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Solitary Confinement

Real Stories of Quebec Orphanages

This collection addresses a glaring gap in comparative and international law literature. Rich, nuanced and multi-faceted, Chinese legal culture is fascinating but little understood outside the country's borders, due to language barriers and the complexity of its society and governance. This book addresses this gap by identifying key aspects of Chinese law that most contribute to China's role as a global player. Organised around the themes of stability and prosperity, it covers important topics such as the Chinese political and constitutional system, the Chinese criminal justice system and the evolution of Chinese law. It goes further to look at China on the world stage, exploring cross-border commerce, international trade and investment, foreign policy and Chinese perspectives on international law. Written by talented scholars based both inside and outside China who have a deep understanding of the subjects, it offers unique insights into one of the lesser known but arguably most impactful of the world's jurisdictions. Legal scholars, law students, as well as practising lawyers engaged in commercial activities related to China will find this book invaluable.

Chinese Law in a Global Context

This book offers an engaging study on the effectiveness and practical application of human rights due diligence in the corporate sphere. As corporate power increases, human rights measures are increasingly being used to restrain this power. One of the most ambitious of these are the UN Guiding Principles on Business and Human Rights, setting out a framework of human rights due diligence ('HRDD'). Taking a four part approach, the book firstly outlines the conceptual development of HRDD; it secondly puts forward a theoretical framework for it as an accountability process. It then thirdly goes on to provide qualitative case studies of multinational corporations illustrating logics at play concerning the HRDD, before concluding by offering an alternative approach to HRDD to alleviate some of the concerns around accountability. This thoughtful, engaging study will appeal to human rights lawyers, company lawyers and those researching in the field of management.

Searching for Accountability in Human Rights Due Diligence

Corporatising Human Rights

Forced "Return" of Migrants to Transit and Fourth Countries

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance. The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro. Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

Addressing Agency Costs Through Monitoring and Corporate Litigation

Short-Termism and Shareholder Engagement

The Voice of the Child and Expert Reports in Family Law Proceedings

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

The Right to Strike Reimagined

Alabama Water-Resources Law is first truly comprehensive study examining the structure and shortcomings of Alabama's water law. This prodigious treatise provides a necessary tool to help the state and its people understand and prepare for the wise use of its water resources. Part I provides a clear and critical statement of Alabama's current water law in eleven chapters. Part II expands on the criticisms of existing Alabama law, recounts the history of previous efforts at addressing those criticisms, and makes recommendations for change, taking lessons from other southeastern states.This is a must-read for all Alabama policy-makers, attorneys, and concerned citizens to answer water-law questions and to make proactive laws to bring Alabama into twenty-first-century practices.

A Critical Treatise

Alabama Water-Resources Law

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-needed – 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 in 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

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

Anthropology, Law, and Political Morals

Some Versions of Legalism

Solitary Confinement

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