Comparative law Books

Book SynopsisThis handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different typTable of Contents Subnational Constitutionalism: Defining subnational constitutions and self-constituent capacity Subnational Constitutionalism in Argentina: Provincial autonomy in a uninational federation Subnational Constitutionalism in Australia: State autonomy in a uninational federation Subnational Constitutionalism in Austria: The pluralisation of homogeneity Subnational constitutionalism in Belgium: A matter of abstained maturity Subnational Constitutionalism in Bosnia and Herzegovina: Towering sub-national autonomy and a loose clamp of the central level to all intents and purposes Subnational Constitutionalism in Brazil: The space of state constitutions for improving Brazilian federalism Subnational Constitutionalism in Canada: A hysteretic approach to distinctive constitutional identities Subnational Constitutionalism in Ethiopia: Constitutional déjà vu Subnational Constitutionalism in Germany: Constitutional autonomy, unitarian federalism, and intertwined policy-making Subnational Constitutionalism in India: Subnational constitutionalism or constitution within the constitution? Subnational Constitutionalism in Italy: Unfulfilled Expectations? Subnational Constitutionalism in Malaysia: Weak states in a strong federation Subnational Constitutionalism in Mexico: Medium state autonomy in a centralized federation Subnational Constitutionalism in South Africa: An empty promise Subnational constitutionalism in Spain: Confluence of wills in a basic institutional norm Subnational Constitutionalism in Switzerland: A sleeping beauty awaiting to be kissed Subnational Constitutionalism in the United Kingdom: Constitutional statutes within the context of an uncodified constitution Subnational Constitutionalism in the United States: Powerful states in a powerful federation Conclusion: Nine hypotheses to explain variation in subnational constitutional autonomy

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Book SynopsisThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over constructioTable of Contents Chapter 1: Introduction Renato Nazzini; Part I: The Internationalisation of Construction Dispute Resolution; Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini; Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong; Part II: Artificial Intelligence: A Game Changer?; Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer; Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer; Part III: Good Faith and Collaborative Dispute Resolution; Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne; Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe; Chapter 8: Collaborative Dispute Resolution Shy Jackson; Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes; Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea; Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade; Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy; Part V: Statutory Construction Adjudication: A Global Perspective; Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance; Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt; Chapter 14: Statutory Adjudication in Singapore Toh Chen Han; Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell; Part VI: Contracting with the State in the 21st Century; Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi; Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell

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Book SynopsisThis overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.Trade Review'This book has advanced our understanding of the legal scope and application of the principle and is an essential text for environmental lawyers and practitioners as well as researchers, policy makers and students with an interest in environmental and public health regulation.' Environmental Liability'Zander's proposal hits the nail on the head.' The Cambridge Law JournalTable of Contents1. Introduction; 2. Risk and uncertainty: basic concepts and tools for the application of the precautionary principle; 3. The precautionary principle in international law; 4. The precautionary principle in EC law; 5. The precautionary principle in Sweden; 6. The precautionary principle in the United Kingdom; 7. The precautionary principle in the United States; 8. Conclusions.

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Book SynopsisCommercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.Trade Review'The book is useful for any student of the law, for academics and judges, as well as for practitioners, including the generalist or even the specialist in another field. Its value lies beyond the insight it provides into this interesting, specialist, developing area of the law. It is a blueprint for the study of any area of common law that is being radically adapted and developed to meet new technological, economic and cultural changes.' Entertainment Law ReviewTable of ContentsPreface; Table of cases; Table of statutes; Part I. A Framework: 1. The problem of appropriation of personality; Part II. Economic Interests and the Law of Unfair Competition: 2. Introduction; 3. Statutory and extra-legal remedies; 4. Goodwill in personality: the tort of passing off in English and Australian law; 5. Unfair competition and the doctrine of misappropriation; Part III. Dignitary Interests: 6. Introduction; 7. Privacy and publicity in the United States; 8. Privacy interests in English law; 9. Interests in reputation; Part IV. Pervasive Problems: 10. Property in personality; 11. Justifying a remedy for appropriation of personality; Part V. Conclusions: 12. The autonomy of appropriation of personality; Bibliography; Index.

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Book SynopsisMedical confidentiality is universally recognised as a value worth protecting. However, difficulties arise when confidential medical information becomes relevant in the context of crime prevention and criminal prosecution. Should medical confidentiality be upheld where the physician holds information which is essential for the investigation of a serious crime; for establishing the truth in a criminal trial; for an accused's defence; or for the prevention of a criminal offence? And according to which criteria should such decisions be made? Based on an examination of different approaches in medical ethics and a comparison of the relevant law of France, Germany, England and Wales and the US, this book analyses how a balance of the competing interests can best be struck.Trade Review'...clearly well written and researched...' Crime Prevention and International Safety: An International Journal '...remarkable as much for the quality of its developments as the pertinence of its comparative analysis of French, German English and American legislations...this work will be valued for its didactic nature, as exemplified by the brief conclusions and syntheses that punctuate each chapter, and its pragmatic vision.' Schweizerische Zeitschrift für Gesundheitsrecht 'Well researched and clearly written, it is a thorough examination of a specific issue, and offers an excellent analysis of how best to balance the competing interests at stake.' Bulletin of Medical EthicsTable of ContentsContents: Introduction. Ethical Considerations: Main schools of medical ethics; Autonomy, privacy and confidentiality; Conflicts of interests in the context of criminal prosecution and crime prevention; Conclusion. European Law: Protection of Medical Confidentiality: European convention on human rights; European convention on human rights and biomedicine; Data protection directive 95/46/EC; European charter of fundamental rights. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Criminal prosecution; Conflicting defence rights; Crime prevention; Summary. French Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Protection under criminal law; Protection under private law; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: General and absolute obligation of medical confidentiality; Obligation to give testimony; Defence rights of the physician; Effects of the patient's consent; Obligation to disclose certain information; Admissibility of the physician's testimony; Search for and seizure of medical records; Summary and conclusion. German Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Protection under criminal law; Protection under contract and tort law; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: A physician's testimony in criminal court; Crime prevention; Confidential material exempt from search and seizure; Summary and conclusion. English Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Contractual obligation; Equitable duty; Statutory obligations and criminal offences; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: State access to confidential medical information; Voluntary disclosure by the physician; Summary and conclusion. American Law: Protection of Medical Confidentiality: Constitutional privacy protection; Statutory obligations; Private law actions for breach of medical confidentiality; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Federal law; State law; Summary and conclusion. Comparative Conclusions: Protection of Medical Confidentiality: Constitutional protection; Scope and means of protection; Differences between common law and civil law approaches. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Medical privilege in criminal courts; Defence rights; Crime prevention. Concluding Remarks; Bibliography; Index.

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Book SynopsisThe effective implementation of treaties is essential. This book examines the advantages of non-compliance mechanisms (NCMs) versus that of international courts and tribunals to support treaty fulfilment. It brings together globally-recognised names in international law, human rights law, environmental and climate change law, and trade law.

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Book SynopsisThis collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the nineteenth century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects theTrade Review‘This wide-ranging, interdisciplinary study of impeachment is essential readingfor scholars, citizens, and public officials alike. Now more than ever, it is vital to appreciate the promise and perils of the impeachment power, and to reckon with its proper role in constitutional democracy.’Joshua Matz, Partner, Kaplan Hecker & Fink LLP; Impeachment Counsel to the House Judiciary Committee for the first (2019–20) and second (2021) Senate trial of President TrumpTable of ContentsList of Contributors xiPreface xiiForeword xiv1 Impeachment Matters 1MATTHEW FLINDERS AND CHRIS MONAGHANPART 1British Origins 152 Impeachment during the Fourteenth and Fifteenth Centuries and Its Abeyance in the Sixteenth Century 17CHRIS MONAGHAN3 Impeachment in Seventeenth-Century England 42MARK GOLDIE4 British Politics and Impeachment in the Eighteenth Century 64ROBIN EAGLES5 Edmund Burke, India and the Impeachment Trial of Warren Hastings 84MITHI MUKHERJEE6 The Nineteenth Century and Beyond: The Existence of the Threat of Impeachment 114CHRIS MONAGHAN7 ‘Impeachment’ in Irish Constitutional Law 132LAURA CAHILLANE AND TOM HICKEYPART 2American Practice 1558 Impeachment in the Eighteenth and Nineteenth Centuries in the Early United States 157JOHN R VILE9 Parallel Evolution: American Impeachment and the Two-Party System 180BRIAN C KALT10 Impeachment, Responsibility and Constitutional Failure: From Watergate to January 6 206JACK N RAKOVE11 The US Impeachment Process: Fit for Purpose in a Hyper-Partisan Era? 238CLODAGH HARRINGTON AND ALEX WADDANPART 3Evolutionary Dynamics 25912 The Renaissance of Impeachment: Political and Legal Accountability in the 21st Century 261DAN PLESCHIndex 271

