Rethinking Legal Scholarship

A Transatlantic Dialogue

Author: Rob van Gestel,Hans-W. Micklitz,Edward L. Rubin

Publisher: Cambridge University Press

ISBN: 1316760502

Category: Law

Page: N.A

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Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

Perspectives on Environmental Law Scholarship

Essays on Purpose, Shape and Direction

Author: Ole W. Pedersen

Publisher: Cambridge University Press

ISBN: 1108626726

Category: Law

Page: N.A

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This collection invites environmental law scholars to reflect on what it means to be an environmental law scholar and to consider how and why environmental law scholars engage in environmental law scholarship. Leading environmental law scholars from different backgrounds and jurisdictions offer their personal reflections on the nature, form, quality and challenges of environmental law scholarship. The collection offers the first honest introspection on what environmental law scholarship is and is not. It considers the unique contributions of environmental law scholarship to legal scholarship more generally, reflecting on what sets environmental law scholarship apart from other disciplines of legal scholarship and the challenges arising from these differences.

Legal Education in the Global Context

Opportunities and Challenges

Author: Christopher Gane,Robin Hui Huang

Publisher: Taylor & Francis

ISBN: 1134804741

Category: Law

Page: 342

View: 4406

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This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.

User-friendly Legal Science

A New Scientific Discipline

Author: Petri Mäntysaari

Publisher: Springer

ISBN: 3319534920

Category: Law

Page: 204

View: 475

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This book defines the characteristics of a new discipline that is both legal and scientific: user-friendly legal science.Focusing on how legal tools and practices can be used to achieve objectives in different contexts, it offers an alternative to doctrinal research, law-and-something disciplines, and the traditional interdisciplinary approach.The book not only defines the new discipline’s research approach, point of view, theory-building, and research methods, it also shows how it relates to other scientific disciplines and how existing doctrinal legal disciplines can be upgraded into scientific disciplines.

The Politics of Justice in European Private Law

Social Justice, Access Justice, Societal Justice

Author: Hans-W Micklitz

Publisher: Cambridge University Press

ISBN: 1108424120

Category: Law

Page: 300

View: 2489

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Compares national concepts of social justice with the developing European concept of access justice.

Privacy and Power

A Transatlantic Dialogue in the Shadow of the NSA-Affair

Author: Russell A. Miller

Publisher: Cambridge University Press

ISBN: 1107154049

Category: Law

Page: 805

View: 4490

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This book documents and explains the differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering.

The Cambridge Handbook of Surveillance Law

Author: David Gray,Stephen E. Henderson

Publisher: Cambridge University Press

ISBN: 110850938X

Category: Law

Page: N.A

View: 9474

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Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

The Law of Good People

Challenging States' Ability to Regulate Human Behavior

Author: Yuval Feldman

Publisher: N.A

ISBN: 1107137101

Category: Law

Page: 254

View: 893

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Overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

Theorizing Teaching and Learning in Asia and Europe

A Conversation between Chinese Curriculum and European Didactics

Author: John Chi-Kin Lee,Kerry J. Kennedy

Publisher: Taylor & Francis

ISBN: 1317616553

Category: Education

Page: 326

View: 4323

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There has been much debate in recent times between the Anglo American tradition of curriculum studies and the Continental and North European tradition of didactics (Didaktik). As important as such debate has been, this book seeks to add new voices to the debate representing ideas and traditions from a different part of the world. The focus is on Chinese curriculum thinking that has passed through a number of stages and currently represents a blend of some aspects of the American tradition and Chinese cultural traditions. How does Chinese thinking about curriculum, teaching and learning resonate with European didactic traditions and what are the implications for theorizing an expanded field of curriculum studies? This book deliberately transcends borders and cultures to explore new territory, to provide a platform for open dialogue and to open up new areas of investigation Chapters include, Curriculum Reform and Research in China: A Social-Historical Perspective What Mathematics Did Teachers Learn? Comparison of the School and the Pre-Service Teacher Mathematics Curricula in Germany and Taiwan Living in Parallel Worlds: A Transatlantic Dialogue between General Didactics and Instructional Design

