples/Office Depot merger. It describes the competing presentations of the FTC and the merging firms during the preliminary injunction hearing and places that trial in a broader context.
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Michael W. Carroll
Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law that will grow in importance in the coming years.
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Lewis Grossman
This chapter, new in the third edition, concerns how Congress, the Food and Drug Administration, and the courts have treated the definitions of "food," "drug," "cosmetic," "device," and "human biological product." The scope of FDA's power is delineated almost entirely by the list of product categories over which it has jurisdiction. As the materials in this chapter show, the product definitions are strikingly broad and thus confer jurisdiction over a vast range of goods. Furthermore, the definitions are remarkably plastic, providing FDA with great flexibility to decide whether and how to regulate products. Sometimes FDA has interpreted the definitions expansively, so as to expand its power. On other occasions, the agency has construed the definitions narrowly, so as to avoid taking responsibility for products it does not want to regulate or to minimize the burdensomeness of the requirements it does impose.
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Rebecca Hamilton and Chad Hazlett
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Billie Jo Kaufman
Chapter X covers the areas of public relations and marketing which law libraries need to support the library's mission and effectiveness within the law school community.
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Fernanda Nicola
There are two progressive scholarly perspectives on the harmonization of law within the European Union (EU). Both focus on the constitutionality of European institutions and the legitimacy of their decision-making processes. The constitutional asymmetry criticizes the EU institutional arrangement for prioritizing market objectives over social policy goals. The proceduralization perspective, on the other hand, celebrates Europeanization for enabling transnational deliberative democratic projects. Neither perspective, however, addresses the distributive consequences of the harmonization of European law and the indeterminacy of its socio-economic impact in local contexts. Through the analysis of several European Court of Justice (ECJ) judgments, this essay argues that jurists need a third progressive approach - one that attempts to take into account both the uneven distributive impact of harmonization in a multi-level system of governance and the distributive consequences of harmonized private law rules.
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Diane Orentlicher
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Robert Dinerstein
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Camille Nelson
Unique in both scope and perspective, Calling for Change investigates the status of women within the Canadian legal profession ten years after the first national report on the subject was published by the Canadian Bar Association. Elizabeth Sheehy and Sheila McIntyre bring together essays that investigate a wide range of topics, from the status of women in law schools, the practising bar, and on the bench, to women's grassroots engagement with law and with female lawyers from the frontlines. Contributors not only reflect critically on the gains, losses, and barriers to change of the past decade, but also provide blueprints for political action. Academics, community activists, practitioners, law students, women litigants, and law society benchers and staff explore how egalitarian change is occurring and/or being impeded in their particular contexts. Each of these unique voices offers lessons from their individual, collective, and institutional efforts to confront and counter the interrelated forms of systemic inequality that compromise women's access to education and employment equity within legal institutions and, ultimately, to equal justice in Canada.
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Diane Orentlicher
The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other.
The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field.
"This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs
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Brenda V. Smith, Nairi M. Simonian, Jaime Yarussi, and Russ Immarigeon
Discover what professionals around the country are doing to improve interventions—and outcomes—for female offenders …
For many years, sentenced women were ignored or neglected, locked up in male surroundings, or lost among caseloads of men. Today, however, there are systemic approaches and interventions designed especially to meet the needs of this population. Women and Girls in the Criminal Justice System provides essential practice guidance for professionals who deal with the problems of female offenders—criminal justice policymakers … correctional administrators … probation and parole officials … ATI program administrators … vocational program agency heads … social workers … mental health clinicians … judges.
This authoritative guide from the editor of Women, Girls & Criminal Justice distills the best thinking of leading practitioners and researchers—all in a convenient single resource that puts a wealth of information within easy reach.
- Gender-specific classification and risk assessment tools
- Alternatives to incarceration
- Effective programs for incarcerated mothers--and their children
- Juvenile justice approaches and programs that work best with girls
- Drug treatment issues for women offenders
- Health and mental health care concerns
- Ideas for re-entry and aftercare
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Paul Williams and Catherine Croft
This book makes the case for the independence of Kosova – the former province of 'old-Yugoslavia' and now temporarily a United Nations-led International protectorate – at a time in which international diplomacy is deeply involved in solving the contested issue of its 'Final Status'. The aim of the book is to counteract the anti-Albanian propaganda waged by some parties, but never to propose a counter-propaganda hostile to others or to the goals of a democratic Kosova.