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Book SynopsisThis book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective.Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the comTable of Contents1. Historical, legal and judicial context of the transition 2. The Togliatti amnesty 3. The Togliatti amnesty within the framework of transitional justice 4. The Italian experience within the framework of transitional justice 5. The legacy of the Italian transitional justice

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Book SynopsisThis book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend natureâs interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resourcesâfocused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

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Book SynopsisIn an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The Europ

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Book SynopsisEcumenical Patriarch Bartholomew I, the spiritual leader of Eastern Orthodox Christians worldwide, has thought profoundly about the role of law as it applies to the church, to civic life in Europe, to human rights, to religious freedom, and to the environment. In this book, leading scholars across the world reflect critically on the significance of his legal thought for human flourishing, for Christian social teaching, and for Christian unity. His legal thought is summed up in five key public addresses that he has delivered around the world in recent years, on: church law as an ecumenical instrument; the role of religion in a changing Europe; Orthodoxy and human rights; religion and freedom; and climate change, ecumenical imperatives. The collection presents critical reflections on the legal thought in these five important, distinct, and topical fields of human life. Its ten chapters, with two chapters devoted to each of his five addresses, are written by leading scholars across the world from different Christian traditions with expertise in the fields studied. They provide an analysis of the legal thought of the Patriarch, explain its significance legally, theologically, and politically, and propose its unifying value for the whole of global Christianity today. The book will be essential reading for academics and researchers working in the areas of law and religion, legal philosophy, comparative canon law, theology, and ecumenical studies.

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Book SynopsisSocial Dimensions of Privacy develops an innovative approach to privacy which focuses on privacy's social meaning and value. An interdisciplinary group of leading privacy scholars from the fields of law, philosophy, political science and computer science addresses new privacy-sensitive areas resulting from recent technological developments.Trade Review'This collection is an invaluable resource for anyone wanting to think rigorously about the meaning and purposes of privacy today.' Julie E. Cohen, Georgetown University Law Center'With its assemblage of a global who's who of scholars, the long-awaited Social Dimensions of Privacy defines the state of the art in privacy scholarship. Transcending the individual interests and rights that privacy is usually understood to protect, this volume focuses instead on privacy's social meaning and value - using this perspective to help resolve various controversies about privacy protection in different social domains. Through their careful curation, Roessler and Mokrosinska not only reinvigorate debates about privacy, but elevate them to a level not seen since the publication of Schoeman's classic volume thirty years ago.' Ian Kerr, Canada Research Chair in Ethics, Law and Technology, University of OttawaTable of ContentsIntroduction Dorota Mokrosinska and Beate Roessler; Part I. The Social Dimensions of Privacy: 1. Privacy: the longue durée James Rule; 2. Coming to terms: the kaleidoscope of privacy and surveillance Gary T. Marx; 3. Privacy and the common good: revisited Priscilla M. Regan; 4. The meaning and value of privacy Daniel J. Solove; Part II. Privacy: Practical Controversies: 5. The feminist critique of privacy - past arguments and new social understandings Judith Wagner DeCew; 6. Privacy in the family Bryce Clayton Newell, Cheryl Metoyer and Adam D. Moore; 7. How to do things with personal big biodata Koen Bruynseels and Jeroen van den Hoven; 8. Should personal data be a tradable good? On the moral limits of markets in privacy Beate Roessler; 9. Privacy, democracy, and freedom of expression Annabelle Lever; 10. How much privacy for public officials? Dorota Mokrosinska; 11. Privacy, surveillance and the democratic potential of the social web Colin J. Bennett, Adam Molnar and Christopher Parsons; Part III. Issues in Privacy Regulation: 12. The social value of privacy, the value of privacy to society and human rights discourse Kirsty Hughes; 13. Privacy, sociality, and the failure of regulation: lessons learned from young Canadians' online experiences Valerie Steeves; 14. Compliance-limited health privacy laws Anita L. Allen; 15. Respect for context as a benchmark for privacy online: what it is and isn't Helen Nissenbaum; 16. Privacy, technology, and regulation: why one size is unlikely to fit all Andreas Busch; 17. The value of privacy federalism Paul M. Schwartz.

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Book SynopsisThis book draws on empirical analysis to question traditional assumptions about emergencies as 'exceptions' and to develop an alternative conceptual framework for the study of emergency powers' long-term effects. Its original analysis will be of interest to academics and students of international law, domestic public law, and political science.Trade Review'Karin Loevy manages in this book to provide what I had thought impossible given the extensive literature on the topic of states of emergency - a wholly novel and most productive perspective. She argues that one needs to take a long view of how to understand emergencies, that is, not as events of short duration but rather as unfolding over lengthy periods, which in turn enables her to understand emergencies in terms of dynamic trends and processes rather than as discrete events. She thus sheds important new light on the relationship between the norm and the exception.' David Dyzenhaus, University of Toronto, and Fellow of the Royal Society of Canada'In this bold and powerfully argued book, Loevy shows how certain theoretical frameworks for understanding emergencies have led us astray. Digging beneath the prevailing imagery of sovereign deciders and sudden ruptures in the fabric of everyday governance, Emergencies in Public Law reveals a more complex and dynamic politics of competing institutions, layered temporalities, and political mobilizations. By combining conceptual work with well-selected and carefully researched case studies of emergencies, this book is a model of empirically engaged legal and political theory.' Leonard Feldman, Hunter College, City University of New York'In Emergencies [in] Public Law, Loevy gives us an erudite and magisterial account of emergency powers, leading us through time and place from ancient Rome to Alexandria, DC to Guantánamo Bay, and from Belmarsh prison to the Israeli Supreme Court to disaster relief efforts in the Irrawaddy Delta in Myanmar. Along the way, Loevy offers us a fresh perspective on emergency powers that challenges the standard theoretical accounts, reframing emergencies and our legal responses to them as complex and dynamic processes requiring flexibility, reflexivity, and adaptability. Her provocative book will send us back to the drawing board with a new set of tools for containing emergencies.' Victor V. Ramraj, University of Victoria, CanadaTable of ContentsIntroduction; Part I. Theories of Containment: 1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions; 2. The legacy of the models in the legal politics of emergencies; Part II. Practices of Containment: 3. The legal politics of definitions: Article 15 derogations in the House of Lords; 4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament; 5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008; 6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court; Part III. Consequences of Containment: 7. The legal politics of change and continuity in emergencies; 8. Horizons of containment: a dialectic process story of emergencies and change; Epilogue.

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Book SynopsisMany governments face similar pressures surrounding the hotly debated topic of immigration. Yet, the disparate ways in which policy makers respond is striking. The Comparative Politics of Immigration explains why democratic governments adopt the immigration policies they do. Through an in-depth study of immigration politics in Germany, Canada, Switzerland, and the United States, Antje Ellermann examines the development of immigration policy from the postwar era to the present. The book presents a new theory of immigration policymaking grounded in the political insulation of policy makers. Three types of insulation shape the translation of immigration preference into policy: popular insulation from demands of the unorganized public, interest group insulation from the claims of organized lobbies, and diplomatic insulation from the lobbying of immigrant-sending states. Addressing the nuances in immigration reforms, Ellermann analyzes both institutional factors and policy actors'' strategiTrade Review'With a sophisticated research design and deep knowledge of immigration politics across a range of liberal democracies, Antje Ellermann offers us a powerful explanation of why countries open and close their borders over time. The Comparative Politics of Immigration will be an instant classic in the field and a touchstone for anyone seeking to understand the complexities of immigration policy.' James F. Hollifield, Tower Center, SMU'I know of no book that more compellingly demonstrates the importance of political structures for explaining why some countries end up with liberal and others with restrictive immigration policies. Known for her brilliant previous book on deportations, Antje Ellermann is one of the leading political scientists studying immigration today.' Christian Joppke, University of Bern'The Comparative Politics of Immigration is the most intellectually satisfying analysis of immigration politics and policymaking available. Antje Ellermann masterfully combines high level theorizing, meticulous empirical research, and careful comparison to help us understand why contemporary liberal-democratic states have pursued such differing immigration policies despite facing similar challenges. A seminal work by an outstanding scholar.' Triadafilos Triadafilopoulos, University of Toronto'One of the book's greatest strengths is the clarity with which Ellermann presents a wide range of policy options in her case studies. She provides a nuanced analysis of immigration politics and policymaking that moves beyond the traditional approaches of immigration policies. Her focus on the policy dynamics is sustained by compelling arguments for each country examined.' Ariane Chebel D'Appollonia, Political Science QuarterlyTable of Contents1. Introduction; 2. Theorizing immigration policy: veto points and the insulation logics of policy arenas; 3. The making of Swiss immigration policy: explaining permanent and temporary economic admissions; 4. The making of German immigration policy: explaining permanent and temporary economic admissions; 5. The making of Canadian immigration policy: explaining economic and family admissions; 6. The making of U.S. immigration policy: explaining economic and family admissions; 7. Conclusion

