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The mediation system of China from an interdisciplinary perspective /
No full textDelivering a much-needed in-depth, interdisciplinary exploration of mediation practices in China, this study removes the common misconception that mediation is merely a mechanical application of norms. It provides a comprehensive understanding of China's mediation practices by blending cultural, social, and legal analyses with detailed case descriptions from fieldwork. Readers will gain insights into the interactive dynamics between legal norms and the social environment in grassroots China. This book helps readers understand mediation and Chinese law within their broader cultural, social, and political contexts, offering insights beyond the purely legal dimension. The book is an invaluable resource for scholars, students, and practitioners in the fields of Chinese law, dispute resolution, and socio-legal studies. It offers a unique perspective that contextualizes mediation within the socio-political landscape, providing readers with a richer, more nuanced understanding of Chinese legal culture
Judging under constraint ::the politics of deference by international courts /
No full textAs international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference
Court, credit, and capital ::Amsterdam's insolvency legislation in the Dutch golden age /
No full textSeventeenth-century Amsterdam was a city of innovations. Explosive economic growth, the expansion of overseas trade, and a high level of religious tolerance sparked great institutional, socioeconomic and legal changes, a period generally known as 'the Dutch Golden Age.' In this book, Maurits den Hollander discusses how insolvency legislation contributed to the rise of a modern commercial order in seventeenth-century Amsterdam. He analyzes the procedure and principles behind Amsterdam's specialized insolvency court (the Desolate Boedelskamer, 1643) from a theoretical perspective as well as through the eyes of citizens whose businesses failed. The Amsterdam authorities created a regulatory environment which solved insolvency more leniently, and thus economically more efficiently, than in previous times or places. Moving beyond the traditional view of insolvency as a moral failure and the debtor as a criminal, the Amsterdam court recognized that business failure was often beyond the insolvent's personal control, and helped restore trust and credit among creditors and debtors
Intellectual property ::moral and legal foundations /
No full textIntellectual property rights - and the very concept of such rights - are coming under attack in our modern world, in which there is widespread sharing of content across a spectrum which extends from agreed open access to outright piracy. Institutions and legal systems that protect intellectual property, both domestically and internationally, stand in need of justification. In this book five different philosophical justifications for intellectual property are presented and defended. Additionally, all of the major criticisms of intellectual property are examined and ultimately rejected. The discussion includes the issues and controversies surrounding generative artificial intelligence and the challenges which it poses to current systems of intellectual property protection. As a result of this thorough and wide-ranging analysis, readers in philosophy, law, political science, information science, and media studies will be in a better position to determine the benefits and burdens of patents, copyrights, trademarks, and trade secrets
Disaster and hazardous materials incident response ::a lawyer's guide /
No full text"Natural, technological, and human-caused disasters are occurring with greater frequency and causing more deaths, injuries, and property and financial damages than ever. Facing such losses, many turn to their lawyers for answers and counsel. Following an 'all-hazards' approach, this book provides vital, practical guidance for private practitioners, in-house counsel, other attorneys, and consultants helping clients prepare for, respond to, and recover from disasters, including hazardous materials spills and releases. This book provides an overview of disaster management, preparedness strategies, government relief programs, insurance claims for disasters, investigations of disaster liability, and responding to pollution incidents" -- Back cover
Vested interests ::trusteeship and native dispossession in the United States /
No full text"From the earliest days of its founding, the United States set its sights on Native territory. Amid better-known "Indian wars," the federal government quietly built an empire by treaty, offering payments to Native peoples for their land. Routinely inadequate, these payments were nonetheless pivotal because federal officials chose not to deliver them as a lump sum. Instead, the government kept the bulk of payments owed to Native nations under its own control as a trustee, and made access to future installments contingent on Native compliance. In Vested Interests, Emilie Connolly describes how a system of "fiduciary colonialism" seized a continent from its original inhabitants--and, ironically, furnished Native peoples with financial resources that sustained their nations. Connolly documents two centuries of dispossession in the guise of fiduciary benevolence. Acting as both dispossessor and trustee, the federal government invested Native wealth in state bonds that financed banks, canals, and other infrastructural projects that enabled the country to expand further westward. Meanwhile, Native peoples protected the money they did receive for future generations, investing it in their own institutions and mounting legal challenges to hold their trustees accountable. Still, federal trusteeship placed tight constraints on Native economies with the aim of containing Native power, forcing nations to endure through sheer resilience and ingenuity. By chronicling the long history of Native land dispossession through financial paternalism, Vested Interests reveals the unequal dividends of colonialism in the United States"-
Through the Constitution's eyes ::a historical analysis of the President's Article II powers and duties /
No full text"A timely examination of the President's Article II powers and duties at a moment in history when an autocratic presidency is a very real possibility"-- Provided by publisher