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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.
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The Legal Legacy of the Special Court for Sierra Leone
Charles C. Jalloh
This book examines whether the Special Court for Sierra Leone (SCSL), which was established jointly through an unprecedented bilateral treaty between the United Nations (UN) and Sierra Leone in 2002, has made jurisprudential contributions to the development of the nascent and still unsettled field of international criminal law. The monograph, which focuses on the main legal legacy of the SCSL, opens with an examination of the historical and political circumstances which led to the outbreak of a notoriously brutal civil war in Sierra Leone which lasted betweenMarch1991 and January 2002 and led to the deaths of approximately75,000 people. Following a discussion of the creation, jurisdiction, and the trials conducted by the SCSL, the author examines the SCSL’s unique personal jurisdiction over persons bearing “greatest responsibility” for the serious crimes committed in Sierra Leone and the implications of its use in future ad hoc international tribunals; the prosecution of the novel crime of “forced marriage” as other inhumane acts of crimes against humanity; the prosecution of the war crime of recruitment and use of children under the age of fifteen for the purpose of using them to participate actively in hostilities; as well as issues of immunity for the serving head of state of Liberia, which President Charles Taylor sought to invoke to block his own trial for international crimes before the SCSL. The book then discusses the status of blanket amnesties under international law, and critically evaluates the SCSL’s ruling that such a domestic measure could not block prosecution of universally condemned crimes before an independent international tribunal. Lastly, the book evaluates the tenuous interaction between truth commissions and special courts given both their simultaneous operation in Sierra Leone and distinctive mandates aimed at reconciliation and punishment. The author demonstrates that the SCSL, as the third modern international criminal tribunal supported by the UN, made some useful jurisprudential additions on many of these topics, and in some cases broke new ground, and that these represent a valuable legal and judicial contribution to the development of the nascent field of international criminal law.
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Florida Wills, Trusts, and Estates Cases and Materials, Fourth Edition
Elena Maria Marty-Nelson and Eloisa Rodriguez-Dod
Building on the success of the prior editions of this highly-regarded casebook, this fourth edition continues its innovative approach of covering trusts as extensively as it does wills. The casebook’s coverage recognizes modern trends in wills, trusts, and estates planning. This edition of Florida Wills, Trusts, and Estates is the first casebook to include analysis of the recently enacted Florida statutes permitting the execution of wills, trusts, and other related documents electronically. Although Florida law is the focus, this casebook also discusses laws from other states and uniform acts approved by the Uniform Law Commission. The fourth edition also includes new uniform acts, such as the Uniform Electronic Wills Act (E-Wills Act).
To encourage students to view wills, trusts, and estates issues from the standpoint of both planners and litigators, the authors include numerous questions that require students to think about ways to draft or plan to avoid litigation, while accomplishing clients’ goals. While the casebook is intended for the basic wills and trusts course, it may also be used in advanced trusts and estates courses, as it includes chapters on estate planning, powers of appointment, advanced directives, and probate.
The rules governing wills and trusts continue to be state-law-driven. The authors’ philosophy is that students gain critical insights into complex issues by studying the laws of one jurisdiction as a whole. Florida law is a perfect platform for this endeavor because it has extensive probate and trust codes and significant case decisions addressing current and cutting-edge issues.
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Scots Traders and Spanish Law in East Florida
M C. Mirow
Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.
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The Thistle, the Rose, and the Palm: Scottish and English Judges in British East Florida
M C. Mirow
The National Archives (Kew) contain a small trove of court records from the province of East Florida. These records indicate at least eight separate courts were in operation during the British period from 1763 to 1784. Until now, these legal papers were thought to have been lost or destroyed. They reveal an unexplored world of British and colonial American legal history. St Augustine, East Florida, was a southern colonial legal hub in the British Empire before, during, and after North American independence. This chapter examines the judges of the province and their links to Scotland, England, and British colonies to the north of the province. Allocation of legal positions in East Florida reflected extant Scottish and English networks and connections found throughout the Empire.