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Book SynopsisEvery government engages in budgeting and public financial management to run the affairs of state. Effective budgeting empowers states to prioritize policies, allocate resources, and discipline bureaucracies, and it contributes to efficacious fiscal and macroeconomic policies. Budgeting can be transparent, participatory, and promote democratic decision-making, or it can be opaque, hierarchical, and encourage authoritarian rule. This book compares budgetary systems around the world by examining the economic, political, cultural, and institutional contexts in which they are formulated, adopted, and executed. The second edition has been updated with new data to offer a more expansive set of national case studies, with examples of budgeting in China, India, Indonesia, Iraq, and Nigeria. Chapters also discuss Brexit and the European Union''s struggle to require balances budgets during the Euro Debt Crisis. Additionally, the authors provide a deeper analysis of developments in US budgetary policies from the Revolutionary War through the Trump presidency.Table of Contents1. Comparative Budgeting; 2. Budgeting in the United States; 3. Budgeting in Commonwealth Countries; 4. Budgeting in the European Union; 5. Budgeting in Central Eastern Europe and the Former Soviet Union; 6. Budgeting in Latin America;7. Budgeting in Diverse Cultural Settings; 8. Comparative Budgeting: Summary and Conclusion.

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Book SynopsisThis book integrates legal, economic, and administrative materials about the value added tax (VAT) to present the only comparative approach to the study of VAT law. The second edition includes new VAT-related developments in Europe, Asia, Africa, and Australia and adds new chapters on VAT avoidance and evasion and on China's VAT.Table of Contents1. Introduction; 2. Forms of consumption-based taxes and altering the tax base; 3. Varieties of VAT in use; 4. Registration, taxpayer, and taxable business activity; 5. Taxable supplies of goods and services and tax invoices; 6. The tax credit mechanism; 7. Introduction to cross-border aspects of VAT; 8. Timing and valuation rules; 9. Zero rating and exemptions and government entities and nonprofit organizations; 10. VAT evasion and avoidance; 11. Gambling and financial services (other than insurance); 12. Insurance; 13. Real property; 14. An anatomy of China's VAT; 15. Interjurisdictional aspects of VAT in federal countries and common markets.

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Book SynopsisThe Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has emerged as a distinct model of security institution, while the region''s contemporary security landscape has diversified with various non-traditional security issues. By looking beyond the veneer of diplomacy and prevailing political circumstances, this book examines the legal nature and form of ASEAN''s authority to address diverse regional security issues. It provides a fresh perspective on ASEAN''s role as a security institution. With an interdisciplinary analysis, this book reveals the normative role that ASEAN plays in facilitating the processes of norm development, localisation and inTable of ContentsIntroduction; 1. ASEAN as a security institution: its legal, normative and institutional framework; 2. Nuclear security; 3. Counter-terrorism; 4. Maritime security; 5. Cyber security; 6. Human trafficking and people smuggling; 7. Food security; Conclusion.

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Book SynopsisMajor land reform programs have reallocated property in more than one-third of the world''s countries in the last century and impacted over one billion people. But only rarely have these programs granted beneficiaries complete property rights. Why is this the case, and what are the consequences? This book draws on wide-ranging original data and charts new conceptual terrain to reveal the political origins of the property rights gap. It shows that land reform programs are most often implemented by authoritarian governments who deliberately withhold property rights from beneficiaries. In so doing, governments generate coercive leverage over rural populations and exert social control. This is politically advantageous to ruling governments but it has negative development consequences: it slows economic growth, productivity, and urbanization and it exacerbates inequality. The book also examines the conditions under which subsequent governments close property rights gaps, usually as a result of democratization or foreign pressure.Trade Review'Low productivity in agriculture condemns many countries and regions to poverty. This erudite book combines history and detailed data analysis to show that low productivity is often caused by a property rights gap, created by regimes trying to cultivate large masses of peasants dependent on them. The book explains where these missing property rights in land emerge, what they imply for inequality and poverty, and how they can be overcome. This is first-rate social science that should inform modern debates on development and policy.' Daron Acemoglu, Massachusetts Institute of Technology'In this landmark study, based on more than a decade of intrepid fieldwork and imaginative analysis of the most comprehensive dataset on rural property rights ever assembled, Michael Albertus systematically unravels the great puzzle of why so many states fail to provide secure property rights over land to their citizens. This pathbreaking book convincingly exposes the political motives that lead governments to open and maintain wide gaps in property rights, and that induce democracies to close them.' Larry Diamond, Stanford University'This outstanding book makes the case for understanding why governments distribute land but not secure property rights to rural dwellers. These property rights gaps are of great consequence throughout the developing world. Yet they are poorly understood. Whereas these gaps are often attributed to misguided policy or state weakness, Albertus makes a compelling case that they are rooted in political choices, often aimed at sustaining autocracy. This book is essential reading for anyone interested in the politics of rights and redistribution.' Steven Levitsky, Harvard University'Around the world millions of rural dwellers live in a state of limbo in which they receive property but few if any rights over that property. With a broad comparative perspective, this book offers a novel theory, in-depth case studies, and sophisticated empirical analyses about this important phenomenon. It is a must-read for those interested in development, political regimes, land reform and the politics of economic redistribution.' Beatriz Magaloni, Stanford University'… book's overall quality will likely make it an influential contribution to the literature of rural politics for many years. Highly recommended.' D. Newcomer, ChoiceTable of Contents1. Introduction; 2. Conceptualizing and Measuring the Property Rights Gap; 3. The Political Origins of the Property Rights Gap; 4. Evidence on the Rise and Fall of Property Rights Gaps in Latin America; 5. Consequences of the Property Rights Gap; 6. Opening and Closing a Property Rights Gap in Peru; 7. The Long-Term Consequences of Peru's Property Rights Gap; 8. Property Rights Gaps Around the World; 9. Conclusion.

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Book SynopsisWith the recent global economic crisis, attitudes and practices in relation to intellectual property valuation are changing as exemplified by the dichotomy explained in this book, which makes it unique. While there has been a move towards global harmonisation in terms of valuation of both tangible and intangible assets that are based on innovation, there is also a tendency against global harmonisation because of cultural attitudes and practices of different countries. This can be seen most acutely in relation to intellectual property valuation in Asia, especially East Asia, which often differs from the West's perception of valuation. The book is written by experts in intellectual property, valuation and innovation who are mainly practitioners covering innovators, marketers, accountants, social innovators and business and management academics. The breadth and practitioner background of most of the contributors make the material relevant to those involved in valuation, economics,Trade Review"The editor of the book, Prof Ruth Taplin, who herself is a leading strategic commentator in this field, has assembled nine packed chapters each written by a guru in his or her area, ranging from technology to health to shipping. They confirm that valuation is increasing in complexity, whether in the residual value of maritime assets, or in financial services products. A key feature of the volume, the 18th book to date edited and/or authored by Prof Taplin, is that it threads through many disciplines to stimulate greater understanding of the buzzing world of innovation, as it asks how the US legal-economic model, with its short-term outlook, and the more family-oriented ethos of many companies in Asia, will handle the shock of mutual conflict." - James Brewer, allaboutshipping.co.uk"In conclusion, two things in particular I like about this book. First, the book demonstrates, in multiple chapters, the complex interaction among IP, entity value, and innovation. Second, the book highlights a trend that will be with us for decades to come – that is, the simultaneous withering of IP with the rise of open innovation, and the increasing importance of privately owned and enforced IP for companies to capture the value inherent in their innovations.This is a thought-provoking book and a great read, well worth the time and effort for anyone involved in the general business of innovation or intellectual property." - Larry M. Goldstein, U.S. Patent Attorney"Accurate assessment of intellectual property has always presented challenges to economists and academics. But, as technological innovation continues to blur political and cultural boundaries, it's necessary, more than ever, to re-examine the fundamental meaning of valuation. Ruth Taplin’s Intellectual Property Valuation & Innovation Towards Global Harmonisation, advances the discourse through 9 chapters, which examine the valuation of tangible and intangible assets in the evolving ‘glocalized’ economy. "Stuart Ake of The Wine FoundryTable of Contents 1.Overview and introduction 2. Future of innovation and intellectual property 3. Creating value in health care through social innovation 4. The financial reporting of research and development costs and its signalling effects on firms' market values 5. Value-energy interrelationship and dynamic added value taxation 6. Residual value insurance in the maritime sector 7. From co-creation to entrepreneurialism: mobile apps and other examples 8. Big Data and innovation 9. Innovation, valuation and crisis

