New Books: All New Books

At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems.The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus.Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted--a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented.Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.

In this deeply researched and powerfully written exposé, Mike Steve Collins pulls back the curtain on the networks of power and influence that are pulling the strings to undo progress toward a more just and equitable society. The efforts of this anti-civil rights movement, as Collins calls it, most recently came to a head on June 23, 2023, when the US Supreme Court effectively ended affirmative action in higher education and opened the door to even more regressive policies, laws, and bans. The ruling was the fulfillment of a decades-long battle by right-wing activists and their networks to divide the country. As Collins sees it, American society is trapped in a style of thinking and decision-making that makes bad choices seem rational. Called a prisoner's dilemma by game theorists and a hermeneutic trap by Collins, this way of thinking has led to policy choices that make everyone worse off, in part by creating hostility between communities that could productively work together and form powerful coalitions. The work of the anti-civil rights movement, led by figures such as Edward Blum and Christopher Rufo, has repeatedly found ways to undermine the shared interests of the American people by splitting coalitions and pitting marginalized groups against each other even while claiming and perhaps feeling the highest of motives. From racial segregation in the 1960s to the modern boogeyman of critical race theory, conservative elites have wielded cultural and political wedges to expand their power to set the political, educational, and legal agenda. Affirmative action has long been a weapon of choice in conservatives' arsenal against social progress, and few have leveraged it as successfully--and detrimentally--as Edward Blum. In 2014, the year after he helped gut the affirmative action aspect of the Voting Rights Act in Shelby County v. Holder, Blum created Students for Fair Admissions and brought a suit against Harvard University for discriminating against Asian Americans. A decade later, this latest effort in a long string of traps and dilemmas became the Supreme Court case that upended affirmative action. Collins's groundbreaking work is a field guide to the personalities, funding, and dilemmas that characterize the ongoing war between the civil rights movement and the anti-civil rights movement--between the forces represented by figures such as Thurgood Marshall, a hero of the civil rights movement, and his replacement on the Supreme Court, Clarence Thomas, a hero of the anti-civil rights movement. This book will help readers better understand the battles that have been fought in the past, where the next fight might take place, and what will be necessary in order to win.

In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that "information wants to be free," significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets. Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies.

This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.

The Case for Eyewitness Identification Reform is divided into five chapters. Chapter 1 lays out the existing eyewitness identification practice in most jurisdictions. Chapter 2 sets forth the law governing eyewitness identification admissibility, as embodied primarily by Manson v. Brathwaite, and how juries are instructed regarding eyewitness identification evidence that is admitted at trial, as embodied primarily by Telfaire v. United States. Chapter 3 lays out what we currently know about memory and perception, insofar as they relate to eyewitness identification. Chapter 4 examines criticisms of Manson and Telfaire, in light of what we know about perception and memory, and outlines past attempts at reforming this body of doctrine to achieve strong deterrence and reduce the number of wrongful convictions. Chapter 5 sets forth the system and estimator variables and makes the case for three-pronged approach to reform outlined above: i.e., barring identification evidence that is either (1) obtained by suggestive means taking into account all system variables or (2) whose probative value does not substantially outweigh its prejudice when taking into account both system and estimator variables, and further (3) instructing juries to consider both system and estimator variables, insofar as they are implicated by the evidence.

Reveals how corporate greed led to scandal, corruption, and the January 6th insurrection--and how we can stop it from happening again Donald Trump's false claims of election fraud and the violence of the Capitol riot have made it unavoidably clear that the future of American democracy is in peril. Unseen political actors and untraceable dark money influence our elections, while anti-democratic rhetoric threatens a tilt towards authoritarianism. In Corporatocracy, Ciara Torres-Spelliscy reveals the role corporations play in this dire state of political affairs, and explains why and how they should be held accountable by the courts, their shareholders, and citizens themselves. Drawing on key Supreme Court cases, Torres-Spelliscy explores how corporations have, more often than not, been on the wrong side of history by working to undermine democratic norms, practices, and laws. From bankrolling regressive politicians to funding ghost candidates with dark money, she shows us how corporations subvert the will of the American people, and how courts struggle to hold them and corrupt politicians accountable. Corporations have existed far longer than democracies have. If voters, consumers, and investors are not careful, corporations may well outlive democracy. Corporatocracy brings all of these shadowy tactics to light and offers meaningful legal reforms that can strengthen and protect American democracy.

This title analyzes the law governing all major steps in the criminal justice process, beginning with investigation and ending with post-appeal collateral attacks. The coverage is comprehensive, including federal and state statutes and court rules and descriptions of practice as well as constitutional limitations, with an emphasis upon those issues deemed most significant in the case law and literature. Because of their special importance, leading Supreme Court opinions are given in-depth treatment. All Hornbook sections are cross-referenced to comparable sections of the authors' 7-volume Criminal Procedure treatise (readily available on Westlaw database CRIMPROC) containing more detailed analysis and citations to additional supporting authorities.

This compact reference gives a big picture overview of the intellectual property, contract, publicity, estate planning, and First Amendment issues that contribute to the field of entertainment law. Professor Burr also addresses specific legal issues that arise in the film, music, television, and videogame industries, including the potential impact of AI: Artificial Intelligence on creative output. This Nutshell is ideal as a secondary text to accompany any entertainment law casebook, as the primary text for a seminar, or as background information for someone requiring an overview.

Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

A vital resource for all lawyers, this book is a collection of published ethics opinions from the American Bar Association Standing Committee on Ethics and Professional Responsibility issued from 2013-2023. Founded in 1908, the ABA's Ethics Committee has focused its efforts on the development of model national ethics standards for lawyers and the judiciary. Since 1922 the committee has issued Formal Ethics Opinions interpreting and applying those standards. This collection contains 47 opinions (462-508) and includes discussion of the application of the Model Rules of Professional Conduct in regard to a variety of topics.

Lerong Lu examines the biggest change in modern financial industry - the Fintech (financial technology) revolution - that denotes the close interaction between the financial services industry and latest information technologies such as big data, cloud computing, blockchain, and artificial intelligence. The three areas of banking institutions, online lending marketplaces, and money and payment systems are explored to assess how financial innovations affect the traditional financial industry, what kinds of regulatory challenges arise, and how global policymakers react to such challenges. With in-depth and international case studies on Fintech, including app-based banking services, mobile payments, P2P lending, and cryptocurrencies, the global Fintech hubs in six continents are assessed. The complex, dynamic, and multidimensional Fintech ecosystem is also investigated including its key players (such as regulatory strategy, regulatory sandbox, and RegTech) and Fintech corporations (including financial holding companies, Fintech unicorns, BigTech firms, and Metaverse platforms). Lu highlights the enormous benefits for financial institutions and their consumers and argues that Fintech contributes to a more equal, democratic, inclusive, and sustainable financial system. However, he also considers the risks and multiple legal, ethical, and regulatory challenges for policy-makers and financial authorities that Fintech has posed.

"Most of what makes a lawyer a star involves smart choices, hard work, and the ability to relate to people. You also need skills to succeed in a law firm that you probably did not learn in law school. You can develop those skills, and this book can help you." So says James J. McDonald, Jr., author of How to Be a Star Associate: A Guide to Excelling in Your Early Legal Career. Applying lessons learned during his forty years of law practice, and from hiring, training and mentoring dozens of lawyers, McDonald shows new lawyers and lawyers-to-be how to survive and thrive in today's larger law firms. From picking the right firm, to getting the job, to learning the craft of practicing law, to finding the right mentors, to learning how to write persuasively, to going to court, to managing the workload to stay busy without becoming overwhelmed, this book covers all of the basics of law firm associate life. It also shows lawyers how to provide five-star client service in a two-and-a-half-star world, how to hone their client development skills in the "internal marketplace" in their law firm, and how to be thinking about business development from day one. This book provides a practical guide for lawyers who hope someday to become successful partners in their law firms.

An essential primer on impeachment for today's divided public square We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today's partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy. Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power. Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.

This book aims to provide readers with an overview of the rules of evidence within the International Criminal Court (ICC) and offers guidance for both prosecution and defense counsel. It emphasizes the pivotal role of defense counsel in shaping case law, particularly concerning the admissibility of documentary and forensic evidence, in a system still evolving. Drawing from academic research and practical experience, the book provides practical inside-information for defense counsel on evidence.

