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Sexual Violence: Policies, Practices, and Challenges in the United States and Canada
Drawing on the most recent studies, this collection of articles assesses and evaluates current criminal justice responses, policies, and practices regarding sexual violence in the United States and Canada. Focusing on methodological and ideological issues, rape law reform, criminal justice responses, social contexts of sexual assault, and community responses, authors from the fields of sociology, criminal justice, law, counseling, anthropology, biology, and psychology provide detailed studies of the problems and challenges involved in this very sensitive and important issue. The broad perspective provides readers with a comprehensive introduction to the current state of criminal justice responses to sexual assault as well as the changes and progress being made in the area. By providing such extensive coverage, the volume also offers readers a guide to the very nature and extent of sexual violence and its consequences.As we enter the 21st century, numerous changes have occurred within the criminal justice system and society's understanding of rape as a crime of violence. Significant reforms have emerged in both the United States and Canada in terms of how various institutions respond to the crime of rape and the needs of rape survivors. This progress demands an evaluation of the current state of pressing issues regarding the many facets of sexual assault. Kelley and Hodgson offer original contributions from both American and Canadian scholars and practitioners from several social science disciplines in an effort to provide a critical assessment of a timely and important issue.
Sham Transactions
The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.
Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union
In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU.During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.
Shaping National Security: International Emergency Mechanisms and Disaster Risk Reduction
Shaping National Security: International Emergency Mechanisms and Disaster Risk Reduction presents international emergency mechanisms relative to disaster risk reduction (DRR). The goal is to share knowledge about existing frameworks, and utilize established DRR policies and programs, as another means to reinforce and strengthen national security in countries around the world. The book outlines, in detail, the United Nations Disaster Assessment and Coordination (UNDAC), the International Search and Rescue Advisory Group (INSARAG), the North Atlantic Treaty Organisation (NATO) and the Union Civil Protection Mechanism (UCPM) DRR programs. While these entities’ versions of DRR best practices are largely directed at decreasing the impact of disaster hazards, limiting relevant exposure, local vulnerabilities, increasing capacities to cope with disaster, the authors present these frameworks as potential tools, and effective means, to support national security efforts. This is especially important in disaster circumstances when local, and national emergency resources, may be insufficient to face hazards and multi-hazards, and result in cascading effects to occur as hazard events transpire. Chapters present various resources available to them, through these programs, to encourage authorities from every country to effectively apply the mechanisms—and emergency mechanisms specifically—to offer domestic solutions. Due to these programs proven track records in providing organisational standards, the use of such mechanisms can serve as both the basis to foster sound DRR practices and, by extension, can supplement resiliency, security, and continuity within countries. This concept is based on the premise that the UNDAC, INSARAG, NATO and ECPM emergency mechanisms have been developed to be implementable (directly or indirectly) in every country in the world when disasters occur. Shaping National Security takes a "big-picture," holistic view of DRR and national security to offer innovative ideas and solutions to professionals and officials working in disaster management, disaster risk reduction, emergency management, crisis management, civil protection, public security management, national security, criminal justice, international studies, and homeland security.
Shared Responsibility, Shared Risk: Government, Markets and Social Policy in the Twenty-First Century
The collapse of the financial markets in 2008 and the resulting 'Great Recession' merely accelerated an already worrisome trend: the shift away from an employer-based social welfare system in the United States. Since the end of World War II, a substantial percentage of the costs of social provision--most notably, unemployment insurance and health insurance--has been borne by employers rather than the state. The US has long been unique among advanced economies in this regard, but in recent years, its social contract has become so frayed that is fast becoming unrecognizable. Despite Obama's election, the burdens of social provision are falling increasingly upon individual families, and the situation is worsening because of the unemployment crisis. How can we repair the American social welfare system so that workers and families receive adequate protection and, if necessary, provision from the ravages of the market? In Shared Responsibility, Shared Risk, Jacob Hacker and Ann O'Leary have gathered a distinguished group of scholars on American social policy to address this most fundamental of problems. Collectively, they analyze how the 'privatization of risk' has increased hardships for American families and increased inequality. They also propose a series of solutions that would distribute the burdens of risks more broadly and expand the social safety net. The range of issues covered is broad: health care, homeownership, social security and aging, unemployment, wealth (as opposed to income) creation, education, and family-friendly policies. The book is also comparative, measuring US social policy against the policies of other advanced nations. Given the current crisis in America social policy and the concomitant paralysis within government, the book has the potential to make an important intervention in the current debate.
