Faculty Books

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  Origins of Labor Rights and Justice in Colombia, 1850-1950

  Victor M. Uribe-Uran and Germán Alfonso Palacio Castañeda

  Works addressing the history of Colombian labor rights and justice during the period covered in this chapter are limited in number and depth. Contemporary technical juridical manuals and legal compilations, quite useful as historical sources, are certainly available. Other than these, the one text that pays greater attention to historical legal aspects is an insightful book written from a Marxist perspective. Its authors suggest that the labor legislation enacted during some of the decades covered in this study was mainly the result of the implacable "logic of capital,” directed at crippling the labor movement and maximizing capitalist productivity. However, they do not pause over the emergence, nature, and meaning of labor justice, and neither do they discuss the labor jurisdiction (a separate specialized court system) as such. After all, the labor one was just an expression of bourgeois justice in general and, thus, at the service of capitalist accumulation. An additional study combining historical insights with technical legal analysis pays closer attention to the vicissitudes of unionization - related laws than labor courts and justice. Another work examines historical aspects briefly and mainly as background information for a sociological discussion concerning the operation of labor justice in recent decades. One more touches on a period closer to that under examination here but does not focus at all on the transition from civil to labor justice, an aspect addressed in this essay. Therefore, this chapter is a preliminary attempt to fill a historiographical gap on the circumstances behind the emergence of a specialized system of labor courts and procedures. As the introduction of this book suggests, like the rest of the chapters this one strives to connect labor history and legal history. It offers, in particular, a general "archeological" overview of a labor justice in Colombia, looking at its connections to labor conflicts and related state reforms and policies. While the chapter highlights the overall historical meaning of this new legal and judicial specialty, the actual operation of labor justice is beyond the essay's scope and would require further studies.

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  Lactation and the Working Woman: Understanding the Role of Organizational Factors, Lactation Support, and Legal Policy in Promoting Breastfeeding Success

  Valentina Bruk-Lee, Deborah Albert, and Kerri Stone

  This chapter explores the organizational factors shown to impact a woman’s ability to successfully combine breastfeeding and work. As such, we explore the role of support for breastfeeding at work, flexible work arrangements, organizational policies, and other work characteristics on women’s work attitudes and well-being, as well as on, breastfeeding initiation and/or duration. The chapter discusses interventions to overcome organizational barriers, with a focus on employer education efforts and workplace lactation programs, both of which promote breastfeeding continuation upon return to work while resulting in numerous corporate benefits. Last, we conclude with a timely overview and interpretation of the complex legal landscape surrounding this critical topic in the United States, including a discussion of recent changes in legislation intended to afford the lactating working mother additional protection in the American workplace.

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  The International Criminal Court in an Effective Global Justice System

  Linda E. Carter, Mark S. Ellis, and Charles Chernor Jalloh

  International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.

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  Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation

  Cyra Akila Choudhury

  With the emergence of assisted reproductive technologies, particularly in vitro fertilization, gestational surrogacy in which an woman can be hired to gestate the child of commissioning parents has grown into a multimillion dollar industry. While many countries prohibit surrogacy, others permit and some even allow women to charge for the service of gestation on a commercial basis. This article addresses the regulation of transnational surrogacy and the related legal conflicts that arise in cross-border agreements particularly in commercial contracts It starts with a brief exploration of the surrogacy industry and growth. It then goes on to describe and analyze some of the legal frameworks that affect surrogacy contracts. The article proceeds to discuss some of the most prominent cross-border controversies to highlight that these conflicts tend to arise from a lack of international or transnational regulation on parentage and citizenship. Finally, the article explores the proposals for international regulation and the prospects of solving some of the more difficult legal problems that have arisen from transnational surrogacy.

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  ¿Ayuda la Internacionalización? Un Análsis del Proceso de Paz Colombiano de 1998

  Jorge L. Esquirol

  El 27 de agosto del 2012 el presidente de la República anunció que había llegado a un acuerdo con el movimiento guerrillero FARC-EP para emprender negociaciones que condujeran a la terminación del conflicto armado. Las negociaciones han sido presentadas como el paso definitivo hacia una paz que favorecerá el progreso económico y el bienestar general y han sido recibidas con grandes expectativas. No obstante, los discursos que anuncian la paz no son nuevos para el país, y los colombianos han perdido la ingenuidad cuando se trata de las FARC. Entre otras cosas, el público tiene una teoría sobre el conflicto, las negociaciones y la paz, que este libro procura ayudar a construir.