This book has two parts. The first part begins by addressing why leadership development and training are essential in preparing lawyers for the roles and responsibilities they will have in their careers. The following six chapters describe The Five Practices of Exemplary Leadership®, providing qualitative and quantitative evidence of how these leadership practices improve personal and organizational productivity and stature. This operational system for leadership forms an accessible and practical basis for learning to lead and becoming the best leader you can be. The five chapters in the second part address the context in which lawyers exercise leadership. For example, thinking about leading in client relationships, in internal relationships (such as within the law firm or corporate legal office), and public roles. Examined are vital issues regarding client development ethics, effective decision-making, building emotional intelligence, diversity, equity and inclusion, and handling conflicts and adversity. In the Afterword, we focus on developing and adopting a leadership development mindset necessary for leading in challenging times. We also offer perspectives on how to be a lawyer leader who positively impacts the legal profession and the world.

Anticolonial movements of the twentieth century generated ambitious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task. In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. The book traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions - parliament, judiciary, rights, property - were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a critical account of the making of the postcolonial constitutional order, it offers keys to understanding the present crisis of that order, including and especially in India.

Covering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application. Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation. Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.

The Covid-19 pandemic, the significant expansion of the Chinese investment abroad, and recent geo-political tensions have all served to strengthen national security considerations in merger control and foreign direct investment (FDI) processes. Against this backdrop, Merger Control, National Security, and Foreign Direct Investment Screening: A Comparative Perspective provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment, and competition policy in an increasingly interconnected global economy. Central to the book's analysis is the exploration of FDI screening mechanisms from a national security perspective as they apply to Merger and Acquisition (MandA) transactions. Spanning a wide array of jurisdictions, industries, and policy contexts, including case studies from major economies such as the European Union, the United Kingdom, the United States, and China, the book examines how lawmakers navigate protecting their strategic sectors while promoting a welcoming environment for investors. It also showcases how competition authorities grapple with incorporating broader societal goals and national security concerns into merger control assessments. Merger Control, National Security, and Foreign Direct Investment Screening scrutinizes the challenges of balancing these objectives while maintaining the integrity of competition law principles and avoiding undue political influence. It offers a thought-provoking and timely guide for policymakers, practitioners, scholars, and stakeholders seeking to navigate the intricacies of global economic interdependence without dismissing national interests.

Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.

Public Health Law in a Nutshell, 5th Edition provides a core assessment of the critical role of law in America to protect communal health. As examined throughout the text, the field of public health law encompasses constitutional powers, legislative authorities, and extensive regulations in promotion of public health and safety. It also features legally-supported efforts contravening these objectives, leading to underlying tensions and difficult balances. The 5th Edition of the Nutshell addresses public health law issues, broadly defined, within a modern framework undergirding law as a premier tool for improving health outcomes. Updated to reflect key developments through July 2024, the Nutshell's 12 chapters and 150+ graphics, illustrations, and figures examine definitive legal issues and core public health powers to prevent and control communicable and chronic conditions, as well as limit avoidable injuries and deaths. Legal routes and options countering other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products, are also explored. Later chapters of the Nutshell focus on key legal issues related to public health information surveillance and privacy, commercial speech regulation, the built environment, and emergency legal preparedness and response. Chapter 12 centers on the dynamic legal and policy issues implicated during the multi-year COVID-19 pandemic. A "nutshell like no other," this edition is a go-to resource for legal or public health practitioners, law- and policy-makers, regulators, judges, and college or graduate students in schools of law, public health, medicine, or other disciplines seeking to comprehend these issues as part of their coursework or research interests.

We often hear that there is no way out of the modern economic and political tensions that fall along geographic lines. The media regularly declares that rural America is dying and that rural voters are driven only by anger. This narrative of hopelessness centers on the role that markets have played in abandoning rural regions and populations. In Reviving Rural America, Ann M. Eisenberg analyzes our society's laws and policies' role in the urban/rural divide to make the case for hope. She demonstrates how law and policy, as well as decision-makers acting on their own subjective values, have contributed to modern rural challenges. Each chapter debunks a common myth about rural people, places, and policies, helping reveal how we got to where we are now. Ultimately calling for our laws and policies to steward rural America holistically, as a collective resource for all, this book envisions an alternative, more resilient and more just future.

This book examines the practice of risk allocation in the offshore energy industry through the public policy lens and offers a novel perspective on the concept of gross negligence in risk allocation. This perspective is founded on the proportionality element of distributive justice in burden distribution. The assessment of how mutual indemnity clauses apply as an absolute shield against liability arising from gross negligence reveals that moral hazard can result from the practice. In the analysis, this book considers the risk allocation practice in PSC and Concession regimes and how parties' liability is determined in drilling contracts. This book considers gross negligence a sui generis risk and provides a definitional pathway for determining when gross negligence occurs and how it should apply to offshore drilling contracts. Thus, it advances an environmental sustainability approach to offshore petroleum drilling operations. This book will be useful to operators and contractors, resource-rich countries, insurance companies, practitioners, scholars, and academics interested in risk allocation in the petroleum industry.

National Bestseller "A powerful and important picture of how mega law firms distort justice."--David Cay Johnston, Washington Post The NYT's Business Investigations Editor reveals the dark side of American law: Delivering a "devastating" (Carol Leonnig) exposé of the astonishing yet shadowy power wielded by the world's largest law firms, David Enrich traces how one firm shielded opioid makers, gun companies, big tobacco, Russian oligarchs, Fox News, the Catholic Church, and much of the Fortune 500; helped Donald Trump get elected, govern, and evade investigation; masterminded the conservative remaking of the courts . . . and make a killing along the way. In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades. Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election. But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.

Trade Secret Law is the first and only book in the Nutshell series to cover trade secret law in depth. It was written as a companion to Cases and Materials on Trade Secret Law by Rowe and Sandeen (the first casebook on trade secret law), but adds more practical advice. Thus, it is a useful resource for attorneys and law students alike. It could be a supplement to a course on trade secret law or an IP survey course that covers trade secret law, as most now do. Like the casebook, it focuses on the predominate state law governing trade secrets in the U.S.: The Uniform Trade Secrets Act (now applicable in 49 of 50 states), as well as the federal Defend Trade Secrets Act of 2016 (DTSA). This Nutshell addresses both international and criminal enforcement of trade secret rights. The Third Edition has been expanded and includes significant legal, legislative, and administrative developments, as well as recent cases applying and interpreting the DTSA.

No lawyer or business operating in North America can escape the significance of the USMCA. This Nutshell introduces students, lawyers, government officials, and businesspersons to the law and economics of North American free trade. It first examines the basic question: Why trade at all? The origins, rules, operation, and impact of the Canada-U.S. FTA (1989) and the NAFTA (1994), USMCA's influential predecessors, follow. Notable trade, intellectual property and foreign investment developments under the 2020 USMCA agreement, and their impacts upon business, are specifically explored. In preparing this Nutshell, we have attempted to address the interests not only of North Americans, but also the many persons and businesses located outside the region who seek to take advantage of the USMCA.

Biosimilars Litigation and Client Counseling is a guide to the field of biologic products and biosimilars, as well as the laws governing them - most notably the Biologics Price Competition and Innovation Act. This guide is instructive to patent attorneys practicing in this field, judges that are assigned cases involving these products and related patents, and managers of pharmaceutical companies that design biologic or biosimilar products or are considering entering this market. It describes the statutory and regulatory framework for applying for and receiving a biologic and biosimilar application, and it provides an in-depth analysis of the legal processes and challenges that come with it. Legal counsel will find practice strategies and tips from the country's top litigators that provide valuable insight into this developing area of law. This includes guidance on what the biosimilar application process looks like, how to navigate certain questions and pitfalls that are likely to arise during the litigation process, and how to best serve a client that is involved with biologics. Judges will appreciate this book as a quick reference to the Biologics Price Competition and Innovation Act which will likely be governing the lawsuit related to biologics that is before them. This includes a walkthrough of typical litigation and summary of the relevant statutes and regulations that will be involved. Judges will also have a guide to the common disputes that arise in these cases and an understanding of how they have been decided. Managers or other decision-making members of a pharmaceutical company will also enjoy this book as a reference when strategizing a patent portfolio or what to consider when designing a biosimilar product, as well as benefiting from the deeper understanding of the legal process that this book provides.

