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Why does the Global North appear to be having a crisis of political will when it comes to welcoming refugees and migrants into their countries? Is this connected to a global rise of xenophobia? Amongst these international crises of conscience, we are witnessing a quiet humanitarian crisis that is one of cultural displacement. Can theoretical frameworks around "e;multiculturalism"e; assist our understanding of why movements such as #BlackLivesMatters are important for helping us to confront this growing civic phenomenon of internal ostracisation, disenfranchisement and displacement? Undoubtedly, an increasing number of communities around the world are beginning to feel like "e;outcasts on the inside"e; of their own homelands. What are the implications of this for the Human Rights Movement, where the seeds of these local tensions seem to be self-replicating exponentially in other local contexts around the world? Building on Bhikhu Parekh's Pluralist Universalism, this volume seeks to uncover some of the ideological and ethical challenges examined by the many concepts of "e;multiculturalism"e;. From a global contextualisation of Pluralist Universalism to its interrogation through the lenses of cultural memory, nationhood and stakeholdership, this volume of international perspectives aims to provide a theoretical understanding of many global humanitarian crises of identity and belonging. Exploring some of the implications for the Human Rights Movement, as well as uncovering the psychopathological structures of globalisation and "e;whiteness"e;, this volume will also examine the impact of "e;relational multiculturalism"e; on personal identity formation and national belonging.
This encyclopedia presents important research on ethics. The five set volume includes discussions on religious, spiritual, economic, political, medical, environmental, and business ethics.
More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.
Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have authorized its use for over 200 years. Every year, it redirects property worth billions of dollars from criminal to lawful uses. Forfeiture law has always been somewhat unique. By the close of the 20th century, however, legislative bodies, commentators, and the courts had begun to examine its eccentricities in greater detail because under some circumstances it could be not only harsh but unfair. The Civil Asset Forfeiture Reform Act was a product of that reexamination. This book is an overview of federal forfeiture law. It sketches the origins and general attributes of forfeiture, describes the distribution of the hundreds of millions of dollars it generates, and identifies some of the constitutional issues it raises. Furthermore, the book provides an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases, allocation of profits from confiscated assets, and DOJ's equitable sharing program.
Whistleblowers help safeguard the federal government against waste, fraud, and abuse - however, they also risk retaliation by their employers. For example, in 2002, a former FBI agent allegedly suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. The Department of Justice (DOJ) found in her favor over 10 years after she reported the retaliation. The Government Accountability Office (GAO) reviewed DOJ's process for handling such complaints and in this book examines the time DOJ took to resolve FBI whistleblower retaliation complaints; the extent to which DOJ took steps to resolve complaints more quickly; and the extent to which DOJ complied with certain regulatory reporting requirements. Furthermore, in the context of the Intelligence Community (IC), whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings. The threat of retaliation may deter potential whistleblowers from disclosing information on agency wrongdoing. There is seemingly tension between the desire to eliminate this deterrence, and thus encourage whistleblowers to bring agency misconduct to light, and the need to protect government secrets which, if disclosed publicly, could be harmful to the country's national security interests. This book concludes with a discussion on three sources of IC whistleblower protection against retaliation.
Generally speaking, whistleblowers are those who expose misconduct (e.g., fraud, abuse, or illegal activity) within an organization. Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. This book provides an overview of key aspects of the 18 selected federal statutes applicable to individuals in certain private-sector industries. It also examines steps OSHA has taken to include auto industry employees in its whistleblower program and the extent to which OSHA collaborated with DOT components to address potential safety violations; and the number of transportation-related whistleblower claims in the last 6 years and stakeholder-identified factors that may affect those numbers.
This series provides an overview of current analyses and developments pertaining to the law and legal issues in the United States. Topics covered in this volume include mandatory vaccinations; federal and state quarantine and isolation authority; prayer and religious expression in public institutions; free exercise of religion by secular organizations and their owners; aliens' right to counsel in removal proceedings; nondiscrimination in environmental regulation; the proposed equal rights amendment; and federal civil rights statutes.
