"Internet Law Book Reviews" Provided by Rob Jerrard LLB LLM (London)
Clinical Applications of the Personality Assessmenty
Publishers: Imprint: Routledge
Publication Date: 24th March 2010
Publisher's Title Information
Clinical Applications of the Personality Assessment Inventory demonstrates the broad clinical utility of this modern multi-scale self-report measure of psychological functioning. By bringing together leading experts in psychological assessment from diverse applied settings, the book illustrates the impressive range of current PAI applications while providing recommendations for expanding the instrument's research base and clinical use. Many authors also present population specific PAI reference data. In this timely volume, experts from specialized areas of psychological assessment integrate the relevant research with their extensive clinical knowledge of the PAI, making this a valuable text for practitioners, students, and researchers.
Blais, Baity, Hopwood, Introduction. Kurtz, Assessment of Outpatients with the PAI. Siefert, Blais, Assessment of Inpatients with the PAI. Krishnamurthy, Personality Assessment Inventory Adolescent. Khadivi, Evdokas, The Clinical Applications of the PAI in Substance Abuse Settings. Calhoun, Collie, Clancy, Braxton, Beckham, The Use of the PAI in the Assessment of Posttraumatic Stress Disorder Among Help-seeking Veterans. Ruiz, Ochshorn, Clinical Applications of the PAI in Criminal Justice Settings. Correa, Rogers, Cross-cultural Applications of the PAI. Clark, Oslund, Hopwood, PAI Assessment in Medical Settings. Weiss, Use of the Pai in Personnel Selection. Cheng, Frank, Hopwood, Assessment of Motor Vehicle Accident Claimants with the PAI. Blais, Hopwood, Personality Focused Assessment with the PAI. Baity, Therapeutic Assessment with the PAI.
Mark A. Blais, PsyD., is Associate Chief of psychology and Director of the Psychological Evaluation and Research Laboratory at Massachusetts General Hospital. He is also Associate Professor of Psychology at Harvard Medical School.
Matthew R. Baity, PhD, is Assistant Professor within the California School of Professional Psychology at Alliant International University's Sacramento campus.
Christopher J. Hopwood, PhD, is an Assistant Professor of Clinical Psychology at Michigan State University
Reviews to Date
'The development of the PAI has proven to be one of the most important advances in clinical assessment of the last 20 years, and this book represents the most complete reference to date on its clinical uses. It is an essential guide for anyone interested in learning more about the PAI or how to use it with clients.' - Robert E. McGrath, PhD, Professor of Psychology, School of Psychology, Fairleigh Dickinson University; former Associate Editor, Journal of Personality Assessment
'The PAI currently sets the standard for self-report assessment of personality and psychopathology, this volume further extends this work in applied clinical settings. I believe this book will be incredibly informative for all therapists as the authors provide a broad range of chapters with vital information on specific populations and settings in a practical, clinically relevant manner.' - Mark J. Hilsenroth, Professor of Psychology, Derner Institute of Advanced Psychological Studies, Adelphi University
'This landmark volume represents a remarkable collaboration between leading PAI scholars and experts in specific domains of application. It melds a comprehensive and up-to-date coverage of empirical research with insights derived from years of rich clinical experience. The authors should be congratulated for this unique contribution to the field of clinical assessment.' - Leslie C. Morey, PhD, Professor and Head, Department of Psychology, Texas A&M University; author, Personality Assessment Inventory
'This clinically rich book outlines the foundations of the PAI and illustrates how it can be used to address a range of clinical, forensic, and research questions. By skillfully balancing empirical findings with clinical acumen, the authors convincingly demonstrate the value of the PAI to psychologists engaged in contemporary psychological assessment. Experienced clinicians, researchers, and graduate students will find much value in this book.' - Ronald J. Ganellen, PhD, Associate Professor, Departments of Psychiatry and Behavioral Sciences, Northwestern Feinberg School of Medicine
The idea for this book took hold shortly after the Personality Assessment Inventory (PAI, Morey, 1991) was featured in a special issue of the Journal of Personality Assessment (JPA; Kurtz & Blais, 2007). The JPA Special
Issue highlighted the growing empirical support and research application of the PAI. While the PAI Special Issue was well received, many colleagues commented that a companion volume focusing on the clinical applications of the PAI would be highly desirable. This volume represents our effort to address this need by bringing together authoritative contributions covering a diverse range of clinical applications of the PAL Each chapter is written by psychologists with extensive clinical experience in applying the PAI within specific patient populations or specialized clinical settings. To the extent possible, all chapters follow a similar format, making them easy to use as reference sources for busy clinicians and many chapters also contain unique reference data suitable for supplementing standard PAI interpretations.
In Chapter 1, we briefly introduce the development and composition of the PAI. We discuss psychometric and practical strengths of the PAI that may help to explain its rising popularity, and briefly highlight some interpretive strategies for the instrument. In Chapter 2, John Kurtz, who has used the PAI in his research and practice since its inception, provides a general overview for its use in outpatient clinical assessment. He also provides outpatient-specific reference data from the normative clinical sample, as well as interpretive rubrics for clinical predictions involving treatment continuation and risk of harm to self or others. Caleb Siefert and Mark Blais, who have used the PAI for practice and research at the Massachusetts General Hospital for several years, cover its applications for inpatient assessment in Chapter 3. They also provide reference data to facilitate the use of the PAI in other inpatient settings. Radhika Krishnamurthy, a personality assessment expert with several years' experience in adolescent assessment, summarizes the newly released adolescent version of the PAI in Chapter 4. Dr. Krishnamurthy also describes a case that highlights her interpretive suggestions, and provides reference data from one forensic and two clinical samples.