Children's Rights, 'Foreign Fighters', Counter-Terrorismemphasises the vulnerability of children in situations of war, conflict and radicalisation. Presenting innovative interdisciplinary work in the field, this book highlights how an increasingly high number of returning foreign fighters - and by proxy their children - are being refused re-entry to their country of primary citizenship, leading to a significant number of children trapped in conflict regions. Incorporating data from a broad range of scholarship and empirical sources, the authors outline linkages between counter-terrorism knowledge, policy, and practice, as well as child rights and counter-terrorism law. They argue that to foster the growth and development of children it is imperative to remove all stains of criminality and support their repatriation. Exploring issues of nationality rights and statelessness, the chapters examine the cancellation of citizenship as a strategy of preventative counter-terrorism, while dissecting relevant cases across Asia, Australia, Europe and North America. This cutting-edge book is essential for academics in human rights, terrorism and security law, humanitarian law, public law, international child law, family law, and migration and citizenship. Its comparative and international coverage of child rights and counter-terror measures will also benefit national security and human rights practitioners.

The book is a comparative study of the national security review of foreign investment laws in China and the US. The author establishes a theoretical framework to explain the dominant role of ideas on national security and foreign investment rooted in China and the US, as well as the oriented role of China-US investment interaction. She concludes that it is difficult for China and the US to reach a consensus on national security review due to their different internal ideas on national security and foreign investment. By comparing the similarities and differences in the development of national security review in China and the US, she also proposes a feasible approach to facilitate bilateral investment practices. The book will attract scholars of international economic law, investment law, and Sino-US relations.

Bringing climate security and climate justice into dialogue, this topical book uses the Sahel as a case study to discuss the contrast between these two approaches and how they tend to lack an engagement with social, historical and political contexts. Tor A. Benjaminsen introduces the international debate on climate security, with a particular focus on Mali as a 'hub' country of the current security crisis in the Western Sahel. Providing a critique of simplistic narratives, he develops the idea of 'recognition' as a neglected aspect of justice in the literature on the Sahel, as well as in policy and media debates. Chapters cover topics including colonization, desertification and forest governance; pastoralism, moral economies of resistance and Jihadism; materialist political ecology; and green transformation, afforestation, land dispossession and context. The book ultimately demonstrates how issues of climate justice across Africa are embedded in the politics of social transformation towards low-carbon societies in rich countries. This book is an invaluable resource for students and scholars of climate justice and climate change, peace and security studies, environmental and development studies, geography and political ecology. Its practical implications are vital to environmental policymakers, NGO employees and climate activists worldwide.

In the legal profession, the pursuit of justice often comes at a cost - a toll on the mental health and well-being of lawyers. Burnout, depression, and elevated rates of anxiety are critical issues affecting the legal community. This book explains why this is happening and what lawyers can do to manage the stress and anxiety which is endemic in the legal profession. This book offers a holistic approach to a solution for lawyers. Every lawyer is different and there is no "one size fits all" solution. In addressing a mental, emotional, physical, and spiritual approach, every lawyer can find what works for them. By focusing on neurological causes and solutions, lawyers are given tools that have been reserved for mental health professionals. This is a system that was designed for attorneys; however, it has been successfully applied in many different professions. This book serves as a wake-up call to the legal profession, shedding light on the concerning rates of burnout, depression, anxiety, and suicidal thoughts among lawyers. By understanding the real causes, implementing strategies for a healthier work environment, cultivating resilience, seeking support, and advocating for change, we can transform the legal profession into a more compassionate, supportive, and mentally healthy community. This book suggests that attorneys must do more than just change their behavior, they must change their minds. It is imperative for lawyers to understand that the mental and emotional health issues they face are not the result of weakness or failure. It is the result of poor training. This book provides the training they need to shift their perspective of the challenges of practicing law. While Covid was a catalyst for stress, anxiety, and burnout, it also has highlighted the need for change. This book provides that change.

Like many concepts in international law, the definition of "necessity" varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai W. Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.

In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world. Covering both the formation and renegotiation stage of a contract's life, Consideration in Contract Lawprovides an overview of the history of the doctrine of consideration, as well as the related civil law doctrine of causa promissionis. Chapters review their core principles, and investigate how gifts can be distinguished from legal promises. Combining theoretical work with legal analysis, they set out how consideration can vary, for example through the existing legal duty rule and the practical benefit principle. The book also examines unique and novel forms of consideration, inspecting the legal sufficiency of natural love and affection, cryptocurrency, virtual property and lucky charms. Providing crucial guidance on the purpose and influence of the doctrine of consideration, this book is an essential read for students and scholars of private law and contract law. It is also a valuable resource for judges and commercial lawyers seeking to understand and resolve consideration problems.

In 2014 Sonja Trom Eayrs's parents filed the first of three lawsuits against Dodge County officials and their neighbors, one of the few avenues available to them to challenge installation of a corporate factory farm near their intergenerational family farm in Dodge County, Minnesota. For years they'd witnessed the now widely known devastation wrought by industrial hog operations--inhumane treatment of animals and people, pollution, the threat of cancer clusters, and more. They'd had enough. They also deeply understood an effect of Big Ag rarely discussed in mainstream media--the hollowing-out of their lifelong farming community and economy in service of the corporate bottom line. In a compelling firsthand account of one family's efforts to stand against corporate takeover, Dodge County, Incorporated tells a story of corporate malfeasance. Starting with the late 1800s, when her Norwegian great-grandfather immigrated to Dodge County, Trom Eayrs tracks the changes to farming over the years that ultimately gave rise to the disembodied corporate control of today's food system. Trom Eayrs argues that far from being an essential or inextricable part of American life, corporatism can and should be fought and curbed, not only for the sake of land, labor, and water but for democracy itself.  

Farber's Environmental Law in a Nutshell provides an up-to-date foundation for understanding environmental law. Expert text includes coverage of the full range of environmental issues, from climate change and air pollution, to waste disposal and wetlands. Surveys the many statutory and common-law regulations shaping the world in which we live.

With 27 countries and nearly 450 million people, the European Union (EU) is a unique intergovernmental organization. It has one of the world's largest economies that depends on an internal market with vigorous competition. This book outlines basic principles of EU law including the its history, its institutions, the sources of its law, and the operation of the internal market. It provides an in-depth study of the treaty articles, Court of Justice jurisprudence and secondary legislation that governs competition (antitrust) law.

This Nutshell covers the history and growth of the European Union including BREXIT and Beyond. The EU's legislative procedures, litigating EU law, and the jurisprudence of the European Court of Justice are explored and explained. Free movement of goods, services, people (including mass migration), capital and technology, the EURO in crisis, and extensive internal Union policies are detailed. This Nutshell also examines EU international trade, foreign investment, and business competition (antitrust) law. New coverage includes the EU Artificial Intelligence Act, the EU Digital Services and Digital Markets Acts, the recent U.S.-EU Data Privacy Framework Agreement, BREXIT's measurable impacts, and EU defense responses to Russia's invasion of Ukraine, particularly regarding NATO.

Nearly all of the aspects of federal antitrust policy are covered in this treatise. And it's written so you don't need a background in economics to understand it. Expert narration states the "black letter" law and presents policy arguments for alternatives. Text also includes an analysis of recent Supreme Court and lower-court decisions.

CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF. Those words, scratched on parchment in 1789, open the U.S. Constitution's First Amendment. From them, countless interpretations have been drawn. As a consequence, an astonishing variety of activities in modern America-prayer after football games, Bible reading in classrooms, company healthcare policies, the baking of wedding cakes, and Ten Commandment displays around courthouses-have been alternately authorized, prohibited, or modified. In this compelling historical account, Chris Beneke explains how the religion clauses came into existence and how they were woven into American culture. He brings prominent early national figures to life, including George Washington, James Madison, and Thomas Paine, while chronicling the First Amendment's relationship to defining social conditions like slavery, civility, family life, and the free market. Beneke probes what kind of nation America was when the religion clauses were framed and what kind of nation it was becoming. Going beyond traditional church-state scholarship, Beneke also demonstrates how white women, African Americans, Roman Catholics, Jews, and nonbelievers widened religious liberty's application and illuminated its boundaries. In doing so he makes a groundbreaking contribution to both constitutional history and the history of American pluralism.