During her lifetime, Myra Bradwell (1831-1894) - America's "e;first"e; woman lawyer as well as publisher and editor-in-chief of a prestigious legal newspaper - did more to establish and aid the rights of women and other legally handicapped people than any other woman of her day. Her female contemporaries - Susan B. Anthony, Elizabeth Cady Stanton, Lucy Stone - are known to all. Now it is time for Myra Bradwell to assume her rightful place among women's rights leaders of the nineteenth century. With author Jane Friedman's discovery of previously unpublished letters and valuable documents, Bradwell's fascinating story can at last be told.
For more than three decades, the law has recognized the importance of encouraging Federal employees to come forward with reports of any violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. This book explores the extent to which Federal employees perceive wrongdoing, the extent to which they report the wrongdoing they see, and what factors influence their decisions to remain silent or to blow the whistle.
In this book, the authors discuss crime issues from an international perspective, with a focus on socioeconomic factors and psychological implications. Topics include a qualitative analysis of contemporary Australian prison exit issues including prisoner re-entry and prisoner reintegration; offender profiling; hate crime in the U.S. and its relevant factors; stories of rape victims struggles and survival; a European examination of youth sexual aggression and victimization; positive psychology, offender rehabilitation and restorative justice; the effects of crime on marriages, divorce and births to single mothers in bordering states of Mexico; a comparison of geospatial data concerning crime in China and in the U.S.; prosecution of while collar criminals; and the question of whether stigmatized minorities are over-represented in delinquency in France.
This book describes an effort to document alcohol ignition interlock programs in the United States in order to highlight those programs or program features that are believed to be best able to serve traffic safety interests. Information has been gathered into this book bearing on important interlock program features together with some recommendations for states to consider as programs are developed. The general topics in the body of this book include program enrollment issues; interlock program ramp-up and expansion; standardization of reporting and information flow; program compliance, noncompliance and interlock removal; linkages to treatment; differences in court-based judicial programs and motor vehicle administered interlock programs; and suggested core elements of interlock programs. The authors believe that the single major difference among panelists interviewed centered on whether interlocks should play a role in the monitoring of court- ordered alcohol abstinence
While common in occurrence, the evidence needed to prove guilt in impaired driving cases is complex, often requiring expert testimony to assist the trier-of-fact in determining what happened. As in any profession, those who work in it sometimes take for granted the complex nature of our legal system and presume others understand it as we do, which oftentimes is not the case. To fill that void, this publication provides an overview of the criminal justice system for people who will likely encounter it through their roles as expert witnesses.
When such an issue with deep and powerful cultural resonance as firearms is given the full attention of the nation, the challenges involved with confronting the complex interconnectedness of law, public safety, constitutional rights, policy, technology, market forces, and other concerns seem only amplified. With careful consideration, however, untangling the various components of the issue is possible, and an investigation of technology can be accomplished with minimal diversion into the other realms. This book examines existing and emerging gun safety technologies and their availability and use to provide a comprehensive perspective on firearms with integrated advanced safety technologies. These firearms are known by various terms such as smart guns, user-authorized handguns, childproof guns, and personalized firearms. A "e;personalized firearm"e; can be understood to utilize integrated components that exclusively permit an authorized user or set of users to operate or fire the gun and automatically deactivate it under a set of specific circumstances, reducing the chances of accidental or purposeful use by an unauthorized user. Accompanying this book is a CD-ROM examining the Smart Gun Technology Project and updates.
The Department of Defense (DOD)has relied heavily on the critical skills and capabilities of Explosive Ordnance Disposal (EOD) personnel from each of the four military services to counter threats from improvised explosive devices (IED), a significant cause of fatalities among U.S. troops in Iraq and Afghanistan. EOD personnel have extensive training in the detection, identification, on-site evaluation, making safe, recovery, and final disposal of unexploded explosive ordnance. EOD forces' capabilities in countering the IED threat, including collecting and evaluating captured explosive-related enemy material from the devices, have made these forces integral to successful joint military operations. However, the high demand for the EOD capability has resulted in personnel experiencing numerous deployments. In addition to their function in countering IEDs, EOD personnel are responsible for a wide range of other missions, such as clearing unexploded ordnance from training ranges; providing defense support to civil authorities; and assisting the U.S. Secret Service and Department of State with the protection of the President and other high-ranking government officials. This book provides an overview and assessment of the role of EOD forces and operations.
