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  Towards a South Asian Diplomatics: Cosmopolitan Norms and Regional Idioms in the Use of Documents, in Studies in Historical Documents from Nepal and India (Simon Cubelic et al. eds., 2018)

  Timothy Lubin

  This volume is the outcome of the conference “Studying Documents in Premodern South Asia and Beyond: Problems and Perspective”, held in October 2015 in Heidelberg. In bringing together experts from different fields—including Indology, Tibetology, History, Anthropology, Religious Studies, and Digital Humanties—it aims at exploring and rethinking issues of diplomatics and typology, the place of documents in relation to other texts and literary genres, methods of archiving and editing documents, as well as their “social life”, i.e. the role they play in social, religious and political constellations, the agents and practices of their use, and the norms and institutions they embody and constitute. The book is the first volume of the Documenta Nepalica – Book Series, published by the Heidelberg Academy of Sciences and Humanities in collaboration with the National Archives, Nepal.

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  Criminal Procedure in Practice (5th ed. 2018)

  Paul Marcus, Melanie D. Wilson, and Jack B. Zimmerman

  This comprehensive guide will assist anyone involved in the criminal justice system and will serve as an especially valuable guide for new prosecutors or defense attorneys entering the field. The text gives a broad overview of criminal procedure from investigation all the way through post-conviction reviews. The authors discuss complex topics such as standing, fruit of the poisonous tree, car stops, the privilege against self-incrimination, eyewitness identification, habeas corpus, and double jeopardy in both the civilian and military settings. All the principal Supreme Court decisions are explained: Mapp, Gates, Gideon, Wade, Miranda, Brady, and many others.

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  Germany’s German Constitution, in The Invisible Constitution in Comparative Perspective (Rosalind Dixon & Adrienne Stone eds., 2018)

  Russell A. Miller

  Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

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  Literature as Human Dignity: The Constitutional Court’s Misguided Ban of the Novel Esra, in Human Dignity in Context (Dieter Grimm et al. eds., 2018)

  Russell A. Miller

  Human dignity is the key term that the Universal Declaration on Human Rights placed at the center of legal discourse on a global level. The Universal Declaration inspired the subsequent use of dignity in domestic constitutional documents as well as in international and regional human rights texts. In 1949, Germany incorporated the concept of human dignity in its Basic law, placing it at the core of the constitutional document and this reference has probably become the most influential national constitutional reference to human dignity. Article 1 para. 1 of the Basic Law provides that '[t]he dignity of man is inviolable. To respect and to protect it shall be the duty of all public authority.' This book provides a contextual analysis of human dignity, exploring its legal and political implications and reflecting current debates on human dignity in multiple disciplinary fields. Following an introduction by the editors, the book is divided into three parts: foundations, developments, variations and rounded off with a conclusion by a distinguished comparative constitutionalist that puts the preceding discussions into perspective.

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  Remedies: Cases and Materials (9th ed. 2018)

  Doug Rendleman and Caprice L. Roberts

  Remedies Ninth teaches students how to traverse the complex territory of choice and measurement of plaintiffs’ remedies. Accessible and readable decisions build on upper-level students’ first-year courses in contracts, torts, property, constitutional law, and civil procedure. Remedies Ninth is organized to teach students how to choose and measure damages, injunctions, and restitution. It emphasizes the lawyer’s tactics in addition to the court’s decisions. It examines law and economics in selecting between tort and contract remedies. Remedies Ninth teaches the substance and remedies of unjust enrichment law with provocative cases and discussion of the Restatement (Third) of Restitution and Unjust Enrichment (A.L.I. 2011). New decisions in Remedies Ninth examine medical and emotional distress damages, the American attorney-fee Rule and the private-attorney-general exception, state constitutional limits on damages caps, the continuing impact of eBay v. MercExchange on injunctions, unconscionability in a contract to arbitrate, contractual limitations on recovery of damages, restitutionary disgorgement remedies for opportunistic breach of contract, and remedies for harm to pets

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  Revocable Inter Vivos Trusts, 860-2nd Tax Management Portfolio (2018)