Two leading feminist lawyers reflect on gender in international law to set out what a gendered peace might look like and its impact on international law in this open access book. In order to challenge orthodoxies, the book takes an unconventional approach, merging personal reflections, expert essays, and interviews. It throws the disciplinary net wide, drawing on international law, gender studies, international relations and history. The authors, undisputed global leaders in the field, challenge the reader to unlearn international law, in order to relearn it in a way that makes it more fit for purpose in the contemporary world. This seminal work is a clarion call to think about international law in a new and transformative way. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the London School of Economics & Political Science. For additional material on Gendered Peace Through International Law visit https://www.bloomsburyonlineresources.com/gendered-peace-through-international-law

This book applies a contract-governance theory to the implementation of decarbonisation objectives in the international maritime sector. In doing so, it provides an overview of how the network of contractual relationships that characterise commercial shipping can become effective sites of collaboration between shipping actors to improve upon energy efficiency and CO2 reduction. To achieve this aim, the book investigates and develops a set of contractual tools that can enable private actors to strengthen their commitments to net-zero targets (whether state-mandated or voluntary) and develop cooperative norms to guide decision-making and contractual interpretation. These mechanisms include contractual clauses and drafting considerations which can secure a desired outcome for contractual performance, thereby managing climate risks and providing adequate remedy where such risks materialise. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for a deeper integration of green principles into private relationships.

This open access book unveils Hong Kong's pivotal role in the realm of international economic law. Unique to this book is its focus on the interplay between Hong Kong's historical roots and institutional contexts, integrated into its exploration of unilateral, bilateral, and multilateral economic approaches. What sets this book apart is its in-depth treatment of Hong Kong's distinct position as China's Special Administrative Region. It showcases the balance the territory maintains: the autonomy it enjoys, its own robust legal and economic systems, all while being intertwined with broader global interests. Hong Kong's position as China's economic gateway, coupled with its adaptability amidst technological evolutions and international tensions, positions it uniquely in the global economic arena. With the Asia-Pacific economy's rapid evolution and the Greater Bay Area's development, Hong Kong's role is illuminated as increasingly pivotal. This book exposes challenges confronting Hong Kong, from political changes to the ramifications of the National Security Law, while emphasising its continued relevance and growing influence. As Hong Kong threads its path in a globalised world, its prowess in international economic law remains a cornerstone of its identity. Will the territory sustain its prominence amidst evolving challenges and global shifts? The answers lie within, and further research awaits as we track its unfolding narrative. Specifically tailored for academics, diplomats, and researchers in international law, relations, economics and finance, this book offers a vital perspective. Anyone with a vested interest in international economic law and policy will find this comprehensive exploration invaluable. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

More than half the population will experience menopause; it is time for the law to acknowledge it. Menopause is a stage of life that half the population will inevitably experience. But it remains one of the last great taboo topics for discussion, even among close friends and family members. Silence and stigmas around many aspects of reproductive health--from menstruation to infertility to miscarriage to abortion--have historically created the conditions in which bias and discrimination can flourish. Menopause exemplifies that phenomenon, and in Hot Flash, authors Emily Gold Waldman, Bridget Crawford, and Naomi Cahn set out to replace the silence surrounding menopause with a deeper understanding. Hot Flash explores the culturally specific stereotypes that surround menopause as well as how menopause is treated in law and medicine. The book contextualizes menopause as one of several stages in a person's reproductive life. Taking U.S. law regarding pregnancy and breastfeeding as an entry point, the authors suggest changes in existing legislation and workplace policies that would incorporate menopause as well. More broadly, they push us to imagine how law can support a more equitable future. A broader framework further enables the authors to explore menopause discrimination as it is experienced by trans men and gender nonbinary people. They ultimately make the case for a new wave of intersectional feminism that encompasses gender, disability, age, and race.

This book explores the metamorphosis of fundamental social interactions and communal experiences, fuelled by technologies such as artificial intelligence, immersive online environments, augmented reality, blockchain, crypto and FinTech. It examines the competitors, regulators and governments who are locked in a struggle to control the economic and social future shaped by these technologies. Jon M. Garon tracks the evolution of the internet, video games, AI and emerging technologies as they converge into the transformative communications and commercial platform now known as the metaverse. He explains how each transformation in media influences and reshapes culture, and proposes ways in which metaverse platforms could operate in the public sphere. The book also discusses the efforts of governments across China, Europe and the United States to regulate the multinational companies responsible for these technologies, as well as comparing the conflicting views among states on what the metaverse should be. Providing practical guidance on the adoption of regulations in employment and educational settings, this book is essential reading for students, scholars and practitioners of antitrust and competition law, cyberspace law, finance and banking law, internet studies, and regulation and governance.

Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.

This book addresses the regulation of hybrid warfare under relevant branches of international law, beginning with the law on inter-state use of force (jus ad bellum). Firstly, the book assesses the extent to which forms of hybrid warfare comply with or violate international humanitarian law/the law of armed conflict. It then looks at law enforcement action in response to hybrid warfare, both on land and on the high seas, and addresses hybrid warfare from the perspective of international counterterrorism law. It goes on to tackle the constraints applied to hybrid warfare under international human rights law, and looks at how hybrid warfare could be constrained under disarmament law. The final two chapters look at accountability for the conduct of hybrid warfare, concluding with the question: can we move towards a less fragmented set of international legal rules that will govern hybrid warfare in the future?

The use of image-based evidence in international criminal prosecutions is at a tipping point. In his pioneering book on the topic, Jonathan W. Hak, KC provides critical insight into the authentication and interpretation of images, setting out how images can be effectively used in the search for the truth. While images can convey vital information more efficiently and effectively than words alone, the biases of photographers, the use of image-altering technology, and the generation of images with artificial intelligence can lead to mischief and injustice. In this context, images must be effectively authenticated and interpreted to establish their true meaning. Addressing the growing need for visual literacy, Jonathan W. Hak's Image-Based Evidence in International Criminal Prosecutions systematically explores the value of images as probative and didactic evidence in international criminal law. It analyses existing challenges in the creation, acquisition, processing, and use of image-based evidence, making recommendations for how those challenges might be addressed. In particular, the book investigates emerging technical frontiers in image-based evidence and the potential uses for advanced visual representations like virtual reality, immersive virtual environments, and augmented reality. Ultimately, the book argues that advanced visual representations may have sufficient probative value and proposes cautious parameters for their application in the international courtroom. An essential resource for anyone working with image-based evidence, the book offers significant guidance, relevant legal and technical detail, and recommendations for the use of image-based evidence in investigations and the courtroom.

The global nature and seriousness of the threats to biodiversity have created a pressing need for international law. In 1992, under the aegis of the United Nations, States adopted the Convention on Biological Diversity. Numerous sectoral and/or regional conventions coexist alongside it, as well as a body of customary rules. The study of international biodiversity law also leads us to go beyond the issues of protection and preservation, to address the questions raised by the use and exploitation of biodiversity. In this respect, international biodiversity law interacts, and sometimes conflicts, with other rules of international law. The ambition of this book is not to offer an exhaustive presentation of an abundant but still scattered body of law, but rather to contribute to its conceptualization. International biodiversity law is also an excellent laboratory for studying current developments in contemporary international law, notably the institutionalization of cooperation, the development of secondary law, the articulation between customary and conventional rules, and innovative mechanisms for monitoring and assisting States.

The increasingly commercial nature of space activities and the intent of States to expand space travel have spawned renewed attempts of changing the foundations of space law, most of which originated in the twentieth century. Understanding the principles of international space law is essential for ensuring a sustainable future for all in outer space.International Space Law in the New Space Era addresses the international legal and regulatory aspects of outer space that govern developments in the field worldwide. It covers the five United Nations' space treaties along with soft law and other policies. With contributions from established experts in the domain of space law, the volume encompasses the entire gamut of international space law while simultaneously addressing inadequacies that have arisen in light of current developments such as space commercialization, space tourism, and space mining. Space law as an academic discipline is gaining prominence in law schools across the globe and this book is the result of a joint endeavour of two prominent Indian law universities (NUJS, Kolkata and MNLU, Mumbai), which have specialized centres in air and space laws. With its balanced mix of theory and practice, this book provides a timely and accessible resource to understanding international law not only for students and academics, but also for policymakers, practitioners, and those working in the space industry.

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions.In the first dedicated monograph on the topic, Marie France-Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.

Tracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time.  Steirer's expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett's Sam Spade, H. P. Lovecraft's Cthulhu Mythos, and Robert E. Howard's Conan the Barbarian, Steirer provides a ground's eye view of how copyright law has operated and evolved in practice.

While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

In this study, Ng examines the aftermath of the massive protests in 2019 and the implementation of the National Security Law in Hong Kong. Despite 2 years of fluctuating COVID measures and social constraints, the city witnessed an unparalleled cultural resurgence after the enactment of the National Security Law in 2020. This book explores Hong Kong beyond the end of the Anti-Extradition Bill Movement in 2019, to examine what happened afterward, how society repaired itself, how the people of the city resumed their everyday life, and what this everyday life entails. Ng examines the social debates and conversations during these 2 years, analyzing a wide range of creative projects in the city, from television shows, popular music, and social media to literary writings. She describes the difficulties, emotional experiences, and also daily strategies to repair local life, recreate a self-identity, and reclaim the city's narrative against the pressures from China. This book is a valuable resource for researchers, scholars, students, and general readers interested in popular culture and society, and the global uprisings of the first decades of the twenty-first century. The study, supported by detailed research, also makes this essential reading for those with a specialized interest in global studies, and China and Hong Kong studies.

The processes of convergence and digitalization have altered the technological conditions in which the press operates. More than that, they have altered the environment in which the press stakes its claim to freedom and strives to protect its turf from other media players. The advent of internet-based services and applications has blurred the technological boundaries between the press, broadcasting, and telecommunications, challenging their regulatory silos.Press Freedom and Regulation in a Digital Era: A Comparative Study assesses the extent to which the emergent regulatory model for online news media is shaped by analogies from the past, or rather by a newly prevalent culture of control. By interweaving two distinct strands of analysis - the concepts of press freedom and regulation, and the phenomena of convergence and digitalization - this book examines the key implications of digitalization and assesses the challenges for press freedom in the nascent digital news ecosystem. Drawing upon decisions of the European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU), as well as from cases in Germany, the United Kingdom and the United States, this comparative work comprehensively explores the regulation of the press in the digital era and the impact of the proliferating media laws, policies, and jurisprudence on press freedom. Irini Katsirea identifies the regulatory ruptures that persist and makes concrete and timely recommendations for the evolving online news ecosystem.

International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.

Home to emerging economies, a growing middle class, and the world's youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle, 'OAPI') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.

This book addresses how the regulation of international commercial arbitrators takes place. International commercial arbitrators are a unique category of service providers because they are not organised as other professionals such as accountants, lawyers and doctors. The book provides an overview of how and why the regulation of international commercial arbitrators diverged from that of other professions. It also argues that, despite these differences, there is an effective regulatory environment overseeing the behaviour of international commercial arbitrators. The book unpicks the different elements that contribute to the creation and enforcement of professional norms in this field. It explains how the specific characteristics of the arbitral market create strong incentives for ethical norms to be created, even in the absence of the institutions that usually address these issues in other fields. It also describes how market and social forces drive arbitrators to comply with these norms in most circumstances. Finally, the book addresses the ways in which this regulatory system also explains some of the perceived weaknesses of arbitration, namely the rising costs of proceedings and the perceived unfairness of appointments.

In Reproductive Labor and Innovation, Jennifer Denbow examines how the push toward technoscientific innovation in contemporary American life often comes at the expense of the care work and reproductive labor that is necessary for society to function. Noting that the gutting of social welfare programs has shifted the burden of solving problems to individuals, Denbow argues that the aggrandizement of innovation and the degradation of reproductive labor are intertwined facets of neoliberalism. She shows that the construction of innovation as a panacea to social ills justifies the accumulation of wealth for corporate innovators and the impoverishment of those feminized and racialized people who do the bulk of reproductive labor. Moreover, even innovative technology aimed at reproduction--such as digital care work platforms and noninvasive prenatal testing--obscure structural injustices and further devalue reproductive labor. By drawing connections between innovation discourse, the rise of neoliberalism, financialized capitalism, and the social and political degradation of reproductive labor, Denbow illustrates what needs to be done to destabilize the overvaluation of innovation and to offer collective support for reproduction.

This timely book focuses on one of the so-called "durable solutions to the problem of refugees" that UNHCR has been charged to pursue: resettlement. Resettlement consists of the transfer of refugees from their country of asylum to another state in case of severe protection problems in the country of asylum. States are not obliged to offer resettlement places, and in practice that means that resettlement is run as a discretionary immigration scheme. This book attempts to integrate resettlement in international refugee law. Key to the analysis is understanding what the need for resettlement means: in essence a second country of asylum. The integration of resettlement in international refugee law does not mean an end to the discretion states have; but once the decision has been taken to process UNHCR resettlement referrals, discretion gives way to the applicability of international (refugee) law. Since it is not included in the main refugee treaties, resettlement has so far never been considered in terms of international refugee law with detrimental consequences for the refugees concerned. This book demonstrates that treating resettlement as an outlier is not only out of sync with the international rule of law, but moreover legally untenable. Forward-thinking and incisive, Resettlement as Protectionis a fundamental resource for students and scholars of international refugee law, international law, human rights and migration. It is also key reading for resettlement practitioners, lawyers, advocates and activists working in the fields of refugee rights and international law.

Why have anti-corruption efforts often failed? Current thinking on corruption has largely overlooked the profound implications of its contested nature, which paradoxically makes it an effective yet highly dysfunctional 'tool of government.' As a tool of government, it helps execute policies and guarantees a degree of political order. Moreover, anti-corruption measures are wielded as political instruments, strategically embraced by governments and oppositions to further their respective agendas. Based on an analysis of Russia, Brazil and the United States, Rethinking Corruption takes a fresh look at corruption and critiques the prevailing view of anti-corruption policies. Embarking on a captivating journey through these countries, this book encompasses the notion of legal corruption and invites a comprehensive reconsideration of corruption, with a focal point on questions of economic and political equality.

A fundamental economic reconstruction of merger analysis to strengthen our ability to determine mergers' likely effects and improve merger regulation. Why rethink merger analysis? Because methods employed throughout the world violate basic precepts of decision analysis and economics. Fundamental principles are underdeveloped, inhibiting research, policy formulation, and merger review. In Rethinking Merger Analysis, Louis Kaplow undertakes a foundational analysis of the questions central to understanding and regulating horizontal mergers and shows why many conventional practices need to be altered or replaced. On the empirical front, Kaplow offers insights, identifies shortcomings, and proposes extensions of existing research. Altogether, merger review can be greatly improved to better identify harmful mergers and avoid thwarting beneficial ones. The correct economic analysis of anticompetitive effects conflicts sharply with the reigning market definition paradigm. This protocol is more deeply flawed than appreciated, readily produces large errors, and can result in uncertainty bounds on challenge thresholds of two orders of magnitude. Merger efficiencies are underanalyzed because of the failure to draw on relevant disciplines and pertinent industry expertise. Postmerger entry's role is mischaracterized in merger guidelines, and its direct welfare effects are ignored. Entry induced by the prospect of a subsequent buyout has until recently been disregarded. Proper assessment requires a dynamic framing that accounts for a merger regime's influence on the creation and capabilities of new generations of startups that are central to economic dynamism. This book eschews advocacy and instead focuses on clear thinking--indeed, rethinking--about how to improve merger policy and assessment.

Since the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent. Scholars have since focused on policy and the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published and unpublished rulings has created a breeding ground for disparities in power and privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished. Selective Publication in the U.S. Courts of Appeals: The Invisible Norm that Perpetuates Inequality presents a comprehensive examination of the theoretical and empirical implications of a key institutional practice in a highly influential set of courts. This book sheds light on the social justice consequences of not publishing all opinions by drawing on an original dataset of over 200,000 cases. Hinkle's rigorous analysis reveals how the seemingly benign institutional feature of selective publication contributes to problematic differences in the way resources and demographic features shape power and privilege in the circuit courts. This book exposes how the decision to publish or not publish an opinion plays a significant role in who gets what, when, and how in a court of law. Academics and students will find Selective Publication in the U.S. Courts of Appeals an accessible tool for understanding circuit courts as an important political institution. Those who shape and are affected by circuit rules will gain important insight about the implications of existing rules that can inform ongoing discussions regarding potential reforms.

