Law and society, sociology of law Books

Book SynopsisExplains and conceptualizes social control in its diversity. This title includes treatments of informal control (socialization, group formation and the controls exerted in everyday life) as well as medical control (norms regarding health and illness, particularly with regard to notions of 'normal' behaviour).Table of ContentsList of Contributors. Social control revisited. “Pass the trash”: The mortgage default crisis as state-corporate crime. Sex offender registration and notification laws as a means of legal control. Freedom, social control, and the problem-solving court movement. Social and ecological control: Ross's early contribution. The technology and the artefacts of social control – Monitoring criminal and anti-social behaviour through and in media cultures. Empowered communities or self-governing citizens? (Re)examining social control within the move toward community. Social control in doctor–patient relationships: Similarities and differences across medical specialties. The social control of sex and food: A brief overview. About the Authors. Sociology of crime, law and deviance. Sociology of crime, law and deviance. Copyright page.

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Book SynopsisContains articles that consider the ways in which history has shaped law and how we make sense of past events. This volume also includes articles that explore pressing legal issues such as the prison boom, First Amendment controversies, and the work of cause lawyers. It illustrates the vibrancy of interdisciplinary legal scholarship throughout.Table of ContentsList of Contributors. EDITORIAL BOARD. A “switch in time” beyond the nine: historical memory and the constitutional revolution of the 1930s. Making sense of Blackstone's puzzle: Why forbid defense counsel?. Visions of Cádiz: The Constitution of 1812 in historical and constitutional thought. Theorizing the first amendment: From Roger Williams to Larry Flynt. The political analysis of mass incarceration. Cause lawyering for American Indian voting rights: comparing public and private attorneys. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisAddresses a variety of issues related to economic crisis in the broadest sense of the term, involving diverse national and international contexts, historical epochs, and a range of problems related to economic life. This title tackles criminologically relevant questions in connection with crime/deviance and/or the control thereof.Table of ContentsList of Contributors. Introduction: criminological perspectives of the crisis. Fraud and Inequality in the Subprime Mortgage Crisis. Diffusion of Fraud Through Subprime Lending: The Perfect Storm. Public Attitudes Toward Blameworthiness and Control of the Mortgage Foreclosure Crisis. The Securitization of Mortgage Fraud. Social Reactions to White-Collar Crimes and their Relationship to Economic Crises. Corporate Crime and Crisis: Causation Scenarios. Illegally Backdated Stock Options. The Criminal Consequences of Changes in Neighborhood Structure Due to Home Foreclosure: A Theoretical Discussion. Employment, Unemployment, and Rates of Intimate Partner Violence: Evidence from the National Crime Victim Surveys. The Showdown with Shrinking Budgets: Police Departments in Economic Downturns. Economic Crisis and Crime. Sociology of crime, law and deviance. Sociology of crime, law and deviance. Copyright page.

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Book SynopsisSocial movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.Table of ContentsList of Contributors. EDITORIAL BOARD. Two spinning wheels: Studying law and social movements. Decolonizing the law: LGBT organizing in Namibia and South Africa. Social movements and the state's construction of identity: The case of Muslims in France. Rejecting rights: The disability critique of physician assisted suicide. Social movements lashing back: Law, social change and intra-social movement backlash in Canada. Protest arrests and future protest participation: The 2004 republican national convention arrestees and the effects of repression. Convincing elites, controlling elites. After 9/11: Guantánamo and the mobilization of lawyers. Special Issue Social Movements/Legal Possibilities. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisAdopting an interdisciplinary approach, Deval Desai presents the novel concept of 'expert ignorance', a practice by which experts continually admit the limits of their knowledge. With a range of illustrative case studies, Desai demonstrates the impact of this powerful yet paradoxical form of expertise in rule of law reform and beyond.Trade Review''Disenchanted' expertise that becomes 'self-denying' rests on and professes ignorance. In this provocative, innovative, and elegant book, Desai explores 'expert ignorance' in rule of law reform performances. He argues that expert ignorance moves the rule of law in the direction of 'Governance'. Critical and political, the argument deserves engagement.' Anna Leander, Professor of International Relations and Political Science, Geneva Graduate Institute'In this pathbreaking study of the field of rule of law reform, Desai explores the productive power of 'ignorance work' as a form of expert practice, examining the ways in which it helps to produce 'provisional, fluid, and reconfigurable' forms of the rule of law. With this innovative argument, which draws on his own years of experience as a practitioner in the field, Desai firmly establishes himself as one of the most insightful analysts of reflexive expertise, not only in the field of development but also beyond. This book is at the cutting edge of new thinking in critical development studies and global economic governance.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh'Desai applies a sophisticated theoretical perspective to critically examine the ideas and actions of law and development scholars and practitioners. This penetrating and challenging first-hand look at expert ignorance defies categorisation and stands out in imagination and insight.' Brian Tamanaha, John S. Lehmann University Professor, Washington University in St Louis'In international development, 'building the rule of law' has the paradoxical status of being perhaps its most widely supported yet least successful policy objective. To this day, its leading practitioners openly concede that they 'don't know what they are doing' - or, indeed, what the rule of law itself even is. Desai provides an insightful, compelling, and intellectually innovative explanation of this paradox: law and development is replete with expert ignorance, requiring its champions to simultaneously own and disown, deploy and withhold, assert and deny, their expertise - with all manner of vexing consequences. Forging a world in which its most marginalised citizens begin to experience the law as a legitimate, accessible, and effective part of the solution to (rather than a source and compounder of) their problems requires all of us to join Desai in diligently wrestling with this truly unique challenge, in an ongoing quest for the correspondingly unique responses it necessarily requires.' Michael Woolcock, World Bank and Harvard University'This erudite, engaging, and elegantly crafted book trespasses disciplinary boundaries to offer rich and unexpected insights for legal and social theorists, scholars of development and international relations, and practitioners of all stripes. It demands reading by those with a critical orientation towards projects of legal change - and re-reading for Desai's eye for vivid social, political, and lived detail.' Shalini Randeria, President and Rector, Central European UniversityTable of Contents1. Introduction; 2. Ignorance and the practice of rule of law reform; 3. Projecting the rule of law; 4. Performing the rule of law; 5. Law and politics of rule of law performances; 6. Historicising rule of law performances; 7. The sociology of rule of law performers; 8. Conclusion