The next six chapters are written by experts in more specific assessment contexts. In Chapter 5, All Khadivi and Andreas Evdokas, who have used and conducted research on the PAI for several years with inner-city substance abusers, describe how they have applied the instrument in this setting. Patrick Calhoun, director of postdoctoral training at the Durham Veteran's Affairs, and personality assessment expert, describes the assessment of veterans with the PAI in
collaboration with several colleagues in Chapter 6. In Chapter 7, Mark Ruiz and Ezra Ochshorn outline the use of the PAI in forensic assessment settings. Dr. Ruiz has vast clinical and research experience on this topic, including having coauthored the PAI forensic manual and software for the use of the test in correctional settings (Edens & Ruiz, 2005). Amor Correa and Richard Rogers describe cross-cultural research that has been conducted on the PAI in Chapter 8, clarify areas for further work, and provide helpful suggestions for practitioners using the PAI in populations who differ culturally from normative comparison samples. Timothy Clark, Sarah Oslund, and Christopher Hopwood describe applications of the PAI in medical settings based on their clinical and research experiences with medically ill patients in Chapter 9. In Chapter 10, Peter Weiss who, along with his father William Weiss, has conducted the bulk of research on personnel selection with the PAI, describes this research and provides specific, empirically grounded recommendations for the interpretation of the PAI in this context. Finally, Michael Cheng, Jeremy Frank, and Christopher Hopwood describe the use of the PAI for motor vehicle accident claimants, and provide reference data to augment the interpretation of the PAI in this understudied clinical population in Chapter 11.
The final two chapters return to a more general focus on the interpretation and clinical use of the PAI. In Chapter 12, Mark Blais and Christopher Hopwood present a model of personality organization that has proven useful for conceptualizing PAI scores and integrating PAI data with other psychological assessment information. In Chapter 13, Matthew Baity presents a case depicting a therapeutic assessment with the PAI. Together, these chapters present a broad contemporary overview of the PAI, including its research basis and interpretive strategies, as well as specific recommendations for clinicians working in a variety of psychological assessment settings.
Psychological assessment remains a vital element in the training and practice of professional psychology, yet many of our most popular instruments are based on aging technology and outdated constructs. While these venerable tools can be updated and restandardized, they can never be fully retrofitted with all of the theoretical and psychometric advances of the last 50 years. Therefore, the development and application of contemporary assessment instruments such as the PAI are needed to maintain the vitality of the field. We hope that this volume will help practicing psychologists and psychology students appreciate the psychometric and clinical advantages offered by the PAI and also aid them in translating those improvements into better clinical care. Finally, while each chapter presents a specific clinical application of the PAI along with the supporting research, areas in need of further investigation have also been highlighted throughout the book. Our lofty goals were to have this volume become a valued clinical resource and to stimulate new research on the clinical utility and application of the PAI.
Edens, V.F. & Ruiz, M.A. (2005). PM interpretive report for correctional settings (PM-CS). Lutz, FL: Psychological Assessment Resources.
Kurtz, J.E. & Blais, M.A. (2007). Introduction to the special issue on the Personality Assessment Inventory. Journal of ersonality Assessment, 88,1-4.
Morey, L.C. (1991). Professional manual for the Personality Assessment Inventory. Odessa, FL: Psychological Assessment Resources.
Author: Edited by Aldo Zammit Borda
Publishers: Imprint: Routledge
Publication Date: 9th Nov 2010
Pages: 140 pages
Publisher's title Information
Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson.
This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond.
This book was based on a special issue of Commonwealth Law Bulletin.
Foreword. Preface. Articles 1. The Ethics of Legislative Drafting VCRAC Crabbe 2. Training of Legislative Counsel: Learning to Draft without Nellie Sandra C. Markman 3. Teaching Legislative Drafting: Reflections on the Commonwealth Secretariat Short Course Robin Webster 4. The Role of Parliamentary Counsel in Legislative Drafting N.K. Nampoothiry 5. Prioritising Legislative Proposals in the Legislative Process Richard C. Nzerem 6. Keeping the Statute Book up to date: A Personal View Duncan Berry 7. Drafting by More than Words: The Use of Graphics, Labels and Formulae in Legislation St. John Bates 8. The Challenges of Legislative Drafting in Small Commonwealth Jurisdictions Ranjit Hewagama Fact Sheet 9. Building a Commons for the Common Law: The Commonwealth Legal Information Institute (CommonLII) Four Years On Graham Greenleaf, Andrew Mowbray and Philip Chung
Aldo Zammit Borda is Legal Editor at the Legal and Constitutional Affairs Division, Commonwealth Secretariat.
