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Public Liability in EU Law: Brasserie, Bergaderm and Beyond (Modern Studies in European Law)
by Pekka AaltoOver the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union.The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other.This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Public Liability in EU Law: Brasserie, Bergaderm and Beyond (Modern Studies in European Law #27)
by Pekka AaltoOver the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union.The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other.This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Animal Suffering: Philosophy and Culture (The Palgrave Macmillan Animal Ethics Series)
by E. AaltolaExploring how animal suffering is made meaningful within Western ramifications, the book investigates themes such as skepticism concerning non-human experience, cultural roots of compassion, and contemporary approaches to animal ethics. At its center is the pivotal question: What is the moral significance of animal suffering?
Information Infrastructures within European Health Care: Working with the Installed Base (Health Informatics)
by Margunn Aanestad Miria Grisot Ole Hanseth Polyxeni VassilakopoulouThis book is open access under a CC BY-NC 2.5 license.The book aims to be a resource for those interested in planning and implementing large-scale information infrastructures for novel electronic services in health care. The focus of this book is on the pivotal role of the installed base (i.e. the already existing elements of an infrastructure) for ensuing infrastructural development. The book presents rich empirical cases on the design, development and implementation of core infrastructural components (e-prescription and public patient-oriented web platforms) in different national settings across Europe. Therefore, this is a book in which theoretical insights and practical experiences are tightly connected. Contributions have been sourced from a network of academics that have been working on the topic for years, and who have previously collaborated and shared a common understanding of the challenges entailed in expanding information infrastructures within healthcare. The book aims to become a reference for those seeking theoretical and empirical insights for conceptualizing and steering the evolution of information infrastructures in healthcare.The two types of systems (e-prescription and public patient-oriented web platforms) have been selected because they are widespread across Europe, because they invite comparisons, and because they are exemplary of two different types of aims. E-prescription initiatives are usually seen as opportunities to improve healthcare delivery by systematic and not dramatic change. Public patient-oriented web platforms are seen as opportunities to pursue wider and more radical innovation. This book targets researchers, practitioners and students who would benefit from a book providing a comprehensive view to contemporary approaches for the design and deployment of large-scale, inter-organizational systems within healthcare.
Denkweisen der Rechtswissenschaft: Einführung in die Theorie der rechtswissenschaftlichen Forschung (Forschungen aus Staat und Recht #48)
by Aulis AarnioDie vorliegende Abhandlung ist urspriinglich fur die Bedurfnisse eines finnischen Leserkreises entstanden. Viele Umstande, nicht zuletzt das Fehlen eines fUr den Hochschulunterricht geeigneten Lehrbuches, haben mich zur Abfassung einer Gesamtdarstellung der juristischen Forschungstheorie angespornt. Obwohl es sich in mancher Hinsicht aus drucklich urn eine Gesamtdarstellung handelt, durfte es trotzdem nicht vollig berechtigt sein, die vorliegende Abhandlung als eine Elementardar stellung zu bezeichnen. Bei ihrer Abfassung habe ich namlich dreierlei Lesergruppen im Auge gehabt: solche, die mit ihren juristischen Studien beginnen, solche, die im Studium schon fortgeschritten sind, und solche, die sich der Forsch·erlaufbahn zuwenden wollen. Der Grund fur die Wahl einer so ausgedehnten Leserschaft ist grundsatzlicher Natur. Meiner Auffassung nach sollte sich die Lehre und die Beschaftigung mit der Rechtstheorie nicht nur auf irgendeine bestimmte Phase des Studiums oder der Forschung konzentrieren. Sie sollte integrier- zum Teil auf verschiedene Weise und verschieden betont - in jeder juristischen Ausbildung vorhanden sein. 1m Zuge des Schreibens habe ich jedoch bemerkt, daB ich vielleicht nicht iiberall an diesem Anfangs ziel habe festhalten k6nnen. Vieles, das ich gewahlt habe, ist namlich - einmal mehr und einmal weniger deutlich - in Richtung auf die zuletzt aufgezahlte Lesergruppe betont. Somit ist dieses Buch eigent lich zu einem Wegweiser fur solche Leser geworden, die bei ihrer eigenen schriftstellerischen Tatigkeit auf Probleme theoretischer Art stoBen. Zugleich ist es eine Art Selbstbekenntnis, ein Bericht dariiber, auf welche Weise ich personlich jene Arbeit deute, die ich als Zivil rechtsforscher im Laufe der Jahre geleistet habe.
