Rewriting Children’s Rights Judgments

Rewriting Children’s Rights Judgments PDF

Author: Helen Stalford

Publisher: Bloomsbury Publishing

Published: 2017-11-02

Total Pages: 717

ISBN-13: 1782259260

DOWNLOAD EBOOK →

This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language. Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice. Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.

Diversity and European Human Rights

Diversity and European Human Rights PDF

Author: Eva Brems

Publisher: Cambridge University Press

Published: 2013

Total Pages: 499

ISBN-13: 1107026601

DOWNLOAD EBOOK →

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

Feminist Judgments: Reproductive Justice Rewritten

Feminist Judgments: Reproductive Justice Rewritten PDF

Author: Kimberly Mutcherson

Publisher: Cambridge University Press

Published: 2020-04-16

Total Pages: 407

ISBN-13: 1108425437

DOWNLOAD EBOOK →

Reproductive justice theory made real through re-imagining critical cases addressing pregnancy, parenting, and the law's treatment of marginalized women.

Feminist Judgments: Family Law Opinions Rewritten

Feminist Judgments: Family Law Opinions Rewritten PDF

Author: Rachel Rebouché

Publisher: Cambridge University Press

Published: 2020-06-25

Total Pages: 449

ISBN-13: 1108571522

DOWNLOAD EBOOK →

This book provides new, feminist perspectives on famous family law cases that span generations. The chapters take court decisions and rewrite them with feminist ideas in mind. Each rewritten opinion is penned by a leading scholar who relied only on materials available at the time of the original decision. The decisions address topics such as the criminalization of polygamy, intimate partner violence as a ground for asylum, the legality of gestational surrogacy, the rights of cohabitants, discrimination against transgender parents, immigration rules governing non-citizen parents, and child welfare and child support systems, among others. Each opinion is accompanied by a commentary that explains the original opinion as well as its contemporary relevance, and each commentary also is authored by a respected scholar. The combination of a rewritten opinion and its commentary provides an in-depth examination of the most important topics in family law.

Integrated Human Rights in Practice

Integrated Human Rights in Practice PDF

Author: Eva Brems

Publisher: Edward Elgar Publishing

Published: 2017-09-29

Total Pages: 552

ISBN-13: 178643380X

DOWNLOAD EBOOK →

This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.

Feminist Judgments

Feminist Judgments PDF

Author: Kathryn M. Stanchi

Publisher: Cambridge University Press

Published: 2016-08-02

Total Pages: 615

ISBN-13: 1107126622

DOWNLOAD EBOOK →

Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.

Indigenous Legal Judgments

Indigenous Legal Judgments PDF

Author: Nicole Watson

Publisher: Routledge

Published: 2021-06-27

Total Pages: 244

ISBN-13: 1000401243

DOWNLOAD EBOOK →

This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews. In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system. The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

DOWNLOAD EBOOK →

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Australian Feminist Judgments

Australian Feminist Judgments PDF

Author: Heather Douglas

Publisher: Bloomsbury Publishing

Published: 2014-11-20

Total Pages: 780

ISBN-13: 1782255419

DOWNLOAD EBOOK →

This book brings together feminist academics and lawyers to present an impressive collection of alternative judgments in a series of Australian legal cases. By re-imagining original legal decisions through a feminist lens, the collection explores the possibilities, limits and implications of feminist approaches to legal decision-making. Each case is accompanied by a brief commentary that places it in legal and historical context and explains what the feminist rewriting does differently to the original case. The cases not only cover topics of long-standing interest to feminist scholars – such as family law, sexual offences and discrimination law – but also areas which have had less attention, including Indigenous sovereignty, constitutional law, immigration, taxation and environmental law. The collection contributes a distinctly Australian perspective to the growing international literature investigating the role of feminist legal theory in judicial decision-making.