Author: Lisa Webley
ISBN : 978-0-415-49191-4
Pages: 158 pages
Publication Date: 5th August 2009
Publisher's Title Information
Legal Writing guides students comprehensively through this essential legal skill, and addresses a range of examining methods, from questions to final essays and problem answers. It considers how to deconstruct essay and problem questions and how to conduct and apply legal research to answer set questions.
The book explains how to reference others' work clearly and correctly, and is a useful tool for students concerned about issues of plagiarism. It also focuses on how to develop and communicate legal arguments, and both good and bad examples of written work are considered and discussed.
Legal Writing is principally appropriate to undergraduate students, particularly at the beginning of their degree studies, and to GDL and CPE students.
Accompanied by a new Companion Website, Legal Writing is supported by a variety of online resources, including:
Multiple choice questions on correct referencing an exercise on quoting , paraphrasing and plagiarism
commentary on a specimen exam answer
revision tips and guidance
answers to frequently asked questions relating to all aspects of legal writing.
An Introduction to Legal Writing. How to Do Well in Assessments. Essay Writing. Answering Problem Questions. Writing Extended Essays and Dissertations. How to Apply Research Findings in Your Writing. Correct Referencing. Completing, Polishing and Presenting Your Work. Legal Writing in Exams and How to Prepare. Using Feedback to Improve Performance
Lisa Webley teaches legal skills, research methods and public law at the University of Westminster, where she is a Reader in Law. She is also a Research Fellow at the Institute of Advanced Legal Studies in London.
Author: Rupert Haigh
Pages: 332 pages
Publication Date: 19th March 2009
Publisher's Title Information
English is the dominant language of international business relations, and a good working knowledge of the language is essential for today's legal or business professional. Written for both students and practitioners, Legal English is a highly practical handbook, which addresses all aspects of legal employment, from the very basic use of language, to Chairing formal meetings.
Supported for the first time by questions and answers throughout, this is the ideal learning aid for those seeking to perfect their legal English. Divided into three sections, it covers: writing clear and accurate legal documents and letters in English
the key situations in which legal and business professionals use oral communication the language used in international business contracts
Concluding with a series of helpful glossaries that explain the meaning of different kinds of words and phrases often found in legal and business English, this is an excellent reference tool for those seeking to perfect their legal English.
This book is aimed at legal professionals, law students and other persons who regularly deal with legal documents written in English. It constitutes a practical reference and self-study resource, which will help you both understand English' legal language as it appears in contemporary written and oral contexts, and to use clear, accurate English in everyday legal and business situations.
The book falls into three parts. The first part focuses on the key aspects of legal English writing, and provides detailed coverage of the following areas:
Introduction to legal English
Elements of legal writing
Punctuation for legal writing
Basic standards of legal writing
Elements of good style
What to avoid
British and American English
The second part deals with the drafting of contracts and other legal documents, as well as letters, emails and memoranda. There is also a chapter on applying for legal positions, which contains advice on the composition of CVs and application letters.
The following areas are covered:
Contracts: performance, termination and remedies
Contracts: structure and interpretation
Contract clauses: types and specimen clauses
Drafting legal documents: language and structure
Correspondence and memoranda
Applying for legal positions
The third part looks at the key areas in which English is used orally in legal practice and how English usage can be tailored to achieve maximum effectiveness in different situations. Specific suggestions as to phrases that may be used in commonly encountered situations are given throughout this part of the book.
The following areas are covered:
Aspects of spoken English
Meeting, greeting and getting down to business
Interviewing and advising
Dealing with difficult people: ten-point guide
Chairing a formal meeting
Throughout the book, clear and concise explanations of different issues are supported by practical examples. These range from specimen clauses, contracts and letters to transcripts of court hearings and client interviews. The book also contains no fewer than 35 separate self-study exercises, ranging from short gap-filling exercises to more involved comprehension exercises. Answers are contained in a key at the back of the book. In addition to these self-study exercises, further resources, and study tools can be accessed in the Companion Website at www.routledgelaw.com/books/companionwebsites and on the author's materials website at www.legalenglishstore.com
In addition, the book includes extensive glossaries explaining the meaning of key legal terminology.
13 February 2009
How the Law Works
Author: Gary Slapper
ISBN: 978041560010 1
Publication Date: 24th Nov 2010
Publisher's Title Information
How the Law Works is a refreshingly clear and reliable guide to today's legal system. Offering interesting and comprehensive coverage, it makes sense of all the curious features of the law in day to day life and in current affairs.
Explaining the law and legal jargon in plain English, it provides an accessible entry point to the different types of law and legal techniques, as well as today's
compensation culture and human rights law. In addition to explaining the role of judges, lawyers, juries and parliament, it clarifies the mechanisms behind criminal and civil law.
How the Law Works is essential reading for anyone approaching law for the first time, or for anyone who is interested in an engaging introduction to the subject's bigger picture.
Gary Slapper LLB, LLM, PhD, PGCE (Law) Professor of Law, and Director of the Law School at The Open University Visiting Professor, New York University, London.
Reviews to Date
"How the Law Works is a very useful companion to anyone embarking on the study of law." Andrew Baker, Liverpool John Moores University
"How the Law Works is a comprehensive, witty and easyto-read guide to the law. I thoroughly recommend it to non-lawyers who want to improve their knowledge of the legal system and to potential students as an introduction to the law of England and Wales." Lynn Tayton QC
Reviews of the first edition:
"An easy-to-read, fascinating book ... brimful with curios, anecdote and explanation." The Times
"A friendly, readable and surprisingly entertaining overview of what can be a daunting and arcane subject to the outsider." The Law Teacher.
