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Buswell H: The Law of Insanity: In Its
Application to the Civil Rights and Cap

The Law of Insanity: In Its Application to the Civil Rights and Capacities and Criminal Responsibility of the Citizen

This book re-examines the origins and development of the laws of war and human rights law and exposes an overlooked provision of the European Convention on Human Rights which permits the use of lethal force where absolutely necessary to quell an insurrection. When civilian casualties occur in internal armed conflicts, questions are asked about how civilians can be better protected against the use of force by armed insurgents and state security forces. The laws of war include protection against the targeting of civilians but permit the use of force based on 'military necessity' and allow 'proportionate' civilian casualties. Where those laws do not apply, the use of force is generally seen as being limited to self-defence. This creates paradigms of armed conflict and law-enforcement with very different rules. The paradigms are then treated by governments and other actors as being separate and divided by a threshold of violence, when, in practice, they overlap, both in the conduct of military operations and, this book argues, as a matter of law. Revisiting the law provides the opportunity to reassess the benefits and risks of the existing paradigms and consider how applying the provision permitting the use of lethal force in quelling an insurrection would affect them. The book concludes that it offers a middle way based on the existing law, but it requires wider recognition and development in order to achieve a more appropriate balance between human rights and collective security.

Lethal Force, Human Rights and the Laws of War

Quelling Insurrection

For much of the past century, with the U.S. considered the world leader in innovation, its economic growth based on continued creative contributions from its citizens was a given. But this privileged position is under threat. In recent years, the U.S. has lagged behind other countries on several innovation measures, and including an ability to compete against international cities for venture-capital backed startups and creative talent. The arrival of AI only adds urgency to the questions of whether the U.S. will continue to be an innovation leader, and whether that leadership will advance human flourishing. &nbsp;&nbsp;The Creativity Tax draws on neuroscience, psychology, economics, law, and public policy to make the case that reducing poverty and inequality through a federal guaranteed income is the missing key to unlocking our collective creative potential and expanding our innovative capacity. It explains how policy inaction in addressing poverty and inequality is taxing our innovative capacities in ways that threaten our continued ability to produce high quality, socially beneficial innovation. The book also reveals how these questions of innovation leadership are deeply entwined with questions of who gets to innovate in this country and what kinds of innovation is produced—innovation for innovation's sake that benefits a few, or truly useful innovation that advances human flourishing. &nbsp;&nbsp;Synthesizing a broad range of scholarship, Stephanie Plamondon makes a novel argument for addressing poverty and inequality, not only as a matter of social welfare policy, but also for our nation's continued progress as an innovation leader.

How Poverty and Inequality Silence Innovation, and How to Fix It

The Creativity Tax

This book explores the global phenomenon of migration, transplantation, and borrowing of constitutional ideas. It combines conceptual and normative approaches to dissect a phenomenon which has been both praised and maligned in political and academic discourse. The book takes a broad view of the term 'constitutional'. Its contributors are drawn from the fields of comparative constitutional law, EU law, medieval history, political philosophy, international law, private law, and administration of justice. They consider constitutional transplantation as a specific case of the migration of ideas and place it within that broader intellectual framework of the movement of knowledge. The results of the movement of constitutional ideas can be found outside, as well as within, the law, and the implications of such movement go beyond it. The authors examine legal and constitutional systems in Asia, Europe, North and South America, as both sources and recipients of transplantations. The authors analyse, from historical, conceptual, and normative angles, the transplantation of constitutions and constitutional ideas from one state to another, and the role played by cultures and histories in the reception of constitutional provisions and ideas.

The Diffusion and Adoption of Constitutional Ideas

Constitutional Transplantations

Everything you ever wanted to know about the law, but couldn't afford to ask Written by Nolo's expert team of attorneys, this book answers more than 1,000 of the most frequently asked questions about everyday legal issues, including: <ul> <li>homebuying and selling</li> <li>neighbor disputes</li> <li>tenant rights</li> <li>workplace rights</li> <li>small businesses</li> <li>patents, copyrights, and trademarks</li> <li>credit, debt, and bankruptcy</li> <li>traffic accidents</li> <li>wills and trusts</li> <li>elder care</li> <li>marriage and divorce </li> <li>child custody and support</li> <li>domestic violence</li> <li>small claims court, and</li> <li>criminal law and procedure</li> </ul> The 13th edition is completely updated to provide current and accurate information on all of the legal subjects covered in the book. It also includes a glossary of legal terms and an appendix with detailed instructions on how to do your own legal research. Nolo editors each focus on specific areas of the law, such as estate planning, family law, employment law, real estate, criminal law, and business. They specialize in writing and editing plain-English do-it-yourself legal articles and books for consumers.

Answers to Your Most Frequently Asked Legal Questions

Nolo's Encyclopedia of Everyday Law

Speech has become an increasingly central feature of international criminal proceedings, particularly in cases involving senior political or military leaders. The PJI Guidelines are grounded in extensive jurisprudence, empirical research, and scholarly analysis, drawing on decisions from international courts and tribunals as well as broader interdisciplinary insights. Anchored on the fundamental right to freedom of expression, the Guidelines conveys guidelines for securing criminal accountability. In doing so, the book addresses cutting edge issues including disinformation, interpretation, social media, and AI propagated inflammatory and hateful speech, among other topics. It proposes 10 Key Guidelines, including an amendment to Article 25(3)(e) to criminalise intentional, direct and public incitement to any atrocity crime under the Rome Statute. Contributors are: Katharina Braun, Juan Manuel Klein, Damla Yasemin Ipek, and Manuel J. Ventura.