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  Ficções do Direito Latino-Americano

  Jorge L. Esquirol

  A Coleção Teoria e História do Direito, coordenada por Ronaldo Porto Macedo Junior e José Reinaldo de Lima Lopes, oferece ao leitor brasileiro alguns dos mais recentes e relevantes textos, nacionais e estrangeiros, da teoria e da história do pensamento jurídico. Considerando o caráter institucional do direito, a integração entre teoria e história ajuda a entender de maneira mais completa o que fazem e como pensam os juristas. Esta coletânea reúne ensaios do autor sobre direito comparado latino-americano. Neles o autor discute e critica duas ficções hegemônicas sobre o Direito na America Latina: a de que seria uma mera copia do Direito europeu e de que seria um Direito fracassado, sempre incapaz de atingir os níveis de excelência formal e de desempenho alcançados nos países do capitalismo central. Ao desafiar estas ficções Esquirol oferece ao leitor um inspirado e rigoroso texto que servirá de grande estimulo aos interessados em Direito Comparado, Historia do Direito, Direito Internacional e Direito e Desenvolvimento.

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  La Geopolítica del Constitucionalismo en Latino-América

  Jorge L. Esquirol

  El presente libro se encuentra estructurado en tres partes bien diferenciadas. En la primera, se examina la relación que existe entre el constitucionalismo latinoamericano y el estadounidense. En la segunda parte del libro, se examina críticamente la experiencia que ha tenido Latinoamérica tanto con el constitucionalismo liberal como con el radical durante los últimos 25 años. Se analiza la experiencia de países como Colombia, México y Argentina y se hace un balance de las experiencias ecuatoriana, boliviana y venezolana. En la tercera parte, se examinan algunas de las fortalezas del modelo constitucional estadounidense.

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  The Impact of Transnational Comparativism on Law in Latin America

  Jorge L. Esquirol

  Legal development may happen slowly, but law never stands still. Among the many factors having an impact on legal development, the influence of foreign and international patterns, although often controversial, is not questionable. But to what extent do foreign and international laws actually affect (the different paths of) legal development? The book aims to provide an answer to this question through different perspectives – from human rights and environmental law to commercial and contract law – and in different geographical contexts – from Europe to Africa, from Asia to Latin America.

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  LexisNexis Practice Guide: Florida DUI Law

  H. Scott Fingerhut and Robert 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. • Appendix of forms contains dozens of sample forms attorneys can readily adapt for use in their practice. • Warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps. • Checklists help ensure attorneys don't overlook important considerations or procedural steps in building a case. • Coauthor is well-known as expert in Florida DUI law. Practice guide combines on-point coverage of the law with practical, "how to" insights developed through author's years of practice experience. • Annual updating with replacement volumes ensures that all coverage remains current. Coauthor Robert S. Reiff has more than 30 years of experience representing clients accused of DUI and other criminal offenses. He was the only DUI/DWI lawyer named by "Best Lawyers in Florida" for 2016 and was among just six attorneys selected as Super Lawyers in the Criminal Defense: DUI/DWI section for 2016.

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  Winning Arguments: What Works and Doesn’t Work in Politics, the Bedroom, the Courtroom and the Classroom

  Stanley Eugene Fish

  A lively and accessible guide to understanding rhetoric by the world class English and Law professor and bestselling author of How to Write a Sentence. Filled with the wit and observational prowess that shaped Stanley Fish’s acclaimed bestseller How to Write a Sentence, Winning Arguments guides readers through the “greatest hits” of rhetoric. In this clever and engaging guide, Fish offers insight and outlines the crucial keys you need to win any debate, anywhere, anytime—drawn from landmark legal cases, politics, his own career, and even popular film and television. A celebration of clashing minds and viewpoints, Winning Arguments is sure to become a classic.