  Howard M. Zaritsky and Robert T. Danforth

  This Portfolio first addresses the requirements for a valid and effective revocable trust, how and when the trust may be revoked, what constitutes a valid and adequate trust corpus, and when a revocable trust may be expected to achieve significant estate planning benefits. It then addresses the various uses to which a revocable trust may be applied, focusing on when a revocable trust will be the most appropriate vehicle to accomplish each purpose. The Portfolio then addresses the income and wealth transfer tax issues raised by the use of a revocable trust, including when a revocable trust must obtain a taxpayer identification number and file federal income tax returns, when a revocable trust will be treated as an independent entity for income or wealth transfer tax purposes, the effect of holding stock options or subchapter S stock in a revocable trust, and how and when to elect to have a revocable trust treated as part of a decedent’s estate for federal income tax purposes.

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  Asian American Law Librarians Caucus: A Jewel in the Crown, in Asian American Librarians and Library Services: Activism, Collaborations, and Strategies (Janet Hyunju Clarke et al. eds., 2018)

  Alex Zhang

  What are the library services and resources that Asian Pacific Americans need? What does it mean to be an Asian Pacific American librarian in the 21st century? In Asian American Librarians and Library Services: Activism, Collaborations, and Strategies, library professionals and scholars share reflections, best practices, and strategies, and convey the critical need for diversity in the LIS field, library programming, and resources to better reflect the rich and varied experiences and information needs of Asian Americans in the US and beyond. The contributors show that they care deeply about diversity, that they acknowledge that it is painfully lacking in so many aspects of libraries and librarianship, and that libraries and the LIS profession must systematically integrate diversity and inclusion into their strategic priorities and practices, indeed, in their very mission, such that the rich diversity of experiences and histories of Asian Americans in library and archival collections, services, and programming are not only validated and recognized, but also valued and celebrated as vital components of the shared American experience. The volume recognizes and honors the creative and intentional work librarians do for their constituent Asian American communities in promoting resources, services, and outreach.

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  General Works on Sexual Orientation and the Law—Introduction, in Sexual Orientation, Gender Identities, and the Law: A Research Bibliography, 2006-2016 (Dena Neacsu et al. eds., 2018)

  Alex Zhang

  This is the third published iteration of an ongoing commitment by the Standing Committee on Sexual Orientation and Gender Identity. The legal terrain on LGBT issues changes quickly, and good biblio­graphy can bring a practitioner or scholar quickly up to speed. This timely new volume provides a bibliometric analysis of legal scholarship to evaluate the development of scholarly trends, patterns, and major themes. It includes brief introductory overviews of each section and highlights substantive legislative and judiciary changes. This new edition provides clarity of language by incorporating a detailed glossary in the front of the volume, and is revolutionary in its authorship approach: doctrinal and bibliographic experts have united their voices collaboratively to provide the most expert views of this area.

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  Legal Status of Lesbians and Gay Men, in Sexual Orientation, Gender Identities, and the Law: A Research Bibliography, 2006-2016 (Dena Neacsu et al. eds., 2018)

  Alex Zhang

  This is the third published iteration of an ongoing commitment by the Standing Committee on Sexual Orientation and Gender Identity. The legal terrain on LGBT issues changes quickly, and good biblio­graphy can bring a practitioner or scholar quickly up to speed. This timely new volume provides a bibliometric analysis of legal scholarship to evaluate the development of scholarly trends, patterns, and major themes. It includes brief introductory overviews of each section and highlights substantive legislative and judiciary changes. This new edition provides clarity of language by incorporating a detailed glossary in the front of the volume, and is revolutionary in its authorship approach: doctrinal and bibliographic experts have united their voices collaboratively to provide the most expert views of this area.