The Peace and Justice Initiative Guidelines

Speech Crimes in the Digital Era

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap. It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

Foundations and Critique

Comparative International Law

Adopting distinct and new perspectives to analyse VAT policy and practice, this book explores the key design challenges and opportunities faced by VAT jurisdictions in the 21st century. The book shows how the VAT, the world's most preferred form of consumption tax, has failed to live up to the expectations of its advocates since its earliest iterations about a century ago. It identifies and explains the gaps between VAT theory and practice, drawing on lessons from recent international experience. The book begins with an analysis of key design features of VAT systems, including concessions, registration thresholds and small business regimes. It goes on to explore more complex issues, such as the application of the tax to financial supplies, sharing economy transactions, and international cross-border sales, as well as the treatment of transactions and revenue within jurisdictions that operate under multiple-tiered systems of government.These issues represent challenges commonly encountered in VAT jurisdictions in modern economies. The work outlines innovative and realistic reform proposals for a VAT suitable for a 21st century economy that are grounded in economic principles and at the same time, practicable in terms of law, policy, and administration. It factors in, in particular, the political, technical, and administrative realities that policymakers in VAT jurisdictions must navigate when developing reform programmes. With guidance on VAT design and implementation for policymakers and law drafters, the book is also a valuable resource for academics, students, and practitioners interested in VAT policy and practice, and the interactions between tax law, policy and economic principles.

Design, Challenges, and Opportunities

Value Added Tax in the 21st Century

Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 43 (2025)

Science fiction has long been fascinated with the potential for sentient, human-like artificial persons. Even before reality meets fantasy, individuals, governments and businesses already entrust AI to make automated decisions with potential for real-life impact. What are the implications for AI legal personhood? This work examines how different legal entities differ in rights and duties and considers historical examples that show how legal personhood status can change over time under economic, social and pragmatic pressures. By abandoning the traditional binary, characteristics-based concept of the legal person for a historical lens, we are left with a more nuanced concept of the legal person against which sentience matters far less than what we might otherwise assume.

Persona Ex Machina: Artificial Intelligence on a Spectrum of Legal Personhood

This book sets out the future directions for UK consumer law and policy. After decades of EU-driven development, the continuous improvement of UK consumer law and policy has stalled since Brexit. Yet, there are major challenges, including the progressive digitalisation of the consumer environment, the need to reconcile sustainability with consumption, and the need for better crisis resilience, alongside more specific concerns such as better enforcement or subscription contracts. The disruption caused by Brexit demands a comprehensive solution to ensure that UK consumer law and policy remains current and robust rather than becoming moribund. It also presents an opportunity for realigning UK consumer law and policy towards a consumer-centric focus and to develop innovative solutions to contemporary consumer challenges. With original contributions from leading consumer law scholars, the book shows how the UK could develop in response to both major and specific challenges. Topics include a historical perspective on consumer law, consumer law reform, the implications of Brexit, vulnerability, changing paradigms, challenges in the context of financial services and digital consumer law, and enforcement.

Disruption, Innovation and Re-Alignment in UK Consumer Law and Policy

Marking the 75th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the Framework Convention for the Protection of National Minorities and European Charter for Regional or Minority Languages, this book investigates to what extent minority rights can, or should, be treated as part of the human rights regime. Internationally renowned experts, both scholars and practitioners, critically assess the current state of protection from different disciplinary perspectives. Key themes include the historical trajectory from the League of Nations to ICCPR Article 27, the 'persons-belonging-to' formula, tensions between individual and collective protection, differences in normativity, and the absence of a universally binding definition of 'minority', with implications for non-derogability, enforcement, and sovereignty. Designed for students, researchers, and practitioners of international human rights law, European human rights, and minority protection, the volume provides a multi-disciplinary map of doctrine and practice and a focused resource for courses in public international law, particularly human rights law, European law, and minority rights.

Are Minority Rights (Still) Human Rights?

The definitive guide to serving as an executor, trustee, or estate representative If you need to wrap up the affairs of a loved one who has died, you might feel overwhelmed--especially when you're grieving. But you can do it, and this book will show you how. The Executor's Guide provides a clear road map through an unfamiliar land of legal procedures and terminology. You'll learn what to do right away and what can wait. In plain language, this book explains: <ul> <li>The Critical First Steps: The legal and practical steps to take in the first days and weeks after a death.</li> <li>Managing Paperwork: How to deal with the mounds of paperwork from life insurance, Social Security, veterans' benefits, final paychecks, transferring accounts, and death announcements.</li> <li>Interpreting Wills and Understanding Intestacy: Reading, understanding, and following the directions in a will -and figuring out what to do if your loved one passed away without a will.</li> <li>Avoiding Probate: How to determine if the estate qualifies for simplified "small estate" procedures that can save your family thousands of dollars and months of delays.</li> <li>Filing Final Taxes: Handle the estate's final income and estate taxes.</li> <li>Managing Assets &amp; Paying Bills: From opening an estate's bank account to dealing with creditors and paying bills.</li> <li>Handling Trusts: Step-by-step guidance on administering a stand-alone living trust and trusts created by a will.</li> <li>Working with Professionals: Know when you need help from a lawyer, appraiser, or financial advisor. Understand how to work with these professionals and keep costs down.</li> </ul> The fully updated 11th edition features revised state-specific charts that detail each state's probate thresholds, tax rules, and legal requirements.* Includes downloadable worksheets. Get access to customizable digital checklists, asset inventory sheets, and executor log templates to keep your records organized from day one. * This book does not cover Louisiana law.

Settling a Loved One's Estate or Trust

The Executor's Guide

The Law of Insanity: In Its Application to the Civil Rights and Capacities and Criminal Responsibility of the Citizen

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