Law Books

Book SynopsisWhat is social control? How do social controls become part of everyday life? What role does the criminal justice system play in exerting control? Is the diagnosis and treatment of mental illness a form of social control? Do we need more social controls to prevent terrorist atrocities? In this third edition of his popular introduction, James J. Chriss carefully guides readers through the debates about social control. The book provides a comprehensive guide to historical debates and more recent controversies, examining in detail the criminal justice system, medicine, national security, and everyday life. Chriss blends theoretical discussion with a rich range of contemporary examples to illustrate the ways in which social control is exerted and maintained. The updated edition includes new or expanded material on autism, trauma and PTSD, sports participation, the murder of George Floyd and the ensuing protests, domestic terrorism, the COVID-19 pandemic, and the growing importance of social media in surveillance and informal control, among other topics. Social Control is essential reading for students taking courses in deviance and social control, and will also appeal to those studying criminology, the sociology of law, and medical sociology.Trade Review“Professor Chriss has written a theoretically informed and far-ranging account of the origins, types, and functions of social control in human society. Key concepts are reinforced by relevant present-day case studies. Highly recommended.”William C. Cockerham, Emeritus, University of Alabama, and College of William and Mary “Chriss reminds us that social control, the flip side of deviance, is central to social life; all societies practice it, from the pinnacle of the power structure to all of us at the grassroots, in our interactions with others on a one-to-one basis.”Erich Goode, Emeritus, Stony Brook UniversityTable of ContentsPART I UNDERSTANDING SOCIAL CONTROL 1 What Is Social Control? 2 A Typology of Social Control 3 Informal Control 4 Medical Control 5 Legal Control PART II CASE STUDIES IN SOCIAL CONTROL 6 Informal Control: Housing Segregation, the Code of the Street, and Emerging Adulthood and Morality 7 Medical Control: Selective Mutism, Autism, and Violence as a Disease 8 Legal Control: Racial Profiling, Hate Crimes, and the Imprisonment Binge 9 Terrorism and Social Control 10 Conclusion: The Future of Social Control Notes References

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Book SynopsisIt is a simple story. A 37-year-old man belonging to the Traveller community is shot dead by a special unit of the French police on the family farm where he was hiding since he failed to return to prison after temporary release. The officers claim self-defense. The relatives, present at the scene, contest that claim. A case is opened, and it concludes with a dismissal that is upheld on appeal. Dismayed by these decisions, the family continues the struggle for truth and justice. Giving each account of the event the same credit, Didier Fassin conducts a counter-investigation, based on the re-examination of all the available details and on the interviews of its protagonists. A critical reflection on the work of police forces, the functioning of the justice system, and the conditions that make such tragedies possible and seldom punished, Death of a Traveller is also an attempt to restore to these marginalized communities what they are usually denied: respectability.Trade Review“Fassin, a sociologist and anthropologist, aims to supplement the approaches of activists and of the justice system in confronting police violence, and scrutinizes the evidence with an emphasis on its socioeconomic context. To do otherwise, he argues, impedes both truth and human dignity.”The New Yorker “In seeking to do justice to yet another young life, another racialized suspect, snuffed out in the name of public order, Fassin provides a stunning indictment of a new moral economy: a culture of institutional duplicity that allows police to get away with murder.”Jean Comaroff, Harvard University “How can an account of a controversial killing do justice to it sociologically and according to the laws of the land, and at the same time politically and humanely? This is the multifaceted conundrum addressed by this beautifully written and meticulously crafted book. A riveting must-read for all those concerned by the broader meaning of death at the hands of the police, in France and in other countries.”Dame Caroline Humphrey, University of CambridgeTable of ContentsAcknowledgmentsA Simple Story. Preface to the English EditionTerminological NotePreamblePrologueI. The FatherII. The First OfficerIII. The MotherIV. The Second OfficerV. The DoctorVI. The SisterVII. The ProsecutorVIII. The JournalistIX. DignityX. CampaignXI. MourningXII. BiographyXIII. InvestigationXIV. DismissalXV. TruthXVI. LiesXVII. ReconstructionXVIII. That DayEpilogue

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Book SynopsisWe all feel unfairness deeply when treated in rash ways. We expect, and the law requires, government officials to take fairness seriously, giving us notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet, in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs. Why is due process under so much pressure? Brandon Garrett exposes widening fault lines. One division lies within our own attitudes, and he explores why we are tempted to put desired outcomes before fair process. Another lies in government, as judges adopt toothless due process rules. People are trapped in debt for unpaid traffic fines; sheriffs seize and forfeit belongings; algorithms suspend teachers' employment; officials use flawed data to cancel healthcare; and magistrates order arrestees to be jailed because they cannot pay cash bail. Meanwhile, the rise of AI threatens what remains of due process with black-box technology. To fight against such unfairness, lawyers try to challenge unjust systems, researchers demonstrate why such processes are so counterproductive, and lawmakers try to enact new protections. Common ground matters now more than ever to mend political polarization, cool simmering distrust of government, prevent injudicious errors, and safeguard constitutional rights. A revival of due process is long overdue.

