The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past...

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernable at each location. The "core samples"...

Policy discussions play an important role in labour law, and labour lawyers draw on a wide range of disciplines and approaches in order to construct their arguments. This overview of the basic principles of labour law and the related policy arguments introduces two of the main perspectives used in the analysis of labour law today human rights and economics. It offers a brief history of the influence of human rights and economics on labour law since the 1950s, explains neoclassical and new institutional economics and summarises the historical development of international human rights law. The...

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernable at each location. The "core samples"...

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues. Fully updated with recent developments in the field, the text's clear structure, logical chapter organisation, and uncluttered text design combine...

Principles of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible...

Principles of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible...

International investment law and arbitration is its own 'galaxy', made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues. While it has been expanding over the past few decades in quantitative terms, this galaxy is now developing new traits as a reaction to the criticisms formulated across civil society in relation to the protection of public interest. This textbook enables readers to master and make sense of this galaxy in motion. It offers an up-to-date,...

Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice:...

Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to...