The Internet, as well as other telecommunication networks and information systems, have become an integrated part of our daily lives, and our dependency upon their underlying infrastructure is ever-increasing. Unfortunately, as our dependency has grown, so have hostile attacks on the cyber infrastructure by network predators. The lack of security as a core element in the initial design of these information systems has made common desktop software, infrastructure services, and information networks increasingly vulnerable to continuous and innovative breakers of security. Worms, viruses, and spam are examples of attacks that cost the global economy billions of dollars in lost productivity. Sophisticated distributed denial of service (DDoS) attacks that use thousands of web robots (bots) on the Internet and telecommunications networks are on the rise. The ramifications of these attacks are clear: the potential for a devastating, large-scale network failure, service interruption, or the total unavailability of service. This book provides an integrated view and a comprehensive framework of the various issues relating to cyber infrastructure protection. It covers not only strategy and policy issues, but also the social, legal, and technical aspects of cyber security as well.
In the last two decades, organized crime has grown more complex, posing evolving challenges for U.S. federal law enforcement. These criminals have transformed their operations in ways that broaden their reach and make it harder for law enforcement to combat them. They have adopted more-networked structural models, internationalized their operations, and grown more tech savvy. They are a significant challenge to U.S. law enforcement. This book examines a broad conceptualization of organized crime in its narrative discussion of criminal activity. The analysis includes groups engaged in sustained criminal enterprises, such as, but not limited to: drug traffickers, mafia families, smugglers, violent gangs, and fraudsters. These operations may or may not have a transnational dimension to them, but they directly impact U.S. persons, businesses, and/or interests.
Since the world's first juvenile court was founded in Chicago, our legal system has recognized a separate mandate to rehabilitate youth with an approach that is different than adults. Today, all 50 states and the District of Columbia and the federal government have two distinct systems for dealing with adults and juveniles, and corrections systems kept pace by developing different systems for dealing with the youth. While the majority of youth arrested for criminal acts are prosecuted in state juvenile justice systems, a significant proportion of youth are handled by adult criminal justice agencies. This book examines the issues, impacts and options facing corrections when they manage youth in the adult system, with a focus on raising awareness of these issues, and finding the best ways to curb juvenile delinquency in correctional settings.
Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual's entire genetic makeup. DNA is a powerful tool for law enforcement investigations because each person's DNA is different from that of every other individual (except for identical twins). DNA can be extracted from a number of sources, such as hair, bone, teeth, saliva, and blood. As early as the 1980s, states began enacting laws that required collecting DNA samples from offenders convicted of certain sexual and other violent crimes. The samples were then analyzed and their profiles entered into state databases. Meanwhile, the FBI laboratory convened a working group of federal, state, and local forensic scientists to establish guidelines for the use of forensic DNA analysis in laboratories. This book provides an overview of how DNA is used to investigate crimes and help protect the innocent. It reviews current statutory law on collecting DNA samples, sharing DNA profiles, and providing access to post-conviction DNA testing.
In "e;Constitution, Arbitration and Courts"e;, arbitration is examined as it began, as an extrajudicial mechanism for resolving disputes. Private arbitration predates the public court system. The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Communities introduced arbitration systems intended to resolve their communal conflicts in accordance with custom, equity and internal law. Arbitration threatened a momentous basis of judicial business, as well as judicial jobs linked to the courts' caseloads. Courts perceived the growing status of arbitration as a favored means for resolving business disputes and as a threat to their power. Courts have managed to get in the way of the arbitration process and to gain a role in arbitration. Thus, courts have taken the role of the guardian of public policy in a state, and so arbitration is considered not to be a safe, independent and fully alternative dispute mechanism.
Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyzes the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centers on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.