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Book SynopsisRegulation that fails to guarantee the optimal protection of patients and scientific research in favour of other interests commits foreseeable and avoidable regulatory violence. This book explains how science could help us address healthcare issues in greater solidarity. This title is also available as Open Access on Cambridge Core.

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Book SynopsisThis book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK's competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules. Table of ContentsIntroductionChapter 1 – Legislation, Institutions and CooperationChapter 2 – Anti-competitive Agreements and Abuse of DominanceChapter 3 – Private EnforcementChapter 4 – Merger Regulation Chapter 5 – State Aid LawConclusion

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Book SynopsisThis volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue.While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the otherâs case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context.Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

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Book SynopsisThis book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the international investment architecture. In considering the advantages and disadvantages of each âsolutionâ, it will work towards an approach best-suited to upholding the interest of the victorious party at the enforcement stage. The enforcement of arbitral awards on a voluntary basis has proven to be iTable of Contents0.1 AKNOWLEDGEMENTS 0.2 TABLE OF CASES 0.3 TABLE OF LEGISLATION 1. INTRODUCTION 2. CHAPTER 1: OBSTACLES IN ENFORCEMENT OF ICSID AWARDS 3. CHAPTER 2- OBSTACLES IN ENFORCEMENT OF NON-ICSID AWARDS 4. CHAPTER 3: POTENTIAL ENFORCEMENT OBSTACLES IN A FUTURE MULTILATERAL INVESTMENT COURT (MIC) 5. CHAPTER 4: THE PRACTICAL REMEDIES TO REDUCE THE EXECUTION ISSUES IN INVESTMENT DISPUTE SETTLEMENT SYSTEM 6. Chapter 5: CONCLUSION 7. LIST OF ABBREVIATIONS 8. INDEX

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Book SynopsisEssential Dispute Resolution for SQE1 explains the key principles of dispute resolution in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to realistic examples, commonly used court forms, and tables. The book provides an overview of three processes for resolving civil disputes, forming part of the dispute resolution continuum, followed by a fluent narrative account of key principles of civil procedure. The guide also includes a range of supporting features: Chapter overviews Revision points: Each chapter concludes with a concise list of key revision points Multiple choice questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge) In a series of books aimed at those preparing for SQE1, this concise and accessible text provides a clear understanding of the dispute resoluTable of ContentsPart 1: Different options for dispute resolution 1. Introduction: Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute Part 2: Pre-action considerations and steps 2. Resolving a dispute through a civil claim: preliminary considerations: limitation, pre-action protocols Part 3: Commencing, responding to or progressing a claim 3. Where to start proceedings 4. Issuing and serving proceedings 5. Responding to a claim Part 4: Case management and any interim applications relevant to a claim 6. Case management 7. Interim applications Part 5: The evidence needed, and disclosure steps required in commencing, responding to, progressing or defending a claim 8. Evidence 9. Disclosure and inspection Part 6: Preparation of a case for a trial, the trial and any post trial steps 10. Trial 11. Appeals 12. Enforcement Part 7: Procedures and processes relevant to costs involved in dispute resolution 13. Costs 14. Answers to multiple choice questions

