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"Indigenous Justice in Oceania and North America" published on by Oxford University Press.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher.

While collective redress mechanisms continue to develop in much of Europe and in pockets around the world, the oldest class action regimes are undergoing reform. This contribution explores the state of reform in the first and second generation class action jurisdictions: the United States, Australia, Israel and Canada. Their respective class action procedures are outlined in Sect. 2. Section 3 discusses the reform initiatives of the past 3 years in each of the four countries. In Sect. 4, common areas of concern as well as areas of divergence are explored. Comparing and contrasting these reform efforts illustrates the evolution of class actions in these countries and provides useful insights for those studying and contributing to the development of newer collective redress systems.

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

This chapter examines the role of the judiciary, the Registry, and defence counsel at the International Criminal Court with a view to assessing whether defendants’ rights are adequately protected at the Court. Part I examines the critical role played by the judges of the Court as those ultimately responsible for safeguarding the fairness of all judicial proceedings. Part II considers the role of the Registry in protecting defendants’ rights. While potentially less apparent to those unfamiliar with the Court, the Registry plays an integral role in this task by, inter alia, facilitating the appointment of legal representation, managing the Court’s legal aid program, and managing the Court’s detention centre. Part III then reviews the structure and provision of defence counsel of the Court, including the guaranteed right to counsel, competency requirements for counsel, ethical obligations of defence counsel, the unique Office of the Public Counsel for Defence, and the Court’s legal aid regime. Finally, section IV assesses whether defendants’ rights are adequately protected. The Rome Statute, Rules of Procedure and Evidence, Regulations of the Court and the Registry, the Chambers Practice Manual, Code of Judicial Ethics, and Code of Professional Conduct for Counsel together define a comprehensive regime for protection of the rights of defendants at the Court. Many have lauded this as an improvement over prior courts and tribunals. Nonetheless, many critiques have been levied regarding insufficient resources for defence counsel and inadequate legal aid funding as well as institutional inequality between the defence and prosecution. Actual, robust implementation of this regime is critical for true equality of arms and full guarantee of defendants’ rights.

We live in a moment of renewed and highly visible action on the issue of sexual violence. Rape culture is a real and salient force that dominates campus climates and student experiences. Canada has drafted a national framework, provincial legislation, and institutional policy to address incidences of sexual violence, and students have demanded that their universities respond. Yet rape culture persists on campuses throughout North America. Violence Interrupted presents different ways of thinking about sexual violence. It draws together multiple disciplinary perspectives to synthesize new conceptual directions on the nature of the problem and the changes that are required to address it. Analyzing survey data, educational programs, participatory photography projects, interviews, autoethnography, legal case studies, and existing policy, contributors open up the conversation to illustrate sexual violence on campus as a structural, cultural, and complex social phenomenon. The diversity of methodologies sets this study apart: a problem as complex and far-reaching as rape culture must be approached from a multitude of angles. Decades have passed since student advocates first called for "no means no" campaigns, but universities are still struggling to evolve. Violence Interrupted answers the call by bridging the gap between advocacy, research, and institutional change.

The amendments to the Indian Act over the past forty-four years have done very little to assist First Nations women and their children in their fight to reclaim their identity and their connections to their ancestry. The Act, originally enacted in 1876, has had a few amendments since that time. In 1982, the Constitution Act of Canada was legislated and with it came the Charter of Rights and Freedoms so the federal government was designated to remove any discrimination in all of its legislation. This included the Indian Act. The amendments following were in 1985, commonly referred to as Bill C-31 as well as C-3 in 2011 and S-3 in 2017. These amendments have resulted in many heated and disturbing conflicts amongst First Nations people, including First Nations women and their children who have been directly affected by the sexually discriminating sections of the Act. This chapter provides a historical overview of the Act, its origins and its inherent racist and sexist policies. As well it discusses those amendments affecting First Nations women and her descendants, specifically the registration and membership provisions that continue to discriminate against First Nations Women and her descendants who are both male and female.

Using Palestine as its case study, this chapter posits that judicial trustworthiness represents an important ameliorating factor for transitional justice to take hold and that judicial education constitutes an ameliorating factor that can nurture judicial trustworthiness. Distinguishing trust, distrust and trustworthiness, we explain the importance of judicial institutional trustworthiness as an ameliorating factor. Drawing on literature that identifies institutional trustworthiness as a function of three features: ability, integrity and benevolence, we then explore how the Karamah model of judicial education helped build judicial institutional trustworthiness. Karamah was developed in Palestine and adopted dignity as its overarching theme. Working with an interdisciplinary and international team through Karamah, Palestinian judges invoked dignity as a legal principle, a statement of shared political values and an aspect of their professional identity. In the process, they articulated a framework for thinking about the ability, integrity and benevolence of the Palestinian judiciary. Finally, we chronicle the ways in which the Karamah model of judicial education impacted the judiciary and the judiciary system in Palestine. We end with a note of caution: if rule of law programming, judicial reform and judicial education are substituted for transitional justice measures, conflicts can become even more intractable.