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According to national surveys, every year approximately 20% of school-age students report bullying victimization. The risk of victimization is even higher for students with disabilities, particularly those whose disabilities are characterized by social–emotional or behavioral traits. To address public concern over bullying, states passed anti-bullying laws and schools implemented bullying prevention programs, with little effect on the frequency of bullying. Consequently, parents of students with disabilities increasingly filed lawsuits to address the harm caused by bullying. Previous research established an increasing trajectory for the frequency of these lawsuits, although the outcomes remained largely favorable to the district defendants. To determine whether these trends continue, this study examined bullying-related court decisions over a 2.5 year period to determine the frequency of cases and claim basis rulings, the representation of disability categories among student plaintiffs, and the outcomes distribution for the claim rulings and cases. The findings noted a continued increasing trajectory for the frequency of cases with an overrepresentation of plaintiffs with ADHD, mental health diagnoses, and autism. Most commonly cited legal bases were Section 504/ADA and negligence, with the overall outcomes distribution more parent plaintiff-favorable than the previous research. To prevent potential liability, educators should strengthen efforts to both comply with reporting and investigation requirements as well as establishing a school culture that accepts differences among students.

This chapter addresses the issue of arbitration in tourism from the perspective of litigation. International tourism requires two or more legal systems to solve a given problem, which creates great complexity. To diminish this effect, organizations have been encouraged to use arbitration instead of courts, and thus, it is necessary to measure its effect on them. The analysis used the Biplot methodology, a multivariate technique in the context of reduced dimensionality. The results obtained indicated that tourism demand and supply were willing to pay for arbitration, but the latter erroneously considered the former unwilling to pay. This chapter suggests that tourism companies can raise the price of their products to increase their profit.

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any other expression of such similar import, whereby party or parties, request an independent third person referred to as mediator or mediation service provider to assist them in their attempt to reach a peaceful settlement of a dispute. The peaceful settlement of any dispute to be initiated, processed, guided and moderated in the process of successful mediation before parties, needs mediator to have four major new skills such as witness-awareness, stillness-concentration, empathy-motivation and a pragmatic-sensibility for fulfilling the aims and outcomes of mediation. These four skills are deeply inward and psychological, which can be accessed and empowered by an exercise of deepening experience called spiritual in content and application. However, a crucial interchange of meaning and value that very often come into this situation between spirituality and psychology is an important one to be mentioned here. The two seemingly distant disciplines of experience, one of psychology and another of spirituality lies in the orientation that an individual and a collective give to life and world as a whole. When life and world are accepted in totality, spirituality can be life-affirmative and world-embracing giving us a direction to the individual psychological states of though-emotion-sensation-behaviour complex to embrace and enhance values of inclusion, harmony and development at the collective and universal level. These psychological states, both individual and collective, gradually open the vision and mission of values to live within and outside, to be and to become, and finally manifest a future world of stability, order, richness and growing perfection by solving challenges that come to our existence. It makes life both spiritual and earthly. This chapter demonstrates that this kind of spiritual meaning, value and experience entering into and operating through psychological capacities give mediator four major new skills for easing the process and purpose of mediation exercise. One, an objective awareness to witness the proceedings of the mediation calmly within the conscious cognition and without having any bias and fixed beliefs towards any issues of the parties. Two, a stillness with sensory concentration to avoid unnecessary reactions or agitations that human nature is prone to in taking sides on issues or become lop-sided in approach and consequently affecting mediation's outcome of peaceful settlement. Three, an empathy that animates and motivates parties to look for win-win situation for both as against the adversarial method currently present in the legal system where one party loses and another party gains grounds, which results in bitterness in parties' relationships, rights and obligations. Four, a pragmatic sensibility or practical responsibility by which costs or damages or injuries of all kinds such as social, economic, profit-loss ratio, psychological or organizational stress etc., can be pre-calculated, meaningfully distributed and harmonized between parties by the mediator. With millions of pending legal cases in the existing system of the courts of law that are supposedly designed to provide access to justice and, unfortunately have become fragile as a result of severe shortage of resources of all kinds to deal with sheer quantity and intricate complexity of issues in the disputes, applied spirituality in mediation can pave way for easy, flexible, quick, cost-effective and satisfactory justice to both sides of the parties when these four major new skills are developed through application of spiritual experience and experiments in the whole process of mediation. The author explains in this article the method of acquiring these four major new skills in experiential form in any mediation scenario and the rationale for infusing applied spirituality in mediation. Author also discusses the Indian situation of mediation in the light of new developments sought for enhancing the alternative dispute resolution. At the end, this chapter demonstrates the bigger picture that represent the need of spirituality using these four major new skills while mediating challenges of sustainable development. It will be shown in the end how spirituality, sustainability and mediation for settlements of disputes of sustainable development have something common, core and collective. This is the premise based on which the relationship between applied spirituality and mediation in overcoming the challenges of sustainability are expressed with the help of intuitive, inspirational, integrative and intelligent actions for a sustaining our future age, new humanity and harmonious space.

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

In the mid-2000s, the operator of New York City’s mass transit network committed more than a half-billion dollars to military contractor Lockheed Martin for a security technology capable, in part, of inferring threats based on analysis of data streams, of developing response strategies, and taking automated action toward alerts and calamities in light of evolving circumstances. The project was a failure. This chapter explores the conceptualization and development of this technology – rooted in cybernetics – and compares its conceptual underpinnings with some situated problems of awareness, communication, coordination, and action in emergencies as they unfold in one of the busiest transport systems in the world, the New York subway. The author shows how the technology, with all the theatrical trappings of a “legitimate” security solution, was apparently conceived without a grounded understanding of actual use-cases, and the degree to which the complex interactions which give rise to subway emergency can be anticipated in – and therefore managed through – a technological system. As a case-study, the chapter illustrates the pitfalls of deploying technology against problems which are not well-defined in the first place, to the neglect of investments against much more fundamental problems – such as inadequate communication systems, and unstable relationships with emergency response agencies – which might offer guaranteed benefits, and indeed lay a firm groundwork for future deployment of more ambitious technology.

Is more child participation always better for child rights advocacy? That is the question I examine, in this chapter, as I analyse advocacy for child rights in India that led to the adoption of the landmark Protection of Children from Sexual Offences Act, 2012 (the ‘POCSO Act’). Through ethnographic fieldwork with non-government organisations (NGOs) and a narrative analysis of interviews and awareness material, I tell the story of how a combination of adult-led but child-participatory advocacy brought about a new, de-tabooised way of talking about child sexual abuse. By applying the theoretical lens of ‘critical child rights studies’, I suggest how we can conceptualise a critical perspective on child participation in child rights advocacy. First, adults’ multiple and, at times, conflicting roles in children’s lives – as advocates, protectors, and abusers – needs to be recognised. Second, children should participate in advocacy activities where they can have meaningful influence and be part of the conversation. This may not necessarily occur in adult spaces, where their participation remains token. Finally, I argue that child participation should never turn into a responsibilisation of children.

Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.

This chapter tackles the tension between equity and excellence that critics often highlight in opposition of diversity initiatives and efforts in the higher education employment setting. We present several arguments that respond to the assumptions undergirding these criticisms, by drawing on prior research to emphasize that equity and excellence are not mutually exclusive. Furthermore, we present new evidence from a national sample of Black and Hispanic Engineering Faculty (BHEF) (n = 68) to argue that their racialized work experiences promote exclusive environments that serve to sustain their underrepresentation and marginalize their performance contributions. We conclude with a new direction for how to cultivate inclusive work environments in higher education.