Law Books

Book SynopsisThis book examines the phenomenon of Community Justice Centres and their potential to transform the justice landscape by tackling the underlying causes of crime.Marred by recidivism, addiction, family violence, overflowing courtrooms, crippling prison spending and extreme rates of incarceration, the criminal justice system is in crisis. Community Justice Centres seek to combat this by tackling the underlying causes of crime in a particular neighbourhood and working with local people to redesign the experience of justice and enhance the notion of community. A Community Justice Centre houses a court which works with an interdisciplinary team to address the causes of criminality such as drug addiction, cognitive impairment, mental illness, poverty, abuse and intergenerational trauma. The  community thus becomes a key agent of change, partnering with the Centre to tackle local issues and improve safety and community cohesion. This book, based on research into this innovativeTable of ContentsPreface. Introduction: Court Reform and the Community Justice Centre Experience – Midtown and Beyond. 2 The Community Justice Centre Model. 3 Case studies of Community Justice. 4 Lessons from Community Justice: Evaluations, Boundaries and Obstacles. 5 The Possibilities of Mainstreaming the Model. 6 Conclusion: The Future of Community Justice: Prospects and Challenges.

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Book SynopsisInvestigating Sexual Assault Cases, Second Edition serves as an essential textbook for courses in investigating rape and sexual assault. As with the first edition, this second edition includes the latest research and techniques in coverage of victimology, offender typology, investigative techniques, interviewing, and legal implications. This new, second edition includes chapters on child victims and molestation, sexual homicides as potentially staged events, grooming, interviewing techniques, and same-sex, elder, and special populations as victims of sexual assault. The book fills a current void in the body of literature on the topics of rape and sex crime investigation. Many previous writings, while informative, do not address all the investigative processes necessary for an investigation to be thorough and complete. By providing a fresh approach to the topic, the author aims to augment those writings and, ultimately, improving the reader' awareness by beingTable of ContentsContentsPreface .................................................................................................................................. xvAcknowledgments .................................................................................................................. xixAuthor Biography ................................................................................................................... xxiContributor Biography .......................................................................................................... xxiiiChapter 1 Introduction to Rape and Sexual Assault .......................................................... 1Chapter 2 Th e Female Victim ............................................................................................. 17Chapter 3 Special Victims I: Th e Elderly, the Intellectually Disabled, and the Deaf ........................................................................................................ 35Chapter 4 Special Victims II: Child, Incest, and Male Victims ...................................... 51Chapter 5 Victimology ................................................................................................... 67Chapter 6 Th e Victim Interview ..................................................................................... 85Chapter 7 Th e Child Interview ...................................................................................... 113Chapter 8 Grooming Child and Adult Victims ................................................................... 135Chapter 9 Online Off enders ............................................................................................. 153Chapter 10 Human Sexuality .............................................................................................. 171Chapter 11 Off ender Typology ........................................................................................... 185Chapter 12 Special Off enders ............................................................................................. 215Chapter 13 Acquaintance and Marital Rape .......................................................................... 237Chapter 14 Suspect Interviews ............................................................................................ 263Chapter 15 Crime Scene and Preliminary Investigation ........................................................ 291Chapter 16 Th e Medical Examination ............................................................................... 315Chapter 17 Th e Latent Investigation .................................................................................. 331Chapter 18 Serial Off enders ............................................................................................. 349Chapter 19 Drug- and Alcohol- Facilitated Sexual Assaults ................................................. 371Chapter 20 Sex and Death ................................................................................................. 397Chapter 21 False Rape Allegations ..................................................................................... 415Chapter 22 Working with Prosecutors and Expert Witnesses ............................................... 445Chapter 23 Common Investigative Mistakes ......................................................................... 473Index ................................................................................................................................. 495

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Book SynopsisEnvironmental Crime in the United States provides an introduction to the laws that govern environmental crime, how these laws are implemented and enforced, and the impact they have had since their passing in the twentieth century and their continued applications.Environmental crimes such as wildlife trafficking, overâfishing, artisanal mining, and deforestation are lucrative contributors to a global illicit trade market and sources of cheap resources for corporations to exploit. This book presents a review of U.S.âbased laws and regulations regarding such environmental crimes at the state and federal level, combined with examples of international convention or trade agreements which can be prosecuted within the United States. It examines attempts to modify these laws, the exceptions granted to prevent enforcement, and the ability of political and social groups to address inefficiencies of the laws or their implementations. Both criminal and administrative laws are re

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Book SynopsisMoney laundering is a global issue and there is evidence that the services provided by the legal profession may be misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UKâs anti-money laundering (AML) regime.The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspiTrade Review"Kebbell has produced an extremely well written and carefully researched monograph, which provides a unique and fascinating commentary on the relationship between the legal profession and anti-money laundering. Each chapter is well argued, comprehensively leading the reader towards an intriguing set of conclusions and recommendations."Professor Nicholas Ryder, University of the West of England.Table of Contents1 – Anti-Money Laundering and the UK Legal Profession 2 - The UK AML Regime 3 – Methodology4 - The UK AML Legislative Framework5 - The Mechanical Aspects of the UK AML Regime6 - The Suspicious Activity Reporting Regime7 - Participants` Perceptions of the UK AML Regime8 – Conclusion

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Book SynopsisAn alternative theory of the firm is needed that helps better understand the nature and actual functioning of firms as well as the challenges raised by digital platform firms. In defining firms as economic collective ventures organised by political means, this book offers a political economy vision of firms.Specifically, the book provides an authority-based conception of the firm that supplies a theoretical grounding for democratic governance. It is argued that workers must be viewed as actors of the firm, not passive subjects of capital, given that authority is a non-coercive form of power. The book examines authority and subordination from the workers' perspective and argues that when workers accept authority, it is because they see it as facilitating mutually beneficial cooperation between people with divergent interests. As managerial authority is based on its acceptance by workers, it calls for legitimacy. Neither ownership nor the function that authority performs makes Table of ContentsIntroduction Chapter 1: The agency theory of the firm – Discarding authority and the collective Chapter 2: Authority in work organisations – Definitions and challenges Chapter 3: The firm considered from the work standpoint – Why do workers cooperate? Chapter 4: Governance models and the constituent parties of the company Chapter 5: The pluralistic model of corporate governance Chapter 6: Digital labour platforms – Algorithmic authority? Epilogue: Using the concepts developed in the book to address the ecological transition

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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 the Trade 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 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 SynopsisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to exp

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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

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Book SynopsisThe aim of this book is to introduce and discuss bioethics in a three-synergistic way: from the foundations to the current debates in relation to healthcare and social bioethics, and thereafter the possible future challenges. In this sense, the target audience can be from diverse disciplines: life and medical sciences, law, philosophy, psychology, and education. The book will be useful to high school students, in their first contacts with bioethics, college students, teachers and researchers, and the general public interested in these controversial debates of the past, present and future of bioethics.Table of ContentsTHE BIOETHICAL PRINCIPLES: STATE OF ART. Towards a Definition of Bioethics as a Discipline. History of Bioethics. The Principlist Approach in Bioethics. APPLIED BIOETHICS. Bioethics in Biomedical Research. Unresolved Problems in Bioethics: The Beginning and End of Life. Ethics of Health Care Allocation of Resources. The Case of Organ Transplantation. Social Bioethics. FUTURE CHALLENGES. Challenges in Biomedical Areas. Roles and Challenges for Clinical Ethics Committees and Clinical Ethics Consultation Systems. Critical Bioethical Approach to Health Crisis Scenarios. The Challenge of Teaching Bioethics.