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Book SynopsisWhat is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer ''hermeneutic'' help: they enable us to see ''our'' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the ''theoretical foundations'' (Part I) and some important ''historical experiences'' (Part II), it moves on to a discussion of the core ''constitutional principles'' (Part III) and ''state institutions'' (Part IV); finally it analyses formTrade Review'This collection of analytic essays on topics ranging from institutions of governance to concepts central to constitutionalism provides a fine introduction to the state of the field.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University'We have entered the golden age of comparative constitutionalism. The digital revolution has made foreign legal sources more easily accessible, modern advances in transportation have made the world smaller, and scholarly collaborations across borders have pushed the boundaries of our knowledge. And yet many fundamental questions in comparative constitutionalism remain contested or even unanswered: how to compare, what to compare, and more importantly why to compare? Masterman and Schütze have assembled an all-star team of leading authorities in the study of constitutionalism to guide both experienced scholars and new students through the most important inquiries in the field. The future of public law is comparative, and this outstanding volume will be an invaluable resource for understanding the stakes and challenges that await.' Richard Albert, William Stamps Farish Professor of Law, University of Texas, Austin'This Cambridge Companion to Comparative Constitutional Law stands out for its in-depth pursuit of well-selected themes. It offers the scholar and student an authoritative account of the theoretical foundations and historical foundations of global constitutionalism, as well as its core principles, institutions and dynamics.' Adrienne Stone, Redmond Barry Distinguished Professor, University of Melbourne'In times of flourishing comparative constitutional law studies, this Cambridge Companion addresses the main issues in the field, with a view to orient scholarly approaches towards systematic comparative work. In an ever more connected world, such stimulating enterprise will enhance the comprehension of the challenges at stake, as well as the communication among different methodologies and theories.' Cesare Pinelli, Sapienza - Università di Roma'This Companion assembles a remarkable cast of leading scholars on comparative constitutional law. The chapters adopt a panoramic view in interrogating the field from its theoretical and historical foundations through to its present-day significance. This Companion is an important and valuable contribution on a subject of ever-growing significance.' George Williams, Dean and Anthony Mason Professor, University of New South Wales'Combining magnitude and accuracy, here is a new instrument, original in its design, as complete as possible, which will allow any reader to satisfy his curiosity by measuring the importance and interest of this new scientific field. Here is a book that makes it possible to understand better, at the time of globalization, the stakes of a comparative confrontation between the main modes of constitutional arrangement in the world.' Vlad Constantinesco, Université de Strasbourg'The essays are well grounded, nicely written, and fair in their legal-political arguments. Together they constitute a good picture of where the world now stands with respect to constitutionalism.' S. N. Katz, ChoiceTable of ContentsPart I. Theoretical Foundations: 1. Comparative methodologies Ran Hirschl; 2. Constitutionalism(s) Robert Schütze; Part II. Historical Experiences: 3. The United Kingdom constitution Mark Elliott; 4. French constitutional law Denis Baranger; 5. US constitutional law Vicki C. Jackson; 6. The constitution of the Republic of India Anashri Pillay; 7. The constitution of China Qianfan Zhang; Part III. Constitutional Principles: 8. Democracy Paul Craig; 9. Separation of powers Christoph Möllers; 10. The rule of law András Sajó; 11. Human rights law Conor Gearty; 12. Federalism Raffaele Bifulco; Part IV. State Institutions: 13. Parliaments Nicola Lupo; 14. Governments Philipp Dann; 15. Administration Susan Rose-Ackerman; 16. Courts with constitutional jurisdiction Cheryl Saunders; 17. Independent fiscal institutions Cal Viney and Thomas Poole; Part V. Transnational Constitutionalism: 18. Multi-layered constitutions Roger Masterman; 19. International constitutionalism Jan Klabbers; 20. European constitutionalism Kaarlo Tuori; 21. A new Commonwealth constitutionalism? Claudia Geiringer; 22. Constitutional transplants Gábor Halmai.

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Book SynopsisBrings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.

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Book SynopsisAs attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.Table of Contents1. A Case-Based Approach to Comparative Company Law David Cabrelli and Mathias Siems PARTS 1 to 3 COMPARATIVE CASE STUDIES Country reports by Sonja Siggberg, Jesse Collin and Lena Nordman (Finland), Pierre-Henri Conac (France), Mathias Siems (Germany), Marco Ventoruzzo and Corrado Malberti (Italy), Hisaei Ito and Hiroyuki Watanabe (Japan), Theis Klauberg (Latvia), Mieke Olaerts and Bastiaan Kemp (the Netherlands), Michal Zurek and Kamil Szmid (Poland), Irene-marié Esser and Piet Delport (South Africa), Pablo Iglesias-Rodríguez (Spain), David Cabrelli (UK), Martin Gelter, Nemika Jha and D Gordon Smith (US) PART 1 DIRECTORS’ DUTIES AND LIABILITY 2. General Case on Directors’ Duties Edited by Theis Klauberg 3. Duties of Nominee Directors Edited by Martin Gelter, Nemika Jha and D Gordon Smith 4. Obligations of Directors in Takeovers Edited by Pablo Iglesias-Rodriguez 5. Cross-Border Takeovers and Takeover Defences Edited by Sonja Siggberg, Jesse Collin and Lena Nordman PART 2 CREDITOR PROTECTION 6. Piercing the Corporate Veil Edited by Hisaei Ito and Hiroyuki Watanabe 7. Capital Maintenance Edited by MichalZurek and Kamil Szmid PART 3 SHAREHOLDER PROTECTION 8. Shareholders and Shareholder Law Edited by Pierre-Henri Conac 9. Abuse of Shareholder Rights Edited by Mathias Siems 10. Shareholders’ Rights and Litigation Edited by David Cabrelli 11. Limitations on the Shareholder’s Right to Transfer Shares Edited by Corrado Malberti and Marco Ventoruzzo PART 4 CONCLUSION 12. A Rule-Based Comparison and Analysis of the Case Studies David Cabrelli and Irene-marie Esser 13. A Quantitative Analysis of Similarities and Diff erences in Form, Style and Substance Mathias Siems

