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McColgan KC A: Discrimination Law

Discrimination Law

Text, Cases and Materials

Landmark Cases

Part of the iconic Landmark Cases series, this book brings the most significant cases in charity law together for the first time. More than four hundred years have passed since the concept of charity was first given statutory legal form in England in the Statute of Charitable Uses of 1601. This book explores the substantial body of judge-made rules and principles developed since then, highlighting a carefully curated selection of the landmark cases which have shaped charity law. Each chapter analyses one or more judicial decisions, setting them in their historical context, explaining their contemporary importance, and considering their future relevance. The selected cases cover a broad range of topics. Some go to the heart of what it means to be a charity, elucidating charity's legal definition and public benefit requirement. Others demonstrate how charity law has been shaped by its interaction with other bodies of law, including trust law, company law and equality law, and by emerging tensions between trustees' overriding duty to further the charity's purposes and broader moral obligations or ethical considerations. The book has a core focus on English precedents, but the cases are touchstones in many jurisdictions. Our contributors therefore include scholars, judges and practitioners from Australia, Canada, New Zealand and Singapore, as well as from the UK. The result is a book that sheds new light on the application and development of charity law's defining rules and principles across the common law world.

Landmark Cases in Charity Law

Equality law is audist. Deaf communities around the world continue to encounter Deaf Legal Exclusion through legal frameworks that define them narrowly and restrict their rights. This book examines why these frameworks have not delivered equality in practice. It argues that the core issue is structural misrecognition: law protects deaf people only when they accept a definition based on impairment. Sign language, culture and community are treated as secondary. What appears to be inclusion is often a Deaf Legal Illusion: equality claimed in principle but absent in practice. The book analyses five models used to categorise deaf people in law and policy: disability, language minority, culturo-linguistic community, ethnic group and Indigenous group. Some appear in legislation; others are found in scholarship and advocacy. Each reflects only part of deaf people's lives. Drawing on doctrinal and socio-legal analysis of the Equality Act 2010, case law of the ECtHR, and the UN Convention on the Rights of Persons with Disabilities, the book critiques how equality law relies on narrow definitions of fairness. It explores formal, substantive and transformative precepts of equality, assessing their ability to reflect deaf people's experiences. It identifies the audist assumptions built into legal systems that expect deaf people to adapt to hearing norms, while withholding full recognition of sign language and community belonging. In response, the book proposes the Deaf Rights Model, which brings the five models together as complementary rather than competing. Alongside Deaf Equality Concepts, it offers a framework in which sign language, culture and community become central to legal thinking about equality. The Deaf Legal Dilemma establishes Deaf Legal Studies as a field grounded in the priorities and expertise of deaf communities. It invites lawmakers, practitioners and scholars to rethink the purpose of the law and the structures through which deaf people are recognised.

Challenging Equality Law

The Deaf Legal Dilemma

The Law of Economic Regulation provides a detailed analysis of the law specific to economic regulation and the practice of that law. This book is unique in dealing with the key elements of economic regulation - such as rule-setting, regulatory investigations and disputes, enforcement and appeals on a cross-sector basis, offering a resource to practitioners in each sector who currently have few efficient options to see how other sectors deal with a specific issue. As the number of regimes, and their jurisprudence, continues to grow, the legal issues arising have increased in importance. Whilst the focus of this book is on UK sector regimes, it uses other comparisons where relevant, including UK and EU competition law, and sectoral regimes in other jurisdictions from the EU, USA and beyond, where that best illustrates a particular point. It answers questions, such as: - What rules apply to major regulated companies? - How do the rules vary between regulated sectors? - What is the point of economic regulation? - How do regulators make decisions? - Can decisions by regulators be challenged, and if so, how? With contributions from leading specialists in their areas, this title is essential reading for all legal practitioners specialising in regulation, competition law, energy law, telecommunications law, environmental law and transport law. This title is included in Bloomsbury Professional's Practice and Procedure Law online service.