Today law is a popular subject at universities and colleges. Although people who study subjects like mathematics, music, biology or history will have studied them before while at high school, and know something of the elements and methods of their chosen subject, that is not true of those who study law as a specialist subject. This book is aimed at introducing the subject to newcomers. It has also been written to be of use as a continuing companion to legal study, and of being helpful, I hope, to other citizens.
The number and range of law books, law reports and legislative volumes in the library has grown considerably over the years. In his inaugural lecture at Oxford on 21 April 1883, the distinguished constitutional lawyer A.V. Dicey noted that even until well into the nineteenth century it was possible for a person to read the entirety of English law within the compass of an ordinary adult life. It could be contained in fewer than 200 volumes. Today, an earnest reader would probably need to live for over 600 years to read all law and regulations applicable in the United Kingdom. Whether that would be the most edifying way to spend a 600-year life is another matter.
This book is about both the hardware and software of law. It is about the tangible parts of the enterprise, like lawyers, judges, the dramas of courtrooms, and juries the hardware. It is also about the theories inexplicitly, and thus invisibly, relied on in law when, for example, cases are analysed or legislation is interpreted and applied the software.
In 1846, a parliamentary committee on legal education urged in a report that law be taught more animatedly and more widely. But five years after it published that report, another committee discovered that not only had no one done anything about the proposal, no one had even read the report! There was dust on the pages whose obscured writing complained that law was a dusty subject.
Law continued to be seen widely as a subject of limited importance and as something for a social elite. In 1948, in his inspiring Presidential Address to the Society of Public Teachers of Law, W.T.S. Stallybrass accepted that law was a fit subject to be studied at universities. He made many perceptive suggestions, some very advanced for the time, about how best legal education should be carried out. However, he accepted the then prevailing notion that a law faculty should provide the sort of liberal education equated with 'a gentleman's knowledge'. He did not accept that the subject should include any analysis or criticism of the policies embodied in legal doctrines or in the operation of legal principles. He also did not want it to cover the 'those branches of the Law which depend on Statute'.
Offenders, Deviants or Patients?
Explorations in Clinical Criminology
Author: Herschel Prins
ISBN: 978 0415464291
Publishers: Routledge Mental Health
Publication Date: June 2010
Publisher's Title Information
Offenders, Deviants or Patients? provides a practical approach to understanding both the social context and treatment of mentally disordered offenders. Taking into account the current public concern, often heightened by media sensationalism, it addresses issues such as sex offending, homicide and other acts of serious bodily harm.
This fourth edition comes after extensive new research by academics and professionals in the field and reflects recent changes in law, policy and practice, including:
New sex offending legislation
Proposals to amend homicide legislation
A new mental health act.
Using new case examples, Herschel Prins examines the relationship between mental disorders and crime and looks at the ways in which it should be dealt with by the mental health care and criminal justice systems.
Offenders, Deviants or Patients? is unique in its multidisciplinary approach and will be invaluable to all those who come into contact with serious offenders or those who study crime and criminal behaviour.
Table of Contents
Preface. Some Autobiographical Reminiscences. Non Responsibility/Responsibility and Partial Responsibility. By Diverse Routes. 'Thick Coming Fancies'. A Failure to Register. Grievous and Other Bodily Harms. Thou Shall Not Commit Murder. Sex - Lawful and Unlawful. No Smoke Without Fire. 'The Malady of Not Marking'. Envoi.
Note on case illustrations ix
The law an advance apology x
Preface: some explanations xi
1 Some autobiographical reminiscences 1
2 Non-responsibility, responsibility and partial responsibility 18
3 By divers routes 51
4 'Thick coming fancies' 102
5 A failure to register 156
6 Grievous and other bodily harms 187
7 Thou shall not commit murder 213
8 Sex lawful and unlawful 242
9 No smoke without fire 283
10 'The malady of not marking' 300
Author index 333
Subject index 341
Herschel Prins has worked in the fields of criminal justice and forensic mental health for over fifty years. He has served on a number of public and voluntary bodies, authored numerous books and articles and continues to teach part-time at the Universities of Leicester and Loughborough.
The Current State of Domain Name Regulation
Domain Names as Second Class Citizens in a Mark-dominated World
Series: Routledge Research in Information Technology and E-Commerce Law
Author: Konstantinos Komaitis
Publication Date: 4th June 2010
Publisher's Title Information
In this book Konstantinos Komaitis identifies a tripartite problem - intellectual, institutional and ethical - inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis 'e-property' rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anti-cybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice.
The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as second class citizens, suggesting that trademark rights should have priority over the registration in the domain name space.
Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens.
With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.
