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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.

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  CITIZENME: What Laura Poitras Got Wrong About the NSA-Affair, in Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Scandal (Russell A. Miller ed., 2017)

  Russell A. Miller and Stephen Chovanec

  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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  Experiencing Civil Procedure (2d ed. 2017)

  James E. Moliterno

  This is the first primary text for a Civil Procedure course to incorporate skills assignments into the book. The book actively involves students in the application of civil procedure concepts. It includes three simple simulation cases: one contracts-based, one torts-based, and one blended case. Sample documents from real cases are also included. Students using this book will engage in experiential learning exercises, including drafting the jurisdictional allegations for complaints, drafting very simple pleadings and motions, and responding to supervisor email messages. The book contains the statutes, rules, and edited cases that are the staples of traditional Civil Procedure casebooks, incorporating them into an experiential learning approach.

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  A Courageous Fool: Marie Deans and Her Struggle Against the Death Penalty (2017)

  Todd C. Peppers and Margaret A. Anderson

  There have been many heroes and victims in the battle to abolish the death penalty, and Marie Deans fits into both of those categories. A South Carolina native who yearned to be a fiction writer, Marie was thrust by a combination of circumstances--including the murder of her beloved mother-in-law--into a world much stranger than fiction, a world in which minorities and the poor were selected to be sacrificed to what Supreme Court Justice Harry Blackmun called the "machinery of death."

  Marie found herself fighting to bring justice to the legal process and to bring humanity not only to prisoners on death row but to the guards and wardens as well. During Marie's time as a death penalty opponent in South Carolina and Virginia, she experienced the highs of helping exonerate the innocent and the lows of standing death watch in the death house with thirty-four condemned men.

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  Fundamentals of Business Enterprise Taxation: Cases and Materials (6th ed. 2017)

  Stephen Schwarz, Daniel Lathrope, and Brant J. Hellwig

  Offered as an alternative to the authors’ widely used separate texts on corporate and partnership tax, the Sixth Edition of this comprehensive casebook continues its tradition of providing an integrated approach to teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, selective discussion of tax policy issues, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Sixth Edition include:

  • Coverage of all significant C corporation and partnership developments since the last edition, including the impact of the now permanent higher marginal individual tax rates and the 3.8% net investment income tax; new legislation blocking tax-free spin-offs of REITs; final regulations on § 336(e) elections, Type F reorganizations, noncompensatory options, and partnership allocations where interests change during the year; and new proposed regulations on § 355 corporate divisions, partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain.
  • Updated and reorganized discussion of the continuity of proprietary interest doctrine in tax-free reorganizations.
  • Integrated materials related to compensating the service partner in a new and fully updated self-standing chapter.
  • Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers.
  • A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy.
  • Updated discussion of business enterprise tax policy issues, including a new overview of issues affecting U.S. multinational corporations, the latest prospects and options for comprehensive tax reform, and the ongoing debate on taxing partnership “carried interests.”
  • A completely updated chapter on S corporations, incorporating temporary Code provisions made permanent and final regulations on the basis of indebtedness of S corporations to their shareholders, and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.

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  Fundamentals of Partnership Taxation: Cases and Materials (10th ed. 2017)

  Stephen Schwarz, Daniel Lathrope, and Brant J. Hellwig

  The Tenth Edition of this widely used casebook continues its long tradition of teaching the “fundamentals” of a highly complex subject with clear and engaging explanatory text, skillfully drafted problems, and a rich mix of original source materials to accompany the Code and regulations. Important highlights of the Tenth Edition include:

  • Coverage of all significant developments since the last edition, including the impact on choice of business entity of the now permanent higher marginal individual tax rates and the 3.8% tax on net investment income tax; final regulations on noncompensatory options and partnership allocations where interests change during the year; and new proposed regulations on partnership liabilities, § 751(b) disproportionate distributions, and disguised payments for services as applied to investment management fee waivers and similar strategies to convert ordinary income to capital gain.
  • Reorganized and integrated materials related to compensating the service partner in a new and fully updated self-standing chapter.
  • Shorter separate chapters on partnership allocations, allocation of partnership liabilities, income-shifting safeguards, partner-partnership property transactions, liquidating distributions, and partnership terminations and mergers.
  • Updated discussion of tax policy issues affecting partnerships, including prospects and options for business tax reform and the continuing debate on taxing “carried interests.”
  • A new case (Canal Corporation v. Commissioner) illustrating a successful IRS attack on the debt-financed distribution gain deferral strategy.
  • S corporation developments, including temporary Code provisions made permanent; final regulations on the basis of indebtedness of S corporations to their shareholders; and expanded coverage of employment tax issues affecting S corporation owners who are active in the business.

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  The State, Parents, Schools, Culture Wars, and Modern Technologies: Challenges under the U.N. Convention on the Rights of the Child, in The Rights of the Child in a Changing World: 25 Years after The UN Convention on the Rights of the Child (Olga Jančić Cvejić ed., 2016)

  Nora V. Demleitner

  This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption.