The Shareholder Rights Directive II: A Commentary (Elgar Commentaries series)
This Commentary is the first comprehensive work to analyse the revised EU Shareholder Rights Directive (SRD II). SRD II sets a new agenda for engaged shareholders and sustainable companies in the EU, sparking a wider debate on the adoption of duties in company and capital markets law. By providing a systematic and thorough framework for analysis, this Commentary evaluates the purpose and aims of SRD II and further enriches the debate on the usefulness of the EU’s drive to encourage long-term shareholder engagement. Key features include: • article-by-article analysis of each of the provisions as adopted in the revised SRD II • contribution to the ongoing discussions on shareholder rights and duties anticipated to be at the centre of debate for years to come • detailed explanation by leading scholars in the field to ensure complete understanding of each SRD II provision for the reader • exploration of the two pillars of shareholder engagement: the facilitation of shareholder rights and improved communication to bridge procedural gaps and implementation of transparency obligations applicable to companies, investors and service providers. This Commentary will be a key resource for legal practitioners, legislators, scholars and students alike, working in the fields of corporate governance, alternative dispute resolution and financial law.
Shariah Governance in Islamic Banking Institutions (Islamic Business and Finance Series)
Shariah governance assumes the primary instrument through which Islamic Banking Institutions (IBIs) ensure the Islamicity of their products, services, operations, and internal environments. It is considered to be one the fundamental elements that differentiates IBIs from their traditional counterparts. Shariah Governance in Islamic Banking Institutions provides a critical overview of the key aspects pertaining to Shariah governance within Islamic financial institutions and presents a detailed analysis of its conceptual background. The authors have identified the unique issues that have emerged due to the integration of Shariah, namely the involvement of the Shariah supervisory board (SSB), in the corporate governance arrangements of Islamic banks. These issues relate to disclosure, transparency, independency, consistency, confidentiality, competency, and reputation. The book details the doctrines of Shariah pronouncements in Islamic banks, the importance of having a central advisory board at a regulatory level in the standardization of Islamic banking practices, as well as the competence required for Shariah supervisory board members. It provides a critical analysis of the Shariah governance framework in Pakistan and introduces the authors’ vision of an ideal Shariah governance framework. Furthermore, the chapters offer guidance in promoting effective policies for improving Shariah governance. This is one of the core challenges facing Islamic banks, namely, to ensure compliance with faith and provide legitimacy to the business of IBIs, and as such, the book will appeal to both the research and professional communities.
Sharing the Costs and Benefits of Energy and Resource Activity: Legal Change and Impact on Communities
A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
The Singapore Convention on Mediation: A Commentary on the United Nations Convention on International Settlement Agreements Resulting from Mediation (Elgar Commentaries in Private International Law series)
This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.Key Features:A comparative approach with perspectives from five continents and a variety of legal traditionsCritical discussion of every stage from the negotiation to the conclusion of the ConventionSound proposals for the Convention’s implementation and application by States and regional organisationsContributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore ConventionThe Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars working in international commercial law, arbitration and mediation.
Sixty Years of European Integration and Global Power Shifts: Perceptions, Interactions and Lessons (Modern Studies in European Law)
This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.
Skill in Ancient Ethics: The Legacy of China, Greece and Rome
Illustrating the centrality of skill within ancient ethics, including Socrates' search for expertise in virtue, the Republic's 'craft of justice', Aristotle's delineation of the politike techne, the Stoics' 'art of life' and ancient Chinese ethics, this collection shows how skill has been an ethical touchstone from the beginning of philosophical thought.Divided into six sections – on Plato, Aristotle, the Stoics, Mencius and Xunzi, the Mohists and Zhuangzi, and comparative perspectives – world-leading philosophers explore the significance of skill according to traditional figures, as well as lesser-known philosophers such as Carneades and Antipater, and texts such as the Zhuangzi. In doing so, the seventeen contributors illustrate how skill, expertise and 'know how' are essential to and foundational within ancient ethical thought. As the first collection to foreground skill as central to ancient Greek, Roman and Chinese ethics, this is an essential resource for anyone interested in the value of cross-cultural philosophy today.
