Search results

It has been claimed that Felix S. Cohen, one of the leaders of the American legal realism movement of the 1930s, introduced legal pluralism to America. This article argues that this assessment is controversial and depends on the definition of legal pluralism. In its analysis of the concepts of legal pluralism advanced by Cohen and his contemporaries Karl Llewellyn and A. Arthur Schiller, the impact of the different traditions of legal pluralism is demonstrated. In fact, Schiller was the first to introduce many of the basic tenets of current legal pluralism such as the preservation of indigenous law in American legal discourse.

Now in its second edition, this volume takes a scholarly approach to an often misunderstood and controversial law enforcement investigative technique that traditionally has been shrouded in secrecy. Written by a former Miami vice and narcotics detective, DEA agent, and attorney, this authoritative book is based on boots-on-the-ground experience. Revisions to this edition include extensive updates to each chapter, discussion of sweeping changes in the FBI's informant program, addition of high-profile cases, and updated references. Featured topics include immigration reform, the irresponsible use of informants and lawsuits, whistleblowers, cooperation fees, the management of informant-driven search warrants, and fabricated information--

Jurisdiction — In general — Personal — Over nationals in respect of crimes committed abroad — Power to legislate with extraterritorial effect — Criminal Law Gurisdiction) Bill 1975 — The law of Ireland
Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Whether a State has power to legislate with extraterritorial effect — Protective principle — Jurisdiction over nationals abroad — Criminal Law (Jurisdiction) Bill 1975 — The law of Ireland

Chapter 1: Introduction: Legal Positivism in a Global and Transnational Age -- Part I: Legal Positivism, the State, and International Legal Theory -- Chapter 2: About the Impossibility of Absolute State Sovereignty. The Modern Era and the Early Legal Positivist Claim -- Chapter 3: Taking Legal Positivism beyond the State: Finding Secondary Rules? -- Chapter 4: New International Legal Positivism: Formalism by Another Name? -- Part II: Legal Positivism and Social Practices -- Chapter 5: Legal Positivism as Tekhnē: Postnational Normative Ontology and Positivist Effectual Temporality -- Chapter 6: Barking Up the Wrong Tree? Systems Theory and the 'Social Positivisation' of Human Rights -- Chapter 7: Before and After Legal Positivity: Peremptory Norms in Global and Transnational Social Practice -- Part III: Beyond Legal Positivism? -- Chapter 8: Positivism and the Peace/power Dialectic: Feminist Reflections in a Transnational Age -- Chapter 9: Beyond Legal Positivism in Transnational Law -- Chapter 10: How Post-Positivism Sheds Light on Treaty Interpretation: Celebrating the VCLT Rule of Interpretation -- Chapter 11: Responsibility of Corporations in International Law: Positivism and Transnationalism Revisited

Discusses prosecution of the war against terrorism in terms of international law. It is argued that international law must evolve to meet the challenge as terrorism also changes. The counterterrorist efforts of the United Nations Security Council as well as the General Assembly are described. One attempt to bring international law into conformity with the current counterterrorism reality is the Council of Europe Convention on the Prevention of Terrorism, which allows for participation of countries outside Europe. Regional counterterrorist engagement is marked by the consolidation of its treaty base and the institutionalization of cooperation through various structures. Attention is given to the longevity of international legal institutions and norms underlying counterterrorist engagement.

This updated and expanded new edition resumes the theme of the first edition, and the findings reveal that race, ethnicity, gender, class, and several other variables continue to play a significant and consequential role in the legal decision-making process. Section One explores the historical dynamics and influence of ethnicity in law enforcement, and focuses on how ethnicity impacts policing field practices, such as traffic stops, use of force, and the subsequent actions that police departments have employed to alleviate these problems. The history of immigration laws as it pertains to Mexicans and Latinos explains how Mexicans have been excluded from the United States through anti-immigrant legislation. Section Two focuses on the repressive practices against Mexicans that resulted in executions, vigilantism, and mass expulsions. The topic of Latinos and the Fourth Amendment reveals that the constitutional right of people to be protected against unreasonable searches and seizures has been eviscerated for Latinos, and particularly for Mexicans. Section Three studies the issue of Hispanics and the penal system. The ethnic realities of life behind bars, probation and parole, the legacy of capital punishment, and life after prison are discussed. Section Four addresses the globalization of Latinos, social control, and the future of Latinos in the U.S. Criminal justice system. Lastly, the race and ethnic experience through the lens of science, law, and the American imagination, are explored, concluding with policy recommendations for social and criminal justice reform, and ultimately humanizing differences. Written for professionals and students of law enforcement, this book will promote the understanding of the historical legacy of brutality, manipulation, oppression, marginalization, prejudice, discrimination, power and control, and white America's

This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that the 2000 Law "On Normative Legal Acts" did not mention anything about anti-corruption expertise, which cannot be said about its subsequent 2012 version. But in this case, it should be borne in mind that the 2012 Law was amended in terms of the possibility of conducting anti-corruption expertise only in 2018, similar to the Law "On the procedure for preparing draft laws and their submission to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan." The current Law "On Normative Legal Acts", adopted in 2021, substantially consolidated the institution of anti-corruption expertise at the legislative level. In particular, according to Article 25, the draft regulatory legal act is subject to mandatory legal and anti-corruption expertise. Even more important for us is the fact that a separate article has appeared on anti-corruption expertise.

Safety and health professionals face a variety of potential legal and ethical issues. As a result of changing responsibilities and new laws, professionals often find themselves in situations without guidance toward the solutions. This book provides such guidance to legal issues involving OSHA and how to avoid potential legal areas of liability if possible. Tackling safety and ethical issues head on, the text explores the area of criminal liability for individuals and corporations under the OSHA Act and state criminal codes. The author also gives methods to achieve and to maintain OSHA complian