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

This book proposes a regulatory system for ensuring that AI makes fair decisions. No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve. However, regulation is not an abstract activity - it regulates how humans behave, and the humans in question are those who develop and use AI for decision-making. Thus the book investigates how those humans are attempting to achieve AI fairness. It finds that there is a serious mismatch between how technologists conceptualise fairness, compared to other humans. How can AI regulation bridge this gap? Traditional models of regulation cannot solve this problem. Fairness is too nuanced, too contextual, and is ultimately a human emotional response. Instead the book proposes to place the responsibility on the AI community to explain and justify their efforts to achieve fairness, basing regulatory and legal responses on how well that explanation deals with the risks that particular AI presents, and whether the AI operates in accordance with the explanation in use. The book concludes by examining how far this regulatory model might be useful for some of the other social problems which AI generates. An original and significant contribution to the literature on AI regulation, this book is a must-read for those working in the areas of law, regulation, and technology.

It is inevitable, given the enormous media-driven concern generated by the recent application of artificial intelligence (AI) to an ever-expanding spectrum of day-to-day human experience, that the need for a clearly articulated legal response has become imperative. This book both clarifies the controversial issues surrounding the use of AI and explores in great detail how, far from being "unregulated," the creation, distribution, and operation of AI systems currently is, and will remain, subject to a vast array of existing laws and regulations all over the world. Demonstrating beyond any doubt that the traditional concepts of legal responsibility, including duty of care, negligence, and compensation for damages, will always be applicable to those humans who create and/or use artificially intelligent things or systems, the author shows how AI systems are clearly implicated in numerous existing legal regimes, including the following: relevant provisions under international law and EU law; applicable provisions in the laws of the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore; and numerous national provisions in the legal fields of health and safety, intellectual property, competition, privacy and data protection, and military engagement. However, given the lack of international consensus on this vitally important issue, the author suggests that any worldwide agreement on the legal responsibilities relating to the use of AI will need to be carefully defined, and that provisions will need to be reviewed to determine how they will apply to any new range of artificially intelligent creations. The purpose of this book is to review those legal concepts, throughout the world, that currently govern the application of AI and to comment on modifications or extensions of the rule of law that are being proposed as necessary to serve and protect humanity in relation to the expanding applications of AI. It is important that anyone who uses or is affected by AI products understands the relationship between existing laws and regulations in major markets around the world and those areas where initial regulations may be required. For them, for their counsel, and for the various policy and regulatory authorities confronted with AI issues, this book will prove an essential guide.

In The Banality of Good, Lieba Faier examines why contemporary efforts to curb human trafficking have fallen so spectacularly short of their stated goals despite well-funded campaigns by the United Nations and its member-state governments. Focusing on Japan's efforts to enact the UN's counter-trafficking protocol and assist Filipina migrants working in Japan's sex industry, Faier draws from interviews with NGO caseworkers and government officials to demonstrate how these efforts disregard the needs and perspectives of those they are designed to help. She finds that these campaigns tend to privilege bureaucracies and institutional compliance, resulting in the compromised quality of life, repatriation, and even criminalization of human trafficking survivors. Faier expands on Hannah Arendt's idea of the "banality of evil" by coining the titular "banality of good" to describe the reality of the UN's fight against human trafficking. Detailing the protocols that have been put in place and evaluating their enactment, Faier reveals how the continued failure of humanitarian institutions to address structural inequities and colonial history ultimately reinforces the violent status quo they claim to be working to change.

From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities. Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits "abridging the freedom of speech," yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement? In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it's consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant's political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray. At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.

This book provides a practical introductory guide to comparative law. Fernanda G. Nicola and Günter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects. Comparative Lawbegins by outlining the theory and methodology of this critical legal practice. Chapters present real-world problems that the law faces in eight specific fields: property (informal property), contracts (specific performance), tort (wrongful birth), family law (same-sex marriage), administrative law (COVID-19 measures), constitutional law (veiling), legal transfers (gun control), and legal histories (indigenous property claims). Whilst examining various approaches to legal comparison, Nicola and Frankenberg crucially recognize how legal knowledge can be perpetually reconstructed, abstracted, and re-contextualized in diverse settings across space and time. Pairing real-world contemporary examples with established legal principles and practices, this book is an essential resource for teachers and students of comparative law and legal anthropology. Its practical case application will also be of interest to political scientists and journalists engaged in international legal regimes, problems, and solutions.

Contending for American Nationhood: Joseph Story and the Debate Over a Federal Common Law offers a study of one of the early republic's fiercest legal debates, one of the Supreme Court's most understudied jurists and constitutional theorists, and the enduring tension between two irreconcilable understandings of the American union. It explores the conflict between two competing theories of the American union in the early years of the republic: the Nationalist Theory, which posited that the union was the creation of the national American people, and the Compact Theory, which portrayed the union as a compact between the peoples of the several states who had each separately decided to join to form the union. Benjamin Clark employs this underlying debate as a framework for understanding the debate over federal common law in the late 18th and early 19th centuries. The book gives particular attention to the constitutional thought of Supreme Court Justice Joseph Story, examining how these two seemingly-separate issues--the federal common law question and the existence of American nationhood--came together in Story's constitutional theory.

Digital assets are increasingly becoming subject to national and international regulatory scrutiny. This timely book provides an overview of how, as digital asset markets expand, governments in a wide range of jurisdictions are responding to them. In addition to chapters on specific urgent challenges of regulating cybercurrency activity, there are separate chapters detailing regulatory developments and trends in each of eight major jurisdictions--the United States, the European Union, the United Kingdom, China, India, Japan, South Korea, and Singapore--as well as a chapter on crypto regulation in a selection of other countries. The book thoroughly covers the impact of digital assets business-connected technologies on such important policy areas as the following: consumer protection; data privacy and security; financial stability and systemic risk; crime; national security; human rights; financial inclusion and equity; and energy demand and climate change. For each of these areas and more, steps taken to regulate the marketing of digital assets both generally and in each of the covered jurisdictions are extensively described, with information on applicable legal forums and remedies. Because the rapid evolution and volatility of the crypto markets have left regulators struggling to keep pace, this deeply researched and informed survey of current and trending regulatory measures taken worldwide will prove of inestimable value to practitioners and regulators handling any aspect of digital asset business and will remain of great worth for the foreseeable future.

For most of its existence, the US Supreme Court has sustained slavery, racial discrimination, segregation, racial inequality, and white preference through constitutional interpretation and legal doctrine. During America's first two centuries, slavery was the law of the land. The Court initially avoided challenging it, and in 1857, it seemed that the justices were committed to defending it with the disastrous Dred Scott decision, which denied that Black Americans could claim any rights under the Constitution. The Court also failed to sustain Congress's effort to accord rights and status to Black Americans during Reconstruction, and it accepted white supremacy in the 1896 decision in Plessy v. Ferguson, which ratified the doctrine of "separate but equal." It did better in the Civil Rights Era, 1954-1972, but then again retreated in the face of political backlash. The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality-most recently exhibited in the Shelby County v. Holder (2015) decision, which hobbled the Voting Rights Act. Throughout the six hundred volumes of the United States Reports the justices have almost never alluded to the reality of racism or used words that denote it. Only once has the phrase "white supremacy" appeared in an opinion of the Court, and only thirty or so times has a member of the Court referred to "racism." The Dark Past, on the other hand, incorporates structural racism as a principal definition of inequality in the contemporary Black legal experience as it updates and enlarges our understanding of how the legal foundations of inequality structure American society.

This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance. The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns. This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.

Based on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of "rightful control" and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations.

Building on his extensive experience in the U.S. government and as an international human rights lawyer, H. Knox Thames provides fresh, decisive strategies to advance religious freedom for all. Today, a scourge of religious persecution is impacting every faith community around the globe. In Ending Persecution: Charting the Path to Global Religious Freedom, author H. Knox Thames takes readers to some of the world's most repressive countries in the Middle East and Asia, exposing the harsh reality of religious repression. Thames breaks down the devastating litany of human rights abuses faced by religious groups in these countries into four major types of persecution: terrorism in the Middle East, government-sponsored genocides in China and Burma, cultural changes due to extremism in Pakistan, and tyrannical democracy in Nepal and India. Ending Persecution recounts the range of tools and policies that the U.S. government has used to encourage reform in repressive governments, leverage U.S. influence for the oppressed, and to reflect the best of American values of diversity, minority rights, and religious freedom. To help the persecuted in the twenty-first century, Thames argues, the United States must revitalize its approach and recommit to ending oppression by supporting coalition building and interfaith tolerance.