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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 Synopsis The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union's legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.Table of ContentsCONTENTPART I. EU Security: Interplay between the Foreign Security Policy and the Internal Security PolicyChapter 1. The European Agenda on SecurityKåre Dahl MARTINSENChapter 2. Police Cooperation in the European Union, Supported by Strengthening the EU Internal Security’s External DimensionGorazd MEŠKO, Rajko KOZMELJ and Branko LOBNIKARChapter 3. The Role of EU Institutions in the Design of the EU Foreign and Security PoliciesAkasemi NEWSOME and Marianne RIDDERVOLDChapter 4. Realism, International Order and Security: Time to Move beyond the 2016 European Union Global StrategyDavid GARCÍA CANTALAPIEDRAChapter 5. Strategic Autonomy of the European Union: A Perspective Rafael GARCÍA PÉREZChapter 6. Budget and EU Security: Current Reasons to Increase the BudgetFernando SERRANO ANTÓNPART II. Risks and Challenges facing the EU.Chapter 7. EU Monetary and Economic Integration: Security Dilemma between Competitiveness and Sustainability Simón Javier SOSVILLA-RIVERO and Marta GÓMEZ PUIGChapter 8. The Economic Consequences of Brexit: A Brief Overview of the LiteratureBruce MORLEYChapter 9. Financing Business in the Digital Economy: Some Challenges.Briseida Sofía JÍMENEZ GÓMEZChapter 10. EU Regulations of CryptocurrencyXésus PÉREZ LÓPEZChapter 11. The Dynamics of Organized Crime in the European Union in the Context of Global InsecurityConcepción ANGUITA OLMEDOChapter 12. The Challenges of Extremism and TerrorismIrene RODRÍGUEZ ORTEGAChapter 13. EU Space Security PolicyMarco PEDRAZZIChapter 14. The EU´S Comprehensive Approach to Fisheries, Global Commons and Security.Carlos TEIJO GARCÍA Chapter 15. Integrating Climate Change Action into EU Security PolicyLara LÁZARO TOUZA and Ángel GÓMEZ DE ÁGREDAChapter 16. Energy Security in the EUMiriam SOLERA UREÑAChapter 17. Cybersecurity in the European Union: Resilience through Regulation?Ramses WESSELPART III. Combatting Threats from the Human Side?Chapter 18. EU Counterterrorism Policy and Human Rights: Are We in the Right Track?Milena COSTAS TRASCASASChapter 19. Migrant and Refugee Children Protection against Trafficking and Exploitation: Assessing EU Response from an International Human Rights Law PerspectiveCarmen PÉREZ GONZÁLEZChapter 20. Maritime Border Control in the MediterraneanAlexander PROELß Chapter 21. Security and Drugs in the European Union: Criminal Justice and Drugs PolicyAraceli MANJÓN-CABEZA OLMEDAChapter 22. Electoral Observation as a Tool to Establish and Implement EU SecurityVíctor Carlos PASCUAL PLANCHUELOChapter 23. The EU Global Strategy: Security, Narratives, Legitimacy, and Identity of an Actor in CrisisJosé Antonio SANAHUJA PERALES

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Book SynopsisIn the last few decades university teaching has been recognised as an activity which can be studied and improved through educational scholarship. In some disciplines this is now well established. It remains emergent in legal education. The field is rich with questions to be answered, issues to be raised. This book provides the first overall review of legal education scholarship. The chapters outline the history of legal education research and provide a detailed analysis of the trends in areas of publication. Beyond this, the book suggests a typology for further conceptualising the field and a series of suggested paths for future research. The book originated from the 2017 UNSW conference Research in Legal Education: State of the Art? It features internationally respected authors who bring their perspectives on how legal education as a field of research should be conceptualised. The collection is arranged into three themes. First, a historical view is taken of the emergence Table of ContentsTABLE OF CONTENTS PART I INTRODUCTION:Chapter 1 Legal Education Research as an ImperativeBen Golder, Marina Nehme, Alex Steel and Prue Vines*Chapter 2 The histories of legal education scholarshipFiona CowniePART II CURRENT LANDSCAPES:Chapter 3 Theoretical Legal Education Research: Engaging neoliberalismPeter BurdonChapter 4 The Poverty of PessimismDavid DixonChapter 5 Empirical Legal Education Research: Empirical research in Australia Alex SteelChapter 6 Practical Legal Education Research: A meta-survey of teaching and learning in practice-based educationKristoffer GreavesChapter 7 Towards a Taxonomy of Legal Education Research Kate Galloway*, Melissa Castan and Alex SteelPART III CALLS FOR ACTION:8 Who Controls University Legal Education in UK Anthony BradneyChapter 9 A virtuous journey through the regulation minefield Sally KiftChapter 10 Trends in Legal Education ReformJulian WebbChapter 11 Thinking or Acting Like A Lawyer? What We Don’t know about Legal Education and are Afraid to AskCarrie Menkel-MeadowChapter 12 Equipping the Legally Literate Leaders of Tomorrow Tania LeimanChapter 13 Prometheus, Sisyphus, Themis: Three futures for legal education research Paul Maharg

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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 SynopsisQualitative Research Approaches for Psychotherapy offers the reader a range of current qualitative research approaches congruent with the values and practices of psychotherapy itself: experience-based, reflective, contextualized, and critical.This volume contains 14 compelling, challenging new essays from authors in both the Northern and Southern hemispheres, writing from a range of theoretical and cultural perspectives. The book covers both established and emerging approaches to qualitative research in this field, beginning with case study, ending with postqualitative, and with hermeneutic, reflexive, psychosocial, Talanoa, queer, feminist, critical race theory, heuristic, grounded theory, authoethnographic, poetic and collaborative writing approaches in between. These chapters introduce and explore the complexity of the specific research approach, its assumptions, challenges, ethics, and potentials, including examples from the authors' own research, therapeutic praTrade Review"I cherish this book as a powerful and much needed tool of decolonisation. The contributors offer insightful chapters that can help us push back against the tokenism, methodolatry, and perspective-less abstractions of mainstream qualitative research. I felt inspired as I read on and connected with the promise of soulful research that sees the intrapsychic alongside the interpersonal, sociocultural, and political. I can’t wait to share this book with my students (undergraduate and doctorate alike) who are thirsty for scholarship that honours depth and brings psychotherapy practice closer to their research endeavours" -- Dr Miltiades Hadjiosif, Senior Lecturer in Counselling Psychology, University of the West of England, USA"Bringing together an impressive field of international authors, this book invites readers into the nexus between qualitative research and psychotherapy practice. It is an ‘essential text’ for the resource list of any psychological therapy training programme. It introduces us to the lexicon of research theory and practice. The book traverses a wide range of methodologies, and this is revealed through both content and styles of writing. Expertise comes from northern and southern hemispheres, and from indigenous, feminist, queer, and critical voices. This is a highly creative, informative, and clinically thought-provoking text." -- Paula Collens, PhD, Senior Lecturer Auckland University of Technology, Course Leader, Research for Psychotherapy, New Zealand"This book is carefully constructed to introduce and discuss qualitative approaches in psychotherapy. Contributors invite readers into their individual approaches through a participative reading, the single chapters thus becoming a construction in their own right which can be seen both as a ‘finished’ work or as a ‘symphonic’ work made up of many movements." -- Dione Mifsud, Department of Counselling, University of Malta, MaltaTable of Contents1. Into the Thick of It: Troubling Case Studies and Researching Close to Therapeutic Practice 2. Hermeneutic Phenomenology: Exploring and Making Meaning of Lived Experience in Psychotherapy Research 3. Using Performative Meta-Reflexivity in Psychotherapy Research 4. A Psychosocial Coming into Play: Researching Authenticity in Therapy, The Academy, and Friendship 5. Feminist Research in Psychotherapy: The Strange Case of The United Kingdom’s ‘Hostile Environment’ Policy 6. Critical Race Theory: A Methodology for Research in Psychotherapy 7. Pasifika Research Methodologies and Psychotherapy 8. Queering Psychotherapy Research: Collaborative Autoethnography and Fossicking 9. Critical Heuristics in Psychotherapy Research: From ‘I Who Feels’ to ‘We Who Care—and Act’ 10. Keeping It Real: Grounded Theory for a Profession on the Brink 11. Researching from the Inside: Using Autoethnography to Produce Ethical Research from Within Psychotherapy Practice 12. (Re)searching Poetically: Poetic Inquiry in Psychotherapy 13. Putting Ourselves in the Picture: Phototherapy, Collaborative Writing, and Psychotherapy Research 14. From Post-Qualitative Inquiry Towards Creative-Relational Inquiry in (And Beyond) the Education/Training of Therapists 15. Re-Searching Research: Reflections on Contributions to Qualitative and Post-Qualitative Research