Essays on the Doctrinal Study of Law (Law and Philosophy Library #96)
by Aulis AarnioEssays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
The Rational as Reasonable: A Treatise on Legal Justification (Law and Philosophy Library #4)
by Aulis AarnioDuring the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective (Law and Migration)
by Ademola AbassThis book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
Regional Approaches to the Protection of Asylum Seekers: An International Legal Perspective (Law and Migration)
by Ademola AbassThis book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
Regional Organisations and the Development of Collective Security: Beyond Chapter VIII of the UN Charter (Studies in International Law)
by Ademola AbassThis book examines the development of collective security by regional organisations particularly after the Cold War. It analyses the various constitutional developments that have occurred within regional arrangements such as ECOWAS, African Union, SADC, OAS, and NATO and critically analyses how these developments have propelled regional organisations to depart from the normative framework of regional arrangement contained in Chapter VIII of the UN Charter. Through a comprehensive examination of practice, the book evaluates the impact of regional organisations' newly asserted powers to authorise enforcement action and determine when situations within member states warrant their intervention. It inquires into the legal justifications for these developments both from within the UN Charter and regional treaties and practice and asks whether consensual intervention, that is the use of force by regional organisations on the basis of their members' consent, contravenes or constitutes an exception to the prohibition of the use or threat of force under Article 2(4) of the Charter. The book also analyses the regime of complementarity between the UN and regional organisations.
Complete Equity and Trusts: Text, Cases, and Materials (Complete)
by Ademola Abass Richard ClementsComplete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
Constitutional Crowdsourcing: Democratising Original and Derived Constituent Power in the Network Society (Elgar Monographs in Constitutional and Administrative Law)
by Antoni Abat i NinetConceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era.Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.
The Law for Energy Prosumers: The Case of the Netherlands, New Zealand and Colombia
by Daniela Aguilar AbaunzaThis book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students
From Terrorism to Television: Dynamics of Media, State, and Society in Pakistan
by Qaisar AbbasThis book unpacks the media dynamics within the socio-cultural, political, and economic context of Pakistan. It provides an in-depth, critical, and scholarly discussion of contemporary issues such as media, state, and democracy in Pakistan; freedom of expression in Pakistani journalism; Balochistan as a blind spot in mainstream newspapers; media control by state institutions; women and media discourses; TV talk shows and coverage of Kashmir; feminist narrative and media images of Malala Yousufzai and Mukhtaran Mai; jihad on screen; and Osama bin Laden’s death on screen, to understand the relation between media and terrorism. The book covers diverse media types including TV, radio, newspapers, print media, films, documentary, stage performance, and social media. Detailed, interdisciplinary, analytical, and with original perspectives from journalists as well as academics, this volume will be useful to scholars and researchers of media studies, Pakistan studies, politics and international affairs, military and terrorism studies, journalism and communication studies, and South Asian studies. It will also interest general readers, policy makers, and those interested in global journalism, mass media, and freedom of expression.
From Terrorism to Television: Dynamics of Media, State, and Society in Pakistan
by Qaisar Abbas Farooq SulehriaThis book unpacks the media dynamics within the socio-cultural, political, and economic context of Pakistan. It provides an in-depth, critical, and scholarly discussion of contemporary issues such as media, state, and democracy in Pakistan; freedom of expression in Pakistani journalism; Balochistan as a blind spot in mainstream newspapers; media control by state institutions; women and media discourses; TV talk shows and coverage of Kashmir; feminist narrative and media images of Malala Yousufzai and Mukhtaran Mai; jihad on screen; and Osama bin Laden’s death on screen, to understand the relation between media and terrorism. The book covers diverse media types including TV, radio, newspapers, print media, films, documentary, stage performance, and social media. Detailed, interdisciplinary, analytical, and with original perspectives from journalists as well as academics, this volume will be useful to scholars and researchers of media studies, Pakistan studies, politics and international affairs, military and terrorism studies, journalism and communication studies, and South Asian studies. It will also interest general readers, policy makers, and those interested in global journalism, mass media, and freedom of expression.
Speechless: What would you say if your life depended on it?
by Roshan Abbas Siddharth BanerjeeEver been at a loss for words on an important occasion? Be it a business presentation or a television appearance, a proposal of love or a one-to-one with your direct reports, this book helps you discover your voice and hence leaves your audience-and not you-speechless! A powerful D-I-Y book on effective public speaking, Speechless explores and explains the magic and logic which go into crafting an effective speech, presentation or talk. Authored by Roshan Abbas and Siddharth Banerjee, two of India's most experienced communicators, the book rests on the duo's belief that effective communication can be taught and shaped by deliberate practice. The authors have distilled 50 years of their experience in effective communication into a simple mantra that you can imbibe and follow, replete with examples, stories, tips and tricks, expert interviews and practice exercises. Speechless brings-for the first time in India-in-depth interviews of the country's foremost public speakers, thus serving as a guide to both amateurs and professionals who want to hone their power of public speaking.
Democracy in International Law-Making: Principles from Persian Philosophy (Islamic Law in Context)
by Salar AbbasiThis book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
Democracy in International Law-Making: Principles from Persian Philosophy (Islamic Law in Context)
by Salar AbbasiThis book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
New Omnivorism and Strict Veganism: Critical Perspectives (Routledge Research in Applied Ethics)
by Cheryl Abbate Christopher BobierA growing number of animal ethicists defend new omnivorism—the view that it’s permissible, if not obligatory, to consume certain kinds of animal flesh and products. This book puts defenders of new omnivorism and advocates of strict veganism into conversation with one another to further debate in food ethics in novel and meaningful ways. The book includes six chapters that defend distinct versions of new omnivorism and six critical responses from scholars who are sympathetic to strict veganism. The contributors debate whether it’s ethically permissible to eat the following: "freegan" meat; roadkill; cultured meat; genetically disenhanced animals; possibly insentient animals, such as insects; and fish. The volume concludes with two chapters that examine strict vegan and new omnivore policies. Presenting readers with clear defenses and criticisms of the various dietary proposals, this book draws attention to the most important ethical challenges facing traditional animal agriculture and alternative systems of food production. New Omnivorism and Strict Veganism will appeal to scholars and students interested in food ethics, animal ethics, and agricultural ethics.