To date, the relationship between Otto Kirchheimer and Carl Schmitt has invariably been described as friendly, despite their political differences. Kirchheimer has even been attributed the role of the godfather of today's left-Schmittianism. With reference to previously unknown archival materials, conversations with personal contacts, and through a new reading of the theoretical works of both authors, including an analysis of the Nazi vocabulary used by Schmitt, Hubertus Buchstein exposes this view as a politically motivated legend. Buchstein claims that the best way to characterize their relationship from their first meeting in Bonn in 1926 up until Kirchheimer's death in 1965 is as enduring enmity - in a political, a theoretical, and even a personal sense.

This comprehensive guide provides an overview of the rules and principles of estates and future interests, including concurrent estates, marital estates (including the modern elective share), and powers of appointment. It includes recent innovations from the Restatement 3d of Property, modernizing the law of future interests and dramatically changing the Rule Against Perpetuities. With respect to powers of appointment, the book incorporates the clarifications and modernizations of the law in the Restatement 3d of Property and the Uniform Powers of Appointment Act (2013, with subsequent amendments). The Seventh Edition is fully updated to take account of the latest developments, including the rise of optional community property and the use of community property trusts, as well as the growing number of states extending or abolishing the Rule Against Perpetuities. The book also has exercises, with answers at the back. Valuable for students in first-year Property and upper-year courses in Trusts and Estates.

This comprehensive textbook identifies the emerging legal, policy, and ethical considerations associated with the collection, analysis, storage, and distribution of data that can be tied to location on Earth - otherwise known as "geospatial information." Drawing on the author's extensive professional, legal, and scholarly experience in the geospatial community, the book explains how these issues cut across both legal and technology domains and how they impact geospatial information management across the globe. While focused on the USA, the framework and analysis can be applied to other nations and legal systems. Key topics covered include intellectual property, privacy, data protection, data quality and liability, security, ethical issues, licensing, and the impact of existing and emerging technologies, such as artificial intelligence, satellites, drones, software, machine learning, small satellites, and 5G. The book includes helpful features, such as a glossary of key legal terms and further reading, and is accompanied by digital supplements in the form of PowerPoint slides for each chapter.Geospatial Law, Policy and Ethics is the ideal companion for advanced undergraduate and graduate-level students of Geographic Information System (GIS), remote sensing geospatial intelligence, geospatial studies, and spatial data science courses. It will also be of interest to geospatial professionals employed in industry, government, or research.

The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator's contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a 'one-stop-shop' for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.

Apostolos G. Chronopoulos examines the doctrine of misappropriation offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic. In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still 'fresh'. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal preemption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value. This book is an indispensable resource for academics who would have an interest in reexploring and revisiting the topic from a doctrinal perspective. Practitioners would also find the book's theoretical groundwork useful.

From the U.S. lead negotiator on climate change, an inside account of the seven-year negotiation that culminated in the Paris Climate Agreement in 2015--and where the international climate effort needs to go from here. The 2015 Paris Agreement on climate change was one of the most difficult and hopeful achievements of the twenty-first century: 195 nations finally agreed, after 20 years of trying, to establish an ambitious, operational regime to address one of the greatest civilizational challenges of our time. In Landing the Paris Climate Agreement, Todd Stern, the chief US negotiator on climate change, provides an engaging account from inside the rooms where it happened: the full, charged, seven-year story of how the Paris Agreement came to be, following an arc from Copenhagen, to Durban, to the secret U.S.-China climate deal in 2014, to Paris itself. With a storyteller's gift for character, suspense, and detail, Stern crafts a high-stakes narrative that illuminates the strategy, policy, politics, and diplomacy that made Paris possible. Introducing readers to a vivid cast of characters, including Xie Zenhua, Vice Minister of China's National Development and Reform Commission, Bo Lidegaard, chief strategist for Denmark's Prime Minster, and Indian minister Jairam Ramesh, Stern, who worked alongside President Barack Obama and Secretaries of State John Kerry and Hillary Clinton, depicts the pitfalls and challenges overcome, the shifting alliances, the last-minute maneuvering, and the ultimate historic success. The book concludes with a final chapter that describes key developments since 2015 and the author's reflections on what needs to be done going forward to contain the climate threat. A unique peek behind the curtain of one of the most important international agreements of our time, Landing the Paris Climate Agreement is a vital and fascinating read for anyone who cares about the future of our one shared home.

In the ever-evolving landscape of law and governance, adaptation and innovation are key to addressing the challenges of our times.

This book critically analyzes the Palestinian legal arguments against Israeli occupation and in favor of Palestinian statehood. For the past two decades, Palestinians have chosen to pursue their claims against the Israeli occupation through litigation at the international courts. It is therefore appropriate, the author contends, to analyze the merits of the Palestinian legal claims separately from their political claims. To do so, the book comprises five parts: Part I addresses the role of international law in the conflict as well as Palestinian legal framing and lawfare. Part II recounts the relevant legal history, including the crucial legal implications of the Oslo Accords. Part III analyzes Palestinian legal claims regarding the West Bank and the Gaza Strip. Part IV assesses the Palestinian legal case for statehood. Part V analyzes Palestinian legal claims regarding Jerusalem. Ultimately, it is argued that the Palestinian legal case is weak even though the two-state solution continues to represent the most viable long-term political outcome to the conflict. Moreover, the author suggests that Palestinian leaders have repeatedly opted for conflict perpetuation through lawfare and violence, rather than conflict resolution through negotiation. Providing fresh insights into the claims and counterclaims of Palestinian legal arguments, the book will appeal broadly to anyone interested in the Israeli-Palestinian conflict and international law.

Legal Professional Privilege in Criminal Investigations and Proceedings is concerned with the law of legal professional privilege and its practical application in criminal cases and internal investigations, providing a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Focused and structured around the practical issues that criminal lawyers encounter and the stage in proceedings at which they typically arise, the book offers guidance and analysis on issues such as communicating with third parties to obtain evidence for trial, invoking the crime-fraud exception in criminal proceedings, and the effect on privilege of disclosing the reasons for advice to answer no comment. The authors also discuss the relationship between privilege and powers of search and seizure, conducting privilege reviews, compelled interviews, reference to privileged material in an expert's report, and prosecution privilege and disclosure obligations. Finally, the volume addresses corporate co-operation and waiver of privilege, inadvertent waiver by lawyers at court, appeals based on criticism of previous legal representatives and fresh evidence, and the extent to which privilege can apply to internal investigation witness interviews and fact-finding reports.Legal Professional Privilege in Criminal Investigations and Proceedings will provide vital guidance for criminal defence lawyers - both solicitors and barristers - as well as those involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings.

This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.

An authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution. Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them. Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices' eyes.

Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law's orientation to the common good. When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph Raz, fail to provide definitive answers regarding the nature of legal obligation. In this highly original and effective new work, Daniel Mark argues that there is a prima facie moral obligation to obey the law simply because it is the law. In Mark's view, the best concept of law--one that allows for the possibility of justified authority and obligation--defines law as a set of commands oriented to the common good. Legal obligation, he proposes, shares defining features with moral obligation and with religious obligation while aligning wholly with neither. This philosophically coherent view of legal obligation offers a viable framework for analyzing important and seemingly paradoxical puzzles about the law, such as why civil disobedience is punished as lawbreaking or why war-crimes trials for legal but immoral acts present a moral quandary. By reconciling the concept of law as command with the role of law in promoting the common good, The Nature of Law provides an original and important scholarly contribution to the fields of legal philosophy and political thought.

This book examines China's behaviour in the SCS from multiple perspectives like history, environment, law, trade, security, and its relations with Southeast Asian countries that have their own EEZ claims in the SCS.

