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PANES OF THE GLASS CEILING: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity
Kerri Lynn Stone
More than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the “glass ceiling” that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute “panes” and (“pains”) to the “glass ceiling.” Each chapter identifies an “unspoken belief” and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced – even taboo – beliefs, we can better address and confront them and the problems they cause.
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Contributor, in COLLECTIVE WISDOM: When to Impeach With an Inconsistent Statement
H. Scott Fingerhut
In that trial is competitive storyshowing in context, H.T. Smith, Director of FIU’s Trial Advocacy Program, rightly insists that the trial lawyer necessarily filters most every advocacy decision through the prism of “it depends,” including when on cross-examination to impeach a witness with a prior inconsistent statement. Whether the prior statement helps you, hurts you, or, albeit inconsistent, does neither, the when question takes these factors into consideration: • Significance―the contrast between the statements • Materiality―the importance of the impeachment to your case • Timing―when you learn of the impeachment opportunity Do the math.
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Family Law in Latin America: Procedural and Substantive Issues. Derecho de Familia & Sucesiones en Latinoamérica. Jurisdicción y Derecho aplicable
Gilberto A. Guerrero-Rocca and Gilberto Guerrero-Quintero
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The Law Reports of the Special Court for Sierra Leone: Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
Charles C. Jalloh and Simon Meisenberg
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.
This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. -
Corporations and Other Business Enterprises, Cases and Materials 5th Edition
Jerry W. Markham, Thomas Lee Hazen, and John Coyle
In addition to the law of corporations, the casebook explores the law of partnerships and the law of limited liability companies. It contains specialized treatment of fiduciary duties and closely-held corporations. It addresses the federal securities laws, Sarbanes-Oxley, SEC proxy rules, and insider trading. The casebook also discusses mergers and acquisitions, corporate finance, and the role of corporate lawyers in effectuating business transactions. Suitable for use in basic as well as advanced courses.
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El Derecho Indiano y la Transferencia de la Florida Oriental al Reino de España (1783-1785) Indian Law and the Transfer of East Florida to Spain (1783-1785)
M C. Mirow
In July 1784, Governor Vicente Manuel de Zéspedes took possession of East Florida for the Spanish crown and reestablished Spanish institutions, tribunals and structures under Derecho Indiano. To resolve disputes between British subjects under his jurisdiction, Zéspedes named John Leslie, a successful Scots trader, and Francis Philip Fatio, a Swiss planter, as judges for British cases. This study examines their work in the transition of the province from British to Spanish control.
En julio de 1784, el Gobernador Vicente Manuel de Zéspedes tomó posesión de la provincia de la Florida Oriental para la corona española y restableció las instituciones, los tribunales y las estructuras españolas bajo el Derecho Indiano. Para resolver las disputas entre los súbditos británicos bajo su jurisdicción, Zéspedes nombró a John Leslie, un exitoso comerciante escocés, y a Francis Philip Fatio, un suizo propietario de una plantación, como jueces para casos británicos. Este estudio examina su trabajo en la transición de la provincia de manos británicas a españolas.
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Legal Iconography and Painting Constitutional Law
M C. Mirow
Predominantly a European phenomenon, the study of legal iconography has expanded to the common law world and informed approaches to Anglo-American legal development. European painting, sculptures, and other artwork were used in forensic settings to channel behavior of judges, lawyers, and litigants. Such artwork often combined religious perspectives, such as depictions of the Last Judgment, but might also reflect more secular notions such as Justice. Cultural historians and theorists have supplemented these traditional approaches by expanding the scope of the analysis of the relationship between image and law. This book continues these scholarly efforts. It is, in essence, a study of legal iconography at ground level. The viewers, interpreters, and expositors of Cortada’s paintings are constitutional scholars rather than historians or theorists of law, art, or culture. This work analyses common law materials, constitutional cases, and the depiction of specific cases in twenty-first century artwork. It illustrates the potential for legal iconography to offer deeper insights into law, legal institutions, justice, injustice, and legal change in modern society.
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African Union Continental Free Trade Area: Opportunities for New Regional Discourse?
J. Janewa OseiTutu
This chapter begins with a brief introduction to existing international Intellectual Property (IP) obligations. It then discusses the African Unions (AU's) IP policies as derived from AU policy statements and language from the statute of the Pan-African Intellectual Property Organization (PAIPO). One of the initiatives of the AU was to adopt an instrument establishing the PAIPO to address IP throughout the African continent. Among other things, the PAIPO shall “harmonize intellectual property standards that reflect the needs of the AU,” its member states, and regional organizations. The preamble to the PAIPO statute makes it clear that “development” is one of the priorities of the organization, stating that AU member states are “determined to promote a development-oriented intellectual property system in order to achieve the objectives of the African Union. The PAIPO preamble also speaks to the need to strengthen national capacity and affirms the recommendations of the WIPO development Agenda.