Introduction: Taking on the sins of ICANN and the UDRP, PART I: INTELLECTUAL PROBLEM 2. Contextualising Property 3. Introducing Trademarks 4. Domain Names: Their Technological, Socio-Economic and Legal Status PART II: INSTITUTIONAL PROBLEM 5. History of Domain Name Institutionalization 6. "Lex Domainia" - The New Lex Mercatoria? 7. The UDRP and Arbitration 8. Issues of Procedural Unfairness 9. Free Speech in the context of the UDRP 10. Regulating Domain Names Nationally: The Case of the Anti-cybersquatting Consumer Protection Act (ACPA) 11. Applying the UDRP and ACPA in the Right Context PART III: ETHICAL PROBLEM 12. 'Haves' and 'Have-nots' PART IV: THEMES AND ISSUES 13. Forwards and Backwards 14. Repeating the same mistakes: New gTLDs and the IRT Recommendation Report
Konstantinos Komaitis (Ph.D, LLM (Strathclyde University) and LLM (University of Sheffield)) is a lecturer at the University of Strathclyde, UK. He was also a member of ICANN's Special Trademark Issues (STI) team and a drafter of the Uniform Rapid Suspension (URS) system.
Part of the Introduction
Taking on the sins of ICANN and the UDRP
On August 7, 2009, four people met to discuss issues pertaining to trademark law and trademark protection on the Internet. Two were from the staff of the Internet Corporation for Assigned Names and Numbers commonly known as ICANN one was a U.S. trademark lawyer and the other was myself. The discussion focused on the interaction between domain names and trademarks, the weaknesses of the current regime and suggestions on future, innovative solutions. During the course of our meeting, I reiterated the hypothesis and arguments of this book: under its current form, the state of domain name regulation is not working, and I associate this problem with an historical quandary, which has intellectual, institutional and ethical dimensions. It has always been my belief that, for fixing the problems of the current regime, we need to go back and revisit our experiences, before we can safely gaze the future. Otherwise, our vision to construct a legitimate environment for domain names will permanently be tainted by the mistakes of the past.
The year 2009 was tough for ICANN, with Congressional Hearings, the expiry of the Joint Project Agreement (JPA) with the U.S. Department of Commerce (DoC) and the materialisation of the 'Affirmation of Commitments' a new framework of governance, with as of yet no clear ends and structure. In the midst of all this political mayhem, 2009 also found ICANN venturing into its biggest ever policy decision the expansion of the Root through an unlimited addition of new gTLDs. Through this new policy act, ICANN is expected to operate as the dew ex machina for the years to come.
Unsurprisingly, one of the most pivotal issues of ICANN's new policy turned out to be the protection of trademarks on the Internet.2 Over the past ten years, the trademark community has managed through ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) to achieve an unprecedented level of trademark protection. And, over the same ten years, the trademark community has been seeking opportunities to expand this protection. ICANN's new venture gave trademark owners the opportunity to suggest policy that arbitrarily revisits basic concepts of trademark law. In 2009 the trademark community struck again the original report suggested by the Implementation Recommendation Team (IRT) is a true testament of how trademark owners perceive domain names and their disrespect towards the legitimate rights of registrants. (I am not arguing, of course, that all registrants are legitimate or that cybersquatting is not a big problem; but, equally, not all domain name holders are 'trademark thieves'; many are activists, entrepreneurs and innovators.)
It was, therefore, quite strange to be speaking about a policy document, when there are so many things we need to rationalise before we start suggesting new trademark policy. It was strange hearing people saying how good the current regime is, without even giving regard to the unprecedented level of unfairness in the UDRP process. It was, finally, strange for me to see that ICANN has never been accurately informed about law by its own constituencies nor have they cared about how its policies impact trademark law.
So, I think the timing of this book could not have been more appropriate. Do not expect, however, to find perfect answers there is no such thing. I just want to tell you a story with a beginning and an end. I have started with the IRT report and I plan to conclude with the IRT report and issues of trademark protection under the new regime of Root expansion. But, in the meantime, I would like you to hear what, I believe, is the perspective of the average, individual user, like me and, I hope, like you.
A colleague once told me that one should not talk about something, unless there is history to refer to. I have been carrying this thought throughout the writing of this book and I often wondered whether the history of the DNS and its policies are old enough to allow me to tell my story. The publication of the IRT report convinced me: suggesting new policy signifies a step to replace an old one. And, this is the mistake that took place in 2009 we got engaged in an extensive debate about new protection mechanisms for trademarks on the Internet, when we should have first fixed the problems with the existing ones. More than ten years have passed since the first UDRP case and ICANN as the responsible authority has not convened a body to revise the Policy, whilst WIPO is wasting its resources on expensive, celebratory anniversaries instead of subjecting domain name disputes to a deep and thorough review.3 The UDRP's body of case law, the many scholarly articles written and the expressed views of all interested parties constitute tools that ICANN should use to repair the UDRP because, first, it is the UDRP that requires fixing.
There are many things the UDRP did and did not do. It did manage to effectively address the problem of cybersquatting, but it did not manage to adhere to its limited scope. It did succeed in eliminating the involvement of courts, but it did not evolve into a self-sufficient institution with endogenous and exogenous checks and balances. It did, finally, achieve to protect trademark owners, but it did not, equally, achieve to protect the rights of legitimate domain name registrants. And, all these 'did nots' led to the perception of today: Domain Names are without a doubt second-class citizens in a world dominated by trademark rights.
The book and the arguments presented emanate from the thesis that no institution or system has a monopoly on curbing justice arbitrarily....
