This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
'A landmark in the process of decolonizing imperial Western knowledge.' Walter Mignolo, Duke University To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
The difficulties in determining the quality of information on the Internet--in particular, the implications of wide access and questionable credibility for youth and learning. Today we have access to an almost inconceivably vast amount of information, from sources that are increasingly portable, accessible, and interactive. The Internet and the explosion of digital media content have made more information available from more sources to more people than at any other time in human history. This brings an infinite number of opportunities for learning, social connection, and entertainment. But at the same time, the origin of information, its quality, and its veracity are often difficult to assess. This volume addresses the issue of credibility--the objective and subjective components that make information believable--in the contemporary media environment. The contributors look particularly at youth audiences and experiences, considering the implications of wide access and the questionable credibility of information for youth and learning. They discuss such topics as the credibility of health information online, how to teach credibility assessment, and public policy solutions. Much research has been done on credibility and new media, but little of it focuses on users younger than college students. Digital Media, Youth, and Credibility fills this gap in the literature. Contributors Matthew S. Eastin, Gunther Eysenbach, Brian Hilligoss, Frances Jacobson Harris, R. David Lankes, Soo Young Rieh, S. Shyam Sundar, Fred W. Weingarten
The second issue in a new series, Global Financial Development Report 2014 takes a step back and re-examines financial inclusion from the perspective of new global datasets and new evidence. It builds on a critical mass of new research and operational work produced by World Bank Group staff as well as outside researchers and contributors.
Extreme weather and climate events, interacting with exposed and vulnerable human and natural systems, can lead to disasters. This Special Report explores the social as well as physical dimensions of weather- and climate-related disasters, considering opportunities for managing risks at local to international scales. SREX was approved and accepted by the Intergovernmental Panel on Climate Change (IPCC) on 18 November 2011 in Kampala, Uganda.