This book is intended to provide a basic outline of the numerous steps of our federal lawmaking process from the source of an idea for a legislative proposal through its publication as a statute. It is hoped that this book will enable readers to gain a greater understanding of the federal legislative process and its role as one of the foundations of our representative system. One of the most practical safeguards of the American democratic way of life is this legislative process with its emphasis on the protection of the minority, allowing ample opportunity to all sides to be heard and make their views known. The fact that a proposal cannot become a law without consideration and approval by both Houses of Congress is an outstanding virtue of our bicameral legislative system. The open and full discussion provided under the Constitution often results in the notable improvement of a bill by amendment before it becomes law or in the eventual defeat of an inadvisable proposal. As the majority of laws originate in the House of Representatives, this discussion will focus principally on the procedure in that body.
Knowledge management (KM) is introduced to help companies create, share, and use knowledge effectively. Organizational theorists have for example emphasized that information and knowledge acquired by one part of an organization must be communicated speedily to other parts. This book applies the knowledge-based view of the firm as its main theoretical perspective. The knowledge-based view is part of the resource-based view of the firm, which views the firm as a collection of productive resources. The knowledge-based view considers knowledge as the critical input in production of legal services in the law firm. Knowledge is the primary source of value of the firm.
On February 13, 2009, both the House and Senate passed the conference version of H.R. 1, the American Recovery and Reinvestment Act of 2009 (ARRA). The primary purposes of the ARRA focus on promoting economic recovery, assisting those most affected by the recession, improving economic efficiency by "e;spurring technological advances in science and health,"e; investing in infrastructure, and stabilizing state and local government budgets. This book provides a brief overview of the key provisions of the ARRA including the agriculture, nutrition, and rural provisions; medicaid provisions; a summary and legislative history of the Act; and the estimated impact on employment and economic output as of September 2009.
This classic study is one of the few books to explore extensively the many facets of envy-"e;a drive which lies at the core of man's life as a social being."e; Ranging widely over literature, philosophy, psychology, and the social sciences, Professor Schoeck- a distinguished sociologist and anthropologist-elucidates both the constructive and destructive consequences of envy in social life. Perhaps most important, he demonstrates that not only the impetus toward a totalitarian regime but also the egalitarian impulse in democratic societies are alike in being rooted in envy.
Historical Law-Tracts is one of the earliest contributions to the Scottish Enlightenment project of a historical science of society. Henry Home, Lord Kames (1696-1782), was an influential Scottish judge, a prolific man of letters, and one of the leading figures of the Enlightenment in Scotland, and his goal in this work is to show the study of law as a genuinely scientific inquiry and not a mere collection of facts for the lawyer to memorize. He deployed a large range of ancient, medieval, and early-modern sources to trace the development of law and to explain that development in terms of interactions between principles of human nature and political, economic, and social circumstance. He applied this method in substantial and influential treatments of criminal law and the law of property and also to a diverse range of issues, specifically in Scots law. One of Kames's principal objectives was to expose and discredit the continuing influence of feudal principles in eighteenth-century Scots law and, as such, Historical Law-Tracts can be read as a manifesto for a modern, commercial, Scotland. The work found an international readership as well, especially in America, where it was read as an object lesson in understanding the role of law in a free society.In Historical Law-Tracts, Kames combined the natural law framework that underlies his Essays on the Principles of Morality and Natural Religion with the "e;conjectural,"e; or philosophical, approach to history that would receive its fullest treatment in his Sketches of the History of Man to offer a history of law as a history of the progress of mankind from savage to civil society.The Liberty Fund edition supplements Kames's original text with a new introduction providing historical context and biographical information, expansion of Kames's footnotes to explain the often rather obscure system of reference used in the book, translation of the Latin passages, and explanatory annotations relating to important changes that Kames made to the text, including variant readings from earlier editions.James A. Harris is Professor of the History of Philosophy at the University of St. Andrews, Scotland. He is the author of Hume: An Intellectual Biography and Of Liberty and Necessity: The Free Will Debate in Eighteenth-Century British Philosophy. He is the editor of the Liberty Fund edition of Kames's Sketches of the History of Man.
