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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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Claudio Grossman
Book Description: Seventy Years of the International Law Commission: Drawing a Balance for the Future brings together voices from academia and practice to celebrate and critically evaluate the work of the United Nations International Law Commission (ILC) over the past seventy years. The edited volume draws on the events commemorating the seventieth anniversary of the Commission, which took place in New York and Geneva in May and July 2018. At a time when multilateral law-making has become increasingly challenging, the edited volume appraises the role of one the most important driving forces behind the codification of international law and discusses the ILC’s future contribution to the development of international law.
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Jonathan Baker
This book offers a timely and critical evaluation of the Chicago School approach to antitrust law. Recent judgements by the United States Supreme Court (in cases such as Kodak) and the debate surrounding the Microsoft monopoly have led to the view that antitrust has entered the post-Chicago era, in which previous immoderations are tempered, and more refined and accurate analyses take precedence. This claim is made at a time when European competition policy is gradually embracing an economics-based approach. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights. Although the book makes no claim to provide a definitive answer to the host of questions arising from the complexities of antitrust, it does offer an important contribution to a better understanding of the many interfaces between economic thinking and sound legal policy.
More than 20 years on from the initial successes of the Chicago School, this book provides a timely appraisal of developments in antitrust law. It will be an enlightening and challenging read for a host of academics, practitioners and policymakers including industrial and political economists, lawyers, regulators and corporate strategists.
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Angela J. Davis
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David Hunter
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Diane Orentlicher
The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability.
This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups? -
Diane Orentlicher
The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability.
This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups? -
Kenneth Anderson
Abstract for the book:Christopher Hitchens, provocateur and contrarian on the Left, makes the news as often as he reports it, and writes about the most controversial news and current events. Christopher Caldwell is a fresh and objective columnist in the opposite camp. Together, they present the best writing from opposite corners of the political ring at the end of the last century. These incisive observers examine each other's choices and discuss in separate introductions just what they think of the picks.
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Jonathan Baker
Richard Posner is a central figure in the generation of brilliant lawyers and economists who created the Chicago school of antitrust. Since the first edition of Posner’s Antitrust Law was published in 1976, most of the field has been transformed, in many respects along the very lines he proposed, and at times with a helpful decision from now—Judge Posner pushing that movement along. But horizontal merger law, while revolutionized by the Chicago school’s signature economic approach, has not changed in the precise manner Posner advocated a quarter century ago. Now, with the publication of the second edition of Antitrust Law, Posner finds himself in the position of a parent dispensing fatherly advice to an adult child who has assimilated the lessons of her upbringing but also has developed distinctive views of her own.
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David Hunter
The New Public: The Globalization of Public Participation, edited by ELI Senior Attorney Carl Bruch, takes a close look at the foundations of public involvement, and regional and international institutions that advance public involvement. The book, whose release coincides with the World Summit on Sustainable Development (WSSD) in Johannesburg, South Africa, highlights cases from Africa, the Americas, Europe, and Asia, illustrating the common need and experiences in promoting a core set of principles for public input in effective decisionmaking. The book highlights how public involvement is essential to the long-term success and sustainability of endeavors in a wide range of cultures, political systems, and levels of economic development.
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Ira Robbins
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William Snape
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William Snape, Mark Shaffer, Laura Hood Watchman, and Ingrid K. Latchis
As human populations and the resources required to support societies continue to grow, an increasing number of plant and animal species around the world are facing extinction. Given limited time, space, and money, how do we decide which management actions will be most effective to avert extinctions?
In this book, many of the world’s leading conservation and population biologists evaluate what has become a key tool in estimating extinction risk and evaluating potential recovery strategies—population viability analysis, or PVA. PVA integrates data on the life history, demography, and genetics of a species with information on environmental variability, using computer models ranging from simple measures of population growth rate to complex spatial simulations, to predict whether a given population will remain viable (i.e., not go extinct) under various management options. A synthetic and objective overview of the latest theoretical and methodological advances, Population Viability Analysis will be crucial reading for conservationists, land managers, and policy makers. -
Paul Williams
Thirty scholars and experts discuss and provide wide-ranging views on a variety of accountability measures: the establishment of ad hoc criminal tribunals for the Former Yugoslavia and Rwanda; truth commissions in South Africa and El Salvador; and lustration laws for the former Czechoslovakia and Germany after its reunification.