Surveillance and Democracy
Author: Edited by Kevin D. Haggerty & Minas Samatas
Publishers: Imprint: Routledge-Cavendish
( A Glasshouse Book) Taylor & Francis Group
Publication Date: 11th June 2010
Publisher's Title Information
This collection represents the first sustained attempt to grapple with the complex and often paradoxical relationships between surveillance and democracy. Is surveillance a barrier to democratic processes, or might it be a necessary component of democracy? How has the legacy of post 9/11 surveillance developments shaped democratic processes? As surveillance measures are increasingly justified in terms of national security, is there the prospect that a shadow "security state" will emerge? How might new surveillance measures alter the conceptions of citizens and citizenship which are at the heart of democracy? How might new communication and surveillance systems extend (or limit) the prospects for meaningful public activism?
Surveillance has become central to human organizational and epistemological endeavours and is a cornerstone of governmental practices in assorted institutional realms. This social transformation towards expanded, intensified and integrated surveillance has produced many consequences. It has also given rise to an increased anxiety about the implications of surveillance for democratic processes; thus raising a series of questions - about what surveillance means, and might mean, for civil liberties, political processes, public discourse, state coercion and public consent - that the leading surveillance scholars gathered here address.
1. Surveillance and Democracy: An Unsettled Relationship, Kevin D. Haggerty and Minas Samatas Section I: Theorizing Surveillance and Democracy 2.Surveillance and Transparency as Sociotechnical Systems of Accountability, Deborah Johnson and Kent Wayland 3. Identification, Surveillance and Democracy, David Lyon 4. Democracy and Its Visibilities, Andrea Mubi Brighenti 5. Periopticon: Control Beyond Freedom and Coercion - and Two Possible Advancements in the Social Sciences, Michalis Lianos Section II Surveillance Policies and Practices of Democratic Governance 6. Surveillance as Governance: Social Inequality and the Pursuit of Democratic Surveillance, Torin Monihan 7. Democracy, Surveillance and 'Knowing What's Good for You': The Private Sector Origins of Profiling and the Birth of 'Citizen Relationship Management, Kirstie Ball, Elizabeth Daniel, Sally Dibb and Maureen Meadows 8. The Impact of Communications Data Retention on Fundamental Rights and Democracy: The case of the EU Data Retention Directive, Lilian Mitrou 9. 'Full Spectrum Dominance' as European Union security policy: On the trail of the 'NeoConOpticon', Ben Hayes Section III Case Studies in the Dynamics of Surveillance and Democracy 10. A Trans-systemic Surveillance: The Legacy of Communist Surveillance in the Digital Age, Maria Los 11. Balancing Public Safety and Security Demands with Civil Liberties in a New Constitutional Democracy: The Case of Post-1994 South Africa and the Growth of Residential Security and Surveillance Measures, Anthony Minnaar 12. The Greek Olympic Phone Tappings Scandal: A Defenceless State and a Weak Democracy, Minas Samatas 13. Surveillance and Democracy in the Digital Enclosure, Jennifer R. Whitson
Kevin D. Haggerty is editor of the Canadian Journal of Sociology and book review editor of the international journal Surveillance & Society. He is professor of sociology and criminology at the University of Alberta, Canada.
Minas Samatas is associate professor of political sociology in the Sociology Department at the University of Crete, Greece, and author of Surveillance in Greece: From anticommunist to the consumer surveillance, Pella, NY, 2004.
Human Rights and Minority Rights in the Europeann
Series:Routledge Research in European Union Law
Publishers: Routledge (Taylor & Francis Group)
Publication Date: 17th June 2010
Publisher's Title Information
The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights.
This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU's policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.
1. Overview 2. A Background to The Establishment of Human Rights in the Law and Policies of the European Union 3.The Common Foreign and Security Policy as an Instrument of Human Rights Policy 4. The EU and the Protection of Minority Rights in Europe Chapter 5. Minority Rights in the Member States
Kirsten Shoraka has a PhD in law from the London School of Economics and worked as legal advisor for Fair Trials International, Office of Fair Trading, German Institute of Human Rights, the German Foreign Office and the Social Democrat Party in the German Parliament.
From the Introduction
When Europe lay destroyed after the Second World War, there was a shared interest in recreating the continent to achieve economic recovery and political and social stability. This enterprising idea led to the establishment of the European Community (EC), with human rights carrying little focus from its inception in 1957 and throughout the Cold War. Furthermore, the end of the Cold War has ushered in a restructuring of the institutions of the EC, which then became the European Union (EU), culminating into its enlargement to include former communist states in Central and Eastern Europe,' under the aegis of economic integration, democracy and human rights.
Against this background, the aim of this book is to examine the development and expansion of human rights and in particular minority rights in the European Union, which started as an economic cooperation project and became an organisation of European states with an international political agenda. There is no dearth of literature on human rights and the EU, however, there has been no systematic treatment of this issue that combines aspects of human rights, minority rights and foreign policy in the EU, including the enlargement of the EU and the influence of international law in this area. The book does not analyse EU human rights law in great detail but rather reviews its historical development in the context of the Treaties (from Rome to Lisbon) and critically assesses the EU's policy on minority rights as part of its human rights policy/policy on enlarge- meld., including a comparative study of four new EU Member States in Eastern Europe and three old Member States. Furthermore, the level of protection for minorities within the framework of international human rights law will be considered and in particular the extent to which international law standards can have any impact on the EU's policy on minority rights.