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Book SynopsisThe Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than the law of the horse, or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings togetTable of ContentsList of Contributors Introduction: The Law of Global Digitality ALEXANDER PEUKERT AND MATTHIAS C. KETTEMANN 1 Context, Subject Matter and Aim of This Book 2 Chapter Overview2.1 Intellectual Property Law 2.2 Data Protection/Privacy2.3 Consumer Contract Law 2.4 Media Law 2.5 Financial Regulation and Criminal Law PART I Intellectual Property 1 Towards a Legal Methodology of Digitalisation: The Example of Digital Copyright Law THOMAS RIIS AND JENS SCHOVSBO 1 Introduction 1.1 Characteristics of Copyright Law 2 Digitalisation in Action 2.1 Legislating Digitalisation 2.1.1 New Subject-Matter: Sui Generis Regulation or Adaptation of Existing Rules? 2.1.2 Designing Flexibility 2.1.3 Assessment 2.2 Adjudicating Digitalisation 2.2.1 Online Exhaustion 2.2.2 Linking 2.3 Summing Up 3 Methodological Shifts in Legal Digitalisation 3.1 The Shift From Substantive Law to Procedural Law 3.2 The Shift Towards Globalisation 3.3 The Shift Towards Horizontally Based Law 3.4 The Shift From State-Enacted Law to Contract and Code 4 Final Remarks 2 Transnational Intellectual Property Governance on the Internet ALEXANDER PEUKERT1 Introduction 2 IPR Enforcement 2.1 Takedown Orders of Courts: De Iure and de Facto Effects2.2 Intermediaries’ Enforcement Measures 2.2.1 The Central Role of Intermediaries2.2.2 Intermediaries’ Enforcement Measures and Their Transnational Effect 2.2.2.1 Domain Name Registrars 2.2.2.2 Access Providers 2.2.2.3 Host Providers and Search Engines 2.2.2.4 Follow the Money: Advertising and Payment Services 2.2.3 Summary 3 Licensing IPRs 4 Conclusion PART II Data Protection/Privacy 3 The More the Merrier: A Dynamic Approach Learning From Prior Misgovernance in EU Data Protection Law INDRA SPIECKER GEN. DÖHMANN1 Introduction 2 The Historical Approach to Data Protection Law—An Overview 2.1 Goals 2.2 Instruments3 Reaction of Today’s Data Protection Law to the Challenges of Global Digitality 3.1 Core Regulatory Goals 3.1.1 Data Protection as a Safeguard of Democracy 3.1.2 Power Asymmetry 3.1.3 GDPR as Unifier 3.2 Core Regulatory Instrumental Approach 3.2.1 Precautionary Principle Versus Risk-Based Approach and the Concept of Technological Neutrality 3.2.2 Data Protection Law as Consumer Protection and Fair Competition Law 3.3 Content Regulation 3.3.1 Enforcement Deficit 3.3.2 Territorial Scope 3.3.3 Enforcement of the Enforcement 3.3.4 Internet Regulation 4 Conclusion and Outlook 4 Giving the Invisible Hand a Relatively Free Hand: Data Privacy in the US and the Unfortunate, but Lawful, Commodification of the Person RONALD J. KROTOSZYNSKI, JR.1 Introduction: The Myriad Cultural and Legal Difficulties of Safeguarding Informational Self-Determination Against Non-Government Actors in the US 2 The First Amendment Will Make Comprehensive Personal Data Protection Laws Difficult to Enact and Enforce 13 The Patchwork Quilt of Federal Statutory Privacy Protections and the First Amendment 4 Constitutional Data Privacy Rights, the State Action Doctrine, and the Scope of Constitutional Rights in the US 5 Why Does the US Lack Strong, General Personal Data Protections Against Non-Governmental Entities?6 Global Digitality, Personal Data Protection, and "The Law of the Horse" 7 Conclusion PART IIIConsumer Contract Law 5 The Challenge of Globalized Online Commerce for U.S. Contract and Consumer Law CHRISTOPHER G. BRADLEY1 Introduction 2 A Ragged Patchwork of Consumer Protection Laws, Regulations, and Institutions 3 The Limits of Technological Approaches to Consumer Protection 4 Not Ready to Restate: A Rejected Consumer Contracting "Bargain" 5 Marshaling Doctrinal, Regulatory, and Technological Protections for Consumers in the Digital Age 6 Conclusion 6 Paradigms of EU Consumer Law in the Digital Age FELIX MAULTZSCH1 Introduction 2 The Market-Centred Approach to Contract Law 3 International Jurisdiction and Conflict of Laws: Connecting Factors 4 Extra-Territorial Application of EU Consumer Law 5 Trends in Substantive EU Sales Law 6 Alternative Means of Dispute Resolution and Enforcement of Consumer Rights 7 Private Governance by Contract and Technology 8 Conclusions PART IVMedia Law 7 Law of Digitality: Media Law—U.S. Perspectives ELLEN P. GOODMAN1 Digital Platform Disclosure Obligations for Political and Commercial Advertising 2 Digital Platform Disclosure Obligations for Deep Fakes and Bots 3 Government Access Obligations Under the First Amendment’s Public Forum Doctrine 4 Digital Platforms’ Exposure to Liability as Publishers and Distributors 4.1 Judicial Interpretations of Section 230 4.1.1 Herrick v. Grindr LLC 4.1.2 Force v. Facebook, Inc. 4.2 Territorial Question 5 Intermediary Liability Reform Proposals 5.1 Ex Post Duty of Care5.2 Creating Genre-Based Statutory Limitations 5.3 Creating Narrow Content-Based Carve-Outs 5.4 Expanding the Definition of Content "Development"5.5 "Political Neutrality" Mandates 5.6 Section 230 as Regulatory Leverage 5.7 Requiring User-Identification Procedures 5.8 Knowledge-Based Standard 6 U.S. Initiatives to Counter Disinformation 8 European Media Law in Times of Digitality STEPHAN DREYER, MATTHIAS C. KETTEMANN, WOLFGANG SCHULZ AND THERESA JOSEPHINE SEIPP1 Introduction 2 The European Communication Order in Digitality 2.1 Media-Specific Legal Instruments 2.2 Sector-Specific Legal Framework 2.2.1 E-Commerce and Electronic Services Law 2.2.2 Telecommunications Law 2.2.3 Contract and Consumer Protection-Related Specifications in the Media Sector 2.2.4 Special Provisions Under Competition Law 2.2.5 Special Provisions Applicable to Intellectual Property Rights 3 Reform of Europe’s Media Order 3.1 The Year of Reform 3.2 Digital Services 3.3 Digital Markets 4 Conclusions PART VFinancial Regulation and Criminal Law 9 Regulating Virtual Currencies ROLAND BROEMEL1 Digital Currencies as a Form of Global Digitality 1.1 Digital Currencies as a Digital Phenomenon 1.1.1 Blockchain as a Specifically Digital Technology 1.1.2 Added Value of Payment Data 1.1.2.1 Data as a Commercial Factor: Cross-Market Business Models 1.1.2.2 Impact on Digital Payment Services and Currencies 1.1.2.3 Development of Digital Ecosystems in Digital Financial Services 1.1.2.4 Ecosystems in Digital Currencies 1.2 Virtual Currencies as a Specifically Global Phenomenon 1.2.1 Technical Factors of Globality 1.2.2 Economic Factors of Globality 1.2.2.1 Exchange Costs and Economic Functions of Money 1.2.2.2 Part of the Network Instead of a Geographical Area 2 Legal Framework of Virtual Currencies 2.1 Adaptation 2.1.1 Banking Supervision Law 2.1.1.1 Virtual Currency as Category: Unit of Account or Crypto Value 2.1.1.2 Regulatory Assessment of the Activities 2.1.2 Stablecoins as E-Money? 2.1.3 Civil Law 2.1.4 Securities Law 2.2 Specific Challenges of Digitality 2.2.1 Prevention of Money Laundering and Financing of Terrorism 2.2.2 Investor and Consumer Protection in the Issuing of Virtual Currencies 2.2.3 Specific Regulatory Requirements for "Value-Referenced Tokens" 3 Conclusion 10 Criminal Law of Global Digitality: Characteristics and Critique of Cybercrime Law BEATRICE BRUNHÖBER1 Defining Criminal Law of Global Digitality 1.1 From Computer Crime to Cybercrime 1.2 Cybercrime Offenses 2 The Challenging Global Dimension of Cybercrime 2.1 Global Challenges 2.2 Approaches to Addressing Global Cybercrime 3 Legislative Approaches 3.1 Distinguishing International From Transnational Criminal Law 3.2 United Nations Measures 3.3 The Council of Europe Convention on Cybercrime 3.4 European Union Framework Decisions and Directives Addressing Cybercrime 3.5 Economic Community of West African States Directive on Fighting Cybercrime 4 Policy Approaches 4.1 United Nations Policy Measures for Addressing Cybercrime 4.2 Regional Policy Strategies for Dealing With Cybercrime 5 Characteristics and Weaknesses of Global Digitality Criminal Law 5.1 Characteristics of Current Global Digitality Criminal Law 5.2 Weaknesses of Present Global Digitality Criminal Law 6 Conclusion Conclusion: The Law of Global Digitality: Findings and Future ResearchMATTHIAS C. KETTEMANN AND ALEXANDER PEUKERT1 The Theme 2 The Findings 3 Suggestions for Future ResearchIndex