Samuel Pufendorf was a pivotal figure in the early German Enlightenment. His version of voluntarist natural law theory had a major influence both on the European continent and elsewhere in the English-speaking world, particularly Scotland and America. Pufendorf's An Introduction to the History of the Principal Kingdoms and States of Europe (1682) became one of his most famous and widely reprinted works. It went through multiple editions during the eighteenth century, but its impact has largely been forgotten.Pufendorf's histories exhibited the core notions of his natural law theory by describing the development and current, reciprocal relations of individual states as collective social agents engaged in securing their own and, thus, their members' interests, including self-preservation. Hence, they essentially functioned as vehicles for philosophical demonstration or justification. Moreover, by emphasizing empirical details and legitimating (in principle) a de facto politics of interest, the histories appealed strongly to the emerging nation-states of early modern Europe, which sought ratification of their external and internal actions, policies, and pedagogies. Pufendorf based his accounts on each country's own historians and took care to describe its position from its own current and historical perspectives. It was an appealing approach to political history, judging from the long and diverse publishing record of the work.This book will be of interest to anyone concerned with the history of international law and the development of historiography during the seventeenth and eighteenth centuries. It makes available to contemporary scholars and students a carefully edited, helpfully annotated, and historically situated English version of one of Pufendorf's most popular and influential works.Samuel Pufendorf (1632-1694) was one of the most important figures in early-modern political thought. An exact contemporary of Locke and Spinoza, he transformed the natural law theories of Grotius and Hobbes, developed striking ideas of toleration and of the relationship between church and state, and wrote extensive political histories and analyses of the constitution of the German empire.Jodocus Crull (d. 1713/14) was a German emigre to England, a medical man, and a translator and writer.Michael J. Seidler is Professor of Philosophy at Western Kentucky University.Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.
Almost a generation before Washington, Henry, and Jefferson were even born, two Englishmen, concealing their identities with the honored ancient name of Cato, wrote newspaper articles condemning tyranny and advancing principles of liberty that immensely influenced American colonists. The Englishmen were John Trenchard and Thomas Gordon.John Trenchard (1662-1723) devoted himself to writing on contemporary British politics and for one year was a Member of Parliament from Taunton.Thomas Gordon (ca. 1695-1750) was a tutor in languages, a publisher, and a pamphleteer.Ronald Hamowy was Professor Emeritus of Intellectual History at the University of Alberta, Edmonton.
Technology licensing is an important element of conduct in many industries and has attracted a fair amount of attention in recent years. While vertical industrial structure is quite common, the literature on technology licensing has not paid much attention to this aspect. Considering fixed-fee licensing, the authors show that upstream and downstream markets play important roles for a profitable licensing. The authors of this book also analyze the Technology Transfer (TT) challenges within the new climate regime, in terms of the process of innovation into an existing energy system, the related barriers and the supporting diffusion mechanisms, with the emphasis laid on the emerging opportunities within the new climate regime. Successful practices are also presented and discussed by both the developed and the developing countries in this respect. Also investigated in this book is the potential of transferring and implementing sustainable energy technologies through the Clean Development Mechanism of the Kyoto Protocol in Chile, China, Israel, Kenya and Thailand. Moreover, the available literature Geographical Indications (GIs) are surveyed and related geographical origin systems with particular emphasis on international markets. The authors also examine the matter of intellectual property (IP) and how it bears on the two economic sectors. Consideration is given to the role of patents, trade secrets, trademarks and copyrights and their relative value as strategic tools in the current competitive environment.
The House and Senate must approve an identical version of a measure before it may be presented for the President's approval or veto. If the House and Senate approve differing versions of a measure, the differences must first be resolved. One way to do this is through an exchange of amendments between the houses. When the House or Senate considers an amendment of the other chamber, it does not yet formally disagree to that amendment. At this stage, the House or Senate may concur in the amendment, thus ending the process, or concur in the amendment with a further amendment of its own, proposing a new text to the other chamber. This book examines the procedures of amending, and in particular, the consideration of Senate Amendments by the House and House Amendments by the Senate. In addition, before a conference committee can convene, the two houses must complete the same three actions. These actions are discussed in this book, as well as the three steps that the Senate must take in arranging to send a bill to conference.