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Book SynopsisThis is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.Trade ReviewExcellent book which will be a joy to work with in this course. -- Lukas Rademacher * University of Cologne *Just excellent throughout. Hard to think what more it could offer, or how the quality could be improved. Thanks to all involved for such a tremendous resource. -- Colm McGrath * King's College London *Table of ContentsPART 1 INTRODUCTION 1. GENERAL TRENDS IN MODERN CONTRACT LAW 2. EUROPEAN UNION LAW ON CONTRACTS 3. PRINCIPLES, SOFT LAW AND LEGISLATIVE PROPOSALS IN EUROPEAN CONTRACT LAW 4. NATIONAL CONTRACT LAWS IN A EUROPEAN CONTEXT 5. NOTIONS OF CONTRACT 6. CONTRACT AND ADJOINING AREAS 7. CATEGORISATION OF CONTRACTS ACCORDING TO PARTIES PART 2 FORMATION 8. OFFER AND ACCEPTANCE 9. SUFFICIENCY OF AGREEMENT 10. INTENTION TO CREATE LEGAL RELATIONS 11. CAUSE AND CONSIDERATION 12. FORMAL REQUIREMENTS 13. PRECONTRACTUAL NEGOTIATIONS PART 3 FRAUD, ABUSE, IMMORALITY 14. FRAUD, MISTAKE AND MISREPRESENTATION 15. THREATS 16. ABUSE OF CIRCUMSTANCES 17. IMMORAL AND ILLEGAL CONTRACTS PART 4 CONTENT OF CONTRACTS 18. INTERPRETATION 19. THE OBLIGATIONS OF THE PARTIES: SALES AND SERVICES CONTRACTS 20. SUPPLEMENTATION AND IMPLICATION OF TERMS 21. UNFAIR CLAUSES PART 5 REMEDIES FOR NON-PERFORMANCE 22. THE RANGE OF REMEDIES FOR BREACH OF CONTRACT 23. SPECIFIC PERFORMANCE 24. WITHHOLDING PERFORMANCE 25. TERMINATION 26. DAMAGES 27. REMEDIES FOR NON-CONFORMING GOODS AND SERVICES PART 6 SUPERVENING EVENTS 28. IMPOSSIBILITY OF PERFORMANCE 29. HARDSHIP, IMPRÉVISION 30. CLAUSES DEALING WITH SUPERVENING EVENTS PART 7 THIRD PARTY CONSEQUENCES 31. CONTRACTS FOR THE BENEFIT OF THIRD PARTIES 32. AGENCY 33. ASSIGNMENT

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Book SynopsisHow do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its ‘formalism’, ‘legalism’ and ‘exceptionalism’ compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.Table of Contents1. Rights, Rhetoric and Reality: An Overview of Rights Protection in Australia Matthew Groves, Janina Boughey and Dan Meagher 2. Australia’s Constitutional Design and the Protection of Human Rights George Williams 3. Chapter III of the Constitution and the Protection of Due Process Rights Anthony Gray 4. The High Court’s Implied Rights Experiment Tony Blackshield 5. The Reception of International Law in Constitutional Litigation – The Al-Kateb Battle and its Aftermath Adam Fletcher 6. International Law, Administrative Powers and Human Rights: The Legacy of Teoh Matthew Groves 7. The Australian Human Rights Commission Edward Santow 8. The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth): A Failed Human Rights Experiment? Lisa Burton Crawford 9. The Nature and Limitations of Commonwealth Anti-Discrimination Law Colin Campbell 10. ‘Culture, What Culture?’ Why We Don’t Know if the ACT Human Rights Act is Working Simon Rice 11. The Victorian Charter: A Slow Start or Fundamentally Flawed? Janina Boughey 12. International Human Rights Treaties and Institutions in the Protection of Human Rights in Australia Madelaine Chiam 13. The Recognition and Protection of Indigenous Rights Edward Synot and Dylan Lino 14. Federalism, Public Interest Advocacy and Marriage Equality in Australia Gabrielle Appleby and Adam Webster 15. Freedom of Religion Nicholas Aroney and Benjamin B Saunders 16. A Fair Trial for Accused Terrorists Rebecca Ananian-Welsh 17. A Search for Rights: Judicial and Administrative Responses to Migration and Refugee Cases Emma Dunlop, Jane McAdam and Greg Weeks 18. Proportionality and the New Postwar Juridical Paradigm: A Challenge to Australian Exceptionalism? Shipra Chordia 19. A Common Law Bill of Rights Dan Meagher 20. Against a Constitutional Bill of Rights in Australia Jeffrey Goldsworthy 21. Designing an Australian Bill of Rights: The Normative Trade-offs Scott Stephenson

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Book SynopsisThis book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US ‘organising model’ and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the ‘Fight for $15’ and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers’ Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.Trade ReviewThis book provides an insightful synthesis of industrial activity abroad, and thoughtful potential solutions to reversing union woes. -- Grace Morgan Cocks * Alternative Law Journal *Professor Forsyth makes this need for comprehensive and structural trade union action and policy measures strikingly evident. He does so in a well-written, enlightening, and stimulating book underpinned by a robust legal and industrial relation analysis. There is no doubt that The Future of Unions and Worker Representation will be a most valuable resource for academics, researchers, and students in labour law and industrial relations for many years to come. -- Valerio de Stefano * Industrial Law Journal *The Future of Unions and Worker Representation: The Digital Picket Line is an important book which comes at a critical time for the union movement. To fulfil the promise of revitalisation, unions must forge lasting connections with the newest generations of workers who have grown up as digital natives. The book builds a convincing case for reform, both of external legal frameworks and of unions themselves. It also builds a compelling case through its analysis of union activity in the gig economy and during the pandemic of the continuing necessity of trade unions and their important place as agents of all working people. -- Shae McCrystal * Australian Journal of Labour Law *Table of Contents1. Introduction I. Unionising Big Tech II. Aims and Scope III. Why Compare the USA, the UK, Australia and Italy? IV. Chapter Overview V. The Digital Picket Line 2. A Snapshot of Union Decline in the Four Countries I. Introduction II. Challenging Times for Trade Unions in the USA, the UK and Australia III. The Differing Trajectory of Union Membership and Worker Representation in Italy IV. Conclusion 3. The Legal Framework for Unions and Worker Representation in the Four Countries I. Introduction II. The USA III. The UK IV. Australia V. Italy VI. Conclusion 4. Unions in the USA: From the Organising Model to Alt-Labour I. Introduction II. The AFL-CIO Organising Model III. Change to Win IV. Unions Bypass the Broken NLRA Process V. Looking Further Afield: Unions in the Community, Alt-Labour and Bargaining for the Common Good VI. A (Seemingly) Lost Cause: Unions and Labour Law Reform VII. Conclusion 5. Australian Unions: From the Accord to ‘Change the Rules’ I. Introduction II. Early 1990s: The Legacy of the Accord III. Adopting the Organising Model IV. Campaigning for Legal Change: Ending Work Choices and the Return of a Labor Government V. Unions on the Defensive again as the Coalition Returns to Government VI. Union Decline Intensifies, Spawning Exploration of New Membership Models VII. The ‘Change the Rules’ Campaign and its Aftermath VIII. Conclusion 6. Australian Unions: Innovations, Amalgamations and Organising Beyond the Workplace I. Introduction II. New Union Models and Digital Prototypes III. Back to the Future: A New Wave of Union Mergers IV. Campaigning and Organising Beyond the Workplace V. Conclusion 7. The UK: From ‘New Unionism’ to Indy and Digital Unions I. Introduction II. The UK Variant of Organising III. ‘Third Way’ Unionism: The Partnership Agenda IV. Back into the Wilderness: Unions Confront Austerity, Brexit and the Legacy of New Labour V. Up for a Scrap: Social Movements, ‘Indy Unions’ and #McStrike VI. ‘An Alternative to Simply not being Present’: New Membership Models and Digital Experiments VII. Conclusion 8. Italian Unions: Fighting for the Marginalised I. Introduction II. Specialist Unions for Precarious Workers – And Challenging Agency Work III. Italian Unions and Migrant Workers IV. Building (Rank-and-File) Union Strength in the Logistics Sector V. Conclusion 9. Unions and the Gig Economy: Advocacy, Campaigning, Mobilising I. Introduction II. Overview of the Gig Economy in the Four Countries III. The Mirage of Liberating Work in the Gig Economy IV. Enter, the Unions … V. Exposing the Reality of Gig Work as a Basis for Advocacy, Campaigning and Mobilising VI. Conclusion 10. Unions and the Gig Economy: Misclassification Test Cases and Collective Bargaining I. Introduction II. ‘Litigating the Digital Platform Model’: Legal Challenges to the Misclassification of Gig Workers III. ‘Staying United to Reverse the Race to the Bottom’: Collective Bargaining in the Gig Economy IV. Conclusion 11. What is the Future of Unions and Worker Representation? What Changes are Needed in Labour Laws? I. Introduction II. A Pathway to Union Revitalisation III. Reforming Labour Law to Empower Workers and Unions to Win IV. Conclusion 12. The COVID-19 Pandemic: The Undeniable Case for Unions I. Introduction II. Union Involvement in National Responses to the COVID-19 Emergency III. Income Protection IV. Protecting Workers’ Safety V. Conclusion: Implications of the Pandemic for Trade Unions

