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Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
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Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
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Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Author: Kaiyan Homi Kaikobad
Publisher: Martinus Nijhoff Publishers
ISBN: 9004175873
Category : Political Science
Languages : en
Pages : 625
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Book Description
Undoubtedly one of the paragons of public international law in contemporary times, Colin Warbrick is truly held in high esteem by his peers at home and abroad. His breadth of knowledge is reflected in a large number of scholarly works and in his appointment as a Specialist Adviser to the Select Committee on the Constitution of the House of Lords and as a consultant to both the Council of Europe and OSCE. This "festschrift" celebrates on his retirement as Barber Professor of Jurisprudence at Birmingham University, his extraordinary talent and academic career by bringing together a group of eminent judges, practitioners and academics to write on international human rights, international criminal justice and international order and security, fields in which Professor Warbrick has left an indelible mark.
Author: Nestor M. Davidson
Publisher: Routledge
ISBN: 1351245686
Category : Law
Languages : en
Pages : 235
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Book Description
The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world—a bright, safe future.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Lawrence O. Gostin
Publisher: Univ of California Press
ISBN: 0520934385
Category : Medical
Languages : en
Pages : 800
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Book Description
Public Health Law, first published in 2000, has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author: John M. Conley
Publisher: University of Chicago Press
ISBN: 022648453X
Category : Law
Languages : en
Pages : 262
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Book Description
Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
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Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: Richard Rothstein
Publisher: Liveright Publishing
ISBN: 1631492861
Category : Social Science
Languages : en
Pages : 243
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Book Description
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