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Book SynopsisExploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems.Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union.This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.Table of ContentsIntroduction - Balanced budget rule and/in the LawEric Oliva, Elena-Simina TanasescuPart I: Balanced Budget as Normative and Economic StandardChapter 1: Balanced budget as a substantive legal rule Gilbert Orsoni Chapter 2: On the economic concept of a balanced budget Thomas Stauffer Part II: Balanced Budget as Constitutional RuleChapter 3: The German Debt Brake Ralph Schenke Chapter 4: The Constitutional stakes of the "golden rule" Marc Verdussen Part III: Balanced Budget and Separation of Powers Chapter 5: Balanced budget rule and representative democracy Giulia Aravatinou Leonidi Chapter 6: The Financial Local Autonomy – A Tale of Balanced Budgets and Vertical Separation of Financial Power Simona Gherghina Chapter 7: Balanced budget rule and the transversality of agencies Bogdan Iancu Part IV: Balanced Budget, Governance and Fundamental Rights Chapter 8: Balanced budget rule and social rights George Katrougalos, Daphne Akoumaniaki Chapter 9: The organizational foundations the IMF’s doctrinal turn on fiscal policy after the Great Recession Cornel Ban Final remarks - Balanced Budgets: the Vanity of a PrincipleMichel Bouvier

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Book SynopsisUnlocking Constitutional and Administrative Law provides an indispensable foundation in this core law curriculum subject, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Constitutional and Administrative Law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: Clear aims and objectives at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your knowledge Diagrams to aid memory and understanding Cases and judgments are highlighted to help you find them and add them to your notes quickly End-of-chapter summaries provide a useful cTable of Contents1. Introductory Concepts 2. Constitutions 3. The Nature of the British Constitution 4. The Sources of the British Constitution 5. The Separation of Powers 6. The Rule of Law 7. Parliamentary Sovereignty 8. Parliament I: Nature, Functions and Privilege 9. Parliament II: The House of Commons 10. Parliament III: The House of Lords 11. The Executive 12. Executive/Parliamentary Relations 13. The Judiciary 14. The Decentralisation of Public Power 15. The European Union 16. The European Convention on Human Rights 17. The Human Rights Act 1998 18. Freedom of Speech 19. Judicial Review I (Rationale and Procedure) 20. Judicial Review II (Grounds of Review and Remedies) 21. Grievance Mechanisms 22. COVID-19 and The Constitution

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Book SynopsisThis book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.Table of Contents1. Introduction: European Government Transparency beyond the Slogans PART 1 2. Transparency as a Critical Research Agenda: Engaging with the EU Institutions on Access to Documents 3. What is the Purpose of Regulation 1049/2001? An Empirical Analysis of Member State Positions 4. Interpretive Approaches in Transparency Studies: Gaining New Perspectives on Old Problems 5. Learning Through Rejection: Studying the Informalisation of EU Readmission Policy with Access to Documents Requests PART 2 6. The Human Face of Legal Transparency? Performance in Action 7. Toward Radical Transparency 8. Escaping the Transparency Trap: In Defense of Playacting 9. Algorithms and the Open Society: New Approaches to Information, Transparency and Accountability 10. Government Transparency: Dispelling the Myth PART 3 11. “Off paper”: The Transparency Dilemma in EU Institutions 12. Transparency as Enabling Citizen-participation: The Quality of Public Information on EU Decision-making Processes 13. Access to documents and the EU agency Frontex: Growing pains or outright obstruction? 14. The Council Presidency, brought to you by Coca-Cola: Transparency about Commercial Sponsoring 15. EU Agencies and Lobbying Transparency Rules: A Case Study on the Islandization of Transparency? 16. "Mediated Transparency": The Digital Services Act and the legitimization of platform power 17. Epilogue: Against transparency. For engaged publics

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Book SynopsisThe criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of Trade Review'This book is 'rich' with highly valuable summary information for any interested reader. It has been written in a format that meets the interdisciplinary needs of the maritime industry and enables a completely targeted reading of singular chapters.'Dr Henning Jessen, Professor of Maritime Law and Digital Change (Nippon Foundation Chair), World Maritime University, Malmö, SwedenTable of ContentsINTRODUCTION 1. WHAT IS A CRIME? 2. SOURCES OF LAW 3. THE MASTER AND THE SHIP 4. THE RISK BUSINESS 5. PORT STATE SOVEREIGNTY: WHAT COULD POSSIBLY GO WRONG? 6. MANAGEMENT CONTROL BY THE FLAG STATE 7. CRIMINAL ACCOUNTABILITY FOR NEGLIGENCE 8. CRIMINALISATION AND SEAFARERS’ RIGHTS: PROBLEMS AND SOLUTIONS 9. INVESTIGATIONS, EVIDENCE AND SELF-INCRIMINATION 10. THE FOUNDATIONS OF SENTENCING: CULPABILITY AND HARM 11. OCCUPATIONAL HAZARDS 12. COMPULSORY PILOTAGE: WHO TAKES THE BLAME? 13. POLAR RISKS 14. AUTONOMOUS SHIPS

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Book SynopsisThis is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a âone size fits allâ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on Table of ContentsTable of Cases, Preface, Part I Muddying the Water: Incorporation of Arbitration Clauses in Shipping, Reinsurance, and Construction Chain Contracts, Chapter 1 The Foundations of Incorporation and Arbitration Clauses, Chapter 2 Incorporation of Charterparty Arbitration Clauses into Bills of Lading, Chapter 3 Incorporation of Arbitration Clauses into Reinsurance Contracts, Chapter 4 Construction Contracts and the Incorporation of Arbitration Clauses, Chapter 5 Singapore Law and Incorporation of Arbitration Clauses, PART II Not Incorporation – but a Close Analogy: Arbitration Clauses Binding Third Parties, Chapter 6 Arbitration Agreements and Third Parties, Index