Small and Medium-Sized Enterprises in International Economic Law (International Economic Law Series)
International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.
Smart Contracts: Technological, Business and Legal Perspectives
This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend.This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
Smart Legal Contracts: Computable Law in Theory and Practice
Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.
SMEs in the Digital Era: Opportunities and Challenges of the Digital Single Market
With an interdisciplinary approach, this book elaborates and discusses the strategic, regulatory and economic scenario that the sponsorship of a European Digital Single Market has been generating for small- and medium-sized companies (SMEs). Encompassing expert innovative analysis of the regulatory framework, economic dynamics and organizational processes, SMEs in the Digital Era highlights the effects that these have and the complex process through which SMEs can enter and successfully compete in the digital market. With contributions from international scholars, this insightful book takes a deep dive into the current most relevant debates taking place in management, economics and law using original evidence from a variety of fields and countries. Chapters offer a fresh look at the new policies and regulatory tools required to meet the challenges of digitalization, reflecting on the effects on employment, competition and organizational processes, and how imbalances can impact the future of the technological revolution. Providing insights into the most advanced and recent research on digital markets, this will be an excellent resource for academics, practitioners, managers and policymakers in fields ranging from organization theory and organizational behaviour to strategy and economic analysis as well as economics and business law.
The Social and Political Philosophy of Mary Wollstonecraft (Mind Association Occasional Series)
Interest in the contribution made by women to the history of philosophy is burgeoning. Intense research is underway to recover their works which have been lost or overlooked. At the forefront of this revival is Mary Wollstonecraft. While she has long been studied by feminists, and later discovered by political scientists, philosophers themselves have only recently begun to recognise the value of her work for their discipline. This volume brings together new essays from leading scholars, which explore Wollstonecraft's range as a moral and political philosopher of note, both taking a historical perspective and applying her thinking to current academic debates. Subjects include Wollstonecraft's ideas on love and respect, friendship and marriage, motherhood, property in the person, and virtue and the emotions, as well as the application her thought has for current thinking on relational autonomy, and animal and children's rights. A major theme within the book places her within the republican tradition of political theory and analyses the contribution she makes to its conceptual resources.
Social Dimensions of Moral Responsibility
To what extent are we responsible for our actions? Philosophical theorizing about this question has recently taken a social turn, marking a shift in focus from traditional metaphysical concerns about free will and determinism. Recent theories have attended to the interpersonal dynamics at the heart of moral responsibility practices and the role of the moral environment in scaffolding agency. Yet, the implications of social inequality and the role of social power for our moral responsibility practices remains a surprisingly neglected topic. The conception of agency involved in current approaches to moral responsibility is overly idealized, assuming that our practices involve interactions between equally empowered and situated agents. In twelve new essays and a substantial introduction, this volume systematically challenges this assumption, exploring the impact of social factors such as power relationships and hierarchies, paternalism, socially constructed identities, race, gender and class on moral responsibility. Social factors have bearing on the circumstances in which agents act as well as on the person or people in the position to hold that agent accountable for his or her action. Additionally, social factors bear on the parties who pass judgment on the agent. Leading theorists of moral responsibility, including Michael McKenna, Marina Oshana, and Manuel Vargas, consider the implications of oppression and structural inequality for their respective theories. Neil Levy urges the need to refocus our analyses of the epistemic and control conditions for moral responsibility from individual to socially extended agents. Leading theorists of relational autonomy, including Catriona Mackenzie, Natalie Stoljar and Andrea Westlund develop new insights into the topic of moral responsibility. Other contributors bring debates about moral responsibility into dialogue with recent work in feminist philosophy, social epistemology and social psychology on topics such as epistemic injustice and implicit bias. Collectively, the essays in this volume reorient philosophical debates about moral responsibility in important new directions.
Social Equality: On What It Means to be Equals
Is equality valuable? This question dominates many discussions of social justice, which tend to center on whether certain forms of distributive equality are valuable, such as the equal distribution of primary social goods. But these discussions often neglect what is known as social or relational equality. Social equality suggests that equality is foremost about relationships and interactions between people, rather than being primarily about distribution. A number of philosophers have written about the significance of social equality, and it has also played an important role in real-life egalitarian movements, such as feminism and civil rights movements. However, as it has been relatively neglected in comparison to the debates about distributive equality, it requires much more theoretical attention. This volume brings together a collection of ten original essays which present new analyses of social and relational equality in philosophy and political theory. The essays analyze the nature of social equality, as well as its relationship to justice and politics.