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Feminist Judgments: Rewritten Property Opinions
Eloisa Rodriguez-Dod and Elena Marty-Nelson
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
- Contains both rewritten opinions and commentaries, helping readers learn to critically analyze cases
- Features diverse voices regarding race, ethnicity, gender, sexual orientation, and socio-economic status
- Demonstrates how feminist perspectives can enrich and deepen the process by which judicial decisions are made
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May It Please the Court
Howard Wasserman
In his painting series May It Please the Court, artist Xavier Cortada offers visual depictions of ten significant constitutional law decisions from the Supreme Court of the United States that originated in Florida. Cortada’s series is ‘of’ Florida, cases arising from instances unique to the state, in which Florida people, places, and events produce Florida things. Because Florida is a weird place full of weird people doing weird things. But those weird events produce legal disputes resulting in constitutional principles affecting the rest of the nation on matters ranging from criminal procedure to freedom of the press to free exercise of religion to property rights to state sovereign immunity.
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Property Lawfare: Historical Racism and Present Islamophobia in Anti-Mosque Activism
Cyra Akila Choudhury
Islamophobia and the Law is a foundational volume of critical scholarship on the emerging form of bigotry widely known as Islamophobia. This book brings together leading legal scholars to explore the emergence and rise of Islamophobia after the 9/11 terror attacks, particularly how the law brings about state-sponsored Islamophobia and acts as a dynamic catalyst of private Islamophobia and vigilante violence against Muslims. The first book of its kind, it is a critical read for scholars and practitioners, advocates and students interested in deepening their knowledge of the subject matter. This collection addresses Islamophobia in race, immigration and citizenship, criminal law and national security, in the use of courts to advance anti-Muslim projects and in law and society.
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Ruling the Law: Legitimacy and Failure in Latin American Legal Systems
Jorge L. Esquirol
The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.
- Challenges the image of permanent failure of Latin American law
- Demonstrates the role of legal ideology in comparative law
- Delineates a relatively new field of study in international relations, focusing on the power dynamics among national legal systems
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The Chimera of Smart Contracts
Manuel A. Gomez
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
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UNCITRAL Model Law on International Commercial Arbitration: A Commentary
Manuel A. Gomez and Ilias Bantekas, et al
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National Report for the Venezuela (2020)
Manuel A. Gomez and Gilberto A. Guerrero-Rocca
This National Report describes the legal framework of domestic and international arbitration in the Bolivarian Republic of Venezuela (“Venezuela”). It includes the most relevant and recent case law, and other important aspects that have shaped the development and use of commercial and investment treaty arbitration in recent times. This Report also discusses the regulation and use of mediation/conciliation given its distinction – alongside arbitration – as a non-judicial form of dispute resolution. The description offered here also considers the social, economic and political context insofar it is relevant to the discussion about arbitration in Venezuela. This Report is divided into nine chapters, including this introduction (Chapter I). Chapters II to VII cover different aspects of commercial arbitration, from the arbitral agreement to the means of recourse against the award. Chapter VIII discusses the current state of mediation/conciliation in Venezuela, and Chapter IX addresses the main issues involving investment treaty arbitration. An unofficial English translation of the Commercial Arbitration Law of 1998 (Ley de Arbitraje Commercial, “CAL”) is included as Annex I. Venezuela modernized its arbitration legislation in the late twentieth century with the ratification of five major treaties, the enactment of a special commercial arbitration statute, and the inclusion of a constitutional provision granting arbitration – and other alternative dispute resolution mechanisms – a preeminent place in the country's legal system. (1) In addition – during the nineties – Venezuela entered into a number of bilateral investment treaties (“BITs”) with other countries, which included arbitration provisions as the exclusive means to resolve any disputes arising between foreign investors and Venezuela as a host state. As we will explain later, some of these BITs, noticeably the ones with The Netherlands, Canada and Spain, served as the basis for a number of investor-state arbitration claims brought against Venezuela during the last decade. Most of the cases arose from the expropriations of assets by the Venezuelan government, which affected both domestic and foreign investors and garnered the attention of the international arbitration community. Predictably, after the initial upsurge of claims logged against Venezuela, the government terminated the BIT with the Netherlands, denounced the ICSID Convention, and took other protective measures to prevent future claims. We discuss some of the issues surrounding investment arbitration in Chapter IX. Since the majority of this report is focused on commercial arbitration, the following chapter describes laws adopted, and the most relevant judicial decisions that have contributed to shape the development of arbitration in Venezuela. The subsequent parts if this report will delve into other important features of this dispute resolution mechanism, thus offering a comprehensive picture of its current status.