New Omnivorism and Strict Veganism: Critical Perspectives (Routledge Research in Applied Ethics)
by Cheryl Abbate Christopher BobierA growing number of animal ethicists defend new omnivorism—the view that it’s permissible, if not obligatory, to consume certain kinds of animal flesh and products. This book puts defenders of new omnivorism and advocates of strict veganism into conversation with one another to further debate in food ethics in novel and meaningful ways. The book includes six chapters that defend distinct versions of new omnivorism and six critical responses from scholars who are sympathetic to strict veganism. The contributors debate whether it’s ethically permissible to eat the following: "freegan" meat; roadkill; cultured meat; genetically disenhanced animals; possibly insentient animals, such as insects; and fish. The volume concludes with two chapters that examine strict vegan and new omnivore policies. Presenting readers with clear defenses and criticisms of the various dietary proposals, this book draws attention to the most important ethical challenges facing traditional animal agriculture and alternative systems of food production. New Omnivorism and Strict Veganism will appeal to scholars and students interested in food ethics, animal ethics, and agricultural ethics.
Intellectual Property, Climate Change and Technology: Managing National Legal Intersections, Relationships and Conflicts (Elgar Monographs in Intellectual Property Law)
by Abbe E.L. BrownExploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation. This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, investor–state dispute settlement, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.
Desert Solitaire: A Season In The Wilderness
by Edward Abbey‘My favourite book about the wilderness’ Cheryl Strayed, author of Wild In this shimmering masterpiece of American nature writing, Edward Abbey ventures alone into the canyonlands of Moab, Utah, to work as a seasonal ranger for the United States National Park Service.
A Practical Approach to Commercial Conveyancing and Property (A Practical Approach)
by Robert Abbey Mark RichardsCommercial conveyancing and property is a complex and diverse area with many potential pitfalls. Equally, new developments in case law and legislation have caused major change for those working in the discipline. A Practical Approach to Commercial Conveyancing and Property provides a comprehensive, single-volume guide to the law and procedure of commercial property as well as the realities of working with commercial clients. Praised for its accessible and practical approach, it includes practical solutions to common difficulties, checklists, drafting tips, and helpful diagrams to guide practitioners and students alike through the intricacies of the field. Written by a well-established and respected author team, this fifth edition has been fully updated with the very latest developments in this area, including changes to taxation and Land Registry practice; increasing problems such as environmental issues; the reform of the law relating to distress; the RICS 2014 Code of Practice on Service Charges in Commercial Property; updated CPSE enquiries; enhanced coverage of property development; and significant new case law including Doleman v Shaw (2009), Clarence House v National Westminster Bank plc (2009), Coventry v Lawrence (2014), Humber Oil v Associated British Ports (2011), and Pillar Denton v Jervis (2014). The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.
LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice
by Abbie E. Goldberg and Adam P. RomeroWhat unique challenges face LGBTQ individuals in relationships or who are separating or divorcing, especially now that same-sex couples may marry? What issues might complicate the ending of relationships when children, multiple partners, or multiple parents are present? How do gender, gender transition, ethnicity, immigration status, economic status, geography, and other characteristics shape the experiences of divorcing or separating LGBTQ people? Finally, how can therapists and lawyers most effectively assist LGBTQ people whose relationships and families are dissolving? LGBTQ Divorce and Relationship Dissolution: Psychological and Legal Perspectives and Implications for Practice brings together social science and legal perspectives to examine the timely topic of relationship dissolution and divorce among sexual and gender minorities. The first edited book to tackle this topic in an informed, comprehensive, and interdisciplinary matter, this volume gathers and expands current knowledge on topics such as LGBTQ people's relationship and dissolution patterns; the divorce and child custody rules and processes that now apply to many LGBTQ families; and the surrounding political and cultural environment in the United States. It will also address practical issues such as mediation with same-sex couples who are separating or divorcing, financial planning, and family therapy for sexual minority parents and their children in the context of divorce/dissolution. With chapters contributed by leading scholars and practitioners from law, political science, psychology, sociology, and other disciplines, LGBTQ Divorce and Relationship Dissolution will be an invaluable resource for academics, practitioners, policymakers, and LGBTQ people. It will also be of interest to students in psychology, counseling, law, and LGBTQ and gender studies.
Enforcing Pollution Control Regulation: Strengthening Sanctions and Improving Deterrence
by Carolyn AbbotMonitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement.Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales.The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.