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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 SynopsisGlobal Financial Networked Governance provides a careful analysis of the Financial Stability Board (FSB) and the standard-setters under its umbrella to show how such government networks harness the power of public reputation to herd their members into compliance. The FSB's track record in coordinating global financial regulatory reform is uneven. Some items on its agenda have seen the rapid evolution of globally coordinated regulatory standards and their implementation by all member states, sometimes even ahead of the stipulated timelines. In contrast, other initiatives have stalled at different stages of the policymaking process, global coordination is lacking, deadlines have been missed, and it is currently unclear when the post-crisis financial reform project will come to completion, if ever. In this book, the author asks the question: why has the FSB succeeded in some areas of its global financial regulatory coordination work and not in others? The book traces tTrade Review“Peter Knaack’s extremely interesting Global Financial Networked Governance provides an in-depth analysis of the Financial Stability Board as it relates to government networks in the aftermath of the global financial crisis. In doing so, Knaack discusses the uneven implementation record of the FSB with respect to three reform areas: prudential banking (Basel III), OTC derivatives, and ending Too-Big-To-Fail. Basel was a success, and Knaack uses the example to underscore his main point. Policies effectuated by government networks of regulators, in his view, are generally implemented consistently and quickly, whereas policies that are subjected to involvement by legislators tend to experience delays and cross-border inconsistencies. He notes that the place where Basel was implemented slowly was the place where the EU parliament got involved. Derivatives regulation and TBTF exhibit similar characteristics – where regulation alone is sufficient, regulatory cooperation works; where legislatures must be involved, regulatory cooperation can founder. The thesis is very plausible – we see similar dynamics in international trade rule compliance. And the discussions of the regulatory issue areas erudite and informed. I really enjoyed the book, and welcomed its contribution to the larger subject of international regulatory cooperation, and how it can prosper.”David Zaring, Elizabeth F. Putzel Professor of Legal Studies & Business Ethics at Wharton, University of Pennsylvania, USA“An original, important and timely contribution to our understanding of the politics of international standard setting in finance, the (at times, problematic) domestic implementation of the standards set, as well as the cooperation (or, in some instances, the lack thereof) among the main financial jurisdictions in the pursuit of financial stability. The novel theoretical perspective of the book, which examines the institutional pathways of policy-making, and its rich empirical analysis, which delves into various activities of the Financial Stability Board and related international standard-setting bodies, make this work a ‘must’ for those interested in the governance of global finance and, more broadly, global economic governance.”Lucia Quaglia, Professor of Political Science, University of Bologna, Italy“In Global Financial Networked Governance, Peter Knaack provides a detailed analysis of the Financial Stability Board (FSB) and its work in three critical areas: the Basel III accord on capital, liquidity and leverage requirements; reforms of the over-the-counter derivatives market; and efforts to put an end to the fact that some banks are perceived to be too big to fail. Based on numerous interviews with key participants in the FSB’s activity over the 2010s, Knaack sheds unprecedented light on this important component of the global financial regulatory architecture, and provides unique reference material for future students of non-binding yet consequential rulemaking at the international level.”Nicolas Véron, Senior Fellow, Bruegel, Belgium; and the Peterson Institute for International Economics, USA“This book takes a multidisciplinary approach to explaining why the Financial Stability Board (FSB), as a representative example of global networks as opposed to intergovernmental organizations, has a mixed record in achieving global financial regulatory coordination. Drawing on firsthand interviews with stakeholders, the author provides a novel explanation that the legislative reluctance to empower the FSB has resulted in difficulty in compliance with globally coordinated regulatory standards. It takes a step further to raise a fundamental question about the legitimacy of implementing uniform global financial regulatory standards across the board. In addition to procedural legitimacy, it would be useful if the author can examine whether it is desirable to adopt a global standard financial regulatory framework given divergent financial structures for countries (such as small and local banks in developing countries versus large and internationally active banks in developed countries) at different stages of development in the future research. The book makes a great contribution to a better understanding of global financial governance.Jiajun Xu, Executive Deputy Dean, Institute of New Structural Economics at Peking University, China“This scholarly and highly readable work deftly blends regulatory, financial and political insights. It is a model of the interdisciplinary research needed to confront real-world problems. Moreover, it addresses a question of fundamental importance. How do you effectively implement global policies when power rests in the hands of self-interested nation states? Knaack carefully examines the successes and failures of various, global projects initiated by the Financial Stability Board. He finds therein a model, the international ‘governance network’, that might be applied to other pressing global problems like climate change and the regulation of Artificial Intelligence. This book should be of immense interest to anyone interested in actually making change happen at the global level.”William White, Senior Fellow, C.D. Howe Institute, Canada, and Former Economic Adviser and Head of the Monetary and Economic Department, Bank of International Settlements (BIS)“In the wake of the global financial crisis there was a clarion call for better international regulation, yet the record is mixed. Why? In this carefully researched book, Knaack shows that when international technocratic networks could work unencumbered, reforms were more likely to succeed. But national legislatures were (rightly) wary of ceding power to unelected supranational bodies, often acting to stymie reform efforts. This book pinpoints a dilemma at the heart of global financial regulation: transnational networks of technocrats are effective at delivering international cooperation but are unaccountable, while national legislatures are accountable but ineffective, as they are not set up to cooperate across borders. Reconciling the tension between effectiveness and accountability is a vital challenge that international institutions like the financial stability board need to address. This book provides important and thought-provoking insights for scholars and policymakers alike.”Emily Jones, Associate Professor of Public Policy at the Blavatnik School of Government, University of Oxford, UK, and Director of the University's Global Economic Governance ProgrammeTable of Contents1. The Financial Stability Board – A Mixed Track Record at the Center of Global Financial Governance 2. The Power of a Government Network – and its Limits 3. Timely Implementation and Mock Compliance with Basel III 4. OTC Derivatives 5. The Never-Ending Too-Big-To-Fail Story 6. Effectiveness and Legitimacy of Government Networks

