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Harlow R: Jane Roe

Jane Roe

The Case Behind America's Most Contested Constitutional Right

This open access book provides the first systematic study of the multiple issues relating to the investigation and prosecution of international crimes under universal jurisdiction in the EU Member States. It brings together the main findings of the UNIJUR Project, a two-year research project funded by the European Union and led by the co-editors Professor Marina Mancini (principal investigator) and Professor Raffaella Nigro (associate investigator).&nbsp;
Cutting-edge contributions delve into the complexities of universal jurisdiction investigations and prosecutions, highlight legal constraints and practical obstacles and offer comprehensive recommendations to advance accountability for international crimes through universal jurisdiction across the EU Member States.
This volume is a crucial read for scholars and students of international criminal law and EU criminal law and procedure. Bridging theoretical analysis and practical solutions, it is also an invaluable resource for EU and national policymakers, investigating and prosecuting authorities, as well as for legal practitioners with an interest in accountability for international crimes.
Marina Mancini&nbsp;is Associate Professor of International Law in the Department of Law, Economics and Human Sciences at the Mediterranean University of Reggio Calabria, Italy. Raffaella Nigro is Full Professor of International Law in the Department of Law, Economics and Sociology at the University “Magna Græcia” of Catanzaro, Italy.

Challenges and Proposals for Action

Universal Jurisdiction Over International Crimes in the European Union

This book examines how "colorblind" policies perpetuate racial bias by masking the structural and systemic roots of inequality. Leland Ware critically examines the persistence of racial inequality in the United States despite landmark legal advancements, arguing that numerous policies obscure the structural forces that sustain segregation and disparity-particularly in education. Through analysis of the strategic use of racially coded political rhetoric and key Supreme Court rulings, Ware demonstrates how race-neutral frameworks often reinforce, rather than remediate, systemic inequity. For legal scholars, educators, sociologists, and political scientists, this work offers a reinterpretation of civil rights jurisprudence, a framework for addressing de facto segregation, and a vital lens through which to understand how racial resentment continues to shape policy and public discourse.

Colorblind Bias

Policies That Perpetuate Inequality

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Roma, Hungarian, and Muslim Minorities in Central and Southeastern Europe

Legal Mobilisation for Equality

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Studies in the History of Tax Law

This book is a continuation of the prestigious series investigating current tax policy debates in an historical context. The authors are a mix of senior tax professionals from academia, the judiciary, and practice, with representatives from 9 countries. The chapters fall within 3 basic categories: 1. UK tax, looking at a variety of topics ranging from income tax (introduction and deduction at source), tax administration (Scotland), cases and judges (Lord Wilberforce), to the Peasants' Revolt, indirect taxation (tonnage tax and excise), and tax concepts (beneficial ownership). 2. International taxation, with chapters on the origins of the international income tax order, the UN (1950s and 60s), and VAT (origins and procedure). 3. Non-UK tax systems, including chapters on income tax in Singapore and early developments in Japan, South Africa (GAAR), an influential Canadian report (Carter Commission), taxation in classical Athens, and in the medieval Italian city-states. Collecting papers from the biennial Cambridge Tax Law History Conference, the book is a key resource for those interested in tax law and legal history.

Studies in the History of Tax Law, Volume 12

This book provides a timely and much-needed critical legal review of children's participation in healthcare that goes beyond merely documenting the extent and scope of participation, and explores the importance, definition of, and barriers to their meaningful participation. Addressing a gap in the literature, the book uses a combination of empirical data, childhood and participatory theory, and legal analysis to study the participation of children and young people in the medical context from a child's rights perspective. Centring the unheard and underrepresented lived experiences of recent and past child patients, and doctors, the book uses Interpretative Phenomenological Analysis, a methodology traditionally used in psychology, to provide a refreshing and unique exploration of children's participation in their healthcare. The book explores to what extent national law and international non-binding conventions have created a 'right' to participation, studies the application of national law in clinical practice asking whether the law facilitates meaningful participation, and analyses the interaction between law and quasi-legal regulations. The book will be useful for academics, children's activists, and legal and clinical practitioners.

Medical Decision-Making with Children and Young People

This volume explores the various intellectual property dynamics that emerged during the Cold War, circa 1946-1980. This period brought about some of the most poignant moments in the development of twentieth-century international intellectual property rights, when competing economic systems recognised the value in innovation, human creativity, cinema, and international intellectual property norms and institutions. Examining these developments from a Cold War approach can say much more as it allows for the examination of processes and norms that cater to strong domestic intellectual property rules in Western capitalism while yielding to 'universal' or 'common' property norms in copyright in socialist states. This volume connects some of the different advances made in the international emergence of these competing developments regarding intellectual property rights and emphasises the role of intellectual property institutions, processes, and universalism that helped keep Cold War rivals on the same normative, foundational street for intellectual property rights. Contributors are: P. Sean Morris, Peter. B. Maggs, Lodewijk van Dycke, Hans Morten Haugen, Phillip Johnson, Jose Bellido, Johanna Gibson, Sarah Rajec, Hannibal Travis, Johanna Dahlin, and Jocelyn Bosse.

The Cold War Structure of International Intellectual Property Law, 1946-1980

Central to this book, which has been revised and updated from its original 2019 edition to reflect current developments, is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of “humanity”. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of “humanity” left undefined in law.
The proposed theory argues that “humanity” should be understood as “humanness” and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of&nbsp;Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.
This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law.
Rustam Atadjanov, LLB, LLM, Dr. jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross, Tashkent, Uzbekistan. He is currently affiliated to the School of Law of KIMEP University in Almaty, Kazakhstan.

Conceptual and Normative Aspects

Humanness as a Protected Legal Interest of Crimes Against Humanity

Human Rights Law in Perspective

Proportionality Under the UK Human Rights Act

Ius Romanum

In Late Antiquity, private individuals could acquire land or other assets through acts of the emperor or the administration. These often originated from confiscations, e.g. of estates without heirs (
 bona vacantia
 , 
 caduca
 ), the property of convicted criminals (
 bona damnatorum
 ), or ownerless slaves (
 vaga mancipia
 ). Since the 
 fiscus
 was often unable to make economically effective use of these assets, and the emperor was under political pressure to reward influential individuals, they were frequently transferred - sometimes for payment, but often free of charge. In this context, a procedure developed whereby beneficiaries could petition for an imperial grant by means of a 
 petitio
 .
 

 By analysing Late Antique imperial constitutions, the study examines this procedure, as well as the private-law status of the recipients. The analysis shows that they generally acquired ownership - even where the assets had not belonged to the 
 fiscus
 . As Roman law in principle did not allow acquisition in good faith from a non-owner, this form of acquisition is best understood as one effected by sovereign act.
 

 At the same time, it becomes clear that Late Antique emperors established nuanced and carefully considered rules and sought to achieve a fair balance of interests. A decline in legal culture, as suggested by the theory of so-called Late Antique vulgar law, cannot be observed.

Jane Roe

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