The Law of Economic Regulation

Cambridge Studies in Comparative Politics

Police, Judiciary, and Access to Justice

Crime and Punishment in India

From the relentless media scrutiny and controversies of their 2022 Caribbean Tour to the shock cancer diagnoses of both the Princess of Wales and the King, this captivating biography by acclaimed royal expert Russell Myers intimately traces the story of William and Catherine's relationship from their earliest meeting at St Andrews University to the present day. Drawing on exclusive access to numerous palace insiders, it offers never-before-told context about the biggest stories to have followed the Prince and Princess of Wales in recent years - including the Sussex departure, the forming of the 'Cambridge way,' and the death of Queen Elizabeth II - and provides an unprecedented glimpse into their private lives. Highlighting the couple's resilience and dedication in the face of adversity, William and Catherine presents a deeply personal perspective on how the events the Prince and Princess have weathered together will shape their vision for a modern monarchy - as they set out to secure its safe continuation at a time of extreme change and turmoil.

The Intimate Inside Story

William & Catherine

Lawyers in the Anti-Trafficking Space

Navigating the Legal Landscapes of Modern Slavery and Immigration

Routledge Revivals

First published in 1985, Investigating Rape examines practices related with rape in four United States police departments and suggests what lessons the British police service might draw from them. The author urges greater recognition of the emotional trauma suffered by rape victims and the effects of that trauma on the relationship between victims and investigators. He recommends changes in police procedure, including new approaches in interviewing style and changes in training and in liaison with agencies who provide help to victims. This book will be of interest to any police official as well as to students of law and criminology.

A New Approach for Police

Investigating Rape

This book critically examines the development and operation of administrative justice in the UK. Everyday, people have millions of interactions with government and public services. Administrative justice is concerned with the fairness of these interactions and the redress mechanisms people can use when things go wrong. Administrative justice is a large and expanding part of the legal system and of governmental activity in the United Kingdom. It includes initial administrative decision-making, the delivery of public services as well as redress and scrutiny mechanisms, principally tribunals, complaint-handling and ombudsmen. Administrative justice encompasses a far greater number of decisions than the caseloads of the courts. This book explores what administrative justice is, why it is important, how it has evolved, how it works in practice and how it could be improved. Combining theoretical and empirical analysis, the book examines various contexts in which administrative justice operates, including benefits and special educational needs and disability. It also examines the social and political forces that drive the development of administrative justice and critically analyses the creation, operation and effectiveness of redress institutions.

Administrative Justice in the United Kingdom

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

Hart Studies in Constitutional Law

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Hamad bin Khalifa University.

This book presents an all-encompassing way to understand lobbying: the ‘Diversion Guide’. This shows that lobbying is problematic when institutions are diverted from acting in the public interest.  It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the ‘Diversion Guide’ to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. 

The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom’s political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. 

It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations  and to ensure that better regulations are created to restore public trust in politics. The ‘Diversion Guide’ can be used to this end.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

Exploring sexuality and what constitutes appropriate sexual behaviours in South Africa and Zimbabwe, this book views sexuality as an instrument of social regulation and traces the historical continuities between colonialism and current debates.A powerful look at the key elements of gender relations, post-colonial nationhood and sexual rights, this book is an invaluable legal reference resource for all those interested in the interface between sexuality, gender and the law.

Exploring sexuality in South Africa and Zimbabwe, this book looks at sexuality's role in social cohesion, the historical continuities between colonial regulation of sex and the debates, and examines gender relations, nationhood and sexual rights.

The Legacy of Venus Monstrosa

Sexuality and the Politics of Rights in Southern Africa

This book provides an overview of male violence against women and the failure of the legal system. Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

This book provides an overview of male violence against women and the failure of the legal system. 

Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. 

It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. 

This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

Law, Ethics, and Policy

Male Violence Against Women

Discrimination Law

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