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Commentary on Via v. Putnam
Eloisa Rodriguez-Dod
Joann Putnam went to her grave with the comfort of knowing she had entered into a binding contract with her husband, Edgar Putnam, to protect and provide for her son, Robert Blackburn, and the couple’s five children. In November 1985, six months before Joann’s death, Joann and Edgar had executed mutual wills. These were not simply mirror wills.
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A Voice in the Development of Amazonia: The Constitutional Rights to Participation of Indigenous Peoples
Sarah C. Slinger and Maria Antonia Tigre
This chapter looks at Indigenous rights in Amazon countries, comparing the substantive law with its practical implementation. While constitutions evidence a clear intent to protect Indigenous groups, enforcement is often problematic, and the rights of Indigenous populations have rarely been vindicated. Through an analysis of some case studies in Amazonia, such as the Chevron oil spill in Ecuador, the Belo Monte Dam in Brazil, and the TIPNIS Project in Bolivia, this chapter discusses whether these constitutional provisions are being respected. Almost 400 Indigenous groups currently live throughout the Amazon region, which is shared by nine countries. Due to their close proximity to the region’s rich natural resources, Indigenous groups are some of the most affected populations by infrastructure projects and other initiatives to promote socio-economic development. These groups have suffered marginalization by their governments, and were traditionally excluded from the approval process of these projects. However, after a series of constitutional revisions, most countries embraced provisions recognizing Indigenous rights and environmental protections, including the right to Free, Prior, and Informed Consent and the right to participation. The recognition of constitutional environmental rights for Indigenous communities was the first step in a long battle to ensure the voices of Indigenous groups are heard, both politically and in terms of economic development plans. Although Indigenous groups and their lands are constitutionally protected, actually putting these rights into practice has been proven a challenge. In most cases, states have difficulty redressing environmentally harmful practices when it conflicts with plans for economic development.
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Amores Fatales: Homicidas Conyugales, Derecho y Castigo a Finales del Período Colonial en el Atlántico Español (Spanish Edition)
Victor M. Uribe-Uran
Para los Historiadores, los homicidios conyugales son significativos debido a lo que revelan en torno a la historia social de la familia, en particular la historia oculta de las relaciones y conflicto de género en el día a día, y también de los crímenes y castigos. Amores fatales examina estos fenómenos a finales del periodo en el Atlántico español, enfocándose en incidentes ocurridos en la Nueva España (México colonial), la Nueva Granada (Colombia Colonial) y España desde la década de 1740 a la de 1820. En los más de 200 casos consultados, esta investigación considera no solo los rasgos sociales de los homicidios, sino también los discursos legales y las prácticas judiciales que guiaron el tratamiento de los homicidios conyugales, ayudándonos a entender la intersección entre la violencia doméstica y el patriarcado privado, estatal y de la Iglesia, así como entre estos y el derecho.
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Constitutional Analysis in a Nutshell, 3d
Thomas E. Baker
This authoritative text provides a framework for understanding individual liberty and governmental power and the institutional role played by the Supreme Court of the United States. Coverage in this new improved edition includes all the major topics of the subject: judicial review: commerce clause and state powers: federalism: separation of powers: congressional and executive powers: and individual civil rights and civil liberties. Includes diagrams that aid understanding of the fundamentals of our system of government. Extremely accessible and comprehensive — this is a paperback course in American Constitutional Law.
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An Integrated Approach to Defending Those with Mental Health Conditions
Eric R. Carpenter
When mental health professionals first begin working with a military population, they may quickly notice that the military justice system is uniquely challenged by servicemembers who have mental health problems. Unlike the civilian justice system, where those with serious mental health problems frequently cycle in and out of the criminal courts, such cases are relatively rare in the military system. Compared with the civilian population, the military population is relatively healthy: The military screens its incoming population, which tends to reduce the percentage of people who have very serious mental health problems. One outgrowth of this is that although mental health professionals in the civilian justice system gain experience dealing with the seriously mentally ill, those in the military justice system do not tend to have that depth of experience. People in the civilian system with milder forms of mental illness may never interact with the criminal justice system. Their illness may manifest in behaviors that are not criminal. For example, if they show up late to work (or not at all) because they have a hard time getting out of bed, they might lose their job-but they will not go to trial. If their illness manifests in behaviors that are criminal, such as using cocaine or marijuana to self-medicate, they may never be caught, and even if they are, law enforcement may not be interested in spending taxpayer money prosecuting their cases.