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Book SynopsisExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.Table of ContentsTable of ContentsPreface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background *1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term ‘Collective Redress’ II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 *2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases *1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index

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Book SynopsisThe seaworthiness of merchant ships plays a critical role in ensuring the safety of life and property and the prevention of marine pollution. It deals with the fitness and readiness of a ship and its fundamental ability to sail safely to its destination. The standards of seaworthiness extend to literally all aspects of a ship, including the human element, physical structure, documentation, cargo worthiness and so on. It is one of the most complicated concepts in the maritime regulatory regime, and it takes many forms. However, although one of the most important terms in maritime transportation and ship management, seaworthiness is not an absolute concept, but a relative one, dependent on the particular environment, context and facts, and the standards of seaworthiness have changed greatly with the introduction of new maritime regulations over the years. The existing literature on seaworthiness is found within a variety of dedicated articles or book chapters. This book summariTable of ContentsPreface, 1. Introduction The Concept of Seaworthiness, 2. Seaworthiness of The Vessel, 3. Cargoworthiness, 4. Cargo Stowage, 5. Fire, 6. Crew and Spare Parts, 7. Vessel's Certificates and Documents, Index

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Book SynopsisUnlocking the Law of Evidence will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Evidence. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your kTrade Review"The emphasis of this book is to take a practical and tactical approach to the evidence all practitioners and students will encounter on a daily basis in their everyday professional lives. The book provides a clear and easily understood analysis of evidence, without a solid comprehensive knowledge of what evidence actually comprises of, and how it can be used to the benefit of a case, lawyers in all areas of the law will be at a disadvantage both in terms of the case and their clients. This book provides a guide to the knowledge and skills a lawyer requires in conducting a case so as to bridge the academic and practical skills divide. Dr Singh is a highly respected member of Chambers who has over the years combined his academic work with a busy practice and is therefore ideally placed to write this book which provides an invaluable aid to many." —Stuart Stevens, Head of Holborn Chambers, Barrister-at-Law Table of Contents1. An introduction to the substantive law of evidence 2. The law of evidence: the burdens and standards of proof 3. Testimony of witnesses 4. The disclosure of evidence and protection from disclosure: privilege and public interest immunity 5. Silence: the effect on an accusation 6. Course of trial 7. Hearsay: the exclusionary rule 8. Hearsay: admissibility in criminal cases 9. Hearsay: civil cases 10. Confessions and evidence obtained unlawfully 11. Bad Character Evidence in criminal proceedings 12. Admissibility of bad character evidence of witnesses and defendants 13. Corroboration, lies, care warnings and identification evidence 14. Opinion, documentary and real evidence

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Book SynopsisEssential Business Law and Practice for SQE1 explains the key principles of business law and practice as required for the Solicitors Qualifying Examination (SQE) Part 1, in a clear, easy-to-follow style.The key principles of law in each topic are introduced together with concise examples of how each principle can be applied, and the book includes a range of supporting features: Commercial awareness talking points reinforce the book's strong focus on commercial awareness throughout Multiple-choice questions: Each section of the book provides multiple-choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple-choice questions and answers are also provided on the companion website Problem questions: To test understanding and analytical skills applied to practical scenarios. A companion website also provides suggested answers Revision points: Each chapter concludes with a coTable of ContentsIntroduction Part One – Choosing a business form 1. Business organisations Part Two – Private limited companies 2. Formation of the company 3. The constitution of the company 4. Roles in the company 5. Financing the company 6. Shareholders’ decision making 7. Directors’ decision making 8. Directors’ duties 9. Transactions with directors requiring shareholder approval 10. Minority Shareholder Protection Part 3 – Partnerships 11. Ordinary partnerships 12. Limited liability Partnerships Part Four - Business Accounts and Tax 13. Calculating business profits (Rachel Cooper) 14. Income Tax 15. Capital Gains Tax 16. Corporation Tax & Value Added Tax Part Five– Insolvency 17. Corporate Insolvency 18. Personal Insolvency 19. Multiple Choice Questions 20. Multiple Choice Answers 21. Problem Questions

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Book SynopsisAI in combination with other innovative technologies promises to bring unprecedented opportunities to all aspects of life. These technologies, however, hold great dangers, especially for the manipulation of the human mind, which have given rise to serious ethical concerns. Apart from some sectoral regulatory efforts to address these concerns, no regulatory framework for AI has yet been adopted though in 2021 the European Commission of the EU published a draft Act on Artificial Intelligence and UNESCO followed suit with a Recommendation on the Ethics of Artificial Intelligence.The book contextualises the future regulation of AI, specifically addressing the regulatory challenges relating to the planned prohibition of the use of AI systems that deploy subliminal techniques. The convergence of AI with various related technologies, such as braincomputer interfaces, functional magnetic resonance imaging, robotics and big data, already allows for mind reading or dream hacking throug