Medium Law

Author: Daithí Mac Síthigh

Publisher: Routledge

ISBN: 1317195035

Category: Social Science

Page: 176

View: 3110

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Why should anyone care about the medium of communication today, especially when talking about media law? In today’s digital society, many emphasise convergence and seek new regulatory approaches. In Medium Law, however, the ‘medium theory’ insights of Harold Innis, Marshall McLuhan and the Toronto School of Communication are drawn upon as part of an argument that differences between media, and technological definitions, continue to play a crucial role in the regulation of the media. Indeed, Mac Síthigh argues that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance. This is demonstrated through the exploration of the regulation of a variety of platforms such as films, games, video-on-demand and premium rate telephone services. Regulatory areas discussed include content regulation, copyright, tax relief for producers and developers, new online services, conflicts between regulatory systems, and freedom of expression. This timely and topical volume will appeal to postgraduate students and postdoctoral researchers interested in fields such as Law, Policy, Regulation, Media Studies, Communications History, and Cultural Studies.

The Coddling of the American Mind

How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure

Author: Greg Lukianoff,Jonathan Haidt

Publisher: Penguin

ISBN: 0735224900

Category: Social Science

Page: 352

View: 421

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Something is going wrong on many college campuses in the last few years. Rates of anxiety, depression, and suicide are rising. Speakers are shouted down. Students and professors say they are walking on eggshells and afraid to speak honestly. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: what doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths are incompatible with basic psychological principles, as well as ancient wisdom from many cultures. They interfere with healthy development. Anyone who embraces these untruths—and the resulting culture of safetyism—is less likely to become an autonomous adult able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to produce these untruths. They situate the conflicts on campus in the context of America’s rapidly rising political polarization, including a rise in hate crimes and off-campus provocation. They explore changes in childhood including the rise of fearful parenting, the decline of unsupervised play, and the new world of social media that has engulfed teenagers in the last decade. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.

The Legal Challenges of Social Media

Author: David Mangan,Lorna E. Gillies

Publisher: Edward Elgar Publishing

ISBN: 1785364510

Category:

Page: 352

View: 1587

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Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.

Lines Drawn Upon the Water

First Nations and the Great Lakes Borders and Borderlands

Author: Karl S. Hele

Publisher: Wilfrid Laurier Univ. Press

ISBN: 1554580048

Category: History

Page: 351

View: 2792

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Proceedings of a conference held at University of Western Ontario, London, Ont., Feb. 11-12, 2005.

The End of Men

And the Rise of Women

Author: Hanna Rosin

Publisher: Penguin

ISBN: 1101596929

Category: Social Science

Page: 336

View: 9790

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“You have to…play by the rules so you can get to the top and change things.” -- Sheryl Sandberg A landmark portrait of women, men, and power in a transformed world Men have been the dominant sex since, well, the dawn of mankind. But Hanna Rosin was the first to notice that this long-held truth is, astonishingly, no longer true. At this unprecedented moment, by almost every measure, women are no longer gaining on men: They have pulled decisively ahead. And “the end of men”—the title of Rosin’s Atlantic cover story on the subject—has entered the lexicon as dramatically as Betty Friedan’s “feminine mystique,” Simone de Beauvoir’s “second sex,” Susan Faludi’s “backlash,” and Naomi Wolf’s “beauty myth” once did. In this landmark book, Rosin reveals how this new state of affairs is radically shifting the power dynamics between men and women at every level of society, with profound implications for marriage, sex, children, work, and more. With wide-ranging curiosity and insight unhampered by assumptions or ideology, Rosin shows how the radically different ways men and women today earn, learn, spend, couple up—even kill—has turned the big picture upside down. And in The End of Men she helps us see how, regardless of gender, we can adapt to the new reality and channel it for a better future.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

ISBN: 0195391624

Category: History

Page: 254

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As Jenny Martinez shows in this groundbreaking new book, the international human rights law that we know today is not solely a post-World War II development, as most scholars claim, but rather has roots in one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Martinez focuses in particular on international courts for the suppression of the slave trade. The courts, which were created by treaties and based in the Caribbean, West Africa,Cape Town, and Brazil, helped free more than 80,000 Africans from captured slave ships between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, Martinez uncovers the foundations of contemporary human rights law: international courts exercising jurisdiction over crimes against humanity" long before the Nuremberg trials. Fueled by a powerful thesis and drawing on novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law."

