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Civil Procedure in the European Union
by Carlo RasiaDerived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in the European Union. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the European Union will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
The Civil Procedure Rules at 20
by Andrew HigginsCivil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.
The Civil Procedure Rules at 20
Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.
Civil Recovery of Criminal Property (Oxford Monographs on Criminal Law and Justice)
by Prof Colin King Prof Jennifer HendryFollow-the-money' approaches are increasingly being adopted to tackle organized crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery—like other civil/criminal hybrids—straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a comprehensive analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organized crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.
Civil Recovery of Criminal Property (Oxford Monographs on Criminal Law and Justice)
by Prof Colin King Prof Jennifer HendryFollow-the-money' approaches are increasingly being adopted to tackle organized crime, corruption, and terrorist activities. The rationale behind such an approach is oft stated: to show that crime does not pay, to reinforce confidence in a fair and effective criminal justice system, and to deter criminal activity. Civil Recovery of Criminal Property is an in-depth analysis of the confiscation of the proceeds of crime in the absence of criminal conviction in Ireland and England & Wales, more than two decades since the introduction of this civil/criminal hybrid procedure. This book considers the development of civil recovery in both jurisdictions, providing a comprehensive comparative account and critical examination of its legislative context and framework, judicial reception, and case law development. It leads the argument that civil recovery—like other civil/criminal hybrids—straddles civil and criminal procedure in a manner that takes advantage of the resultant legal ambiguity, to the detriment of due process, civil liberties, and human rights. Through interviews with practitioners professionally engaged with civil recovery proceedings, both in defence and in enforcement, King and Hendry remedy what has until now been a lack of empirical engagement with the operation of civil recovery in practice. The authors provide a comprehensive analysis of civil recovery in terms of its procedural hybridity, its 'follow-the-money' approach, its questionable compliance with the requirements of due process, its property-specific character, and its supposed pragmatism in tackling the problem of serious and organized crime. Blending doctrinal, socio-legal, and theoretical perspectives, Civil Recovery of Criminal Property will appeal both to academics and practitioners engaged with civil recovery.
Civil Rights and Civil Liberties in America: A Reference Handbook (Contemporary World Issues)
by Michael C. LeMayThis book covers civil rights and civil liberties politics in the United States from the ratification of the Bill of Rights to current-day controversies, such as the travel ban and proposals to end birthright citizenship.Civil Rights and Civil Liberties: A Reference Handbook provides a thorough overview of civil rights in U.S. history, detailing all the relevant amendments to the Constitution and reviewing key Supreme Court decisions and landmark cases on the topic. Aimed at general readers as well as high school, college, and university students, it focuses on the role of federal courts in civil rights and civil liberties politics. It also profiles the primary actors in civil rights and civil liberties, both organizations and people.The volume comprises seven chapters. Chapter 1 presents the history and background of the topic, and Chapter 2 discusses problems, controversies, and solutions. Chapter 3 consists of essays by contributors that round out the coauthors' expertise. Chapter 4 profiles important organizations and people, while Chapter 5 offers relevant data and documents. Chapter 6 is composed of an annotated list of important resources. Finally, Chapter 7 offers a useful chronology citing and describing the major events related to the topic from the nation's founding until 2019.
Civil Rights and Civil Liberties in America: A Reference Handbook (Contemporary World Issues)
by Michael C. LeMayThis book covers civil rights and civil liberties politics in the United States from the ratification of the Bill of Rights to current-day controversies, such as the travel ban and proposals to end birthright citizenship.Civil Rights and Civil Liberties: A Reference Handbook provides a thorough overview of civil rights in U.S. history, detailing all the relevant amendments to the Constitution and reviewing key Supreme Court decisions and landmark cases on the topic. Aimed at general readers as well as high school, college, and university students, it focuses on the role of federal courts in civil rights and civil liberties politics. It also profiles the primary actors in civil rights and civil liberties, both organizations and people.The volume comprises seven chapters. Chapter 1 presents the history and background of the topic, and Chapter 2 discusses problems, controversies, and solutions. Chapter 3 consists of essays by contributors that round out the coauthors' expertise. Chapter 4 profiles important organizations and people, while Chapter 5 offers relevant data and documents. Chapter 6 is composed of an annotated list of important resources. Finally, Chapter 7 offers a useful chronology citing and describing the major events related to the topic from the nation's founding until 2019.