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Book SynopsisThis book examines and explains the law relevant to bareboat or demise charterparties, a common form of maritime contract used by both operators of vessels and also as a form of lease finance. Its principal aim is to set out a structured analysis of all the rights and obligations of the parties to a bareboat charter. This will include consideration of the nature of the contract, its uses (both historical and current) in the market, and the key clauses in the standard form and commentary thereon.Providing a clause-by-clause analysis commentary on all the provisions of the BIMCO BARECON, and all decisions relevant to those clauses, Bareboat Charters addresses important topics such as termination, repossession and damages from an English law standpoint, adding useful guidance for practitioners. It considers general issues of contract and/or maritime law so far as they relate to bareboat charters, and extracts or summarises key passages of important case law.This book will serve as the standard reference work on the law relating to bareboat charters, providing comprehensive treatment of the subject, accessible and useful to shipping lawyers and also to shipowners, charterers, P&I Clubs, and other insurers.

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Book SynopsisBringing together leading experts from across the UK and Europe, this book provides a comprehensive analysis of the impact of Brexit on the energy sector in the UK and in the European Union and its Member States. In recent decades, the trend within the EU has been towards greater integration and liberalisation of energy markets. Through the development of the Union's internal energy market and the funding of cross-border energy infrastructure, EU membership facilitates cross-border trade in energy, promotes security of energy supply, and, via the European Atomic Energy Community (Euratom), allows EU Member States to trade in nuclear material for energy production. Brexit changes all of this. The significant level of integration and interdependence in EU energy policy means that the UK's departure from the Union poses many challenges for the UK, the EU, and EU Member States. While certain energy-related arrangements have been addressed, the relationship between the UK and EU in the e

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Book SynopsisMooting offers a comprehensive examination of mooting and advocacy, combining both theoretical and practical aspects. This definitive guide will equip you with a complete grasp of mooting from the initial preparatory stages through to advocacy in the moot itself.The second edition has been comprehensively revised and updated, reflecting changes brought about by the evolving digital landscape, as well as addressing how mooting can benefit SQE (Solicitors Qualifying Examination) students. Changes and updates include new thinking points' throughout the book, end-of-chapter questions to reinforce learning and understanding, a new section on how to read the book, additional material for students participating in International moots, new material on electronic bundles, and an expanded section on lawyers' skills including more on building confidence and countering nerves.Online video footage of an actual moot brings the practical nature of mooting alive and will g

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Book SynopsisTaking a fresh and modern approach, Contemporary Family Law: Principles and Practice gives students all the information they need to develop a clear understanding of this fascinating area of the law. Covering the very latest developments in family law, each chapter uses contemporary cases as a window to introducing core legal concepts, principles and developments, emphasising the dynamism and evolving nature of family law, in which practitioners, campaigners, law reformers and students all play their part.Key features include: Developments in family law are considered not only from a vantage point of judicial decision making but also from the perspective of the contribution made by solicitors, barristers and experts. This encourages students to develop a sense of their own potential agency when as future practitioners they represent their clients and engage in law reform In considering legal argument and case determination, the book places equality

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Book SynopsisEssential Legal System and Legal Services for SQE1 explains the key principles of the English and Welsh Legal System, sources of law and legal services in a clear, concise and easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book explains the importance of, and the workings of, the Legal System of England and Wales, including the hierarchy of the courts, sources of law and the regulation of legal services.The book provides a clear and structured approach with opportunities to apply the relevant principles to the law. It also includes a range of interactive features, including: Revision points: Each chapter concludes with a concise list of key revision points Multiple choice questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple choice questions and answers are also provided

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Book SynopsisNow in its 8th edition, Unlocking Equity and Trusts will help you grasp the main concepts of this core subject with ease.Containing accessible explanations in a clear and logical structure, the following features provides an excellent foundation for learning and revising: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject; Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding; End-of-chapter summaries provide a useful check-list for each topic; Cases and judgments are highlighted to help you find them and add them to your notes quickly; Frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice and prepare you for assessment; A brand new critiquing the law' feature is designed to foster essential critical thinking skil

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Book SynopsisWritten by an author team with over sixty years of combined teaching experience, the new edition of The Modern Law of Contract is the complete textbook for students of contract law, providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law.The 15th edition has been fully updated to address recent developments in contract law, including the Supreme Court judgments in Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2, Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, Barton v Gwyn-Jones [2023] UKSC 3 and Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40. It offers a carefully tailored overview of all key topics for LLB and GDL courses, and includes a number of learning features designed to enhance comprehension and aid exam preparation, including:boxed chapter sum

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Book SynopsisUnlocking the English Legal System will help you grasp the main concepts of the legal system in England and Wales with ease.Containing accessible explanations in a clear and logical structure, it provides an excellent foundation for learning and revising. Key features include:â Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject;â Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding;â End-of-chapter summaries provide a useful check-list for each topic;â Cases and judgments are highlighted to help you find them and add them to your notes quickly;â Frequent activities and self-test questions and sample essay questions are included so you can put your knowledge into practice and prepare you for assessment;â A new âcritiquing the lawâ feature is designed to foster essential critical thinking skills.