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Book SynopsisThe insurance industry has found itself at the front line of climate change challenges, providing insurance cover in relation to risks associated with climate change. As risk carriers, insurers pay claims for climate change related losses â such as property damage caused by windstorms, flooding, and wildfires â which have been increasing in frequency and severity.As major institutional investors, insurance companies invest in assets that may be increasingly vulnerable to climate risks. Insurance regulators across the globe have therefore started to require insurance companies to identify, manage, and report on climate change risks that could pose a threat to their financial stability. However, managing and reporting on the effect of climate risk on an insurerâs balance sheet is an inward-looking perspective that does not stem climate change. It needs to be paired with an outward-looking perspective that takes account of the insurance industryâs impact on the environment and t

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Book SynopsisThis volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics.Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, and our methods of fulfilling ethical goals. The chapters in this volume extend experimental work on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics and legal and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various aTable of Contents1. The Experimental Turn in Moral and Political Philosophy Antonio Gaitán, Fernando Aguiar and Hugo Viciana Part 1: Methods and Foundations 2. The Natural Law Thesis Under Empirical Scrutiny Ivar R. Hannikainen, Brian Flanagan and Karolina Prochownik 3. Concrete Over Abstract: Experimental Evidence of Reflective Equilibrium in Population Ethics Philipp Schoenegger and Ben Grodeck 4. Trolley Problems Reimagined: Sensitivity to Ratio, Risk, and Comparisons Craig McKenzie, Dana Kay Nelkin, Samuel C. Rickless and Arseny Ryazanov 5. The Psychology of Metaethics: Evidence For and Against Folk Moral Objectivism Lieuwe Zijlstra 6. The Explanatory Redundancy Challenge to Moral Properties Thomas Pölzler 7. Belief Distributions and the Measure of Social Norms Cuizhu Wang 8. Coming Full Circle: Incentives, Reactivity, and the Experimental Turn Mariìa Jimeìnez Buedo Part 2: Normative Ethics and Legal and Political Philosophy 9. Virtues for Real-world Utilitarians Stefan Schubert and Lucius Caviola 10. What Experiments Can Teach Us About Justice and Impartiality: Vindicating Experimental Political Philosophy Aureìlien Allard and Florian Cova 11. A Behavioral Ethics Perspective on the Theory of Criminal Law and Punishment Hadar Dancig-Rosenberg and Yuval Feldman 12. Behavioral Ethics and the Extent of Responsibility Douglas Husak 13. Against Moorean Defences of Speciesism François Jaquet Part 3: Applied Issues 14. Experimental Bioethics and the Case for Human Enhancement Blanca Rodriìguez 15. The Use and Abuse of Moral Preferences in the Ethics of Self-Driving Cars Norbert Paulo, Leonie Alina Möck and Lando Kirchmair 16. Adaptive Preferences: An Empirical Investigation of Feminist Perspectives Urna Chakrabarty, Romy Feiertag, Anne-Marie McCallion, Brain McNiff, Jesse Prinz, Montaque Reynolds, Sukhvinder Shahi, Maya Von Ziegesar, Angella Yamamoto, and Tomasz Zyglewicz 17. Reactionary Attitudes: Strawson, Twitter, and the Black Lives Matter Movement Anastasia Chan, Marinus Ferreira, and Mark Alfano

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Book SynopsisThis book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arTable of Contents1 Introduction. 2 Background. 3 Law as a Substantive Norm. 4 Commercial Norms. 5 International Construction Law. 6 Fairness as a Substantive Norm. 7 Mandatory rules of foreign law. 8 The arbitrator’s background. 9 Conclusion

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Book SynopsisThe law that applies to maritime operations at sea is complex and comprises two distinct elements: treaty law (1982 United Nations Convention on the Law of the Sea), and the cases and incidents that occur at sea in both peacetime and during armed conflict which result in the creation of customary international law applicable to maritime operations at sea. Covering sovereignty and vessel status, jurisdiction and interdiction, freedom of navigation, maritime law enforcement and security, and the law of naval warfare, this edited collection brings together the most famous and influential cases and incidents at sea. Exploring the entire spectrum of maritime operations from high end' war-fighting to constabulary operations that are conducted by naval forces and maritime law enforcement agencies at sea to provide the factual circumstances of each case or incident; offering sophisticated analysis and insights into the case or incidents enduring importance, and their significance for the deTable of ContentsTABLE OF CONTENTS:ForewordAcknowledgmentsList of Treaties, Cases and National Legislation cited1. Introduction (David Letts and Rob McLaughlin)Part I: Sovereignty and Vessel Status2. The ‘Lotus Case’ (France V Turkey) (Camille Goodman)3. ARA Libertad (Martin Fink)Part II: Jurisdiction and Interdiction4. The MS Achille Lauro Hijacking (Steven Haines)5. The So San Incident (Douglas Guilfoyle)6. United States of America v Lei Shi (David Letts)7. The Ali and Shibin Cases in Relation to Article 101(C) of UNCLOS and the Facilitation of Piracy (Tamsin Phillipa Paige and Rob McLaughlin)Part III: Freedom of Navigation, Maritime Law Enforcement, and Maritime Security8. The Black Sea Bumping Incident (Pete Pedrozo)9. I’m Alone (Stuart Kaye)10. The Red Crusader Incident (Rob McLaughlin)11. MV Saiga (No.2) (Phil Drew)12. The ‘Whiskey on the Rocks’ Incident (Cameron Moore)Part IV: Law of Naval Warfare13. RMS Lusitania (Cameron Moore)14. The Admiral Graf Spee in Montevideo (James Farrant) 15. The Altmark Incident (James Farrant) 16. The Sinking of ARA General Belgrano (David Letts)17. The Mavi Marmara Incident (Douglas Guilfoyle)

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Book SynopsisThis book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy.Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries' different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of robust' implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why suTable of ContentsAcknowledgments Introduction PART IConceptual and theoretical framework 1 Definition and operationalization of transitional justice: The Transitional Justice Scale 2 Theoretical framework: A holistic approach to delayed transitional justice PART IITransitional justice trajectories in context 3 Spain: From deliberate forgetting to limited acknowledgment 4 Uruguay: From blockage to criminal accountability 5 Brazil: From a marginal issue to the ‘right to truth’ PART IIIComparative analysis 26 Making sense of the timing of transitional justice 7 Making sense of differences in countries’ trajectories Conclusion Annex Index