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  Gender and Post-Colonial Constitutions in Sub-Saharan Africa, in Constitutions and Gender (Helen Irving ed., 2017)

  Johanna E. Bond

  Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

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  Time Off for Good Behavior, in The Encyclopedia of Corrections (Kent R. Kerley ed., 2017)

  Nora V. Demleitner

  A comprehensive, up-to-date, and authoritative two volume reference work for the fields of corrections and criminal justice featuring over 280 detailed scholarly entries

  • Assembles a global team of experts from within their respective fields under the guidance of Editor-in-Chief Kent R. Kerley
  • Provides comprehensive coverage of key topics in corrections, including history, trends and types of punishment, correctional theory, policy, and law
  • Summarizes the latest theory and practice in major topical areas such as sentencing, community corrections, jails and prisons, special populations, women, juveniles, treatment, prisoner reentry, and the death penalty
  • Brings together cutting-edge examples from criminal justice systems throughout the US and around the world to provide an essential go-to resource for students, scholars, and researchers

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  "And Where the Offence Is, Let the Great Axe Fall": Sentencing Under International Criminal Law, in International Criminal Law in Context (Phillipp Kastner ed., 2017)

  Mark A. Drumbl

  International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades.

  The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as:

  • the history of international criminal law;

  • the subjects of international criminal law;

  • transitional justice and international criminal justice;

  • genocide, crimes against humanity, war crimes and the crime of aggression;

  • sexual and gender-based crimes;

  • international and hybrid criminal tribunals;

  • sentencing under international criminal law; and

  • the role of victims in international criminal procedure.

  The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

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  Emil Stanislaw Rappaport, in Dictionnaire Encyclopédique de la Justice Pénale Internationale (Olivier Beauvallet ed., 2017)

  Mark A. Drumbl

  Explorez l'univers de la justice pénale internationale à travers plus de 200 entrées thématiques, réunies au sein d'une somme inédite !

  Toute la justice pénale internationale dans les mains. Si notre époque a connu les pires atrocités, elle a également entendu les punir et les prévenir. Face aux atrocités, l’injustice est devenu criante et la lutte contre l’impunité une priorité.

  Ce dictionnaire présente les innombrables facettes (juridique, historique, politique, sociologique, diplomatique, stratégique, psychologique, …) de ce nouveau monde du droit. Il explore comment à La Haye, Arusha ou Phnom Penh, notamment, la justice est rendue pour des crimes dont l’ampleur heurte la conscience des hommes où qu’ils se trouvent sur la planète.

  Qu’est-ce qu’un crime de masse ? Comment juge-t-on ces affaires ? Que s’est-il passé à Nuremberg ? Qu’est-ce qu’un conflit armé et quelles en sont les différentes catégories ? Que nous apprend la psychologie sur la personnalité des auteurs de crime contre l’humanité ? Comment sont les traités les détenus ? Quelle est la place des victimes ? Pourquoi la mémoire des crimes ? Quelles nouvelles formes de criminalité ? Quel bilan ?

  D’accès simple et pratique, sans jamais sacrifier la valeur du contenu, ce dictionnaire présente en près de 250 textes courts, les essentiels de la justice des crimes contre l’humanité.

  De très nombreux juges et procureurs dans ces tribunaux internationaux ont participé à cet ouvrage qui associe également juristes, historiens, diplomates, philosophes, psychologues, parmi les meilleurs experts.

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  Supreme National Tribunal of Poland, in Dictionnaire Encyclopédique de la Justice Pénale Internationale (Olivier Beauvallet ed., 2017)

  Mark A. Drumbl

  Explorez l'univers de la justice pénale internationale à travers plus de 200 entrées thématiques, réunies au sein d'une somme inédite !

  Toute la justice pénale internationale dans les mains. Si notre époque a connu les pires atrocités, elle a également entendu les punir et les prévenir. Face aux atrocités, l’injustice est devenu criante et la lutte contre l’impunité une priorité.

  Ce dictionnaire présente les innombrables facettes (juridique, historique, politique, sociologique, diplomatique, stratégique, psychologique, …) de ce nouveau monde du droit. Il explore comment à La Haye, Arusha ou Phnom Penh, notamment, la justice est rendue pour des crimes dont l’ampleur heurte la conscience des hommes où qu’ils se trouvent sur la planète.

  Qu’est-ce qu’un crime de masse ? Comment juge-t-on ces affaires ? Que s’est-il passé à Nuremberg ? Qu’est-ce qu’un conflit armé et quelles en sont les différentes catégories ? Que nous apprend la psychologie sur la personnalité des auteurs de crime contre l’humanité ? Comment sont les traités les détenus ? Quelle est la place des victimes ? Pourquoi la mémoire des crimes ? Quelles nouvelles formes de criminalité ? Quel bilan ?