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Book SynopsisThis is the first and leading comprehensive guide to security for costs in international arbitration, including commercial and investment arbitration, providing a text which will be the key resource for those considering, making and ruling on applications for security for costs. It is the first and only work to consider the 40+ factors informing the discretion to award security for costs.The author begins with an introduction and description of the security of costs controversy in international arbitration, and then explains the developing approach of arbitral tribunals to applications for security for costs, with reference to decisions published by ICC and ASA, and statistics of LCIA and decisions of the UK courts when they had the power to grant security for costs in international arbitration. The book features an analysis of the reasons given for restricting security for costs in international commercial arbitration to âexceptional circumstancesâ or similar. The author con

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Book SynopsisThis book provides the European structure of liability for failed contract negotiations through a comparative lens, with wider lessons for an international context.The book demonstrates that all the analysed legal systems, in Belgium, France, Germany, Italy, and the Netherlands, can be best understood through a binary structure in their approach to pre-contractual liability, or culpa in contrahendo. This structure consists of two key elements: first, a general liability framework that allows for compensation of pure economic loss based on certain qualified conduct, such as negligence; and second, an implicit obligation to contract, which, though not explicitly recognized, is presumed in most systems. The book argues that this dual framework provides valuable insights into ongoing scholarly debates and the challenges practitioners face in cases of failed contract negotiations. Drawing on these insights, it proposes a more effective approach to the obligation to contract: one that encourages parties to collaborate in reaching an agreement voluntarily rather than imposing one upon them.This book will be of interest to researchers in the field of comparative contract and tort law, European private law, and private law theory.

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Book SynopsisThis innovative Handbook provides an expansive interrogation of the spaces and places of law, exploring how we engage relationally in a material world, within which we are inter-dependent and reliant, and governed by laws in a dynamic process. It advances novel insights into the numerous intersections of space, place and law in our lives.Trade Review‘The editors make a distinct contribution to legal geography, shaping a diverse, expansive, and future-focused collection of essays which finely balance being critically attuned to unequal formations of law and power whilst offering optimistic approaches of how to do things with legal geography. The range of topics and breadth of imagination is undoubtedly impressive.’ -- Jessica Smith, Frontiers of Socio-Legal Studies'A must-have for readers paying attention to space, place and law. This edited book is a journey along a braided river, with 32 chapters on Indigenous issues, non-human others, cyberlaw, the sea, cities, energy, the underground and much more. Highly readable and packed with important insights, you will need to put this book down, but you will soon pick it up again.' -- Phil McManus, University of Sydney, Australia'The contributors, refreshingly, are diverse and differently situated. Intellectually, they also come from many worlds -- geography, law, planning, anthropology, and so on. Their work speaks to the crucial challenges, tied to systemic inequality, that we confront, while also reminding us of the diverse forms that legal geography takes. It insists that legal geography is needed now, more than ever.' -- from the Foreword by Nicholas Blomley'Legal geography has much promise in deepening our understanding of the linkages between societies, their governance, and the world we live in. The Handbook on Space, Place and Law offers not only a major consolidation of the field, but a significant extension. Bartel, Carter and colleagues scope widely across socio-legal contexts, policy sectors and environments, and offer deep insights of great value to geographers and lawyers alike, and indeed to anyone concerned with the conditions of people and their environments.' -- Stephen Dovers, Australian National UniversityTable of ContentsContents: Foreword: What is legal geography? Why, and why now? xvii Nicholas Blomley Introduction to space, place and law xx Robyn Bartel and Jennifer Carter PART I WAY FINDING 1 How to make 1500 holes in the ground: accounting for law alongside other place-shaping factors in the making of an exceptional Cold War network 2 Luke Bennett 2 Legislative tenure and spatial economic analysis: an illustrative example of papaya production in Nadroga province, Fiji 14 Chethna Ben 3 In the eyes of the law: stalking and the legal (mis)construal of scopic relational spaces 26 David Delaney and Päivi Rannila 4 All the land was stolen: investigating the aporia of justice through countertopographies of Indigenous land rights and settler colonialism across the Americas 38 Joel E. Correia PART II JOURNEYING 5 Neighbourhoods for an ageing population in Singapore 50 Belinda Yuen 6 Sexual offences and to have done with the courtroom 61 Victoria Brooks 7 Performing law: space and the unfolding of gender and violence in India 72 Kalindi Kokal and Werner Menski 8 Place: sacrifice and property law in extra-territorial nation spaces 86 Lee Godden PART III BORDER CROSSINGS 9 Understanding the impact of customary land tenure and reform in Papua New Guinea 99 Flora Kwapena 10 The spatial management of sex work: placing marginality through formal and informal practices 109 Caitlin Neuwelt-Kearns, Tom Baker and Octavia Calder-Dawe 11 Collision between two ‘public interests’ in housing demolition and relocation in Dalian, China 118 Chen Li, Min Jiang and Mark Yaolin Wang 12 Law, place and maps 129 Antonia Layard PART IV DIFFERENT DIRECTIONS 13 Activating rural spaces in the pursuit of unconventional energy and justice 142 Meg Sherval 14 Land territorialisation, contestation and informal place-laws of Indigenous peoples in Phuket and Phang Nga, Thailand 156 Daniel Robinson, Danielle Drozdzewski and Jaruwan Kaewmahanin Enright 15 Indigenous land conflict and the underlying life of laws: lessons from the Ipperwash Crisis 170 Nicole Latulippe 16 Extracting Indigenous jurisdiction on private land: the duty to consult and Indigenous relations with place in Canadian law 182 Estair Van Wagner PART V INTERSECTIONS 17 Paying attention to the spaces in between: the social production of space and Indigenous presence in cities 196 Melissa Nursey-Bray and Stephen Muecke 18 Negotiating privacy in the ‘vertical city’: regulating the gentrification of the skies 207 Phil Hubbard 19 Landscapes of colonial Australian entanglement: authorities, self-definition and cultural pedagogy 217 John Ryan and Baden Offord 20 Reclaiming land, reclaiming the ‘nomos’: towards a geography of emerging rights 229 Benno Fladvad, Silja Klepp and Florian Dünckmann PART VI FELLOW TRAVELLERS 21 Pets, pests and humane humans 241 Jennifer Carter and Mandy Paterson 22 Apples and oranges? Exchanging offsets for a place agency-based approach 254 Wendy Beck and Robyn Bartel 23 A case for ‘place’ in governing the energy–environment nexus 268 Amanda Kennedy and Cameron Holley 24 Dephysicalised property and shadow lands 281 Nicole Graham PART VII NEW HORIZONS 25 Territorializing Arrakis: competing for water and melange at the edge of the galactic empire – between desert gatherers and the spacefaring 293 Allan Charles Dawson and Ismael Vaccaro 26 Law underground: the legal geographies of gas transmission pipeline risk regulation 304 Brad Jessup 27 Place, space, and cyberlaw 316 Barney Warf 28 Freedom and constraint in sailing: exploring a gendered attachment to sea-places 327 Shelley A. Wright PART VIII WAYS FORWARD 29 Tackling corruption in urban development and planning: from compliance to integrity in Africa and beyond 339 Dieter Zinnbauer and Stephen Berrisford 30 Land, people and places: double visions and corporate land ownership 350 Radha D’Souza 31 Making there like here: is the impossible possible? 365 Robyn Bartel and Christopher Stone 32 Where to from here? From law to place and back again 382 Robyn Bartel and Jennifer Carter Index