Rarely in the history of international tax law have there been so many evolutions in such a short space of time: In a dizzying array of reports, work programmes, consultations and announcements, the OECD, with the active support of the EU, has created a framework for a global minimum tax (Pillar Two or GloBE). In the meanwhile, jurisdictions are faced with the practical difficulties of incorporating an incredibly complex set of rules into their domestic legal systems. This book aims to shed light on the fundamental and technical issues surrounding the global minimum tax. It seeks to unravel the complex ramifications of GloBE''s technical framework and aims to explore the relationship between the OECD''s soft law materials, including the OECD''s GloBE Model Rules and the GloBE Commentary, tax treaties and the EU''s recently adopted GloBE-Directive. The author not only analyses Pillar Two from a technical and a policy perspective but also provides for a comprehensive examination of the compatibility of Pillar Two with tax treaties and EU law. To this end, the analysis also includes practical examples and illustrates solutions to numerous technical and policy issues of Pillar Two. Among the seminal matters covered are the following: History and Background of the global minimum tax discussion. Detailed technical considerations on the design of Pillar Two, including its scope, the determination of both the ''GloBE Income'' as well as the ''Adjusted Covered Taxes'' and the computation of the effective tax rate as well as the computation and collection of the final ''Top-up Tax'' liability, including the application of the QDMTT, IIR, and UTPR. Tax policy implications and deficiencies of the final design of Pillar Two. The relation of Pillar Two to the current distribution of taxing rights under bilateral tax treaties. The analysis includes the compatibility of the QDMTT, IIR, and UTPR with existing tax treaties and the resolution of potential normative conflicts, both between tax treaties and domestic implementations of Pillar Two as well as between tax treaties concluded by EU Member States and the EU''s GloBE-Directive. The role of the GloBE-Directive within the EU''s legal order, including the issue of EU internal and external competence as well as the substantive compatibility of Pillar Two with primary law, such as the fundamental freedoms. Detailed comparisons between the OECD''s GloBE Model Rules and the EU''s GloBE-Directive elucidate common points and deviations. In addition to comprehensive technical considerations, the book also provides a comprehensive tax policy perspective on the global minimum tax. For its unparalleled clarification of the issues alone, this book will prove invaluable to practitioners, tax authorities, policymakers, and academics concerned with the implementation and application of Pillar Two. ''Valentin Bendlinger''s book is an outstandingly remarkable work on a highly complex topic. The structure, clarity of thinking, and legal argumentation are excellent, and the legal and policy results throughout are profoundly argued. The book successfully ties together broad concepts of international and European (tax) law with highly complex and novel issues of the taxation of multinational enterprises. It should be highlighted that Valentin Bendlinger succeeded in leading the reader from the history and policy through a "jungle" of unprecedented rules to overarching fundamental issues of how the new taxation framework is to be placed in the international and European legal order.'' - Prof. DDr Georg Kofler, LLM (NYU), Vienna University of Economics and Business.

This explosive investigation reveals the profound failures of the Title IX system and identifies concrete, surprisingly simple steps we can take to protect students.   The debate over campus sexual violence is more heated than ever, but hardly anyone knows what actually happens inside Title IX offices. On the Wrong Side provides the first comprehensive account of the inner workings of the secretive Title IX system. Drawing on a yearlong study of survivors, perpetrators, and the administrators who oversaw their cases, sociologist Nicole Bedera exposes the structures that predictably punish survivors who come forward in the service of protecting--or even rewarding--their perpetrators. In doing so, she reveals that the system tasked with ending gender inequality on campus only intensifies it, upending survivors' lives and threatening the degrees that brought them to college in the first place.   Equally heartbreaking and optimistic, On the Wrong Side makes it easy to imagine life-changing interventions for the next generation of students by proposing specific solutions to the structural problems of Title IX. Bedera proves that ending campus sexual violence is within our grasp--and dares us to be courageous enough to take action.  

Amid the shift towards neoliberalism and the privatization of resources, this book provides a radical new lens to view property and property theory. Boldly challenging the conventional theories of property law that have shaped our understanding for centuries, leading expert Paddy Ireland explores the rise and growth of new intangible property forms; the nature of 'investment' and of property-as-capital; and the empirical realities of modern property. Raising broader questions about ownership in society, the author ignites a powerful conversation about the increasingly unequal distribution of wealth, forcing us to confront that our current property system bears considerable responsibility for the current 'polycrisis. This groundbreaking work will set the agenda for a new era in property theory.

Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.

The futures of reproductive justice and LGBTQIA+ liberation are intimately connected. Both movements were born out of the desire to love and build families of our choosing--when and how we decide. Both movements are rooted in broader social justice liberationist traditions that center the needs of Black and brown communities, the LGBTQIA+ community, gender-nonconforming folks, femmes, poor folks, parents, and all those who have been forced to the margins of society. Taking as its starting point the idea that we all have the human right to bodily autonomy, to sexual health and pleasure, and to exercise these rights with dignity, Queering Reproductive Justice sets out to re-envision the seemingly disparate strands of the reproductive justice and LGBTQIA+ movements and offer an invitation to reimagine these movements as one integrated vision of freedom for the future. Candace Bond-Theriault asserts that for reproductive justice to be truly successful, we must acknowledge that members of the LGBTQIA+ community often face distinct, specific, and interlocking oppressions when it comes to these rights. Family formation, contraception needs, and appropriate support from healthcare services are still poorly understood aspects of the LGBTQIA+ experience, which often challenge mainstream notions of the nuclear family, and the primacy of blood-relatives. Blending advocacy with a legal, rights-based framework, Queering Reproductive Justice offers a unified path for attaining reproductive justice for LGBTQIA+ people. Drawing on U.S. law and legislative history, healthcare policy, human rights, and interviews with academics and activists, Bond-Theriault presents incisive new recommendations for queer reproductive justice theory, organizing, and advocacy. This book offers readers an invitation to join the conversation, and ultimately to join the movement to that is unapologetically queering reproductive justice.

This book examines the trajectory of the sedition law from its introduction by the British colonial power and its subsequent rejection by the Constituent Assembly of India.

The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be - should be - conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today's democratic polities.  The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union's bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following:  national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women's rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance.  The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject.  Following Kant's dictum that the solidarity of mankind is a 'to be or not to be; a matter of life or death', in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.

The fate of heritage in war has attracted considerable attention in recent years, due in no small part to ISIS's campaign of destruction across the Middle East and, in 2012, the International Criminal Court's first prosecution of heritage destruction as a war crime. Regular armed forces have been criticised for both failing to protect and damaging heritage sites. In response, heritage organisations urge the better implementation of existing international laws on heritage protection in war. This book argues that any such law or policy will require combatants to choose between safeguarding heritage and safeguarding other goods, including human life. It thus challenges the view, repeatedly expressed by heritage professionals, that the choice between protecting heritage and protecting lives is a false dichotomy. Existing international law not only implies such choices but also, more worryingly, gives no indication of how they should be resolved. Drawing on contemporary work on the ethics of war, this book develops an account of the permissible protection of heritage in war. It argues that heritage is not morally special; rather, heritage is one of many goods that contribute to individuals' lives going well and that we routinely trade off against each other. By drawing on these more familiar dilemmas, we can make progress on how to balance the protection of heritage against risks to human life. Amongst other things, the book considers the different ways in which heritage might contribute to individual flourishing, the role of consent in justifying the imposition of risk on combatants and civilians, the permissibility of forcefully defending heritage and what, if anything, could compensate for the loss of heritage in war.

How Big Tech is taking advantage of us, how AI is making it worse, and how we can create a thriving, AI-positive world. On balance, will AI help humanity or harm it? AI could revolutionize science, medicine, and technology, and deliver us a world of abundance and better health. Or it could be a disaster, leading to the downfall of democracy, or even our extinction. In Taming Silicon Valley, Gary Marcus, one of the most trusted voices in AI, explains that we still have a choice. And that the decisions we make now about AI will shape our next century. In this short but powerful manifesto, Marcus explains how Big Tech is taking advantage of us, how AI could make things much worse, and, most importantly, what we can do to safeguard our democracy, our society, and our future. Marcus explains the potential--and potential risks--of AI in the clearest possible terms and how Big Tech has effectively captured policymakers. He begins by laying out what is lacking in current AI, what the greatest risks of AI are, and how Big Tech has been playing both the public and the government, before digging into why the US government has thus far been ineffective at reining in Big Tech. He then offers real tools for readers, including eight suggestions for what a coherent AI policy should look like--from data rights to layered AI oversight to meaningful tax reform--and closes with how ordinary citizens can push for what is so desperately needed. Taming Silicon Valley is both a primer on how AI has gotten to its problematic present state and a book of activism in the tradition of Abbie Hoffman's Steal This Book and Thomas Paine's Common Sense. It is a deeply important book for our perilous historical moment that every concerned citizen must read.