Civil Rights Crossroads: Nation, Community, And The Black Freedom Struggle (Civil Rights And The Struggle For Black Equality In The Twentieth Century Ser.)
by Steven F. LawsonCivil Rights Crossroads .....Nation, Community, And The Black Freedom Struggle
Civil Rights in Public Service
by Phillip J. CooperPromises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination—some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected by a variety of statutes, but many of these policies remain unfulfilled promises. These are just some of the many challenges of civil rights that persist in a nation that proudly points to the words above the entrance to the U.S. Supreme Court that read "Equal Justice Under Law." This text is for current and future public service professionals —whether they are in government agencies, in nonprofit organizations that provide social services for government, or contractors who operate as state actors—who increasingly serve diverse communities with a range of complex challenges, while working and managing within organizations that, fortunately, are themselves more diverse than ever before. For those who work and serve in such settings, civil rights is not an abstract academic study, but a critically important and very practical fact of daily life. This book may also be used on civil rights law, policy, and public administration courses, and each chapter ends with a section on ‘Issues for Policy and Practice’ to guide an examination of key public policy hurdles in the fight for civil rights as well as the implications for public service practice. Through an engaging exploration of edited court cases, legislation, and speeches, the reader is encouraged to think critically about civil rights law and policy pertaining to African Americans, Native Americans, Latinos/Latinas, gender, sexual orientation, and disabilities, to learn what civil rights require, but also to come to a more empathetic understanding of how different groups of people experience civil rights and the unique challenges they face. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Civil Rights in Wartime: The Post-9/11 Sikh Experience
by Dawinder S. Sidhu Neha Singh GohilIn the days, months, and now years following the events of September 11th, 2001, discrimination against the Sikh community in America has escalated sharply, due in part to a populace that often confuses Sikhs, compelled by their faith to wear turbans, with the Muslim extremists responsible for the devastating terrorist attacks. Although Sikhs have since mobilized to spread awareness and condemn violence against themselves and Muslims, there has been a conspicuous absence of academic literature to aid scholars and commentators in understanding the effect of the backlash on the Sikh community. This volume provides a unique window onto this particular minority group's experience in an increasingly hostile climate, and offers a sharp analysis of the legal battles fought by Sikhs in post-9/11 America. In doing so, it adds a new chapter to the ongoing national story of the difficulties minority groups have faced in protecting their civil liberties in times of war.
Civil Rights in Wartime: The Post-9/11 Sikh Experience
by Dawinder S. Sidhu Neha Singh GohilIn the days, months, and now years following the events of September 11th, 2001, discrimination against the Sikh community in America has escalated sharply, due in part to a populace that often confuses Sikhs, compelled by their faith to wear turbans, with the Muslim extremists responsible for the devastating terrorist attacks. Although Sikhs have since mobilized to spread awareness and condemn violence against themselves and Muslims, there has been a conspicuous absence of academic literature to aid scholars and commentators in understanding the effect of the backlash on the Sikh community. This volume provides a unique window onto this particular minority group's experience in an increasingly hostile climate, and offers a sharp analysis of the legal battles fought by Sikhs in post-9/11 America. In doing so, it adds a new chapter to the ongoing national story of the difficulties minority groups have faced in protecting their civil liberties in times of war.
Civil Servants and Politics: A Delicate Balance (Public Sector Organizations)
by Christine Neuhold, Sophie Vanhoonacker, and Luc VerheyThis comparative study focuses on the changing relations between civil servants and politicians in the European Union in the last two decades. As well as national case studies this book also looks into politico-administrative relations in supranational institutions such as the European Commission and the European Parliament.
Civil Society: Essays in Honor of Helmut K. Anheier (Nonprofit and Civil Society Studies)
by Michael Hoelscher Regina A. List Alexander Ruser Stefan ToeplerThis volume is a collection of original essays prepared by colleagues, collaborators, and former students on the occasion of Helmut K. Anheier’s 65th birthday and retirement from the University of Heidelberg. An internationally recognized pioneer of nonprofit and civil society studies, Anheier focused his work on providing clarity around (1) civil society, local and global, observing its origins and trajectory and developing theories to explain it; (2) the nonprofit sector and institutions within and extending from it, including nonprofit organizations, philanthropy and social investment; and (3) culture as it relates to democracy and back to civil society. The essays in this volume refer to these concepts and position them in the context of developments over the last two to three decades. The volume is arranged in three sections. The first section comprises essays that elucidate concepts and probe theories in the field. The second section presents chapters discussing current global challenges and trends in the focal areas. The third and final section then comprises country and regional case studies illustrating important aspects of the global challenges or theoretical issues of the two preceding sections.A fascinating and up-to-date overview of key issues and trends in civil society and nonprofit research by an international collection of eminent scholars in these fields, this book will be attractive to civil society and nonprofit sector researchers as well as a broader academic community of political scientists, sociologists, economists, and cultural experts.