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Paul Williams and Jennifer Ober
This book makes the case for the independence of Kosova – the former province of 'old-Yugoslavia' and now temporarily a United Nations-led International protectorate – at a time in which international diplomacy is deeply involved in solving the contested issue of its 'Final Status'. The aim of the book is to counteract the anti-Albanian propaganda waged by some parties, but never to propose a counter-propaganda hostile to others or to the goals of a democratic Kosova.
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Kenneth Anderson and David Rieff
American University, WCL Research Paper No. 2008-69 Abstract: The editors of the leading yearbook of global civil society studies offered to the authors of this article an opportunity to present a skeptical account of global civil society as the opening chapter in the 2004/5 yearbook. The article examines the standard account of global civil society as the transnational equivalent, in a globalized world, of civil society in a domestic society, and further as, in Kofi Annan's oft-repeated view, international NGOs as the representatives of the peoples of the world to international organizations such as the UN. The article attacks this standard view, arguing that the analogy between transnational NGOs and civil society organizations in a domestic democratic society is fatally flawed. Civil society does not act as the representative of citizens to a domestic democratic state, because citizens also vote; their democratic claims are not intermediated exclusively or even primarily by civil society organizations, but directly at the ballot box. International organizations are undemocratic and will always be that way, and international NGOs, for their part, cannot "represent" the peoples of the world and cannot substitute for democracy. The article then asks why international NGOs and international organizations such as the UN have so aggressively adopted the ideologically-laden language of civil society. The authors argue that this ideologically elevated language of civil society offers legitimation to each party - undemocratic international organizations gain faux-democratic legitimacy from international NGOs claimed to represent the peoples of the world, while NGOs gain legitimacy, access, and status as the people's representatives in global governance. The system nonetheless remains undemocratic and, the article suggests, undermines commitment to actual democracy by substituting values of human rights for democracy. The authors conclude by calling on international NGOs to give up faux-claims of representativeness and a promised role in global governance in favor of a return to narrower missions, discrete tasks, and measurement of success based on competence and efficiency. The article is a sharp attack upon inflated claims for global civil society, international organizations, and global governance.
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Robert Dinerstein, Laurie Powers, and Steve Holmes
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Walter Effross
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Brenda Smith, Natalie J. Sokoloff, Carolyn West, Ida Dupont, Christina Pratt, Rhea Almeida, Judith Lockard, Leti Volpp, Kathryn Laughon, Michelle Fine, Rosemarie Roberts, Lois Weis, Andrea Smith, and Beth Richie
"This is a thoughtful and scholarly addition to the unfortunately scarce literature on domestic violence and oppression in all its forms."—Jacquelyn C. Campbell, Anna D. Wolf Chair, Johns Hopkins University School of Nursing"
An exciting and powerful collection that eloquently critiques some of the current thinking in domestic violence and raises key concerns for advocates and scholars working in the area."—Sujata Warrier, president, board of directors, Manavi: An organization for South Asian women
"Sokoloff has assembled an impressive array of authors who challenge us to `think outside of our contemporary domestic violence box.'"—Angela M. Moore Parmley, chief, violence and victimization research division, National Institute of Justice
This groundbreaking anthology reorients the field of domestic violence research by bringing long-overdue attention to the structural forms of oppression in communities marginalized by race, ethnicity, religion, sexuality, or social class.
Reprints of the most influential recent work in the field as well as more than a dozen newly commissioned essays explore theoretical issues, current research, service provision, and activism among Latinos, African Americans, Asian Americans, Jewish Americans, and lesbians. The volume rejects simplistic analyses of the role of culture in domestic violence by elucidating the support systems available to battered women within different cultures, while at the same time addressing the distinct problems generated by that culture. Together, the essays pose a compelling challenge to stereotypical images of battered women that are racist, homophobic, and xenophobic.
The most up-to-date and comprehensive picture of domestic violence available, this anthology is an essential text for courses in sociology, criminology, social work, and women's studies. Beyond the classroom, it provides critical information and resources for professionals working in domestic violence services, advocacy, social work, and law enforcement.
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William Snape
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Kenneth Anderson and David Rieff
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