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The Art of Law Teaching (SpringerBriefs in Law)
by Lutz-Christian WolffWritten by an award-winning professor with over 25 years of experience, this book explains comprehensively the different facets of law teaching from the law teacher’s perspective. It uniquely covers numerous topics which have been ignored by the legal education literature so far, but which are of immense importance for the success of law students, law schools and—last but not least—the day-to-day work of law teachers themselves. These topics include the goals of law teaching, the factors that lead to successful law teaching, special characteristics of good law teachers, different ways of preparing for in-class success, face-to-face versus online teaching, the in-class teaching experience, assessments, teaching evaluations, the design of new courses and programmes, the teacher–student and the teacher–teacher relationship, the importance of teaching administration as well as the future of law teaching in the digital age. The author approaches various themes from the viewpoint of his own experience. He tells his very personal stories of classroom success and failure, of enthusiasm, fun and disappointments when dealing with law students, of accomplishments and frustrations when considering learning outcomes and of surprises when dealing with red tape. He thus allows the readership to grasp different aspects of law teaching in a very hands-own way and facilitates the understanding of the underlying often rather complex human-to-human relationships. This book should be in the bookshelf of any law teacher. As it covers a wide spectrum of so far unexplored legal education issues, it is also an invaluable source at the start of a law teaching career, but also for established law teachers who wish to reflect on their own teaching approaches. A rich body of cross-references to the existing literature makes the book a powerful tool for research on any aspect of legal education. Last but not least, the author’s ironic sense of himself and of the law teacher profession makes the book a very entertaining read for anybody who always wanted to know what law teaching really is (and is not) about.
Managing Your Academic Research Project
by Jacqui Ewart Kate AmesThis book is an essential resource for academics managing a large and complex research project. It provides important practical insights into the processes that inform such research projects and delivers insights into the delicate balance between industry, stakeholder and academic needs. It gives practical advice about developing relationships with diverse partners and colleagues and managing the expectations of the various parties involved and on avoiding pitfalls. This book uses examples from Australian research projects, but it contains insights relevant to researchers all around the world.
Autonomous Vehicles: Business, Technology and Law (Perspectives in Law, Business and Innovation)
by Steven Van Uytsel Danilo Vasconcellos VargasThis edited book aims to address challenges facing the deployment of autonomous vehicles. Autonomous vehicles were predicted to hit the road by 2017. Even though a high degree of automation may have been achieved, vehicles that can drive autonomously under all circumstances are not yet commercially available, and the predictions have been adjusted. Now, experts even say that we are still decades away from fully autonomous vehicles. In this volume, the authors form a multidisciplinary team of experts to discuss some of the reasons behind this delay. The focus is on three areas: business, technology, and law. The authors discuss how the traditional car manufacturers have to devote numerous resources to the development of a new business model, in which the sole manufacturing of vehicles may no longer be sufficient. In addition, the book seeks to introduce how technological challenges are creating a shift toward connected autonomous vehicles. Further, it provides insight into how regulators are responding to the insufficiently tested technology and how lawyers try to answer the liability question for accidents with these autonomous vehicles.
Strategic Leadership for Business Value Creation: Principles and Case Studies
by Danny Samson Don ArgusThis book focuses on leadership and strategy, corporate governance, operational excellence, and corporate social responsibility. In doing so, it offers both conceptual perspectives and case studies on these topics that are targeted at business executives who want to develop and mature towards being successful value creators in their leadership roles. Authored by the former CEO of National Australia Bank (NAB), Don Argus, and business school professor Danny Samson, the book provides insights on the strategic leadership factors that make a significant and positive difference when they are executed effectively and, in contrast, what happens when ineffective leadership/ strategy are deployed. It proposes and illustrates core leadership axioms, and also delves into sustainable development as an element of strategy. The authors do this by developing and illustrating core concepts that relate to the two major case study companies of NAB and BHP.Readers will be particularly interested in the core elements of leadership and strategy, and the grounded reality of how they operated in the case studies. The authors bring insiders’ and leaders’ perspectives to these topics, including tables that document shareholder value creation, and the logic behind strategic decisions, as well as key organisational leadership and strategic decision processes.