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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 provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the Völkerstrafgesetzbuch, 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice.Following the adoption of the ICC Statute, many States, including Germany with the Völkerstrafgesetzbuch, introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, likTable of ContentsForeword (Marta Cartabia, Former Minister of Justice)Preface (Rosario Aitala, Judge International Criminal Court)1. Obligations, Options and Obstacles: Implementing the Rome Statute Revisited (Chantal Meloni and Florian Jeßberger)2. Italian Perspectives on the Domestic Implementation of International Criminal Law 2.1. The Domestic Codification of International Crimes: the Private Initiative "Cariplo Project" (Fausto Pocar)2.2. Previous Italian Legislative Drafts (Marco Pedrazzi) 2.3. Implementation of Substantive Rules of International Criminal Law in Italy: between International Obligations and Constitutional Law Principles (Alessandra Annoni) 2.4. International Criminal Law Implementation and Constitutional Law (Francesco Viganò) 2.5. The Way Forward: an Overview on the Draft "Palazzo-Pocar" of 2022 (Nicola Selvaggi)3. The Adoption of Domestic Laws on International Criminal Justice: the German Code of Crimes Against International Law (Völkerstrafgesetzbuch) and the Global Perspective 3.1. Domestic and International Criminal Justice: Challenges Ahead (Andreas Zimmermann and John Schabedoth)3.2. Between International Solidarity and ‘No Safe Haven’: the German Völkerstrafgesetzbuch 20 Years On (Boris Burghardt) 3.3. Shortcomings and Proposals for Reform of the Völkerstrafgesetzbuch (Leonie Steinl) 3.4. Domesticating the ICC Statute: a Global Perspective (Antonio Coco) 3.5. Other Examples of Domestic Implementation of the ICC Statute (Kalika Metha) 4. Defining International Crimes in the Domestic Legislation4.1. How to Implement Crimes Against Humanity and Genocide in the Italian System (Maria Crippa) 4.2. The Italian Legislation on War Crimes: Obligations to Implement and Principle of Legality (Giulio Bartolini and Marco Longobardo)4.3. Prosecuting Crimes Against Humanity and Genocide as Ordinary Offences: What Consequences? (Luigi Prosperi)4.4. Domesticating the Sidelined Crime of Aggression (Annegret Hartig)5. Individual Criminal Responsibility, Sanctions and Sentencing in the Domestic Legislation 5.1. How to Domesticate the Modes of Liability for International Crimes in the Italian System (Chantal Meloni) 5.2. The Implementation of International Criminal Law in Germany: the Approach to Modes of Liability (Volker Nerlich) 5.3. Sanctions and Sentencing for International Crimes in Domestic Legal Systems (Epik Aziz) 5.4. Applying the ‘International’ Rationales of Sanctioning into the Domestic Criminal System (Alice Riccardi) 6. Immunities, Jurisdiction and Prosecutorial Discretion6.1. Prosecuting International Crimes Before Domestic Courts and the Question of Immunities (Chiara Ragni) 6.2. The Rejection of Immunities for International Crimes: a Solution for the Survival of the International Criminal Justice Project? (Valeria Vegh Weis) 6.3. Justice of the Powerful: Abusing Prosecutorial Discretion in the Punishment of International Crimes? (Triestino Mariniello) Annex:The Italian Ministry of Justice Proposal for a Code of International Crimes of 2022 ("Palazzo-Pocar Draft") (EN)Index

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Book SynopsisThe main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels.It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features.While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent

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Book SynopsisThe United Nations Convention on the Law of Sea (âUNCLOSâ) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each regionâs maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims. The history and future applicability of multilateral Joint Development Area agreements for each region are evaluated for their potential to provide a cooperative solution to resolve ongoing tensions. Highlighting the limitations of current âgun-boatâ diplomacy, the monograph makes practical suggestions for new paradigms for resolving outstanding disputes, promoting lasting peace and generating economic benefits resulting from resource development.

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Book SynopsisJurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism, critical race theory, the challenges of digital technology, and the emergence of new legal subjects. Accessible, interdisciTable of ContentsIntroduction Part 1: Law and Modernity 1.The Differentiation of Society and the Autonomy of Law 2. Social Contract Theory 3. Law and the Rise of the Market System 4. Law and the Political 5. Law and the Social Tutorials for Part 1 Part 2: Legality, Legal Reasoning, and Justice 6. Legality and Validity 7. Legal Reasoning I: Formalism and Rule-Scepticism 8. Legal Reasoning II: the turn to interpretation 9. The Politics of Legal Reasoning 10. Justice Tutorials for Part 2 Part 3: Advanced Topics 11. Trials, facts and narratives 12. Functional differentiation and the autopoiesis of law 13. Legal Institutionalism 14. Legal Pluralism 15. Displacing the juridical: Foucault on power and discipline 16. Law and the anthropocene

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Book SynopsisThere are few contemporary studies on the finances of unions. Indeed, little research exists on the internal operations of unions in the U.S. This book provides a comprehensive analysis of the financial resources and performance of the largest national unions. It discusses the theoretical and practical relevance of the topic, which goes directly to the formation, maintenance, and potential advancement of labor organizations. Financial capacity and performance create incentives for unions to mobilize at the grassroots level and launch major drives to improve their position in society. Understanding how unions raise and spend money provides insight as to their administrative orientation and organizational capacity. Given its topical breadth and depth, the book stands apart from the extant literature on unions in society. It is unique in the range of financial information presented, how data are analyzed, and its treatment of such important matters as compensation and benefits; operating budgets; political activism as measured by expenditures from treasury-based funds and political mechanisms funded by members through voluntary donations. The authors show not only the scope of union financial wherewithal and how it varies across labor organizations but also how such indicators compare to corporate entities who employ the rank-and-file.The book provides a wealth of information on how to analyze the finances of unions and to use this information to prepare for collective bargaining and other aspects of labor-management relations. It informs employers and other observers about how unions are able to represent members and their ability to withstand strikes.

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Book SynopsisThis book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violat

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Book SynopsisThis book offers a solution-focused and strengths-based guide to becoming an effective Prison Officer. Written and developed by a collection of ex-prisoners who are all now professionals, practitioners, and educators in the criminal justice field, the book draws on lived experience and the diverse literature on prisons and penal policy to explore good and bad examples of professional practice. The book is informed by the belief that those with direct experiences of custody and incarceration offer a vital perspective on the efficacy of penal practice. While these voices are often accessed through research, it is rare they are seeking to lead the conversation. This book seeks to reset this balance. Drawing on themes such as discretion, respect, relationships, and legitimacy, it offers recommendations for best practices in developing a rehabilitative culture in prison. This book will be of interest to practitioners, researchers, and educators alike. It is essential readinTrade Review‘This is a powerful, original, and deeply moving account of the best kinds of work that prison officers can do and the life-changing impacts of that work. It is written collaboratively, and with passion and insight, by a ‘redemption community’ – professional wounded healers – who have lived experience of adult and children’s prisons. It is such a positive and inspiring contribution - every prison officer should read it.’Alison Liebling, Institute of Criminology, Cambridge‘This highly engaging and original collection provides crucial insight into the various ways that prison officers can shape the experience of imprisonment through forms of relational investment. Conveying tumultuous backgrounds and complex interior lives, it illuminates how seemingly minor acts of humanity and inhumanity, or dismissiveness and support, can change a prisoner’s orientation to his or her sentence and set the course for a different future’Ben Crewe, Professor of Penology and Criminal Justice and Deputy Director of the Prisons Research Centre'This book’s simple proposition is that any attempt to improve prisons must involve careful listening to the voices of people that live or have lived inside them. More specifically: If you want to know how the everyday exercise of penal power can avoid harm and maybe even do some good, then you *must* listen to people who have been on its receiving end. For as long as prisons persist, I hope those who work in or study prisons, and who make penal policy, will read this book. It is jam-packed full of such hard-earned wisdom and compassion. It is deeply thoughtful and powerfully affecting, constructive and challenging, critical and practical. Please read it — and ponder the human potential that we might release if we could radically rethink our approaches to punishment.’Fergus McNeill, Professor of Criminology & Social Work at the University of Glasgow ‘This book is innovative and very informative. As a former Prison Officer, myself, it was sadly often the case that we did not see the successes that can happen. The accounts in this book are inspirational from the authors showing that indeed many prisoners go on to change their lives and undeniably payback tenfold to a system that needs careful consideration and change. In this respect it provides a sense of hope that is sadly often lacking within our prison systems. It was heart-warming to read the gratitude in these pages and that on occasions Prison Officers do get it right in the realms of undertaking an often difficult and thankless task. This book does not raise security concerns, it is not ex-prisoners telling Prison Officers how to do their job properly, moreover it is an honest and open account of the power that positivistic relationships can have to help overcome adversity if small adjustments are made. In my opinion it is a must read for any Prison Officer and indeed anyone who wants to explore the complex power of relationships taking place within the carceral space.’ Russell Woodfield, Lecturer in Forensic Psychology and CriminologyTable of Contents1.Introduction to the Team and Project Andi Brierley 2.The Legitimacy of Trust Andi Brierley 3.More Than a Number! Kevin Neary 4.Flexibility: Negotiation and Discretion Max Dennehy 5.I Have Never met a Child that Healed in a Cell Kierra Myles 6.From Adversity to University Daniel Whyte 7.We’re only Human Devon Ferns 8.Relationships are the Agents of Change James Docherty 9.Time for Change Andi Brierley