The book is justified on account of the growing use of human rights in the development of the institutional structures and the legal order of the EU, and in connection with the increased application of human rights not only in the foreign policy of the EU, but also with regards to its internal development. In addition, the protection of minorities has become a very topical issue in Europe since the end of the Cold War, and has played an important role in the EU's policy on enlargement. In this context, the role of other international organisations and their contribution to a minority protection regime will be assessed.
In modern society, the respect for human rights together with freedom and democracy form core values of every societal organisation or polity, as manifested in various international treaties and conventions concluded under the auspices of the United Nations (UN) or the Council of Europe (CoE). The EU, however, proclaimed in 1957 economic prosperity and the exercise of economic freedoms as its main objective. Nevertheless, the founding fathers of the European Economic Community (EEC) cannot deny that peace and the protection of human rights on the European continent, after the horrors of two World Wars, were higher goals to be achieved through economic recovery. Also, the jurisprudence of the European Court of Justice (ECJ) reveals how the exercise of economic freedoms has influenced human rights awareness in the EU.
In the Western part of Europe, the adoption of the European Convention for the Protection of Human. Rights and Fundamental Freedoms in 1950 (ECHR) preceded the economic, agenda, which .,was greatly achieved through what was then the EEC, founded in 1957. Since then, the EC developed over the years into a very complex organisation that has undergone a dynamic process of integration and has assumed ever more competencies with the result of creating the EU in 1992 under the Treaty of Maastricht (Treaty on European Union, TELT)! The EC became one of the three pillars of the EU, the other two being the Common Foreign and Security Policy (CFSP) and Justice and Home Affairs CJHA). The Treaty of Maastricht also introduced for the first time a provision on human rights into the EC Treaty. Seven years later, with the Treaty of Amsterdams a new Article 13 was inserted into the EC Treaty (TEC), enabling the Council to 'take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation' whereas before discrimination was simply prohibited on the basis of nationality of the Member States. On the basis of Article 13, TEC, Council Directive 2000/ 43/EC of 29 June 2000 (the Anti-Discrimination Directive) was issued, requiring the Member States to implement the principle of equal treatment between persons irrespective of racial or ethnic origin.
The Scene of Violence
Cinema, Crime, Affect
Author: Alison Young
Publishers: Imprint: Routledge-Cavendish
Publication Date: 17th May 2010
Publisher's Title Information
In the contemporary fascination with images of crime, violence gets under our skin and keeps us enthralled. The Scene of Violence explores the spectator's encounter with the cinematic scene of violence - rape and revenge, homicide and serial killing, torture and terrorism. Providing a detailed reading of both classical and contemporary films - for example, Kill Bill, Blue Velvet, Reservoir Dogs, The Matrix, Psycho, The Accused, Elephant, Seven, Thelma & Louise, United 93, Zodiac, and No Country for Old Men - Alison Young returns the affective processes of the cinematic image to the study of law, crime and violence. Engaging with legal theory, cultural criminology and film studies, the book unfolds both our attachment to the authority of law and our identification with the illicit. Its original contribution is to bring together the cultural fascination of crime with a nuanced account of what it means to watch cinema. The Scene of Violence shows how the spectator is bound by the laws of film to the judgment of the crime-image.
1. The Crime-Image
2. Judging the Affect of Screen Violence
3. "Don't You Fucking Look At Me": Sexual Injury, Vision and Cinematic Revenge
4. The Serial Killer's Accomplice
5. The Cinema of Disaster: Screening 9/11
6. No End to Violence?
'Alison Young may be the best law and film scholar in the world. Her insight and eminence in the field are amply on display in The Scene of Violence. Here Young draws our attention to what she calls "the spectatorial relation engendered by film." No one who watches a film will ever watch it the same way after reading this book. No one who has ever thought about the relationship of law, violence and film will ever think about them the same way after reading this book. The Scene of Violence will be an instant classic.' - Austin Sarat, William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College
Framing Crime, Cultural Criminology and the Image
Authors: Edited by Keith Hayward, Mike Presdee
Publication Date: 27th January 2010
Publisher's Title information
In a world in which media images of crime and deviance proliferate, where every facet of offending is reflected in a 'vast hall of mirrors', Framing Crime: Cultural Criminology and the Image makes sense of the increasingly blurred line between the real and the virtual.
Images of crime and crime control have become almost as 'real' as crime and criminal justice itself. The meaning of both crime and crime control now resides, not solely in the essential - and essentially false - factuality of crime rates or arrest records, but also in the contested processes of symbolic display, cultural interpretation, and representational negotiation.
It is essential, then, that criminologists are closely attuned to the various ways in which crime is imagined, constructed and framed within modern society.
Framing Crime responds to this demand with a collection of papers aimed at helping the reader to understand the ways in which the contemporary 'story of crime' is constructed and promulgated through the image. It also provides the relevant analytical and research tools to unearth the hidden social and ideological concerns that frequently underpin images of crime, violence and transgression.