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  Bank Funding, Liquidity, and Capital Adequacy: A Law and Finance Approach

  José Gabilondo

  Focusing primarily on the banking system in the United States, this book offers an innovative framework that integrates a depository bank’s liquidity and its capital adequacy into a unified notion of funding that helps to explain how the 2007–2008 crisis unfolded, why central banks succeeded in resolving the crisis, and how the conceptual legacy of the crisis and its resolution led to lasting changes in bank funding regulation, including new objective requirements for bank liquidity. To provide a comparative context, the book also examines the funding models of non-bank intermediaries like dealer banks and insurers.

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  Smoke Signals from The South : The Unanticipated Effects of an "Unsuccessful" Litigation on Brazil's Anti-tobacco War

  Manuel A. Gomez

  In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understand the potential impact of new legal instruments; and global lawyers who litigate transnationally.

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  Corporations and other Business Enterprises : Cases and Materials

  Thomas Lee Hazen, Jerry W. Markham, and John F. 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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  Charles Taylor

  Charles C. Jalloh

  This book chapter, which appears in The Cambridge Companion to International Criminal Law edited by Prof. William A. Schabas, examines the landmark trial of ex-Liberian president Charles Taylor, the first former African head of state to be tried – and convicted – by an international criminal court for his involvement in the commission of war crimes, crimes against humanity and other serious violations of international humanitarian law in a neighboring African State. It exposes the various controversies that dogged the Taylor Trial from the first through to its last day, and assesses its historic and symbolic significance for the United Nations backed Special Court for Sierra Leone and for international criminal law.

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  The Rights of the Accused under the Sixth Amendment: Trials, Presentation of Evidence, and Confrontation, Second Edition

  Paul Marcus, David K. Duncan, Tommy Miller, and Joëlle Anne Moreno

  The Rights of the Accused under the Sixth Amendment, 2nd Edition examines the wide range of criminal justice topics that fall within the scope of the Sixth Amendment. This resource offers fascinating historical perspective, modern interpretations, and insight on this critical component of the U.S. Constitution.

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  Florida Wills, Trusts, and Estates: Cases and Materials, 3rd ed.

  Elena Marty-Nelson, Eloisa Rodriguez-Dod, Gail Levin Richmond, and Donna Litman

  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 book 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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  Bases y Puntos de Partida para la Organización Política de la República Argentina, Juan Bautista Alberdi

  Matthew C. Mirow

  This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them.

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  Causas Civiles En La Florida Oriental, 1785-1821 [Civil Cases in East Florida, 1785-1821]

  Matthew C. Mirow

  A study of civil litigation in the Spanish province of East Florida from 1785 to 1821. (Un estudio de las causas civiles en la Florida Oriental, 1785-1821).

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  Gonzalo Herrera y las Floridas Frente a las Cortes (Gonzalo Herrera and the Floridas Before the Cortes)

  Matthew C. Mirow

  Esta contribución explora la promulgación de la Constitución de Cádiz en las Floridas y la representación de las Floridas por Gonzalo Herrera en las Cortes de Cádiz en 1813. Es un intento de colocar el trabajo de Herrera en el contexto de la participación de la Florida en el imperio colonial español y sus experiencias constitucionales. Primero, este estudio ofrece un breve resumen de la adopción de la Constitución por la Florida Oriental y la implementación de su estructura constitucional. Segundo, la representación de las Floridas por Herrera ante las Cortes es discutida desde el punto de vista de los documentos disponibles. This contribution explores the promulgation of the Constitution of Cádiz in the Floridas and the representation of the Floridas by Gonzalo Herrera in the Cortes de Cádiz in 1813. It attempts to place Herrera’s work in the context of Florida’s participation in the Spanish Empire and its constitutional experience. First, the study offers a summary of the adoption of the Constitution in East Florida and the implementation of its constitutional structure. Second, Herrera’s representation before the Cortes is examined from the standpoint of the available sources.

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  Marbury En Mexico: La Precoz Migracion De La Judicial Review Al Sur [Marbury in Mexico: Judicial Review's Precocious Southern Migration]

  M. C. Mirow

  Spanish Abstract: Una versión revisada y traducida del Marbury in Mexico: Judicial Review's Precocious Southern Migration, 35 Hastings Constitutional Law Quarterly 41-177 (2007). Traducción de Ruben Sanchez Gil e Isaac Josue Cervantes Castro.