China's Path to Development: Against Neoliberalism (Springerbriefs In Political Science Ser.)
by Ali KadriThis book is a treatise against neoliberalism illuminated by the path of China. China is a model to be mimicked, but more so theoretically than by replication. If anything, nations of the global South must rid themselves of neoliberally imposed ‘one-size-fits all’ models, instrumentalised to shift value to US empire. Neoliberal models, robbing nations of their histories and resources, are negative ‘best practice’ serving the interests of the hegemon. Developing nations need to search for the theory that corresponds to their own conditions and development strategies. China’s experience, anchored in labour as the historical agent, offers numerous theoretical cues as to how to build comparable home-grown paths. Thinking development with a subject voids reductionist politics in favour of sober class analysis. The study concludes by restating the age-old wisdom that there is no development without the rule of labour.
Facts and Evidence: A Dialogue Between Philosophy and Law
by Baosheng Zhang Shijun Tong Jing Cao Chuanming FanThis book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
A Dialogue Between Law and History: Proceedings of the Second International Conference on Facts and Evidence
by Baosheng Zhang Thomas Yunlong Man Jing LinThis book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
The Tokyo Trial and War Crimes in Asia
by Mei Ju-aoThe book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.
A New Beginning or More of the Same?: The European Union and East Asia After Brexit
by Michael Reilly Chun-Yi LeeThe EU’s interest in and engagement with North East Asia has grown massively over the last three decades, the shaping and implementation of its policy influenced heavily by the UK and its historical links with East Asia. Brexit therefore raises questions about the future of this engagement and comes against a background of wider threats to the liberal world order, especially rising tensions between the USA and China. Worried that they may be forced to choose sides in their hitherto carefully managed relationships with the two, China’s neighbours are therefore watching with interest to see how the EU and the UK respond and manage their future relations with the region. This book goes beyond the traditional trade links to consider diplomatic and security perspectives, as well as wider issues such as the possible impact on educational and research links. It will be of interest to diplomats, scholars, and economists.
Social Entrepreneurship: An Innovative Solution to Social Problems
by Meng Zhao Jiye MaoThis book incorporates theoretical framework and management cases in discussions on social enterprise in China. The authors look to address two fundamental questions about social enterprises in China that have been very controversial over the years. First, what is social enterprise? This book proposes a framework that defines Chinese social enterprises based on social entrepreneurship, and includes ten case studies for justification. Second, who are well-performed social enterprises with financial viability and proved social impact? The book describes in detail some of the leading social enterprises in China. It is aimed at a wide target audience. Practitioners will learn experience and lessons from the case studies. Academics can use the cases in different teaching contexts, and gain research inspirations from our framework and case studies. Policy makers, accreditation agencies, professional service providers, and institutional investors will learn to identify and evaluate promising social enterprises.
Australia’s Engagement with Economic and Social Rights: A Case of Institutional Avoidance
by Russell SolomonThis book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
The Political Economy of Vietnam’s Industrial Transformation (SpringerBriefs in Political Science)
by John Walsh Burkhard Schrage Trung Quang NguyenThis book presents an overview of political economic change in Vietnam during a period of significant social and economic change and an era of international turbulence. It combines various political economic perspectives to offer an integrated and comprehensive review of Vietnam’s recent development, discussing topics such as public administrative reform, labour markets and special economic zones, environmental management and other important contemporary issues. This concise and highly readable book includes a considerable amount of research, and as such provides valuable insights for scholars and researchers interested in political economic change and in Vietnam.
Assessing Government Transparency in China(2018)
by He Tian Yanbin LvThis book, based on empirical and quantitative research, assesses the development of openness in government affairs in China. The content is divided into five parts, namely a general report, special reports, assessment reports on government transparency, reports on the openness of government in specific fields and how openness in government affairs is locally practiced.Covering the country as a whole, the general report summarizes significant aspects of openness in government affairs at all levels regarding, e.g. decision-making, law enforcement, management, service, policy interpretation and responding to public concerns. In addition, the general report reveals some current problems and provides an outline of openness in government affairs for the future. Focusing on decision-making, social assistance, environmental protection, transport, education and other fields closely related to public interest and social attention, the book subsequently summarizes a number of special works concerning openness in government affairs. Furthermore, it conducts a special study on the standardized work of openness in government affairs, which has been actively pursued by departments of the State Council and local governments.In order to provide representative coverage on openness in government affairs, the book combines innovative measures, experiences and problems, while also sharing an in-depth analysis of the difficulties involved in openness for local governments, including examples from several provinces and cities.