Framing Crime will be of interest to students and academics in the fields of criminology, crime and the media, and sociology.
Table of Contents
1. Opening the lens: cultural criminology and the image, Keith Hayward 2. Crime, punishment and the force of photographic spectacle, Phil Carney 3. The decisive moment: documentary photography and cultural criminology, Jeff Ferrell and Cécile Van de Voorde 4. Hindley's ghost: the visual deconstruction of Maxine Carr, Phil J. Jones and Claire Wardle 5. Screening crime: cultural criminology goes to the movies, Majid Yar 6. The scene of the crime: Is there such a thing as 'just looking'?, Alison Young 7. Imagining the 'War on Terror': fiction, film, and framing, Alexandra Campbell 8. Framing the crimes of colonialism: critical images of Aboriginal art and Law, Chris Cuneen 9. 'Drive it like you stole It': cultural criminology, images and automobiles in advertisements, Stephen L. Muzzati 10. Staging an execution: the media at McVeigh, Bruce Hoffman and Michelle Brown 11. Fighting with Images: The production and consumption of violence among online football supporters, Damián Zaitch and Tom de Leeuw 12. A reflected gaze of humanity: cultural criminology and images of genocide, Wayne Morrison
Keith J. Hayward is Senior Lecturer in Criminology and Sociology and the Director of undergraduate criminology at the University of Kent.
The late Mike Presdee was Senior Lecturer in Criminology at the School of Social Policy, Sociology and Social Research at the University of Kent.
Family Law, Sex and Society
A Comparative Study of Family Law
Author: Peter De Cruz
Price: £32.99, $66.00
Publication Date: 4th February 2010
Publisher's Title Information
Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context.
Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions.
Divided into different sections, Family Law, Sex and Society includes coverage of:
A jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family.
The English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany.
Family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia.
An analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law.
A comparative analysis of the laws relating to domestic violence.
Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.
Table of Contents
Introductory Overview; Jurisdictional Survey: Family Law in Europe; Family Law in the United States; Family Law in Australia and New Zealand; Family Law in Africa and Asia; Family Law in the Russian Federation; Family Law in Japan; Cohabitation, Informal Unions and Civil Partnerships in Comparative Perspective; Domestic Violence - a Comparative Survey; The Impact of Human Rights Law on Family Law; Common Themes, Key Debates and Comparative Overview.
Peter de Cruz, LLB, LLM, PhD, is Professor of Law at Liverpool John Moores University.
The Problem of Enforcement in International Law
Countermeasures, the Non-Injured State and the Idea of International Community
Author: Elena Katselli Proukaki
Publication Date: 14th December 2009
Publisher's Title Information
This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. Elena Katselli Proukaki takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the non-existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic.
In taking a thorough view of the issues involved the author identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms. The Problem of Enforcement in International Law explores questions evolving around the nature, integrity and effectiveness of international law and the role it is called to play in a contemporary context.
This book is of great interest and value not only for specialists in this area of international law, but also human rights, trade and EU lawyers, practitioners, legal advisers, and students.
Table of Contents
- 1.The International Community, Jus Cogens Norms and Obligations Erga Omnes
- 2.Community Interests in the Law on State Responsibility
- 3.Countermeasures in the Name of Community Interests in State Practice
- 4.Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law
- 5.The Principle of Proportionality
Elena Katselli Proukaki is a Lecturer at Newcastle University, UK.
A History of Drugs
Drugs and Freedom in the Liberal Age
Author: Toby Seddon
Price: £85, $115.00 US
Publication Date: 7th December 2009
Publisher's Title Information
Why are some psychoactive substances regarded as 'dangerous drugs', to be controlled by the criminal law within a global prohibition regime, whilst others - from alcohol and tobacco, through to those we call 'medicines' - are seen and regulated very differently? A History of Drugs traces a genealogy of the construction and governance of the 'drug problem' over the past 200 years: calling into question some of the most fundamental ideas in this field: from 'addiction' to the very concept of 'drugs'. At the heart of the book is the claim that it was with the emergence in the late eighteenth century of modern liberal capitalism, with its distinctive emphasis on freedom, that our concerns about the consumption of some of these substances began to grow. And, indeed, notions of freedom, free will and responsibility remain central to the drug question today. Pursuing an innovative inter-disciplinary approach, A History of Drugs provides an informed and insightful account of the origins of contemporary drug policy. It will be essential reading for students and academics working in law, criminology, sociology, social policy, history and political science.
Table of Contents
- 1.Introduction: Drugs, freedom and liberalism
- 2.A Conceptual Map: Freedom, the 'will' and addiction
- 3.Opium, Regulation and Classical Liberalism: The Pharmacy Act 1868
- 4.Drugs, Prohibition and Welfarism: The Dangerous Drugs Act 1920
- 5.Drugs, Risk and Neo-liberalism: The Drugs Act 2005
- 6.Drugs as a Regulation and Governance Problem
- 7.Conclusions: Drugs and Freedom in the Liberal Age
Toby Seddon is Senior Research Fellow in the School of Law at the University of Manchester where he is also Director of the Regulation, Security and Justice Research Centre. He is author of Punishment and Madness (Routledge-Cavendish).
"Internet Law Book Reviews" Copyright Rob Jerrard 2010