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Book SynopsisThis book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada’s Charter of Rights predates the United Kingdom’s Human Rights Act by some 20 years, and in the 40 years of the Charter’s existence, Canada’s Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the ‘horizontal’ impact of human rights norms, and the proper role of judicial ‘dereference’ to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children’s upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom’s public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.Table of Contents1. Introduction Ian Loveland, City, University of London, UK 2. Assisted Dying Carmen Draghici, City, University of London, UK 3. Voting Rights for Prisoners Susan Easton, Brunel University, UK 4. Horizontal Effect of Human Rights in the UK and Canada Nicholas Bamforth, University of Oxford, UK 5. Private Law, Public Law, Libel Law Ian Loveland, City, University of London, UK 6. Criminalising Pornography Tara Beattie Durham University, UK and Gavin Phillipson, Bristol University, UK 7. ‘Labouring under the Canadian Constitution’ Revisited KD Ewing, Kings’ College, London, UK 8. Wearing Religious Symbols Nicholas Hatzis, City, University of London, UK 9. Raising Children in Accordance with Unorthodox Religious Beliefs Rachel Taylor, University of Oxford, UK

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Book SynopsisWhat is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of ‘people’ and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people’s representation.Table of Contents1. Introduction Giuliano Amato (Italian Constitutional Court) PART I WHAT IS THE RULE OF LAW ABOUT? 2. Rule of Law Between XVIIth and XIXth Century Paolo Alvazzi del Frate and Alberto Torini (Università di Roma Tre, Italy) 3. Rule of Law Metamorphoses in the Twentieth Century Luigi Lacchè (University of Macerata, Italy) 4. Rule of Law and Democracy Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany) 5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission’s Communication Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov (CEU Democracy Institute) PART II THE PEOPLE 6. The People v. Democracy? The Populist Challenge to Judicial Review Justin Collings (Brigham Young University, USA) 7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law Simone Chambers (University of California at Irvine, USA) 8. Élite vs People Yves Mény (Scuola Superiore Sant’Anna, Italy) 9. The Double Fiction of the People Cesare Pinelli (University of Rome Sapienza, Italy) 10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood Jan-Werner Müller (Princeton University, USA) 11. Does Illiberal Democracy Exist? Gabor Halmai (European University Institute, Italy) 12. Majority Rule, Democracy, and Populism: Theoretical Considerations Wojciech Sadurski (University of Sydney, Australia) 13. New Technologies at the Service of Deliberative Democracy José Luis Martì (Pompeu Fabra - Barcelona, Spain) PART III DEMOCRACY AND ITS ENEMIES 14. Is Still Democracy the Worst Form of Government Except All Others? Gianfranco Pasquino (Alma Mater Studiorum Bologna, Italy) 15. The Old-Fashioned (or Out of Fashion?) Prohibition on a Binding Mandate Benedetta Barbisan (University of Macerata, Italy) 16. Party Fatigue in European Democracies Piero Ignazi (Alma Mater Studiorum Bologna, Italy) 17. Market Power and Democracy Antonio Cucinotta (University of Messina, Italy) 18. Economic Crisis and Liberal Democracies Moreno Bertoldi and Michele Salvati (University of Milan, Italy) 19. Social Identities, Borders and Majorities Gian Primo Cella (University of Milan, Italy) PART IV ELECTED AND NON ELECTED 20. The Role of Judges in a Representative Democracy Lord Mance (UK Supreme Court) 21. Closely Observed Judges, or the Great Comeback of Authoritarianism in Poland Malgorzata Gersdorf (Supreme Court of Poland) and Mateusz Pilich (University of Warsaw, Poland)

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.Table of ContentsPreface Contributors Table of Cases Table of Legislation 1. Introduction Paul S Davies (University College London, UK) and Tan Cheng-Han SC (City University of Hong Kong) 2. The Fiduciary Status of Agents Matthew Conaglen (University of Sydney, Australia) 3. Ministerial Acts Rachel Leow (National University of Singapore) 4. Justifications for and Limitations on Interventions by Undisclosed Principals William Day (University of Cambridge / 3 Verulam Buildings, UK) 5. Agency Theory Revisited and Practical Implications Gerard McMeel KC (University of Reading, UK) 6. Platform Liability for Terrorist Activities Ying Hu (National University of Singapore) 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market Roger Alford (University of Notre Dame, USA) 8. The Platform as Agent Deborah A DeMott (Duke University, USA) 9. Online Intermediary Platforms and English Contract Law Christian Twigg-Flesner (University of Warwick, UK) 10. Agency, Artificial Intelligence and Algorithmic Agreements Tan Cheng-Han SC (City University of Hong Kong) 11. Client-Intermediary Relations in the Crypto-Asset World Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong) 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent? Laura Macgregor (University of Edinburgh, UK) 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) 15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore) 16. Adjudicating Intermediary-Related Losses Hans Tjio (National University of Singapore) 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation Alexander Loke (City University of Hong Kong) 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power Sarah Paterson (London School of Economics and Political Science, UK)

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries.Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries.A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.

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Book SynopsisDoes a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.Table of ContentsIntroduction Mavis Maclean (University of Oxford, UK) PART A BOUNDARIES 1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in Canada Rachel Treloar (Keele University, UK) 2. Co-operation: The Glue that Unites the Danish Family Justice System Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, the Netherlands) 3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the Netherlands Bregje Djksterhuis (University of Utrecht, the Netherlands) and Alexander Flos (VU University Amsterdam, the Netherlands) 4. Implementing Gender Equality as an Aim of the Swiss Family Justice System Michelle Cottier, (University of Geneva, Switzerland), Binda Sahdeva (University of Geneva, Switzerland), and Gaelle Aeby (University of Geneva, Switzerland) PART B PARTICIPANTS 5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees? Benoit Bastard (University of Paris-Saclay, France) 6. Family Matters in the Polish Court: Law and Public Opinion Malgorzata Fuszara (University of Warsaw, Poland) and Jacek Kurczewski (University of Warsaw, Poland) 7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health Crisis Teresa Picontó (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain) PART C INNOVATIVE PRACTICE 8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the Netherlands Masha Antokolskaia (VU University of Amsterdam, the Netherlands), Marit Buddenbaum (VU University of Amsterdam, the Netherlands), and Lieke Coenraad (VU University of Amsterdam, the Netherlands) 9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and Wales Jane Krishnadas (Keele University, UK) PART D MAJOR POLICY CHANGE 10. Developing Holistic and Inclusive Family Justice in Argentina Julieta Marotta (Maastricht University, the Netherlands) 11. Raising Questions on the Family Justice System in Turkey: An Ambivalent Fragmentation Verda Irtis (Galatasaray University, Turkey) 12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers? Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia) 13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute Resolution Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany) 14. What is a Family Justice System for? Concluding Observations and Next Steps Mavis Maclean (University of Oxford, UK)