Civil Society: The 2017 Griffiths School of Management and IT Annual Conference on Business, Entrepreneurship and Ethics (GMSAC) (Springer Proceedings in Business and Economics)
by Sebastian A. Văduva Randolph Wilt Ioan Fotea Lois P. VăduvaThis proceedings volume explores the concept of civil society as an engine for economic and social well-being. Featuring contributions from the 2017 Griffiths School of Management and IT Annual Conference on Business, Entrepreneurship and Ethics (GMSAC) held in Oradea, Romania, this volume provides different perspectives, emerging studies and trends that are crucial to the further understanding of the interconnection of civil society, economic development and social stability. The enclosed contributions address key topics such as a) the ways in which national, regional and local governments are best equipped to support economic and social development, b) how government, business and non-profit sectors can support economic and social stability and c) the ways in which growing economies’ active societies can strengthen civil society. Research and practice have proven that there is a great potential for civil society organizations to support socio-economic well-being, both directly and indirectly. As a result, the interplay between civil society, economics and social well-being is highly relevant to current business and economic research and is a topic of discussion by academics and practitioners in the government, business and non-profit sectors. This volume showcases some of the current research, cases and discussions in this area from an interdisciplinary, global perspective. Featuring contributions exploring timely subjects such as consumer behavior, the hospitality industry, education, corporate social responsibility (CSR), banking, health care, and semiotics, this book is appropriate for researchers, academics and policy makers in economic and social development, business ethics and sustainability.
Civil Society and the Governance of Development: Opposing Global Institutions (Development, Justice and Citizenship)
by Anders Uhlin S. KalmThis book re-conceptualizes civil society engagement with global governance institutions in the field of development in terms of opposition. With an innovative theoretical framework, it maps and explains opposition strategies through detailed case studies on the EU, the Asian Development Bank, and the Global Forum on Migration and Development.
Civil Society in China
by Timothy Brook B. Michael FrolicThe concept of civil society was borrowed from 18th-century Europe to provide a framework for understanding the transition to post-authoritarian regimes in Latin America and post-communist regimes elsewhere. This book asks whether this concept is useful for analyzing China.
Civil Society in China: Civil Society In China (Studies On Contemporary China)
by Timothy Brook B. Michael FrolicThe concept of civil society was borrowed from 18th-century Europe to provide a framework for understanding the transition to post-authoritarian regimes in Latin America and post-communist regimes elsewhere. This book asks whether this concept is useful for analyzing China.
Civil Society in China: The Legal Framework from Ancient Times to the "New Reform Era"
by Karla W. SimonThis is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.
Civil Society in China: The Legal Framework from Ancient Times to the "New Reform Era"
by Karla W. SimonThis is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres -- have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one of its leading experts.
Civil Wars: A Very Short Introduction (VERY SHORT INTRODUCTIONS)
by Monica Duffy ToftCivil wars are nasty, brutish, and long. Monica Duffy Toft introduces this complex and timely topic. Civil wars are the most common form of large-scale political violence. In the past thirty years, the study of civil wars has been one of the largest growing segments of the international relations field. Their causes are complex, ranging from fights over access to housing, jobs, and arable land or other resources, to political contests over offices, rights, and representation. Because civil wars tend to drag on, motives and relevant actors shift. Groups form, collapse, coalesce, align and realign, and then fight amongst themselves. Governments themselves change through elections, coups, military defeats, or revolutions. Understanding the origins of civil wars and their trajectories therefore demands some appreciation of the economic, political, social, cultural, and geographic order of societies. If there is one factor that best predicts why a civil war erupts, it is a prior civil war. That is why knowledge of a country's history of political violence, and associated narratives about who is to blame and why, are critical to understanding where a civil war might next occur. Do insurgents deserve the title of freedom fighters or are they simply criminals or terrorists? If contested resources can be readily divided, how is it that seemingly rational actors so often treat them as indivisible? What is it about identity, or identities, that seem so irreconcilable that they so often lead to an escalation to violence--including violence against noncombatants--and the collapse of governments? Theories about the causes, the nature, and the termination of civil wars have been adapted from both the international relations and comparative politics disciplines, and there are now many databases, cataloguing hundreds of cases of civil war, that enable sophisticated statistical analysis and formal modeling. As a result, we now have a better understanding of the conditions under which civil wars generally emerge, how the fighting evolves (sometimes involving interventions by external actors), and how civil wars end. However, historical understanding--the human dimensions--remain every bit as critical. This Very Short Introduction explores current debates on civil wars and how the reasons for fighting (and the nature of belligerents themselves) are changing.
Civil Wrongs and Justice in Private Law (Oxford Private Law Theory)
by Paul B. Miller and John OberdiekCivil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Civil Wrongs and Justice in Private Law (Oxford Private Law Theory)
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Civilian Drones, Visual Privacy and EU Human Rights Law (Routledge Research in Human Rights Law)
by Girish AgarwalThis book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual’s consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
Civilian Drones, Visual Privacy and EU Human Rights Law (Routledge Research in Human Rights Law)
by Girish AgarwalThis book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual’s consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
Civilian or Combatant?: A Challenge for the 21st Century (Terrorism and Global Justice Series)
by Anicee Van EngelandIn Civilian or Combatant?: A Challenge for the 21st Century, Anicée Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today's warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges.