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  Neither "Genteel Hoax" Nor "Slot Machine:" Constitutional Interpretation in Policy-Oriented Perspective

  Christian L. Gonzalez-Rivera

  Book: Human Flourishing: The End of Law

  Chapter Description:

  In the United States, most scholarship on constitutional interpretation battles under the clashing banners of Originalism and Living Constitutionalism. The former has ostensibly won the battle, though not yet the war, over interpretation. How either theory impacts human flourishing or other values served by law is often lost in the crossfire. This essay explores the relationship between Originalism and Policy-Oriented Jurisprudence, a human flourishing-centered school of legal thought founded by Myres McDougal and Harold Lasswell. It concludes that they are meaningfully compatible. The article surveys Originalism’s development, highlighting its recent distinction between interpretation and construction, which has undone some historical differences with competing theories. It also surveys Policy-Oriented Jurisprudence’s theory of constitutional interpretation. Acknowledging critical similarities between it and Originalism, the article suggests that the latter could benefit from the former by integrating constitutional construction with some principled, empirical enforcement of the textually embedded concepts of human flourishing and dignity. It also suggests that Originalism pay more attention to legal hermeneutics in international law. A result that could bear the name of “Originalism with a Human Face.”

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  Children's Picture Books and the Rule of Law: The Jurisprudence of "The Poky Little Puppy"

  Lenora P. Ledwon

  Book: Human Flourishing: The End of Law

  Chapter Description:

  In exploring the jurisprudence of the Poky Little Puppy, this article will first provide some brief background on children's picture books and the publication history of The Poky Little Puppy (including its long-running best-seller status, its place within the Little Golden Books publishing imprint, and a summary of the plot and illustrations). Second, this article will interrogate the jurisprudence of the text, including analysis of the text's construction of responsible citizens and its sometimes puzzling message about the nature of rights and duties under the rule of law. Finally, we will conclude by exploring the relationship between law and love in the text. The dialogic possibilities inherent in the way in which picture books are consumed (typically, an adult reads the picture book to a young child, in an act of loving engagement) means that stories about rules have potential to be part of an ongoing conversation about law and justice between adult and child.

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  Fraternity in the Law as a Means of Human Flourishing

  John Makdisi

  Book: Human Flourishing: The End of Law

  Chapter Description:

  May this essay on fraternity honor my very good friend and colleague, Siegfried Wiessner. He has devoted his life to the encouragement of fraternity through-
  out the world. His steadfast devotion to this noble goal, coupled with his compassion, integrity, powerful intellect, and strong work ethic, has inspired me
  and so many others on our own moral and intellectual journeys. Contrary to most Festschrifts which are offered upon retirement or death, this one is
  offered as a milestone along the way of a brilliant career. May God bless your continuing good work, Siegfried, in the many years ahead.

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  Regulatory Structure and the Revolving Door Phenomenon in South Korea

  Youkyung Huh

  Book: The Cambridge Handbook of Twin Peaks Financial Regulation

  First proposed in 1994, the Twin Peaks model of financial system regulation employs two specialist peak regulators: one charged with the maintenance of financial system stability, and the other with market conduct and consumer protection. This volume, with contributions from over thirty scholars and senior regulators, provides an in-depth analysis of the similarities and differences in the Twin Peaks regimes that have been adopted around the world. Chapters examine the strengths and weaknesses of the model, provide lessons from Australia (the first to adopt the model), and offer a comparative look at the potential suitability of the model in leading non-Twin Peaks jurisdictions. A key resource for central bankers, public policy analysts, lawyers, economists, politicians, academics and students, this work provides readers with a comprehensive understanding of the Twin Peaks model, and a roadmap for countries considering its adoption.

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  Eradicating Human Trafficking: Culture, Law and Policy - Foreword

  Roza Pati

  Book: Eradicating Human Trafficking: Culture, Law and Policy

  With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors may be fueling human trafficking beyond what the law can curtail. The study reveals cultural elements that conflict with existing anti-human trafficking laws across three case studies (United States, India and Costa Rica). There is no simple answer or a single solution to stop or significantly reduce the crime, but a pragmatic, multi-disciplinary, and human rights approach to the problem may bring to light that, efforts to curtail human trafficking will be in vain if we rely on law alone. A fundamental shift in culture is imperative.

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  Motions, Affidavits, Declarations, Stipulations and Orders

  M. Veronica Saladino

  Book: Nevada Civil Practice Manual

  Nevada civil practitioners can rely on the unmatched scope of coverage packed within the 40 chapters of the Nevada Civil Practice Manual in this completely updated Sixth Edition. Obtain the most updated case and statute information, practice tips from experts in Nevada civil law practice and many new or revised forms.
  
  From researching Nevada law and filing and litigating a civil action, to trials and enforcement of judgments, Nevada Civil Practice Manual guides you through virtually every civil procedure and practice with expert analysis and in-depth discussion, including lien law, probate and extraordinary writs. Locate comprehensive discussion of the Nevada Rules of Civil Procedure as well as many statutory provisions relating to civil cases. Citations include Nevada cases construing the rules to illustrate practical application of various rules and including motion practice.

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  Indigenous Peoples and Cultural Heritage

  Siegfried Wiessner

  Book: The Oxford Handbook of International Cultural Heritage Law

  This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public international law, but it embraces also aspects of private international law and comparative law. It analyses the substance of cultural heritage protection and explores its links with other areas of public and private international law, as well as the ways in which cultural heritage law is contributing to the development of international law itself. The Handbook concludes with an examination of the implementation of cultural heritage law and of regional approaches. It reflects the diversity of developments in almost every field of international law which is leading to this specialist area of law and provides an overarching rationale for understanding and teaching cultural heritage law as a coherent body of law with key principles and practices. The book is designed in such a manner to enable a reader, whether it be a practitioner, policymaker, teacher or student, to pick and choose according their individual needs.

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  Financial Consumer Protection in Korea

  Youkyung Huh

  Book: An International Comparison of Financial Consumer Protection

  Chapter Description:

  Although not in adopted in any law in Korea yet, the term ‘financial consumer’, has been widely and increasingly used by the government, policy circles and the financial industry in Korea since 2010, when the Korean Academy of Financial Consumers (hereinafter “KAFC”) was set up probably for the first time in its kind in the world.

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  Trafficking in Human Beings: The Convergence of Criminal Law and Human Rights Law

  Roza Pati

  Book: The SAGE Handbook of Human Trafficking and Modern Day Slavery

  Millions of people around the world are forced to work without pay and under threat of violence. These individuals can be found working in brothels, factories, mines, farm fields, restaurants, construction sites and private homes: many have been tricked by human traffickers and lured by false promises of good jobs or education, some are forced to work at gunpoint, while others are trapped by phony debts from unscrupulous moneylenders.

  The SAGE Handbook of Human Trafficking and Modern-Day Slavery provides a comprehensive, interdisciplinary and global look at the diverse issues surrounding human trafficking and slavery in the post-1945 environment. Covering everything from history, literature and politics to economics, international law and geography, this Handbook is essential reading for academics and researchers, as well as for policy-makers and non-governmental organisations

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  Trafficking in Persons and Transnational Organized Crime: A Policy-Oriented Perspective

  Roza Pati

  Book: Handbook on Human Trafficking, Public Health and the Law

  This booklet is the result of the Spring School on Public Health, Human Trafficking and the Law funded by the German Academic Exchange Service (DAAD) as an ERASMUS INTENSIVE PROGRAMME, held in March, 2013 in Siena, Italy. The aim of the intensive program was to present and analyze the problem of human trafficking in line with the perspective of the New Haven School in order to recommend concrete solutions. For this purpose, the trafficking of humans has been explored in relation to public health and the European law, in close cooperation with participating students and experts in medicine, social sciences, and law.

  An award-winning international medical and scientific publisher, Thieme has demonstrated its commitment to the highest standard of quality in the state-of-the-art content and presentation of all of its products. Thieme's trademark blue and silver covers have become synonymous with excellence in publishing.

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  Culture and the Rights of Indigenous Peoples

  Siegfried Wiessner

  Book: The Cultural Dimension of Human Rights

  The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This book analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the chapters are tied by one unifying thread — that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights.

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  Doctors of the Social Order: Introduction to the New Haven Methodology

  Siegfried Wiessner

  Book: Handbook on Human Trafficking, Public Health and the Law

  This booklet is the result of the Spring School on Public Health, Human Trafficking and the Law funded by the German Academic Exchange Service (DAAD) as an ERASMUS INTENSIVE PROGRAMME, held in March, 2013 in Siena, Italy. The aim of the intensive program was to present and analyze the problem of human trafficking in line with the perspective of the New Haven School in order to recommend concrete solutions. For this purpose, the trafficking of humans has been explored in relation to public health and the European law, in close cooperation with participating students and experts in medicine, social sciences, and law.

  An award-winning international medical and scientific publisher, Thieme has demonstrated its commitment to the highest standard of quality in the state-of-the-art content and presentation of all of its products. Thieme's trademark blue and silver covers have become synonymous with excellence in publishing.

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  The Cultural Dimension of the Rights of Indigenous Peoples

  Siegfried Wiessner

  Book: International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Studies in International Law)

  International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods – typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) – speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors.
  
  This book details how three key areas of international law – human rights, culture and the environment – are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law.
  
  This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

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  The Categorical Imperative to End Modern-Day Slavery: Subsidiarity, Privatization, and the State’s Duty to Protect

  Roza Pati

  Book: Der Staat im Recht.: Festschrift für Eckart Klein zum 70. Geburtstag.

  The state in law – supported by and bound by the law, oriented towards the common good and individual rights in equal measure – is the object and goal of Eckart Klein's scientific work. Eckart Klein, whose 70th birthday is the occasion for this commemorative publication, has devoted himself as a legal scholar to public law in its entire range, whereby his work at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and his time as a research assistant at the Federal Constitutional Court have had a lasting impact on his interests and focused. Accordingly, important topics of his publication activity throughout his academic career are constitutional procedural law, general international law, the law of international organizations and the international protection of human rights. After a stint at the Johannes Gutenberg University in Mainz, he moved to the University of Potsdam. Here he also founded the Human Rights Center of the University of Potsdam, of which he was director. The lawyer supplemented his work as a university lecturer by holding judicial offices at the Higher Administrative Courts in Koblenz and Frankfurt (Oder) as well as at the State Court in Bremen. He was also a member of the United Nations Human Rights Committee and participated several times as a German ad hoc judge in proceedings before the European Court of Human Rights. The fact that academic teaching was not neglected in all of this was Eckart Klein's top priority. In this commemorative publication, students and companions have brought together contributions from the fields of international law, European law and national law in order to explore the position of the state in law from different perspectives, to mark the limits of state action and to ask for standards for sovereign decisions.

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  The State and Indigenous Peoples: The Historic Significance of ILA Resolution No. 5/2012

  Siegfried Wiessner

  Book: Der Staat im Recht.: Festschrift für Eckart Klein zum 70. Geburtstag.

  The state in law – supported by and bound by the law, oriented towards the common good and individual rights in equal measure – is the object and goal of Eckart Klein's scientific work. Eckart Klein, whose 70th birthday is the occasion for this commemorative publication, has devoted himself as a legal scholar to public law in its entire range, whereby his work at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and his time as a research assistant at the Federal Constitutional Court have had a lasting impact on his interests and focused. Accordingly, important topics of his publication activity throughout his academic career are constitutional procedural law, general international law, the law of international organizations and the international protection of human rights. After a stint at the Johannes Gutenberg University in Mainz, he moved to the University of Potsdam. Here he also founded the Human Rights Center of the University of Potsdam, of which he was director. The lawyer supplemented his work as a university lecturer by holding judicial offices at the Higher Administrative Courts in Koblenz and Frankfurt (Oder) as well as at the State Court in Bremen. He was also a member of the United Nations Human Rights Committee and participated several times as a German ad hoc judge in proceedings before the European Court of Human Rights. The fact that academic teaching was not neglected in all of this was Eckart Klein's top priority. In this commemorative publication, students and companions have brought together contributions from the fields of international law, European law and national law in order to explore the position of the state in law from different perspectives, to mark the limits of state action and to ask for standards for sovereign decisions.

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  Combating Human Trafficking Through Transnational Law Enforcement Cooperation: The Case of South Eastern Europe

  Roza Pati

  Book: Policing Across Borders

  This study aims at analyzing one of the most challenging elements of the international community’s efforts to combat the grave societal problem of human trafficking. It examines the problem through the lenses of the New Haven School of Jurisprudence. Thematically, this study focuses on substantive and procedural issues of international cooperation in criminal matters, concentrating on the transnational organized crime of trafficking in human beings. Geographically, the study investigates the prospects for such cooperation through showcasing some countries in the region of South Eastern Europe. The methodology employed helps to delimit the problem of transnational crime, cooperation in criminal matters, or lack thereof; it identifies the conflicting claims and lays out past trends in decision, actual agreements, and instances of cooperation, to be followed by the projection of future trends. The study concludes with an appraisal of past practices and recommends better approaches to the problem, in order to enhance the prospects for a world public order of human dignity in this field.

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  Indigenous Self-Determination, Culture and Land: A Reassessment in Light of the 2007 UN Declaration on the Rights of Indigenous Peoples

  Siegfried Wiessner

  Book: Indigenous Rights in the Age of the UN Declaration

  This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimize indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their ongoing struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanizing' and less subject to State priorities.

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  The Top Ten Law & Literature Texts You Haven’t Read

  Lenora P. Ledwon

  Book: Teaching Law and Literature

  This volume provides a resource for teachers interested in learning about the field of law and literature and shows how to bring its insights to bear in their classrooms, both in the liberal arts and in law schools. Essays in the first section, "Theory and History of the Movement," provide a retrospective of the field and look forward to new developments. The second section, "Model Courses," offers readers an array of possibilities for structuring courses that integrate legal issues with the study of literature, from The Canterbury Tales to current prison literature. In "Texts," the third section, guidance is provided for teaching not only written documents (novels, plays, trial reports) but also cultural objects: digital media, Native American ceremonies, documentary theater, hip-hop. The volume's forty-one contributors investigate what constitutes law and literature and how each informs the other.

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  Harry Potter Goes to Law School

  Lenora P. Ledwon

  Book: The Law and Harry Potter

  This volume considers the depiction of law and legal institutions in J.K. Rowling’s Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters use examples from the narratives to illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.

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  Founding Myths, International Law and Voting Rights in the District of Columbia

  Siegfried Wiessner

  Book: Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts

  This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.

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  Introduction - Looking to the Future: Essays on International Law in Honor of W. Michael Reisman

  Siegfried Wiessner

  Book: Looking to the Future: Essays on International Law in Honor of W. Michael Reisman

  Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community. The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.

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  Beyond the Duty to Protect: Expanding Accountability and Responsibilities of the State in Combating Human Trafficking

  Roza Pati

  Book: The Diversity of International Law: Essays in Honour of Kalliopi Koufa

  This collection of essays pays homage to the multifarious and enduring work of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece. The volume brings together 37 contributions of renowned international law scholars from all over the world on a wide spectrum of important contemporary theoretical and practical issues. The essays reflect the multiple faces, the expanding scope and diversity of contemporary international law. Areas covered include the use of force, dispute settlement, international criminal law, international environmental law and, most notably, terrorism and human rights, areas on which the work of Professor Koufa in the United Nations and elsewhere has been particularly influential.

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  Fair Trial Standards under Human Rights Treaty Law and the ICTY: A Process of Cross-Fertilization?

  Roza Pati

  Book: ICTY: Towards a Fair Trial?

  The International Criminal Tribunal for the former Yugoslavia (ICTY) does not merely represent a historical stage in the development of international criminal justice that can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court practice and frequently amended to take the latest developments into account. Additionally, with the arrest of Radovan Karadzic, a new chapter has been opened for the Court. This volume provides an account of all the debates revolving around the proper role of international criminal justice, and it contributes to the developing academic discipline of "transitional justice." It also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Rwanda provide for the future of international criminal procedure.

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  The United Nations Declaration on the Rights of Indigenous Peoples: Selected Issues

  Siegfried Wiessner

  Book: The Diversity of International Law: Essays in Honour of Kalliopi Koufa

  This collection of essays pays homage to the multifarious and enduring work of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece. The volume brings together 37 contributions of renowned international law scholars from all over the world on a wide spectrum of important contemporary theoretical and practical issues. The essays reflect the multiple faces, the expanding scope and diversity of contemporary international law. Areas covered include the use of force, dispute settlement, international criminal law, international environmental law and, most notably, terrorism and human rights, areas on which the work of Professor Koufa in the United Nations and elsewhere has been particularly influential.

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  The Kindred Concepts of Seisin and Hawz in English and Islamic Law

  John Makdisi

  Book: The Law Applied: Contextualizing the Islamic Shari'a

  A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responses (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, "The Law Applied" offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.