Michael A. McCann (ed.)
The Oxford Handbook of American Sports Law explores the growing field of sports law in the United States. Through thirty articles by leading scholars, this book explains the essential components of sports law in the twenty-first century. Each article addresses a distinct sports law topic and informs the reader of critical interpretations, theories and practical applications. Legal topics covered in the book span the spectrum of those found in the sports world. They include traditional themes, such as labor and antitrust controversies in professional sports leagues, and contemporary ones, such as whether college athletes ought to be paid and how emerging technologies require rethinking of long-standing sports law conventions.
Richard Albert, Derek O’Brien, and Se-shauna Wheatle (eds)
The rise of comparative constitutional studies has made our world much smaller and more accessible than ever before. We are in an era of unprecedented interest in understanding and learning from others as individuals and institutions invest enormous amounts of time and resources into facilitating cross-national exchange and education in constitutional law. Yet some parts of the globe are still waiting to be discovered. With few exceptions, the Caribbean has remained understudied and underappreciated outside of the region itself. Not only on its own terms as a part of the larger world, but for how the lived experiences of the countries in the region can help illuminate new and productive approaches to challenges facing constitutional democracies across the globe. This book begins to fill the enormous void in our comparative knowledge of the constitutional systems of the world. The Caribbean is home not only to many different constitutional systems, but also to different traditions of constitutionalism, making it more appropriate to speak of the various Caribbean constitutionalisms. The book seeks to both inform readers about these traditions of constitutionalism and to illuminate their implications for constitutional adjudication, evolution, interpretation, and reform. What results is a rich diversity of historical and modern constitutional experience that puts an end, once and for all, to the conventional misunderstanding of Caribbean constitutions as being one and the same.
James G. Dwyer (ed.)
This volume of collected essays by many of the world’s leading scholars of child welfare and law combines thorough research on a comprehensive range of legal issues salient in children’s lives with the most sophisticated theoretical and policy analysis of the law, informed by the most current empirical research on child development and welfare. The book’s organization follows the life of a child, more or less, chronologically from pre-birth to adolescence and, correspondingly, a sequence of ever-widening social spheres, from the womb to family to society to the world. The topical range is great, encompassing assisted reproduction, protection of fetuses, parentage, child maltreatment, medical care, education, custody disputes, children’s privacy, delinquency, minimum age laws, and strategies for advocating for youths. There is also substantial geographic breadth; the authors of the volume’s chapters represent four continents and roughly a dozen countries. A unifying feature of the volume is that all chapters put children at the center of attention; the authors write about topics relating to children within their respective areas of expertise from a perspective that focuses first and foremost on how the law impacts children’s wellbeing and experience of life. This often produces unfamiliar, thought-provoking conclusions. The Handbook constitutes an invaluable reference as well as a stimulating course text.
Jonathan Todres and Shani M. King (eds)
Children’s rights law is a relatively young but rapidly developing discipline. The UN Convention on the Rights of the Child (CRC), the field’s core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children’s rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world’s population and every human being’s first stages of life. Now thirty years old, the CRC signaled a definitive shift in the way children are viewed and understood—from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children’s rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached the state in which more critical evaluation and assessment is needed of both the CRC and the large body of children’s rights law and policies that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children’s rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children’s rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children’s rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children’s rights law.
Ayelet Shachar, Rainer Bauböck, Irene Bloemraad, and Maarten Vink (eds)
Understanding the contemporary transformation of citizenship requires insights from many disciplines and perspectives. The Oxford Handbook of Citizenship brings together multidisciplinary and comparative contributions from legal academics, political scientists, sociologists, geographers, historians, and philosophers, to set a new agenda for both theoretical and practical explorations of citizenship. The main challenges and prospects in today's world of increased migration and globalization will be explored, and attention will also be given to new forms of membership and democratic participation beyond borders, as well as to the rise of European and multilevel citizenship-developments that are increasing the potential for citizenship to operate not only at the nation-state level, but also above and below it. The Handbook will be a major reference for those engaged with citizenship from a legal, political, and cultural perspective.
Michel Rosenfeld and András Sajó (eds)
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? What about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. This text examines the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions — from legislative reform to judicial interpretation, rights, and emerging trends.
Emma Lees and Jorge E. Viñuales (eds)
The study of environmental law has been relatively limited to date, with researchers either adopting a country-by-country approach or comparing a limited number of jurisdictions on some specific points, or, still, addressing a specific area or problem in detail without seeking to encompass environmental law as a whole. This book fills a gap in the disciplines of comparative law and environmental law by providing the first comprehensive analysis of comparative environmental law from an integrated perspective. In addition to the common approaches to the subject, the book also addresses the fundamental systems underpinning the diversity observed across countries as well as the interactions of environmental laws and instruments with their broader legal context. The former have received limited attention to date, while the latter are important not only because such interactions may heavily influence the effectiveness and resilience of environmental law but also because some non-environmental instruments may operate as extremely powerful vehicles of environmental protection. Combining commentaries by leading academics from around the world as well as observations by a new generation of scholars who have different perspectives on the questions being addressed, this book is a valuable resource for both academics and practitioners in the field.
Curtis A. Bradley (ed.)
This book ambitiously seeks to lay the groundwork for a new field of study and teaching known as “comparative foreign relations law.” Comparative foreign relations law compares and contrasts how nations, and also supranational entities such as the European Union, structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The book consists of forty-six chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, increasingly are confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well.
David Orentlicher and Tamara Hervey (eds)
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs.
Mathias Reimann and Reinhard Zimmermann (eds)
This second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. In the current era of globalization, this discipline is more relevant than ever, both on an academic and practical level. The book contains forty-eight essays, each of which provides an accessible, original, and critical account of comparative law in its respective area. Each essay also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I shows how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, Latin America, and the Islamic countries. Section II discusses the major approaches to comparative law—its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies over a range of subject matter areas, including the major categories of private, economic, public, and criminal law.