Haitian Connections in the Atlantic World

Recognition after Revolution

Author: Julia Gaffield

Publisher: UNC Press Books

ISBN: 1469625636

Category: History

Page: 270

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On January 1, 1804, Haiti shocked the world by declaring independence. Historians have long portrayed Haiti's postrevolutionary period as one during which the international community rejected Haiti's Declaration of Independence and adopted a policy of isolation designed to contain the impact of the world's only successful slave revolution. Julia Gaffield, however, anchors a fresh vision of Haiti's first tentative years of independence to its relationships with other nations and empires and reveals the surprising limits of the country's supposed isolation. Gaffield frames Haitian independence as both a practical and an intellectual challenge to powerful ideologies of racial hierarchy and slavery, national sovereignty, and trade practice. Yet that very independence offered a new arena in which imperial powers competed for advantages with respect to military strategy, economic expansion, and international law. In dealing with such concerns, foreign governments, merchants, abolitionists, and others provided openings that were seized by early Haitian leaders who were eager to negotiate new economic and political relationships. Although full political acceptance was slow to come, economic recognition was extended by degrees to Haiti--and this had diplomatic implications. Gaffield's account of Haitian history highlights how this layered recognition sustained Haitian independence.

The Black Atlantic

Modernity and Double Consciousness

Author: Paul Gilroy

Publisher: Verso

ISBN: 9780860916758

Category: African Americans

Page: 261

View: 3811

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"Whilst others scarcely put a toe in the water, in The Black Atlantic Gilroy goes in deep and returns with riches." Guardian Afrocentrism, Eurocentrism, Caribbean Studies. To the forces of cultural nationalism trapped in their respective camps, this bold book sounds like a liberating call. There is, Paul Gilroy tells us, a culture that is not specifically African, American, Caribbean, or British, but all of these at once; a black Atlantic culture whose themes and techniques transcend ethnicity and nationality to produce something new and, until now, unremarked. Challenging the practices and assumptions of cultural studies, The Black Atlantic also enriches our understanding of modernism.

The End of Lawyers?

Rethinking the nature of legal services

Author: Richard Susskind OBE

Publisher: OUP Oxford

ISBN: 9780199593613

Category: Law

Page: 368

View: 9506

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This widely acclaimed legal bestseller has ignited an intense debate within the legal profession. It examines the effect of advances in IT upon legal practice, analysing anticipated developments in the next decade. It urges lawyers to consider the sustainability of their traditional role.

The Transatlantic Hispanic Baroque

Complex Identities in the Atlantic World

Author: Harald E. Braun,Jesús Pérez-Magallón

Publisher: Routledge

ISBN: 1317013697

Category: Social Science

Page: 330

View: 6350

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Gathering a group of internationally renowned scholars, this volume presents cutting-edge research on the complex processes of identity formation in the transatlantic world of the Hispanic Baroque. Identities in the Hispanic world are deeply intertwined with sociological concepts such as class and estate, with geography and religion (i.e. the mixing of Spanish Catholics with converted Jews, Muslims, Dutch and German Protestants), and with issues related to the ethnic diversity of the world’s first transatlantic empire and its various miscegenations. Contributors to this volume offer the reader diverse vantage points on the challenging problem of how identities in the Hispanic world may be analyzed and interpreted. A number of contributors relate earlier processes and formations to Neo-Baroque and postmodern conceptualisations of identity. Given the strong interest in identity and identity-formation within contemporary cultural studies, the book will be of interest to a broad group of readers from the fields of law, geography, history, anthropology and literature.

Red Tape

Managing Excess in Law, Regulation and the Courts

Author: Robin Ellison

Publisher: N.A

ISBN: 1108426956

Category: Law

Page: 554

View: 8970

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Red Tape tells the sometimes astonishing story of the making of laws, both good and bad, the recent explosion in rule making, and the failure of repeated attempts to rationalise the statute books - even governments themselves are concerned about the increasing number and complexity of our laws. Society requires the rule of law, but the rule of too much law means that the general public faces frustrating excesses created by overzealous regulators and lawmakers. Robin Ellison reveals the failure of repeated attempts to limit the number and complexity of new laws, and the expansion of regulators. He challenges the legislature to introduce fewer yet better laws and regulators by encouraging lawmakers to adopt practices which improve the efficiency of the law and the lives of everyone. Too much law leads to frustration for all - Red Tape is a long overdue expos of our legal system for practitioners and consumers alike.