Oregon Law Review

Oregon Law Review
Author:
Publisher:
Total Pages: 412
Release: 1928
Genre: Electronic journals
ISBN:

Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.

Interpreting Discrimination Law Creatively

Interpreting Discrimination Law Creatively
Author: Alice Taylor
Publisher: Bloomsbury Publishing
Total Pages: 259
Release: 2023-08-24
Genre: Law
ISBN: 1509952934

This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.

The Routledge International Handbook of Religious Education

The Routledge International Handbook of Religious Education
Author: Derek Davis
Publisher: Routledge
Total Pages: 447
Release: 2013-02-01
Genre: Education
ISBN: 1136256423

How and what to teach about religion is controversial in every country. The Routledge International Handbook of Religious Education is the first book to comprehensively address the range of ways that major countries around the world teach religion in public and private educational institutions. It discusses how three models in particular seem to dominate the landscape. Countries with strong cultural traditions focused on a majority religion tend to adopt an "identification model," where instruction is provided only in the tenets of the majority religion, often to the detriment of other religions and their adherents. Countries with traditions that differentiate church and state tend to adopt a "separation model," thus either offering instruction in a wide range of religions, or in some cases teaching very little about religion, intentionally leaving it to religious institutions and the home setting to provide religious instruction. Still other countries attempt "managed pluralism," in which neither one, nor many, but rather a limited handful of major religious traditions are taught. Inevitably, there are countries which do not fit any of these dominant models and the range of methods touched upon in this book will surprise even the most enlightened reader. Religious instruction by educational institutions in 53 countries and regions of the world are explored by experts native to each country. These chapters discuss: Legal parameters in terms of subjective versus objective instruction in religion Constitutional, statutory, social and political contexts to religious approaches Distinctions between the kinds of instruction permitted in elementary and secondary schools versus what is allowed in institutions of higher learning. Regional assessments which provide a welcome overview and comparison. This comprehensive and authoritative volume will appeal to educators, scholars, religious leaders, politicians, and others interested in how religion and education interface around the world.

The Negotiable Constitution

The Negotiable Constitution
Author: Grégoire C. N. Webber
Publisher: Cambridge University Press
Total Pages: 241
Release: 2009-11-26
Genre: Law
ISBN: 1139483730

In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.

Cultural Expertise and Socio-Legal Studies

Cultural Expertise and Socio-Legal Studies
Author: Austin Sarat
Publisher: Emerald Group Publishing
Total Pages: 215
Release: 2019-02-28
Genre: Law
ISBN: 1787695158

In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum.

The Palgrave Encyclopedia of Global Security Studies

The Palgrave Encyclopedia of Global Security Studies
Author:
Publisher: Springer Nature
Total Pages: 1625
Release: 2023-02-15
Genre: Political Science
ISBN: 3319743198

This encyclopedia provides an authoritative guide intended for students of all levels of studies, offering multidisciplinary insight and analysis of over 500 headwords covering the main concepts of Security and Non-traditional Security, and their relation to other scholarly fields and aspects of real-world issues in the contemporary geopolitical world.

Environmental Justice in Developing Countries

Environmental Justice in Developing Countries
Author: Rhuks Ako
Publisher: Routledge
Total Pages: 168
Release: 2013-08-15
Genre: Business & Economics
ISBN: 1135956189

The evolving environmental justice paradigm is conceptualized differently based on political, economic and historical factors. In developed countries, emphasis is placed on the role of individuals in environmental decision-making and the protection of their access to the prerequisite environmental information and capacity to challenge environmental decisions is the main focus. However, in developing countries, access to land and natural resources are considered integral elements of environmental justice paradigm. This book focuses on the conceptualization, recognition and protection of environmental justice in developing countries. It explores the situation by engaging an analytical discourse of relevant legal provisions in four case study countries including Nigeria, South Africa, India and Papua New Guinea. The comparative analysis of environmental justice in these countries present a framework within which to appreciate the conceptualization of the environmental justice paradigm