  English Abstract: This is a revised and translated version of Marbury in Mexico: Judicial Review's Precocious Southern Migration, 35 Hastings Constitutional Law Quarterly 41-117 (2007). Translated by Ruben Sanchez Gil and Isaac Josue Cervantes Castro.

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  The Law Reports of the Special Court for Sierra Leone, Volume III: Prosecutor v. Charles Ghankay Taylor (The Taylor Case)

  Charles C. Jalloh and Simon Meisenberg eds.

  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. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" 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, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Charles Ghankay Taylor.

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  Counterinsurgency as Genocidal Intent: From the Ottoman Christians to the Bosnian Muslims

  Hannibal Travis

  According to publications and statements by the Turkish government, the question of genocide in the late Ottoman Empire is ultimately a question of intent. The Turkish Foreign Ministry, as well as many contemporary Turkish and US-based scholars, argues that Ottoman imperial leaders lacked genocidal intent during the First World War and its aftermath because Armenians, Assyrians and Greeks rebelled against the government, killed Turkish and Kurdish civilians, and survived in some areas of the empire, including Constantinople, Smyrna, Aleppo and Mosul. These factors allegedly indicate an intention on the part of Ottoman officials to engage in military operations rather than to target civilian communities for destruction. Surveying the reports of the German and Austro-Hungarian allies of the Ottomans during the war, this chapter points out that genocidal intent on the part of imperial leaders preceded the larger-scale outbreak of Armenian rebellions in the eastern Ottoman Empire. Genocidal intent, according to the ICTY's jurisprudence, is consistent with war and rebellion, and may be inferred from repeated or systematic atrocities, and expressions of a desire to seek vengeance, prior to or during a war. On the whole, the German and Austro-Hungarian diplomatic traffic, as previously argued by Vahakn Diadrian and other scholars, supports the conclusion that the Ottoman policy was disconnected from rebellious activity,dispropor-tionate in the historical context of warfare, and uniquely religious and sectarian in its motivation and execution. The chapter concludes that denialist arguments misunderstand the nature of genocide, which does not necessarily refer to the complete destruction of a group or a totally one-sided slaughter.

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  The Economics of Book Digitization and the Google Books Litigation

  Hannibal Travis

  Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars in the field. Their explanations and insights will provide a solid foundation for newcomers to the subject, and will also broaden and deepen the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy. With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law-- Provided by publisher.

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  When the UN Refuses to Prevent Genocide : Legal, Political, and Religious Factors

  Hannibal Travis

  The Convention on the Prevention and Punishment of the Crime of Genocide was the first human rights treaty adopted by the United Nations, reflecting the global commitment to 'never again' in the wake of the Holocaust. Seven decades on, The United Nations and Genocide examines how the UN has met, and failed to meet, the commitment to 'prevent and punish' the crime of genocide. It explores why the UN was unable to respond effectively to the genocides in Cambodia, Rwanda, the Balkans and Darfur, and considers new approaches recently adopted by the UN to address genocide. This volume asks the crucial question: can the UN protect peoples from genocide in the modern world?.

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  United States of America

  Hannibal Travis, George C. Harris, and Sabrina Larson

  The banking and financial services industry is one of the largest segments of the US economy and operates in a highly complex regulatory framework at both the national and state level. The result is a dual banking system in which parallel state and federal banking systems coexist. Federal banks operate under federal charters and federal laws, while state banks operate under state charters and state laws. The two systems are, however, interrelated, and most state-chartered banks are subject to certain federal regulations, while federal banks are subject to certain ate laws. Commentators note that a benefit of the dual system is that state and national banks can innovate in the interest of customer service in spheres of different sizes, with state banks serving in a way as laboratories for new developments in bank powers, structures and consumer protection. One commentator states: “When state or national regulatory programs saw customers migrating from one charter to the other, regulators responded with measures enhancing the ability of banks to provide services that customers wanted. That is no small reason why so many innovations in bank services in the last century were developed by U.S. banks”. State law that conflicts with federal law is pre-empted under the US Constitution. Various uniform codes have been promulgated, such as the Uniform Commercial Code (UCC) and the Uniform Trust Code, as guidelines that states may adopt and modify, in an effort to promote consistency in fundamental areas of law. The restatements of law, such as the Restatement of Torts and the Restatement of Trusts; serve this function as well.