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Introduction: Origins and Issues of the African Court of Justice and Human and Peoples' Rights
Kamari M. Clarke, Charles C. Jalloh, and Vincent O. Nmehielle
In June 2014, at its summit in Malabo, Equatorial Guinea, the Assembly of Heads of State and Government ('Assembly') of the African Union adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the 'Malabo Protocol'). The so-called Malabo Protocol was one of eight legal instruments adopted by African Union (AU) leaders, but undoubtedly one of its most significant. The significance stems, partly, from the consideration and addition of a third section to the proposed African Court of Justice and Human Rights (ACJHR) which had already formally anticipated the possibility of a regional tribunal with jurisdiction over human rights issues as well as general disputes arising between African States. The new Court will, once its statute enters into force upon achievement of the 15 required ratifications additionally possess the competence to investigate and try 14 international, transnational and other crimes in a highly ambitious tribunal with three separate chambers and jurisdictions:' (1) the General Affairs Section, (2) the Human and Peoples' Rights Section and (3) the International Criminal Law Section. The merger of these three chambers addressing inter-state disputes, human rights and penal aspects into a single court with a common set of judges represents a significant development in Africa and in wider regional institution building and law making.
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LexisNexis Practice Guide: Florida DUI Law
H. Scott Fingerhut and Robert S. Reiff
With its easy-to-navigate table of contents, concise on-point writing, and abundant practical features, LexisNexis Practice Guide: Florida DUI Law provides an excellent source to help attorneys find answers to their questions about Florida DUI practice.
• Combines on-point coverage of the law with practical, how to insights developed through the authors' years of practice experience.
• Within each chapter, warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps.
• Checklists highlights important considerations and procedural steps in building a case.
• The forms appendix contains dozens of sample forms for use in your DUI practice.
• Annual updating with replacement volumes ensures that all coverage remains current. -
Legal Professionals in Latin American in the Twenty - First Century
Manuel A. Gomez
It is difficult to imagine a group with a greater influence than legal professionals on the organization and development of the modern Latin American state. By legal professionals I am not only referring to those licensed to practice law and represent clients, but also the judges, magistrates, law enforcement officials, and other individuals formally trained whose professional occupation is to liaise between the formal legal system and society at large. By this measure, law students should also be considered legal professionals, albeit their role and contribution is arguably different and more limited than the one performed by judges, lawyers, and others. Legal professionals have been vital to many activities associated with the functioning of the formal legal system, including lawmaking, interpreting laws, adjudicating disputes, offering legal advice, and obviously participating in the enforcement of judicial and administrative decisions. Legal professionals have also been at the heart of the political process and the functioning of the state, since colonial times (Pérez-Perdomo 2006). Lawyers are commonly found in many government agencies, and public offices, across the spectrum of the state’s bureaucracy throughout the region (Falçao 1984, 1988; Fix-Fierro and López Ayllón 2003). The contribution of Latin American legal professionals to society goes beyond the public sphere, as they have also been key players in the private sector (Gómez and Pérez-Perdomo 2017a). From the traditional roles of legal advisors, and in-house counsel, generally reserved to lawyers; legal professionals also act as corporate officers, political brokers, and lobbyists. Moreover, certain fields like the protection of the environment or human rights have also been primarily shaped by the work of legal professionals through their involvement in policymaking, advocacy, and activism (Gómez 2010; Rodríguez-Garavito 2010; Dezalay and Garth 2002).
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