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Book SynopsisThis book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court’s final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.Trade ReviewMeticulously researched, well presented, and thoroughly referenced, this book represents a major contribution to insolvency scholarship. It will also be valuable to those with a more general interest in corporate restructuring laws as well as insolvency laws in Asia. The methodology will be of interest to comparative law scholars in Asia, the UK, and the US, not only to those with an interest in insolvency law. The book is an extremely valuable addition to the Hart Series on Contemporary Studies in Corporate Law. -- Jingchen Zhao, Nottingham Trent University * International Insolvency Review *This book plugs a significant gap in the literature concerning restructuring and insolvency law and policy in Asia and will be a valuable resource for academics, practitioners, and those who engage in policy formulation and law reform. -- Andrew Godwin, University of Melbourne * The Chinese Journal of Comparative Law *In this excellent new book Professor Wan critically analyses the development of corporate restructuring law in four Asian jurisdictions: Hong Kong, Singapore, Mainland China, and India. Her controlling argument is that all of these jurisdictions have borrowed ideas from corporate restructuring law in the US and the UK, but that the organisational and institutional environment is very different in each of them so that adaptations are necessary for the legal transplants to flourish in their new soil. The book makes a highly significant contribution to the literature ... What emerges is a fascinating, readable, rigorous, and highly compelling piece of research. * Sarah Paterson, Professor of Law, London School of Economics and Political Science, UK *Professor Wan’s new book provides a fascinating deep dive into the insolvency regimes of China, Hong Kong, India, and Singapore. Professor Wan traces the evolution of each regime and highlights the influence that American and English systems had on that evolution. In doing so, she develops a new framework for measuring the success of restructuring laws and persuasively challenges the idea that American and English principles of restructuring can simply be transplanted to any jurisdiction regardless of local institutions and laws. This book is a must read for anyone interested in the law of corporate restructuring or comparative law more generally. * Anthony J Casey, Donald M Ephraim Professor of Law and Economics, University of Chicago, USA *In this masterful monograph, Professor Wai Yee Wan combines economic analysis with detailed institutional knowledge to assess the application of American- and British-style business reorganization law to the economies and legal environments of Mainland China, Hong Kong, India, and Singapore. Her book is rich in comparative information on these four Asian legal regimes, and she offers insightful conclusions and persuasive recommendations. Of particular importance is her original analysis of the challenges of the employment of an Anglo-American reorganization model in jurisdictions whose businesses are, as contrasted with those in the US and UK, characterized by concentrated share holdings. * Richard Squire, Professor of Law & Alpin J Cameron Chair in Law, Fordham Law School, USA *This book presents a theoretically rich and intellectually stimulating account of corporate restructuring in Hong Kong, Singapore, India and Mainland China. The corporate insolvency regimes of these jurisdictions have all been influenced to differing degrees by Anglo-American models. Wan interrogates the appropriateness of this in the very different economic and social context of business practice in these four Asian economies. Through careful examination of relevant law and the use of empirical data, she identifies a number of key differences that pull towards the need for these jurisdictions to consider their own policy imperatives and possible reforms. * Sally Wheeler OBE, Robert Garran Professor of Law, Australian National University, Australia *Table of Contents1. Introduction and Theoretical Framework 1.1. Overview 1.2. Restructuring Models in Anglo-America and Asia 1.3. Understanding the Interaction between Corporate Governance and Restructuring Law 1.4. Building an Analytical Framework 1.5. Methodology 1.6. Organisation of the Book 2. Development of Corporate Restructuring Law in Four Asian Jurisdictions 2.1. Introduction 2.2. Emerging Jurisdictions 2.3. Advanced Jurisdictions 2.4. Conclusion 3. The Agency Costs of Manager–Creditor and Shareholder–Creditor Relationships in Restructuring 3.1. Introduction 3.2. Institutional and Organisational Background 3.4. Addressing Information Asymmetry and Hold-Out Problems in Asian Restructurings 3.5. Enhancing the Restructuring Regime: Lessons and Implications 3.6. Conclusion 4. The Agency and Coordination Costs of Creditor–Creditor Relationships in Restructuring 4.1. Introduction 4.2. Institutional and Organisational Background 4.3. Strategies to Deal with Agency and Coordination Costs of Creditor–Creditor Conflicts in Anglo-American Restructurings 4.4. The Features of Asian Restructurings 4.5. Enhancing the Restructuring Regime in Asia: Lessons and Implications 4.6. Conclusion 5. Managing Non-Performing Loans and their Impact on Agency and Coordination Costs in Two Emerging Jurisdictions 5.1. Introduction 5.2. Institutional and Organisational Background in the International Context for Resolving NPLs 5.3. Institutional Background to NPLs in India and Mainland China 5.4. AMCs and Variations to Agency and Coordination Costs in Restructuring 5.5. Developing Active Distressed Loan Markets in India and Mainland China 5.6. Conclusion, Lessons and Implications for Managing NPLs 5.7. Postscript 6. Insolvency Practitioners as Gatekeeper Intermediaries 6.1. Introduction 6.2. Role of Insolvency Practitioners: A Comparative Perspective 6.3. The Governance of Intermediaries: Accountability, Conflicts of Interest and Effectiveness 6.4. Lessons, Implications and Options for Reform in Asian Jurisdictions 6.5. Conclusion 7. Role of the Courts in Court-Supervised Restructurings 7.1. Introduction 7.2. Legislative Framework and Judicial Discretion in the US and the UK: Strengths and Limitations 7.3. Legislative Framework and Judicial Discretion in Asia 7.4. Lessons and Implications 7.5. The Experience of Mainland China 7.6. Conclusion 8. Relationship between Restructuring Law, Enforcing Contracts and Directors’ Duties 8.1. Introduction 8.2. Impact of Enforcing Creditor Rights on Restructuring Law 8.3. Analysis 8.4. Directors’ Duties and Incentives to Invoke or Use Restructuring Law 8.5. Conclusion 9. Restructuring Law, Implications for Reform and Conclusion 9.1. Introduction 9.2. Seven Propositions in this Book 9.3. Future Prospects for Reform in the Asian Jurisdictions 9.4. Conclusion

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Book SynopsisWhat effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone’s lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.Trade ReviewTechnology is fundamentally revolutionising the world of work - in this magisterial contribution, Aloisi and De Stefano traverse the impact of innovation on jobs, from the prospect of full automation to platform work and future-proofing labour law. It will be of great value to scholars and practitioners in law, labour market economics, and beyond. * Jeremias Adams-Prassl, Professor of Law, Oxford University, UK *Your Boss is an Algorithm is an indispensable resource to anyone thinking about how to understand and govern technology at work. Aloisi and De Stefano provide brilliant—and urgent—analysis of platform labor and the role of artificial intelligence in constraining our collective futures. But more critically, they provide a ‘future-proof’ framework to regulate innovation. * Veena Dubal, Professor of Law, University of California Hastings College of the Law, USA *Table of ContentsIntroduction 1. Navigating Uncharted Waters I. A Future Without Work? Raining on the ‘Full Automation’ Parade A. The ‘Robocalypse’ is Postponed to a Later Date II. The Digital is Political. Adopting a ‘Human in Command’ Approach 2. A Changing Labour Market I. The Consequences for the ‘Jobs that Remain’ II. Technology at Work A. Smart Robots, IoT and Manufacturing: Mind the Machines with Minds B. Remote Work, Out of Sight and Out of Place? Beyond the Pandemic Panopticon C. Selective Affinities: Matchmaking is the New Recruiting III. Work at the Service of Technology A. ‘People are Numbers’: Count or be Counted B. Working under the Algorithmic Boss C. Beating AI at its Own Game 3. Social Rights in the Digital Age I. What We Talk About When We Talk About ‘Platform Work’ (And Why Do We Talk About it So Much?) II. ‘What is Mine is Yours’. Doublespeak and the Mythology of Sharing A. Workers on Tap and Untapped Appetites B. The Platform Paradigm, Rethinking the Master–Server Dialectic C. The European Way: Strengthening the Social Dimension Step by Step III. Labour Law between Obsolescence and Resistance A. Regulation, Flexibility and the ‘Spirit’ of Innovation B. Moving Towards a Universal Model of Protection for Modern Times? C. The Big Family of Non-Standard Forms of Employment Conclusions: A Job Well Done I. Future-Proof Labour Law A. Universal Basic Income, Radical Measures in Search of Sustainability B. Collective Voice versus Digital Despotism: Negotiating the Algorithm C. And They Lived Happily and Connected Ever after: Saving the Digital Transformation from Itself

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Book SynopsisThis book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

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Book SynopsisIn this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.