  In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

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  Punishment and Sentencing, in Cambridge Companion to International Criminal Law (William A. Schabas ed., 2016)

  Mark A. Drumbl

  This comprehensive introduction to international criminal law addresses the big issues in the subject from an interdisciplinary perspective. Expert contributors include international lawyers, judges, prosecutors, criminologists and historians, as well as the last surviving prosecutor of the Nuremberg Trials. Serving as a foundation for deeper study, each chapter explores key academic debates and provides guidelines for further reading. The book is organized around several themes, including institutions, crimes and trials. Purposes and principles place the discipline within a broader context, covering the relationship with human rights law, transitional justice, punishment and the imperatives of peace. Several tribunals are explored in depth, as are many emblematic trials. The book concludes with perspectives on the future.

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  Sentencing and Penalties, in The Elgar Companion to the International Criminal Tribunal for Rwanda (Anne-Marie de Brouwer & Alette Smeuler eds., 2016)

  Mark A. Drumbl

  The Elgar Companion to the International Criminal Tribunal for Rwanda is a one-stop reference resource on this complex tribunal, established in the aftermath of the 1994 genocide in Rwanda, which closed its doors on 31 December 2015. This Companion provides an insightful account of the workings and legacy of the ICTR in the field of international criminal justice. Surveying and analysing the contributions from different disciplinary angles, the Companion is comprised of four comprehensive parts. It begins with a detailed account of the establishment of the ICTR, covering the setting up of the tribunal, its mandate, structure and personnel. The second part explores substantive law and examines issues such as genocide, crimes against humanity, war crimes, sexual violence and modes of liability. The third part discusses procedural law and explores investigation, arrest, trial/appeal, evidence, rights of the accused, rights of victims and sentencing. It concludes with the fourth part, which considers the contribution of the ICTR to international criminal justice, as well as to the lives of Rwandans. An important contribution to the jurisprudence of international criminal courts, the Companion will appeal to academics, students and legal practitioners alike. It will be fascinating reading for anyone interested in international criminal law or the recent history of Rwanda.

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  The Re-Configuring of Revlon, in Research Handbook on Mergers and Acquisitions (Claire A. Hill & Steven Davidoff Solomon eds., 2016)

  Lyman P.Q. Johnson

  Global in scope and written by leading scholars in the field, the Research Handbook on Mergers and Acquisitions is a modern-day survey providing cutting edge analysis of the state of Mergers and Acquisitions (M&A) using history, theory, and empirical work. It also offers a theoretical framework for future research and development in the field. The Handbook's detailed chapters explore the history of M&A, considering the theory behind the structure of modern transaction documentation. The expert contributors also address other key M&A issues, such as takeover defenses; judges and practitioners' perspectives on litigation; the appraisal remedy and other aspects of federal and state law, as well as M&A considerations in the structure of start-ups. The Handbook’s coverage is novel, as well as broad, broaching comparative issues and shareholder activism in addition to more traditional areas. This Research Handbook will be an invaluable resource for scholars, practitioners, judges and legislators, as well as for anyone researching M&A in general.

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  Double Sentence: The Consequences Incarcerated Mothers Face and the Impact on Their Children, in The State of Criminal Justice 2016 (Mark E. Wojcik ed., 2016)

  Carla Laroche, Lauren Donaldson, and Navneet Jaswal

  Published annually, The State of Criminal Justice serves as a resource for policymakers, academics and students of the criminal justice system alike. The book provides a snapshot of major developments in the criminal justice system during 2015 and a preview of developments in 2016.

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  Gilbert Law Summaries: Criminal Procedure (19th ed. 2016)

  Paul Marcus and Melanie D. Wilson

  The topics covered in this criminal procedure outline are the exclusionary rule, arrests and other detentions, search and seizure, privilege against self-incrimination, confessions, and preliminary hearing. Discusses bail, indictment, speedy trial, competency to stand trial, government's obligation to disclose information, right to jury trial, and right to counsel. Also includes right to confront witnesses, burden of proof, insanity, entrapment, guilty pleas, sentencing, death penalty, ex post facto issues, appeal, habeas corpus, juvenile offenders, prisoners' rights, and double jeopardy.

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  Intelligence Oversight: Made in Germany, in Global Intelligence Oversight: Governing Security in the Twenty-First Century (Zachary K. Goldman & Samuel J. Rascoff eds., 2016)

  Russell A. Miller

  Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.

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  Emanuel CrunchTime for Professional Responsibility (5th ed. 2016)

  James E. Moliterno

  When it’s exam time you need the right information in the right format to study efficiently and effectively. Emanuel® CrunchTime is the perfect tool for exam studying. With flowcharts and capsule summaries of major points of law and critical issues, as well as exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers – you will be prepared for your next big test.