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Book SynopsisTrade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index

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Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index

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Book SynopsisThis Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state.Trade Review‘This collection makes an important contribution at an inflection point crossed by the crisis of global capitalism and South Africa’s own challenges generated by the Radical Economic Transformation faction of the ruling party and fellow populist travellers. One can only express the tentative hope that some of this collection finds its way into the teaching of legal theory in South African law schools.’ -- The Hon Justice Dennis Davis, The South African Law Journal‘The modestly titled Research Handbook on Law and Marxism is in fact a pioneering venture that brings together as many as 29 contributions on a wide range of subjects relating to law, seen through the analytical prism of Marxism. It will prove to be a useful reference point for students and seasoned writers alike. -- Utsa Patnaik, Professor Emerita, Jawaharlal Nehru University, India‘This volume displays the breadth and vitality of research on law from within the traditions of Marxism. Written from many different perspectives and by a healthy mix of eminent and emerging scholars, the essays collected here ably guide the reader through a century and a half of debates and controversies. These are debates both among Marxists about the status, import, and structure of the law and modern legal institutions, and between Marxists and non-Marxist legal scholars, collectively demonstrating that Marxism has indelibly shaped legal theory, constitutional theory, the theory of the state, and the theory of international law. This will undoubtedly be my new go-to reference volume on all questions pertaining to Marxism and legal studies.’ -- William Clare Roberts, McGill University, Canada‘Paul O’Connell and Umut Özsu have done a great service to all scholars of Marxism. They have assembled a comprehensive volume that includes contributions of both noted experts and brilliant young researchers and that fills a void in the existing literature. The outcome is a wonderful Handbook that is useful for both specialists and readers who approach Marxism and law for the first time. This book will serve as a guide in the field for many years to come.’ -- Marcello Musto, York University, CanadaTable of ContentsContents: 1 Introduction to the Research Handbook on Law and Marxism 1 Paul O’Connell and Umut Özsu PART I MARX AND THE MARXIST TRADITION 2 Legal and illegal political tactics in Marxist political theory 6 Clyde W Barrow 3 Marx on the Factory Acts: Law, exploitation, and class struggle 21 Daniel McLoughlin and Talina Hürzeler 4 ‘Putting weapons into the hands of the proletariat’: Marx on the contradiction between capitalism and liberal democracy 35 August H Nimtz 5 Marx’s concept of dictatorship 61 Cosmin Sebastian Cercel 6 Revolution, Lenin, and law 77 Michael Head 7 Marx, Engels, Lenin, and the right of peoples to self-determination in international law 98 Bill Bowring 8 Pashukanis’ commodity-form theory of law 115 Matthew Dimick 9 Thinking in a Gramscian way: Reflections on Gramsci and law 139 Pablo Ciocchini and Stéfanie Khoury 10 Poulantzas’ changing views on law and the state 156 Bob Jessop 11 The state as social relation: Poulantzas on materiality and political strategy 173 Rafael Khachaturian PART II CONTEMPORARY MARXIST ANALYSIS OF LAW, RIGHTS AND THE STATE 12 Marx’s critique and the constitution of the capitalist state 190 Rob Hunter 13 Marx and critical constitutional theory 209 Nimer Sultany 14 The reproduction of moral economies in capitalism: Reading Thompson structurally 242 Nate Holdren 15 Law and the state in Frankfurt School critical theory 261 Chris O’Kane 16 Feminist materialism and the laws of social reproduction 283 Miriam Bak McKenna 17 Marxism, labour and employment law, and the limits of legal reform in class society 299 Ahmed White 18 Karl Marx, Douglass North, and postcolonial states: The relation between law and development 319 BS Chimni 19 Transcending disciplinary fetishisms: Marxism, neocolonialism, and international law 335 Radha D’Souza 20 Taking political economy seriously: Grundriss for a Marxist analysis