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Spinak J: The End of Family Court

The End of Family Court

How Abolishing the Court Brings Justice to Children and Families

This book provides a one-stop, comprehensive guide to the Marrakesh Treaty and its relation to copyright protection and disability law.Beginning with an exploration of the origin and impact of the 'global book famine', the book contextualises the role of copyright law in restricting access to the written word. Detailing the core philosophical underpinnings of the debate, the book offers new interpretive insights into the classic justifications of copyright protection through the lens of inclusivity. Additionally, models of disability and their influence over national copyright policies are explored. The social and human rights models of disability, combined with an inclusive interpretation of copyright justifications, are advocated as essential to the Marrakesh Treaty's ability to stimulate meaningful and transformative change. Based on critical textual analysis and an original, panoramic view of the implementation of the Marrakesh Treaty, the book raises awareness of key successes and challenges in the Treaty's operation thus far. It highlights remaining gaps between the Treaty's framework and national implementing laws, and provides suggestions for the improvement of the Treaty's text, implementation, and practical impact.The book will be of interest to researchers in the field of copyright law, policy, and disability rights legal theory.

The Marrakesh Treaty and Beyond

Copyright Protection and Disability Law

Diverse Voices in Intellectual Property Law

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Democrats and Republicans

Today's Crime and Punishment Issues

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.

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.

Law, Ethics, and Policy

Male Violence Against Women

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

In a movement-defining book, the "godmother of the current moment of dissatisfaction with establishment politics" (The New York Times) tells the story of the rising anti-monopoly movement and charts a course to a democratic future In a short, sharp political book, The Nation magazine's "Anti-Monopolist" columnist and "a prophet of the resurgent left" (Franklin Foer) explains the battle between the forces of oligarchy and the rise of the new anti-monopoly movement. Using the stories of modern anti-monopoly heroes including Federal Trade Commission Chair Lina Khan; blueberry farmer Hugh Kent, who turned his battle with Driscoll's into a farmers' movement; and Doha Mekki, the daughter of a Sudanese asylum seeker who took on Google and won; Teachout explains how anti-monopoly cuts across traditional political lines and gives real teeth to economic populism.Teachout, a scholar of the law of democracy and a politician whose run for governor of New York State shocked the political establishment, argues that monopoly is the architecture of private tyranny, and that breaking corporate power is essential to building a new democracy. From AI to agriculture, healthcare to energy, Americans understand that corporate concentration doesn't just cause inequality; it organizes power. Anti-Monopoly gives that feeling a name, a history, and a way forward. After a spate of books out of the Abundance movement arguing that we need to remove local democracy and focus on efficiency at scale, this book provides a sharp counterpoint.

A Citizen's Guide

Anti-Monopoly

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

With over five billion internet users globally, it is crucial to understand social media activism and legal change for women and girls. This insightful book examines the impact of international Twitter (now X) campaigns on domestic laws affecting women and girls. Exploring the complexities of legal change for women and girls across seven countries from Latin America to Middle East and Africa, the book offers empirical insights into the effectiveness of hashtag advocacy and sheds light on the role of social media in shaping different outcomes. This is a key resource for understanding the dynamics driving social media activism and its potential impact on the rights of women and girls worldwide.

Are Social Media Campaigns Really Making Laws Better for Women and Girls?

Hashtag Activism and Women's Rights

The End of Family Court

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