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Asia-Pacific Trusts Law, Volume 3

Boundaries in Context

This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation? - Does the idea of criminal law as regulating interpersonal legal relations contradict its public character? Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Studies on a New Paradigm in Criminal Law and Procedure

Rights in Criminal Law

Exploring the Stories of Cultural Objects After Their Return

Beyond Restitution

Cambridge Law Handbooks

The Cambridge Handbook of AI and Technologies in Courts

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word--penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-need--and quite colorful--social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

What is the role and responsibility of the community when it is involved in a restorative process? This Little Book aims to expand upon the roles and responsibilities of community stakeholders in healing and repairative approaches to justice. Whether family members, friends, neighbors, concerned citizens, or system actors,&nbsp;the range of needs, obligations, and opportunities to engage with restorative justice processes is vast and deserving of greater attention. In this Little Book, Sheryl Wilson and Caitlin Morneau draw on experience in restorative justice facilitation, education, community organizing, and leadership in movement building to illuminate pathways that invite, expand, and sustain restorative justice engagement. The authors offer reflection, analysis, and considerations for community member support and inclusion in restorative justice processes and movement building. This book is for the secondary victims of harm (witnesses or bystanders) who may not understand where they fit in the space of harm repair. This book is also for those in support of a person who caused harm and needs guidance on where they fit. Lastly, this book is for those in close proximity to harmful events and care about those who occupy the same space. As a community, there are ways people mobilize in organized groups when things go wrong, but what about when things are going right? How can we be good neighbors, co-workers, colleagues, and friends, so that when we do face challenges, we have a good starting place?

Reclaiming Connection and Responsibility for Our Neighbors

Little Book of Restorative Justice & Community

This unique open access collection offers an in-depth understanding of UK-EU police and judicial cooperation post-Brexit, an under-explored field. It considers the legal and political operation of the Trade and Cooperation Agreement (TCA) and its implications for a wide number of policy areas. As well as critiquing its operation, contributors suggest reforms that would improve police and judicial cooperation between the UK and the EU. This scholarly discussion is balanced against practical considerations, with short chapters setting out practitioners' perspectives on the TCA. It ends by reflecting on lessons that non-EU countries seeking cooperation with the EU might learn. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by Northumbria University.

Implementing the Trade and Cooperation Agreement

Uk-EU Police and Judicial Cooperation Post-Brexit

This essential book offers a comprehensive and concise overview of the complex global framework of air passenger rights, examining not only national laws but also regional agreements. From countries that have "copy-pasted" the EU model to those that have significantly enhanced it - such as the Philippines with its tarmac delay provisions, or Canada with its nuanced categorization of disruptions - this book dissects the global landscape.It reveals how some nations have even surpassed their progenitor, offering unique protections for vulnerable passengers or specifying intricate details down to meal composition. Prior to this book, practitioners faced various issues from language barriers - some laws are not translated into English - to fragmentation. Now there is a consolidated analysis of all these laws in a single accessible resource, making them accessible and comparable for all. The book offers a concise, comparative overview of all distinct national and regional laws in place focusing on delays, cancellations and denial of boarding. It also contains tables to ensure easier reading access. It can be considered a one-stop shop for understanding the global panorama of air passenger rights.By meticulously analysing the varied approaches to passenger rights around the world, this book fills a crucial void, offering an invaluable resource for policymakers, legal professionals, airlines and passengers seeking to navigate the complex world of air travel consumer protection on flight delays, cancellations and denial of boarding.

A Global Perspective

Air Passenger Rights

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The 4th edition of this casebook provides an article-by-article analysis of the CISG Convention. Offering a fully updated range of materials, the casebook is an excellent starting point for learning about the CISG Convention and is particularly useful for students, international trade lawyers, and practitioners. The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages such as the INCOTERMS® 2020. The book features an updated selection of the most significant cases, each of which has been abridged to enable the reader to focus on its essential features and the relevant questions arising from it. The case extracts are accompanied by a comprehensive overview of parallel provisions in other international instruments, uniform projects, and domestic laws. A companion website provides sample questions and answers, which students can use to test their knowledge. The analyses, cases, texts, and questions are designed to draw attention to the particular issues surrounding specific CISG provisions and to provoke careful consideration of possible solutions. For this reason, the book is especially suitable for students preparing for the Willem C Vis International Commercial Arbitration Moot.

A Guide to the CISG

International Sales Law

Routledge-Giappichelli Studies in Law

The use of traffic and location data in criminal justice is now a common prac-tice in the EU and beyond. Although metadata do not reveal the contents of communications, they allow to draw precise conclusions on the private lives of users, like their everyday habits, places of residence, daily movements and ac-tivities, social relationships, and frequented environments. For this reason, they are largely used by law enforcement to identify promising targets of investiga-tion or as evidence in criminal trials. In the EU, national legislation often pro-vides for the indiscriminate retention of such data, but the compatibility of these mass surveillance regimes with the European human rights framework has been questioned in the case law of the European Court on Human Rights (ECtHR) and the European Court of Justice (CJEU), as well as legal scholar-ship. Nevertheless, the use of unlawfully retained data in criminal proceedings is not usually sanctioned in national criminal procedural systems. This book addresses this problem by inquiring about how communications metadata can be used in criminal proceedings, having regard to the principles of legality and fairness. In particular, through the lens of fairness, the analysis seeks to find some common ground between privacy and data protection regimes on the one hand and criminal procedural rules on the other. To this end, it employs both an interdisciplinary doctrinal research method and a comparative analysis be-tween a limited number of EU Member States. By identifying different stand-ards of fairness for the preventive context, the investigation, and the trial phase, the book highlights gaps in protection and attempts to reconcile these two separate, yet closely related, regimes.

Communication Metadata under EU Human Rights Law

Criminal Justice and Data Protection

"Not only does it cover everything that you might be going to a book on this subject to find, and does so with sure-footed accuracy and helpful summary route-maps at key points, but as with all the best books, it also includes matters that you would not realise that you should be aware of." Alex Ruck Keene KC (from a review of the previous edition) Written with busy practitioners in mind, in clear and concise language with the use of flow charts and tables, two broad areas of law are covered: 1. Admission to hospital and treatment for mental disorder of children and young people ('adolescents'). &gt;Coverage includes: - an overview of the system of supports for under 18s with complex mental health needs; - decision-making by adolescents and those with parental responsibility; - deprivation of liberty; - the application of the Mental Capacity Act 2005 to under 18s; - the rules for identifying 'parental responsibility' and the 'nearest relative'; - admission to hospital and treatment for mental disorder, both 'informal' and detention under the MHA 1983; - discharge from hospital, focusing on the role of the Tribunal and specific issues for adolescents; - after-care planning; and &gt;The Second Edition covers developments in law and policy since the publication of the 1st edition, including analysis of: - the raft of judgments concerning adolescents with complex needs; - case law and policy concerning mental health care, with explanation of their impact on under 18s; &gt;This title is included in Bloomsbury Professional's Family Law and Clinical Negligence online services.

A Legal Guide for People Working with Children and Young People

Adolescent Mental Health Care and the Law

Modern Studies in Property Law

This collection is based on papers presented at the well-established Modern Studies in Property Law biennial conference. It contains cutting-edge research relating to property law broadly conceived, covering land law, equity and trusts, and the interaction between property law and the environment. Part 1 of Volume 13 in the Modern Studies in Property Law series examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics and students. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.

Use, Abandonment, and Protection of Land

Modern Studies in Property Law, Volume 13, Part 1

Asia-Pacific Trusts Law, Volume 3

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