Social Innovation and Sustainability Transition
This book uses a historical and modern lens to reimagine the role that Extension could potentially play in catalyzing reciprocal, co-learning relationships between Land-Grant Universities and their diverse local constituencies. The establishment of statewide extension systems was once seen as a way to ensure that Land-Grant Universities would be accessible and responsive to all of a state’s residents. Extension systems continue to offer a front-door to a major public university in almost every county of the United States, but they tend to be viewed primarily as a way to translate science or distribute information from the university to the public. This books argues for the importance of Extension and shows that we are conceiving of this system too narrowly. Only by retelling the stories of the Extension and getting people to see themselves as part of the story can we imagine a different future in which state universities and land-grant colleges engage more authentically and equitably in two-way relationships with their local constituents.in catalyzing reciprocal, co-learning relationships between Land-Grant Universities and their diverse local constituencies.Chapter “Palatable disruption: the politics of plant milk", chapter “Feeding the melting pot: inclusive strategies for the multi-ethnic city", chapter "A carrot isn't a carrot isn't a carrot: tracing value in alternative practices of food exchange", chapter “Virtualizing the 'good life': reworking narratives of agrarianism and the rural idyll in a computer game" and chapter "'Workable utopias' for social change through inclusion and empowerment? Community supported agriculture (CSA) in Wales as social innovation" are available open access under a Creative Commons Attribution 4.0 International license via link.springer.com.
Social Justice and the World of Work: Possible Global Futures
In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Social Justice Innovation in Africa (Routledge Studies in African Development)
Adopting a multidisciplinary approach, this book discusses the potential of social innovation in the pursuit of social justice in Africa. In the twenty-first century, social innovation and entrepreneurship have attracted renewed attention as a way of promoting social justice and addressing challenges of poverty and inequality.Drawing on perspectives from human rights, economics, business, development studies and anthropology, this book illustrates the entangled relationship between societal areas and activities, as well as different actors (individuals, communities, business actors, non-governmental organisations and public authorities) in social innovation. It identifies various models of social innovation, ranging from grassroots initiatives to public policymaking, and discusses their impact on socioeconomic welfare. It analyses a broad range of original research data and incorporates localised understandings of social innovation, highlighting both the empowering potential of social innovation and the possibility that it could sustain or create inequalities. As such, this book deepens an understanding of what makes social innovation ‘social’ and ‘just’.Arguing that social justice innovation can only be understood in context, this book will be of interest for researchers and policy makers across the fields of human rights, economics, business, development studies, anthropology and African studies.
Social Media and Law Enforcement Practice in Poland: Insights into Practice Outside Anglophone Countries (Routledge Studies in Crime, Culture and Media)
This book explores the role of social media in the daily practice of Polish criminal justice and how social media is, in turn, reshaping this practice. Based on empirical research, it confronts common beliefs about how police officers, prosecutors, and judges use social media in their work. Readers will find answers to the following questions: Which social media platforms are popular among law enforcement officers in Poland? How do the police use social media to investigate and prosecute crimes? What are the strategies for using social media to communicate with the community? What strategies are most successful?The findings in this book challenge some popular beliefs and theories about social media in criminal justice. As the first book to explore the use of social media in criminal justice outside of English-speaking countries, this collection of academic research will be of interest to academics focusing on criminology, criminal justice, and policing and will be useful to police leaders and officers, police social media administrators, prosecutors, and judges, who may be inspired by the research to implement new successful and more effective practices.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-NonCommercial (CC-BY-NC) 4.0 International license. The costs of the Open Access publication were covered by the University of Warsaw under the Excellence Initiative Research University Action I.2.4 Supporting Open Access Publications.
Social Media, Freedom of Speech, and the Future of our Democracy
A broad explanation of the various dimensions of the problem of "bad" speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about "bad" speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Newt Minow, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.
Social Media, Fundamental Rights and Courts: A European Perspective (Routledge Research in Human Rights Law)
This volume examines European and national higher court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment, and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.