  D’accès simple et pratique, sans jamais sacrifier la valeur du contenu, ce dictionnaire présente en près de 250 textes courts, les essentiels de la justice des crimes contre l’humanité.

  De très nombreux juges et procureurs dans ces tribunaux internationaux ont participé à cet ouvrage qui associe également juristes, historiens, diplomates, philosophes, psychologues, parmi les meilleurs experts.

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  The Two Illusions of All-Embracing Criminal Justice and Exclusively Extrajudicial Responses to Mass Atrocity, in Abbreviated Criminal Procedures for Core International Crimes (Morten Bergsmo ed., 2017)

  Mark A. Drumbl

  This book is about jurisdictions that open more war crimes case files than they can process by trial. Such situations are characterized by a backlog of opened case files. The book discusses the legal policy question whether new forms of abbreviated criminal procedures should be created for such situations, to process high numbers of less serious core international crimes on the basis of criminal law and procedure. The volume is not about countries that have suffered many war crimes but without opening more case files than they can handle. Nor is it about the mapping of backlogs of cases, prioritization of cases, non-criminal justice responses to core international crimes, or reducing the length of standard proceedings. In his Chapter 1, the editor Morten Bergsmo suggests that, upon reflection, this would seem to be one of the main areas of international criminal procedure that remains under-researched. He argues that ideas should be found in national abbreviated criminal procedures, in particular in Italian law – as analysed in Chapter 3 by Kai Ambos and Alexander Heinze – rather than primarily in the limited transitional justice practice on the question. The book presupposes that abbreviated criminal procedures for core international crimes are in accordance with international human rights standards and consensual in nature. The volume has further contributions by Jan Braathu, Meddžida Kreso, Milorad Novković, Mark Drumbl, Ilia Utmelidze, Gorana Žagovec Kustura, Maria Paula Saffon, Phil Clark, Gilbert Bitti, Marieke Wierda and Hanne Sophie Greve.

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  Commentary on Cheshire v. Commissioner, in Feminist Judgments: Rewritten Tax Opinions (Bridget J. Crawford & Anthony C. Infanti eds., 2017)

  Michelle Lyon Drumbl

  Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinions brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation.

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  Owned: Property, Privacy, and the New Digital Serfdom (2017)

  Joshua A.T. Fairfield

  In this compelling examination of the intersection of smart technology and the law, Joshua A.T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our 'smart' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.

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  The Anti-Wilderness Bias in the Common Law and Modern American Property Law, in Modern Studies in Property Law (Heather Conway & Robin Hickey eds., 2017)

  Jill M. Fraley

  This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

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  International Criminal Tribunals: A Normative Defense (2017)

  Shannon Fyfe and Larry May

  In the last two decades there has been a meteoric rise of international criminal tribunals and courts, and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.

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  Biometric Surveillance and Big Data Governance, in The Cambridge Handbook of Surveillance Law (David Gray & Stephen E. Henderson eds., 2017)

  Margaret Hu

  Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This Handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

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  Metadeath: How Does Metadata Surveillance Inform Lethal Consequences?, in Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair (Russell A. Miller, ed., 2017)

  Margaret Hu

  Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

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  Law, Agape, and the Corporation, in Agape, Justice, and Law: How Might Christian Love Shape Law? (Robert F. Cochran & Zachary R. Calo eds., 2017)

  Lyman P.Q. Johnson

  In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

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  Sexual Assault Proceedings on College Campuses: Current Issues, in The State of Criminal Justice 2017 (Mark E. Wojcik ed., 2017)

  Carla Laroche, A. Ann Ratnayake, Navneet Jaswal, and Lauren Donaldson

  Published annually, The State of Criminal Justice serves as a resource for policymakers, academics and students of the criminal justice system. The book provides a snapshot of major developments in the criminal justice system during 2016 and a preview of developments in 2017, and is a valuable indication of future directions for criminal justice in the United States.

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  A Rose by Any Other Name? The Comparative Law of the NSA-Affair, in Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair (Russell A. Miller ed., 2017)

  Russell A. Miller

  Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

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  Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair (Russell A. Miller ed., 2017)

  Russell A. Miller

  Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.