Also discussed are amnesty for previous crimes and accountability, post-conflict justice involving issues pertaining to the restoration of law and order, and the rebuilding of failed national justice systems.
In addition, the book also contains an important set of guidelines designed to achieve accountability and eliminate impunity. The guidelines with commentaries have been prepared by a distinguished group of experts, many of whom have also contributed articles to this volume. -
Claudio Grossman
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David Hunter
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Kenneth Anderson
We see and read about brutal and seemingly senseless warfare in the news every day --Rwanda, Bosnia, Chechnya, to name a few. This A-to-Z guidebook reveals --through case studies, definitions of key terms, and explanations of what's legal and what's not --what the public needs to know about war and the law. Laws of war exist. They define and categorize those acts of signal cruelty and murder that are universally known as war crimes. The laws of war have never been more developed, yet never before have so many innocent civilians been the victims of war crimes. It is clear that the laws are not being adhered to, nor have these laws been brought to light for the public or the journalists reporting on conflicts. Crimes of War is a timely and important book, especially in light of the recent creation of the United Nations International Criminal Tribunal to try war criminals in Rwanda and Bosnia and the development of a permanent International Criminal Court. Authors Sidney Schanberg and Peter Maass, reporters Tom Gjelton from NPR and Roger Cohen from the New York Times, and photojournalists Gilles Peress and Susan Meiselas, along with many other award-winning writers and photographers, have contributed to this powerful book. The 145 entries define terms from Armistice to Wanton Destruction as well as give case studies of recent and ongoing conflicts.
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Kenneth Anderson
Abstract for the book:We see and read about brutal and seemingly senseless warfare in the news every day --Rwanda, Bosnia, Chechnya, to name a few. This A-to-Z guidebook reveals --through case studies, definitions of key terms, and explanations of what's legal and what's not --what the public needs to know about war and the law. Laws of war exist. They define and categorize those acts of signal cruelty and murder that are universally known as war crimes. The laws of war have never been more developed, yet never before have so many innocent civilians been the victims of war crimes. It is clear that the laws are not being adhered to, nor have these laws been brought to light for the public or the journalists reporting on conflicts. Crimes of War is a timely and important book, especially in light of the recent creation of the United Nations International Criminal Tribunal to try war criminals in Rwanda and Bosnia and the development of a permanent International Criminal Court. Authors Sidney Schanberg and Peter Maass, reporters Tom Gjelton from NPR and Roger Cohen from the New York Times, and photojournalists Gilles Peress and Susan Meiselas, along with many other award-winning writers and photographers, have contributed to this powerful book. The 145 entries define terms from Armistice to Wanton Destruction as well as give case studies of recent and ongoing conflicts.
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Walter Effross
The papers published in this volume are based on an IMF seminar held in 1988 covering a broad range of topics dealing with monetary and financial law. Topics presented at the seminar focused on the liberalization of capital movements, data dissemination, the IMF's goals in financial surveillance and architecture, and responses to the financial crises in Asia and Latin America. Recent issues in the financial sector were addressed including the supervision of banks and the major international effort- the Basle Core Principles of Banking Supervision. Updates on insolvency and liquidation of banks as well as lender-of-last-resort issues were presented along with how payment systems are adjusting to continuous financial modernization and the resulting legal issues. The activities of the European Economic and Monetary Union (EMU) were discussed from several viewpoints as was the issue of good governance. Information was also provided on the developments in the enforcement of bank claims and the law of security.
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Diane Orentlicher
After Auschwitz, the world said "Never again." Yet 50 years after the end of World War II, the world is again witnessing genocide--concentration camps in Bosnia and the slaughter of millions in Rwanda. This book examines the significance of the Nuremberg trials and the undeniable political and legal influence they exert over the war crimes proceedings taking place today--the Yugoslav War Crimes Tribunal. Featuring transcripts from the original testimony, this work accompanies Court TV's 12-hour documentary on the 50th anniversary of the Nuremberg trials. Photos. Online promo.
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