Transcultural Diplomacy and International Law in Heritage Conservation: A Dialogue between Ethics, Law, and Culture
by Olimpia Niglio Eric Yong Joong LeeThis book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. This edited volume compiles a selection of interesting reflections on the role of cultural diplomacy to address intolerances that often govern international relations, causing damage to human and cultural heritage. The main purpose of this collection of essays is to analyse the different cultural paradigms that intervene in the management of heritage, and to advocate for improvements in international laws and conventions to enable better cultural policies of individual nations for the protection of human rights. The editors submit that it is only through open dialogue between the humanities and jurisprudence that the international community will be able to better protect and value sovereignty, and promote cultural heritage for the development of a better world. This collection is relevant to scholars working in areas relating to law, management and policies of cultural heritage conservation and protection.
The Digital Economy and Competition Law in Asia (Perspectives in Law, Business and Innovation)
by Steven Van UytselThe digital economy, broadly defined as the economy operating on the basis of interconnectivity between people and businesses, has gradually spread over the world. Although a global phenomenon, the digital economy plays out in local economic, political, and regulatory contexts. The problems thus created by the digital economy may be approached differently depending on the context. This edited collection brings together leading scholars based in Asia to detail how their respective jurisdictions respond to the competition law problems evolving out of the deployment of the digital economy. This book is timely, because it will show to what extent new competition law regimes or those with a history of lax enforcement can respond to these new developments in the economy. Academics in law and business strategies with an interest in competition law, both in Asia and more broadly, will find the insights in this edited collection invaluable. Further, this volume will be a key resource for scholars, practitioners and students.
Blurring Intelligence Crime: A Critical Forensics
by Willem Bart de LintThis book explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this problem, the book introduces the concepts ‘intelligence crime’ and ‘critical forensics.’ It also reviews as an exemplar of this phenomenon ‘apex crime,’ a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias. Chapters feature case study analysis of a selection of familiar, high profile crimes in which the motives and actions of security or intelligence actors are considered as blurred or smeared depending on their interconnection in transactional political events, or according to friend/enemy status.
Social Values and Social Indicators: Essays in Normative Economics and Measurement (Themes in Economics)
by S. SubramanianThe book is a collection of essays written since 2010, and dealing, in one way or another, with the place of values in economic analysis. The centrality of values in the collection is not surprising, given that the thematic concerns informing the essays in the book relate principally to methodological issues in economic enquiry, to the normatively constrained aggregation of personal preferences into collective choice, and to problems of logical coherence and ethical appeal in the axiom systems underlying the measurement of economic and social phenomena such as poverty, inequality and literacy. While many of the essays are more or less technical in nature, they are all explicitly motivated by considerations that go beyond the formalisms of presentation to an involvement with the role of moral reasoning in economic analysis. In particular, the essays emphasize the importance of ‘ought propositions’ in a science which is all too often regarded as being wholly and exclusively ‘positive’ in its orientation. The book should be of particular interest to researchers, students, and public policy makers.
Health Inequities in Conflict-affected Areas: Armed Violence, Survival and Post-Conflict Recovery in the Indo-Bhutan Borderlands
by Samrat Sinha Jennifer LiangThis book provides an insight into the issue of health inequity brought about by the violent conflict in Northeast India. While examining the deep vulnerabilities and loss of well-being suffered by families displaced by conflict in the Indo-Bhutan borderland region, the authors raise fundamental questions of accountability and the role of various stakeholders in providing humanitarian assistance to those affected by the conflict. It highlights for the reader the role played by conflict and armed violence in dismantling a functioning public health system and delineates the long-term barriers to post-conflict recovery. The book is written by those who have worked in implementing development and peacebuilding programs in the Bodoland Territorial Region (BTR) of Western Assam. The book especially brings to the fore the voices of those communities directly affected by conflict in Bodoland. The book is valuable to researchers, development practioners and policy makers. Given the unique format of the book, which includes a number of case studies, it is particularly useful for students of development, public health and allied disciplines such as international relations as well as peace and conflict studies.