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Book SynopsisSocial Justice, Social Discrimination, and Mental Health explores the theory and background of social justice in the context of mental health of individuals, cultures, and communities.This ground-breaking book is a comprehensive text which defines what the social justice agenda' in therapeutic fields is and provides concrete and innovative descriptions of social justice in practice. With case studies and examples of real-life practice from a team of international contributors, it covers the full range of activities that mental health professionals need to deliver their services.This text will be essential reading for students, early career professionals, and those training in psychiatry, psychotherapy, clinical, counselling, and community psychology, as well as senior practitioners.

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Book SynopsisThe Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives.At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law.This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.Table of Contents1. Introduction 2. Intentional action 3. Recklessness 4. Negligence 5. Causation 6. Inchoate offences 7. Complicity 8. Homicide and Assault 9. Sexual offences 10. Defences 11. Punishment, pardons, and parole

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Book SynopsisCybercrime continues to skyrocket but we are not combatting it effectively yet. We need more cybercrime investigators from all backgrounds and working in every sector to conduct effective investigations. This book is a comprehensive resource for everyone who encounters and investigates cybercrime, no matter their title, including those working on behalf of law enforcement, private organizations, regulatory agencies, or individual victims. It provides helpful background material about cybercrime''s technological and legal underpinnings, plus in-depth detail about the legal and practical aspects of conducting cybercrime investigations. Key features of this book include: Understanding cybercrime, computers, forensics, and cybersecurity Law for the cybercrime investigator, including cybercrime offenses; cyber evidence-gathering; criminal, private and regulatory law, and nation-state implications Cybercrime investigation from three key perspeTable of ContentsPart 1: Cyber Law. 1. Introduction. 2. Cybercrimes and Criminal Statutes. 3. Laws Pertaining to the Criminal Investigative Process. 4. Nation State and Terrorist Nexus. 5. Civil and Regulatory Issues Relating to Cybercrime. Part 2: The Criminal Investigation. 6. The Crime (Act). 7. Gathering Leads and Potential Evidence. 8. Following the Money. 9. Gathering Records and Evidence with an Eye towards Potential Trial. 10. Identification and Attribution of the Suspect. 11. Getting Technical. 12. Apprehending the Suspect and Follow on Actions. 13. The Criminal Investigation and Case Continues after Arrest. Part 3: The Civil Investigation. 14. Comparing the Civil Investigation to the Criminal Investigation. 15. Civil Legal Process Available. 16. E-Discovery. 17. Sharing with Law Enforcement. Part 4: Appendix. 18. Statutes. 19. Criminal Cases. 20. Civil Cases. 21. Cybercrime Investigation Organizations. 22. Cybersecurity Organizations.

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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 SynopsisThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of illiberal constitutionalism. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional revTable of Contents1. Turbulent times in the constitutionalism of Central and Eastern European countries; Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism; 2. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law; 13. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?

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Book SynopsisThis book considers the concept of consent in different contexts with the aim of exploring the nuances of what consent means to different people and in different situations. While it is generally agreed that consent is a fluid concept, legal and social attempts to explain its meaning often centre on overly simplistic, narrow and binary definitions, viewing consent as something that occurs at a specific point in time.This book examines the nuances of consent and how it is enacted and re-enacted in different settings (including online spaces) and across time. Consent is most often connected to the idea of sexual assault and is often viewed as a straight-forward concept and one that can be easily explained. Yet there is confusion among the public, as well as among academics and professionals as to what consent truly is and even the degree to which individuals conceptualise and act on their own ideas about consent within their own lives.Topics covered include: consent in dTable of ContentsIntroduction; Part I: Cultural Representations of Consent; 1. The Whiteness of Consent; 2. Literatures of Consent; 3. SM, the law & an opaque sexual consent narrative; 4. What’s in a Name (or Even Pronoun)?; Part II: Shifting Meanings of Consent; 5. “What do I Call This?”: The Role of Consent in LGBTQA+ Sexual Practices and Victimization Experiences; 6. How Drunk is “Too Drunk” to Consent? A Summary of Research on Alcohol Intoxication and Sexual Consent; 7. Two Wrongs Make it Right: Perceptions of Intoxicated Consent; 8. An Approach to Developing Shared Understandings of Consent with Young People; Part III: Women's Bodies and the Narrative of Consent; 9. The Right to Withdraw Consent to Continuing an Unwanted Pregnancy; 10. Unlearning Agreement: Imagining the Law without Consent; 11. Consent work: Facilitating Informed Consent in Labour and Childbirth; 12. Consent and Work: A Postfeminist Analysis of Women’s Acquiescence to long working hours; Part IV: Consent in a Digital World; 13. Consent isn’t just a girl’s thing: consent and image based sexual abuse; 14. Negotiating consent in online kinky spaces; 15. Molka: Consent, Resistance, and the Spy-Cam Epidemic in South Korea; 16. Negotiating power, pleasure and agency in online sex work: Unpacking what “consent” means in the context of “camming”; Part V: Legal and Political Representations of Consent; 17. Sex games gone wrong: Consent in the Courts; 18. The mediation of school-based consent education debates in Australia; 19. Sex work politics and consent: The consequences of sexual morality; 20. Victim and Perpetrator: reflecting upon sexual consent, autism and/or learning difficulties; 21. Whose Consent?: Donor Conception, Anonymity and Rights