of international law 356 Rémi Bachand 21 From class-based project to imperial formation: European Union law and the reconstruction of Europe 375 Eva Nanopoulos PART III FUTURE ORIENTATIONS OF MARXIST LEGAL ANALYSIS 22 From free time to idle time: Time, work-discipline, and the gig economy 400 Rebecca Schein 23 Greening anti-imperialism and the national question 421 Max Ajl 24 Ideology, narrative, and law: ‘Operation Car Wash’ in Brazil 444 Enzo Bello, Gustavo Capela, and Rene José Keller 25 The poetry of the future: Law, Marxism, and social change 458 Paul O’Connell 26 Nomocratic social change: Reassessing the transformative potential of law in neoliberal times 477 Honor Brabazon 27 Beyond fetishism and instrumentalism: Rethinking Marxism and law under neoliberalism 497 Igor Shoikhedbrod 28 Law and the socialist ideal 512 Christine Sypnowich 29 Marx on law and method 529 Natalia Delgado 30 Principles for a dialectical-materialist analysis of law and the state 544 Dimitrios Kivotidis Index

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Book SynopsisTrade Review‘As always, Sunstein's Advanced Introduction is a pleasure to read. This highly informative book is particularly helpful to those interested in law and public policy. Drawing on his deep and extensive work in behavioral law and economics, Sunstein covers much ground in short order. The book introduces readers to both foundational topics and current debates at the frontiers of this burgeoning field of research and policy.’ -- Avishalom Tor, Notre Dame Law School, US‘I love this terrific book. The science of how humans think meets the laws that govern how humans should act – and who better than Sunstein to teach us what happens when these worlds collide!’ -- Anupam B. Jena, Harvard University, US‘To develop policies that improve on society, we need to consider how people behave, both in the absence and presence of policies. I highly recommend this book to anyone interested in public policy and how insights about human behavior may inform policy making. Cass Sunstein’s experiences and extensive expertise in both law making and behavioral economics make him uniquely positioned to provide key insights on the intersection of law and behavioral economics.’ -- Linda Thunström, University of Wyoming, US‘In this book Professor Sunstein summarizes an enormous body of research showing how law affects human behavior. He carefully reviews research from behavioral economics and psychology, provides clever examples, and melds these insights with conventional economics, thereby suggesting ways to make legal systems more efficient—and even more fair.’ -- Jeffrey J. Rachlinski, Cornell Law School, US

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Book SynopsisTrade Review‘As always, Sunstein's Advanced Introduction is a pleasure to read. This highly informative book is particularly helpful to those interested in law and public policy. Drawing on his deep and extensive work in behavioral law and economics, Sunstein covers much ground in short order. The book introduces readers to both foundational topics and current debates at the frontiers of this burgeoning field of research and policy.’ -- Avishalom Tor, Notre Dame Law School, US‘I love this terrific book. The science of how humans think meets the laws that govern how humans should act – and who better than Sunstein to teach us what happens when these worlds collide!’ -- Anupam B. Jena, Harvard University, US‘To develop policies that improve on society, we need to consider how people behave, both in the absence and presence of policies. I highly recommend this book to anyone interested in public policy and how insights about human behavior may inform policy making. Cass Sunstein’s experiences and extensive expertise in both law making and behavioral economics make him uniquely positioned to provide key insights on the intersection of law and behavioral economics.’ -- Linda Thunström, University of Wyoming, US‘In this book Professor Sunstein summarizes an enormous body of research showing how law affects human behavior. He carefully reviews research from behavioral economics and psychology, provides clever examples, and melds these insights with conventional economics, thereby suggesting ways to make legal systems more efficient—and even more fair.’ -- Jeffrey J. Rachlinski, Cornell Law School, US

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