Artificial Intelligence in the Gulf: Challenges and Opportunities
by Elie Azar Anthony N. HaddadThis book presents the first broad reflection on the challenges, opportunities, and implications of Artificial Intelligence (AI) in the Gulf Cooperation Council (GCC). Unique results and insights are derived through case studies from diverse disciplines, including engineering, economics, data science, policy-making, governance, and humanscience. Particularly related to these ‘softer’ disciplines, we make some unexplored yet topical contributions to the literature, with a focus on the GCC (but by no means limited to it), including AI and implications for women, Islamic schools of thought on AI, and the power of AI to help deliver wellbeing and happiness in cities and urban spaces. Finally, the readers are provided with a synthesis of ideas, lessons learned, and a path forward based on the diverse content of the chapters. The book caters to the educated non specialist with interest in AI, targeting a wide audience including professionals, academics, government officials, policymakers, entrepreneurs, and non-governmental organizations.
Privacy and Security Issues in Big Data: An Analytical View on Business Intelligence (Services and Business Process Reengineering)
by Pradip Kumar Das Hrudaya Kumar Tripathy Shafiz Affendi Mohd YusofThis book focuses on privacy and security concerns in big data and differentiates between privacy and security and privacy requirements in big data. It focuses on the results obtained after applying a systematic mapping study and implementation of security in the big data for utilizing in business under the establishment of “Business Intelligence”. The chapters start with the definition of big data, discussions why security is used in business infrastructure and how the security can be improved. In this book, some of the data security and data protection techniques are focused and it presents the challenges and suggestions to meet the requirements of computing, communication and storage capabilities for data mining and analytics applications with large aggregate data in business.
Women, Matrimonial Litigation and Alternative Dispute Resolution (ADR): Transforming Indian Justice Delivery System for Achieving Gender Justice
by Neelam TyagiThis book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved woman’s issues.With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered women’s voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes.The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.
Third Party Funding for Dispute Resolution: A Comparative Study of England, Hong Kong, Singapore, the Netherlands, and Mainland China
by Beibei ZhangThis book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.
China in Africa: FDI, Tax and Trends of the New African Geo-economics
by Lorenzo Riccardi Giorgio RiccardiThis book highlights China’s engagement with Africa through trade, investment and financial linkages. Its three main goals are as follows: firstly, to provide insights into Chinese FDI in Africa, by exploring a range of infrastructural projects and several countries’ historical, geographical, socio-political, cultural and economic backgrounds; secondly, to present the main double taxation treaties with Beijing and country profiles of the African economies; and lastly, to provide a valuable business guide for recognizing and capitalizing on new opportunities in Afro-Eurasia.
Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia
by Voraphol MalsukhumThis book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
Young People Using Family Violence: International Perspectives on Research, Responses and Reforms
by Kate Fitz-Gibbon Heather Douglas JaneMaree MaherThis book examines the use of violence by children and young people in family settings and proposes specialised and age-appropriate responses to these children and young people It interrogates the adequacy and effectiveness of current service and justice system responses, including analysis of police, court and specialist service responses. It proposes new approaches to children and young people who use violence that are evidence based, non-punitive, and informed by an understanding of the complexity of needs and the importance of age appropriate service responses.Bringing together a range of Australian and International experts, it sheds new light on questions such as: How can we best understand and respond to the use of family violence by young people? To what extent do traditional family violence responses address the experiences of adolescents who use violence in family settings? What barriers to help seeking exist for parental and sibling victims of adolescent family violence? To what degree do existing support and justice services provide adequate responses to those using adolescent family violence and their families? In what circumstances do children kill their biological and adopted parents?The explicit focus on child and adolescent family violence produces new knowledge in the area of family violence, which will be of relevance to academics, policy makers and family violence practitioners in Australia and internationally.