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Book SynopsisThe objective of this book is to provide a comprehensive overview of the legal basis, under international law and the relevant regional legal frameworks, for the establishment and further development of area-based conservation tools in the Mediterranean Sea, with a particular emphasis placed on the transboundary area-based conservation instruments available for the Adriatic and Ionian Seas. Specifically, the aim is to identify and analyze the concepts and functioning of both marine protected areas (MPAs), as traditional area-based tools enabling marine habitat and species conservation, and other effective area-based conservation measures (OECMs), as a more recent addition to the picture. Further, with a view to providing responses to the complex set of challenges raised by the variety of tools and levels of intervention, conclusions and ways forward are provided that identify practical implementation instruments through which a truly transboundary perspective may guTable of ContentsForeword Preface Acknowledgements List of abbreviations and acronyms List of figures List of contributorsCHAPTER 1 Mitja Grbec and Tullio Scovazzi THE ADRIATIC AND IONIAN SEAS AS PART OF THE WIDER MEDITERRANEAN SEA 1.1. Geographical and political considerations 1.2. The present juridical picture of the Mediterranean waters 1.3. Implications of the recent process of extension of coastal State jurisdiction in the Adriatic and Ionian Seas 1.4. The Mediterranean, Adriatic, and Ionian Seas as juridically enclosed or semi-enclosed seas1.5 Conclusive summary CHAPTER 2 Tullio Scovazzi THE GLOBAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 2.1. The domestic and international dimension of marine protected areas 2.2 The main global policy instruments2.3 The main global legal instruments A. The United Nations Convention on the Law of the Seaa. Internal maritime watersb. Territorial seac. Exclusive economic zoned. Continental shelfe. High seas f. Seabed beyond national jurisdiction B. The International Convention for the Regulation of WhalingC. The Convention on Biological Diversitya. The notion of marine protected areab. The Jakarta Mandatec. The Ecologically or Biologically Significant Marine Areasd. The Aichi Targets and the Kunming-Montreal 2030 Global Targets e. The notion of other effective area-based conservation measures D. The Convention concerning the Protection of the World Cultural and Natural HeritageE. The Convention for the Prevention of Pollution from Shipsa. The Particularly Sensitive Sea Areas F. The Convention on the Protection of the Underwater Cultural Heritage 2.4. Conclusive summary CHAPTER 3 Mitja Grbec and Tullio ScovazziTHE REGIONAL AND SUB-REGIONAL LEGAL BASIS FOR MARINE AREA-BASED CONSERVATION 3.1. Regional instruments and their coordination with global instruments A. The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocolsa. The Areas Protocolb. The Offshore Protocolc. The Coastal Zone Protocol B. The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area a. The proposed marine protected areas for cetaceans C. The Agreement for the Establishment of the General Fisheries Commission for the Mediterraneana. The fisheries restricted areas D. The Convention on the Conservation of European Wildlife and Natural Habitats3.2. Sub-regional instruments outside the Adriatic and Ionian SeasA. The RAMOGE Agreement B. The Pelagos Sanctuary Agreement 3.3. Sub-regional instruments within the Adriatic and Ionian Seas A. Sub-regional cooperation within the institutional framework of the Barcelona Convention and its protocols B. Cooperation within the Joint Commission for the protection of the Adriatic Sea established by the 1974 Belgrade AgreementC. Cooperation within the framework of the intergovernmental Adriatic-Ionian InitiativeD. Cooperation within the framework of the European Union Strategy for the Adriatic and Ionian Region3.4. Conclusive summary CHAPTER 4 Mitja GrbecMARINE AREA-BASED CONSERVATION UNDER EUROPEAN UNION LAW 4.1. The European Union maritime policy and its goals 4.2. The Marine Strategy Framework Directive and its regional application 4.3. The Habitats and Birds Directives A. The Birds Directive B. The Habitats Directive C. The NATURA 2000 Network and the Adriatic and Ionian Seas 4.4. The European Union Biodiversity Strategy 2030 4.5. Conclusive summary CHAPTER 5 Ilaria Tani MARINE AREA-BASED CONSERVATION WITHIN AREAS OF NATIONAL SOVEREIGNTY AND JURISDICTION 5.1. Legal frameworks within Adriatic and Ionian States A. Existing national legal frameworks B. Indicators for effective national legal frameworksa. Coordinated implementation of international and regional commitmentsb. Institutional coordinationc. Specific legal provisions for marine protected areas establishment and management d. Adoption of protection measurese. Management planning and zoning for marine protected areas f. Integration of marine protected areas into coastal and maritime spatial planning policiesg. Stakeholder involvement h. Financing mechanisms i. Monitoring, compliance, and enforcement5.2. National marine protected areas 5.3. Conclusive summary CHAPTER 6 Ilaria Tani TRANSBOUNDARY AREA-BASED CONSERVATION BEYOND THE TERRITORIAL SEA WITHIN THE MEDITERRANEAN SEA AND THE ADRIATIC AND IONIAN SEAS 6.1. The Pelagos Sanctuary 6.2. Transboundary cooperation in the Strait of Bonifacio 6.3. The GFCM fisheries restricted areas A. The Lophelia Reef off Capo Santa Maria di Leuca B. The Jabuka/Pomo Pit C. The Bari Canyon D. The deep-water essential fish habitats and sensitive habitats in the South Adriatic 6.4. Conclusive summary CHAPTER 7 Tullio Scovazzi THE CASE FOR ESTABLISHING TRANSBOUNDARY MEDITERRANEAN SPAMIs WITHIN THE ADRIATIC AND IONIAN SEAS 7.1. Challenges and opportunities 7.2. Potential areas 7.3. Protection measures and management authorities 7.4. Conclusive summary CHAPTER 8 Ilaria Tani THE CASE FOR PURSUING TRANSBOUNDARY AREA-BASED CONSERVATION THROUGH A EUROPEAN GROUPING OF TERRITORIAL COOPERATION WITHIN THE ADRIATIC AND IONIAN SEAS 8.1. Legal and operational basis8.2. Challenges and opportunities 8.3. Potential areas and protective measures 8.4. Management authority 8.5. Conclusive summary CHAPTER 9 Mitja GrbecTHE CASE FOR ESTABLISHING A PARTICULARLY SENSITIVE SEA AREA IN THE ADRIATIC AND IONIAN SEAS 9.1. Challenges and opportunities 9.2. Work undertaken so far 9.3. Marine areas to be covered and potential associated protective measures A. Existing associated protective measures a. Mandatory ship reporting b. Routeing c. MARPOL Special Areas B. New associated protective measures 9.4. Conclusive summary CHAPTER 10 Mitja BriceljTHE SUSTAINABLE DEVELOPMENT OF THE WIDER MEDITERRANEAN: MULTI-STAKEHOLDER SETTINGS, ECOSYSTEM APPROACH, AND MARITIME SPATIAL PLANNING10.1. Multi-stakeholder settings as transboundary cooperation tools10.2. A sustainable development strategy for the Mediterranean region10.3. Ecosystem approach as integrated operational approach at the regional level10.4. Ecosystem approach as integrated operational approach at the sub-regional level10.5. Ecosystem approach in the integrated coastal zone management 10.6. Maritime spatial planning and green (and blue) infrastructure10.7. Conclusive summary CHAPTER 11 Iztok ŠkerličA PERSPECTIVE FROM THE EUSAIR FACILITY POINT: MARITIME SPATIAL PLANNING AS A CROSS-PILLAR ELEMENT OF THE STRATEGY11.1. The EUSAIR Action Plan and its contribution to the implementation of the Coastal Zone Protocol 11.2. Interactions between the blue economy and environmental quality in the EUSAIR11.3. The Facility Point project as a support tool to the EUSAIR (maritime) governance process11.4. Conclusive summary CHAPTER 12 Mitja Grbec, Tullio Scovazzi, Ilaria Tani CONCLUSIVE REMARKS ON AN ADRIATIC AND IONIAN SEAS RESPONSE TO GLOBAL CHALLENGES IN THE FIELD OF ENVIRONMENTAL PROTECTION: TOWARDS COORDINATED NETWORKS OF MARINE PROTECTED AREAS?12.1. Challenges and existing opportunities 12.2. Objectives and ways forward List of references

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Book SynopsisThis book presents the argument that solution-driven policy and treaty changes, if faithfully implemented, will rekindle the relevance of the International Criminal Court (ICC) in combatting and prosecuting atrocity crimes.

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Book SynopsisThis book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience States, applicants and public opinion of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals.Table of ContentsIntroduction 1 Challenges of judicial reasoning in beginning and end-of-life cases 2 Ways of judicial reasoning – outline 3 Ways of reasoning in medically assisted procreation and surrogacy cases 4 Ways of reasoning in abortion cases 5 Ways of reasoning in end-of-life situations Conclusion Index

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Book SynopsisThis book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design. Table of ContentsList of tablesList of boxesList of figuresPreface: the why1 What is fashion? How social and cultural norms make the world of fashion glimmer and mesmerise2 House of sartorial genius? History of imitation in the modern fashion industry3 Fashion as creativity- and emotions-intensive sector. Business perspectives and intellectual property strategies4 Copyrightability of fashion design in US and EU law: in search of a copynorm 5 Coloured by emotions: craft quality and seductive quality. Originality test revisited

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