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Book SynopsisFor centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.Table of Contents1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) Part I: Constitutional Challenges 2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece) 3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council) 4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands) 5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece) 6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy) Part II: Religious Freedom and Other Human Rights 7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France) 8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK) 9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy) 10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark) Part III: Supranational and Comparative Approaches 11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France) 12. Hunting Grounds for Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria) 13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece) 14. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA) Part IV: Securitisation and Islamophobia 15. Muslims in Europe: Religious Freedom and Security, Agustín Motilla (University Carlos III of Madrid, Spain) 16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) 17. Security and Liberty in the Shadow of Islamophobia in Europe, Merilin Kiviorg (University of Tartu, Estonia) 18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalía (University of Zaragoza,Spain) 19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Anastasia Litina (University of Macedonia, Greece) and Konstantinos Papastathis (Aristotle University of Thessaloniki, Greece)

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Book SynopsisThis book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman’s path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors’ essays. Some advance Ackerman’s theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical ‘people’ have spoken. A must-read for all interested in the current state of constitutionalism.Trade ReviewThe contributions to this excellent volume mount a formidable critique of the thesis Ackerman advances … this collection itself makes an important contribution to comparative constitutional law. -- Tom Mullen, University of Glasgow * The Edinburgh Law Review *Table of ContentsIntroduction: A Global Tour of Constitutionalism Richard Albert 1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism Dieter Grimm PART I THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM 2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational Alon Harel 3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces Denis Baranger 4. Bruce Ackerman’s Theory of History Roberto Gargarella 5. Constitutionalism and the Predicament of Postcolonial Independence Aziz Rana 6. Revolution on a Human Scale: Liberal Values, Populist Theory? Andrew Arato PART II CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS 7. Charismatic Fictions and Constitutional Politics Tom Ginsburg 8. Uncharismatic Revolutionary Constitutionalism Stephen Gardbaum 9. Unconventional Adaptation and the Authenticity of the Constitution Alessandro Ferrara 10. Constitutional Revolution, Legal Positivism and Constituent Power Yasuo Hasebe 11. The Traditions of Constitutional Change Richard Albert PART III THE FUTURE OF EUROPE 12. Constitutional Crossroads: A View from Europe Neil Walker 13. How Europe Brought Judicial Review to France: A Response to Bruce Ackerman Daniel Halberstam 14. Constituting the Judiciary, Constituting Europe Mitchel Lasser PART IV THE LAW AND POLITICS OF REVOLUTION 15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court Menaka Guruswamy 16. The Italian Constitution as a Revolutionary Agreement Marta Cartabia 17. Constitutional Strategy for a Polarised Society: Learning from Poland’s Post-revolutionary Misfortunes Maciej Kisilowski 18. Choosing to Have Had a Revolution: Lessons from South Africa’s Undecided Constitutionalism James Fowkes 19. The Race against Time Bruce Ackerman

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Book SynopsisPhilip Britton is Former Visiting Professor and Director of the Centre of Construction Law, King's College London, UK.Matthew Bell is Associate Professor and Co-Director of Studies for Construction Law at Melbourne Law School, Australia.Deirdre Ní Fhloinn is a barrister practising at the Bar of Ireland.Kim Vernau is Chair of Women's Pioneer Housing and Non-Executive Director of the Housing Association Property Mutual, UK.

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Book SynopsisKatalin Ligeti is Professor of European and International Criminal Law at the University of Luxembourg.

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Book SynopsisThis book explores the real-world problem of building safety through the lens of private law. The fire at Grenfell Tower, London, England and the collapse of Champlain Towers South, Florida, USA exposed widespread building safety failures globally. Using a variety of different private law perspectives ranging through torts, contract and real property law, international experts examine building safety failures across the UK, USA, Australia, Singapore, New Zealand, Italy and Canada. The book offers policymakers, practitioners, and scholars ground-breaking consideration of this vital yet under-considered aspect of the building safety crisis, along with new and valuable insights into the nature, limits and utility of private law. The collection of essays shows that private law can be part of the solution to as well as being part of the cause of the building safety crisis. Consideration is given to existing legislative and judicial responses to the crisis, offering guidance as to how statutory regimes addressing the building safety problem (such as the Building Safety Act 2022) can best be understood and developed. A central lesson is the need to take an integrated, coherent approach, within and beyond private law. The book also illustrates that an understanding of the causes of, and responses to, the building safety crisis is vital to any theory of private law: private law is unable to fulfil its distinctive and crucial role of ordering our relations, one to another, if we adopt an unduly limited view of the reasons and resources available to it. The book results from a joint research project by the Faculty of Law at the University of Oxford and Melbourne Law School at the University of Melbourne.

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Book SynopsisThe 12th volume in Hart's leading series of books on the history of tax law, exploring important tax issues from both a UK and international perspective.

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Book SynopsisAndrew Ashworth is Fellow at All Souls College at the University of Oxford, UK.Juan Ignacio Piña Rochefort is Professor of Criminal Law at the Pontifical Catholic University of Chile.

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Book SynopsisThis volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.Trade Review“Levine’s recently published two-volume work, Jewish Law and American Law: A Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law’s rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s] as [an] extraordinary exploration within the Jewish comparative law project.” —Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1 -- Michael A. Helfand * American Journal of Comparative Law *“Samuel Levine’s two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis.” —Eli Wald, JOTWELL -- Eli Wald * JOTWELL *“Levine has distinguished himself as one of the foremost scholars and teachers of Jewish law in the American legal academy. Perhaps most importantly, Levine has taken on the role of gatherer and keeper of all things Jewish law within the American law school universe. … Jewish Law and American Law is perhaps best viewed in this context, as a work that helpfully gathers some of the most important and useful studies of comparative Jewish and American law in one place, and provides a valuable resource for those interested and working in the field.”—Shlomo C. Pill, Emory University School of Law, Journal of Law and Religion * Journal of Law and Religion *“The recent two volume anthology of Professor Samuel J. Levine’s essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine’s rich body of comparative legal scholarship. … [Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it.” —Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law“Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine … on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine’s mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law. … Readers will find that these illuminating essays provide an in-depth account of the issues at hand.” —Marc Herman, H-Judaic“Levine’s work as a whole is laudable for the way in which he takes up the comparative task. … Levine’s essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them. … The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical.” —Marie A. Failinger, Mitchell Hamline School of Law, Touro Law ReviewTable of Contents Introduction Section One. The Comparative Study of Jewish Law and American Law: An Introduction 1. Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion 2. Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis 3. An Introduction to Interpretation in Jewish Law, with References to American Legal Theory 4. An Introduction to Legislation in Jewish Law, with References to the American Legal System Section Two. Capital Punishment 5. Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview 6. Playing God: An Essay on Law, Philosophy, and American Capital Punishment Section Three. Self-Incrimination 7. An Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis 8. Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework Section Four. Constitutional Theory 9. Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics 10. Rules and Standards in Jewish Law and American Constitutional Law 11. Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment in a Comparative Hermeneutic Framework Section Five. Legal Practice 12. Reflections on the Practice of Law as a Religious Calling from a Perspective of Jewish Law and Ethics 13. A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview 14. Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework 15. Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to "Seek Justice" in a Comparative Analytical Framework 16. Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility through a Perspective of Jewish Law and Ethics Index

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Book SynopsisThis volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system. Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.Trade Review“Levine’s recently published two-volume work, Jewish Law and American Law: A Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law’s rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s] as [an] extraordinary exploration within the Jewish comparative law project.” —Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1 -- Michael A. Helfand * American Journal of Comparative Law *“Samuel Levine’s two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis.” —Eli Wald, JOTWELL -- Eli Wald * JOTWELL *“The recent two volume anthology of Professor Samuel J. Levine’s essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine’s rich body of comparative legal scholarship. … [Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it.” —Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law“Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine … on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine’s mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law. … Readers will find that these illuminating essays provide an in-depth account of the issues at hand.” —Marc Herman, H-Judaic“Levine’s work as a whole is laudable for the way in which he takes up the comparative task. … Levine’s essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them. … The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical.” —Marie A. Failinger, Mitchell Hamline School of Law, Touro Law ReviewTable of Contents Section Six. Law and Narrative 17. Halacha and Aggada: Translating Robert Cover's Nomos and Narrative 18. Professionalism without Parochialism: Julius Henry Cohen, Rabbi Nachman of Breslov, and the Stories of Two Sons Section Seven. Legal History 19. Lost in Translation: The Strange Journey of an Anti-Semitic Fabrication, from a Late Nineteenth Century Russian Newspaper to an Irish Legal Journal to a Leading Twentieth Century American Criminal Law Textbook 20. Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, and the New York Emergency Rent Laws of 1920: A Case Study in the Role of Jewish Lawyers and Jewish Law in Early Twentieth-Century Public Interest Litigation 21. Jewish Law from out of the Depths: Tragic Choices in the Holocaust 22. Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity 23. Richard Posner Meets Reb Chaim of Brisk: A Comparative Study in the Founding of Intellectual Legal Movements Section Eight. Law and Public Policy 24. Reflections on Responsibilities in the Public Square through a Perspective of Jewish Tradition: A Brief Biblical Survey 25. Looking beyond the Mercy/Justice Dichotomy: Reflections on the Complementary Roles of Mercy and Justice in Jewish Law and Tradition 26. Teshuva: A Look at Repentance, Forgiveness, and Atonement in Jewish Law and Philosophy and American Legal Thought Index

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