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Book SynopsisIn an important addition to the series, this book tells the story of 20 leading revenue law cases. It goes well beyond technical analysis to explore questions of philosophical depth, historical context and constitutional significance. The editors have assembled a stellar team of tax scholars, including historians as well as lawyers, practitioners as well as academics, to provide a wide range of fresh perspectives on familiar and unfamiliar decisions. The whole collection is prefaced by the editors’ extended introduction on the peculiar significance of case-law in revenue matters. This publication is a thought provoking and engaging showcase of tax writing that is accessible equally to specialists and non-specialists.Trade ReviewSnape and de Cogan frame a book containing classic cases in tax law as a means of understanding the deeply social and political nature of tax law, revenue law, the government, and the people’s interactions in what they hope will be a civilized society. Seeing issues from this more inclusive framing will allow legal scholars to contribute to that desired outcome without unnecessarily narrowing (and thus inevitably distorting) their focus. -- Neil H Buchanan * Jotwell *[A] full appreciation of the immense effort put in by each of the contributors gradually reveals itself after reading each of the contributions. The book is extensively researched and indexed... This book offers much more than an analysis of leading revenue law cases in the UK... This reviewer thoroughly endorses this book as essential reading to anyone interested in the historical development of the UK’s revenue law through the lens of the common law. Furthermore, it is recommended to anyone with an interest in revenue law, especially where the common law operates. It is not a book for reading in a single session; its full impact on one’s thinking is only achievable if a reader takes time to reflect upon the implications and insights provided by each of the chapters. This book should be part of the collections of tax practitioners, academics, officials, the judiciary and students with a keen interest in the law, especially those working with, or having an interest in, revenue law. -- Adrian Sawyer, Professor of Taxation, UC Business School, University of Canterbury, New Zealand * British Tax Review *Table of ContentsIntroduction: On the Significance of Revenue Cases John Snape and Dominic de Cogan 1. Case of Ship-Money (R v Hampden) (1637): Prerogatival Discretion in Emergency Conditions Michael J Braddick 2. Farmer v Glyn-Jones (1903): The Perils of Revenue Practice Chantal Stebbings 3. De Beers Consolidated Mines Ltd v Howe (1906): Corporate Residence: An Early Attempt at European Harmonisation John Avery Jones and Johann Hattingh 4. Thomas Gibson Bowles v Bank of England (1913): A Modern John Hampden? Martin Daunton 5. Great Western Railway Co v Bater (1922): A Question of Classification John HN Pearce 6. The Archer-Shee Cases (1927): Trusts, Transparency and Source Malcolm Gammie 7. Commissioners of Inland Revenue v Crossman (1936): Keeping it in the Family Ann Mumford 8. Edwards v Bairstow and Harrison (1955): Fact Finding and the Power of the Courts Anne Fairpo 9. Odeon Associated Theatres Ltd v Jones (HM Inspector of Taxes) (1971): A Delphic Pronouncement and a Fundamental Tension Judith Freedman 10. WT Ramsay v Commissioners of Inland Revenue (1981): Ancient Values, Modern Problems John Snape 11. CIR v National Federation of Self-Employed and Small Businesses (1981): All Grievances Converging on Tax Law Dominic de Cogan 12. Conservative and Unionist Central Office v Burrell (1981): A Case of Hidden Significance Victor Baker 13. Mallalieu v Drummond (1983): Allowable Deductions, Inadmissible Arguments Geoffrey Morse 14. Zim Properties Ltd v Proctor (1985): Compromise of Action, Compensation and CGT David Salter 15. The Commerzbank Litigation (1990): UK Law, Tax Treaty Law and EU Law Philip Baker 16. Pepper v Hart and Others (1992): The Case of the Misunderstood Minister Philip Ridd 17. R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement (1994): Financial Prudence, Interfering Busybodies Abimbola A Olowofoyeku 18. Barclays Mercantile Business Finance v Mawson (2004): Living with Uncertainty John Vella 19. Cadbury Schweppes and Cadbury Schweppes Overseas (2006): CFC Rules Under EU Tax Law Christiana HJI Panayi 20. Jones v Garnett (2007): Legal Form, Legal Problem Glen Loutzenhiser

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

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Book SynopsisThis book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.Trade ReviewThe book presents a perfect insight into the Czech constitutional system for a wider international audience. I have used the book in my course of Constitutional Law for Czech law students as a tool for introducing an "outer" view on the Czech constitutional system within the area of comparative constitutional law and as a tool for an explanation on how to write about the national legal issues for a wider international audience. -- Dr Lukáš Lev Cervinka * Charles University *Table of Contents1. The Rise of Czech Constitutionalism: History and Context I. The Rise and Fall of the Kingdom of Bohemia II. Influence of Foreign Legal Cultures III. Czech Constitutional Scholarship and its Changing Role Over Time IV. Inter-war Czechoslovakia V. The Communist Legacy VI. Democratic Transition and Dealing with the Past VII. The Dissolution of Czechoslovakia VIII. Return to Europe IX. Where are the People? X. Conclusion Further Reading 2. The Challenge of a Pluralist Constitution I. Drafting the 1993 Constitution II. The Pluralist Constitution III. The Eternity Clause IV. International and Supranational Sources V. Super-statutes VI. Constitutional Conventions VII. Judicial Decisions as a Source of Constitutional Law VIII. Conclusion Further Reading 3. Constitutional Principles I. The Democratic Principle II. The Rechtsstaat Principle III. Principle of the Separation of Powers IV. Principle of Sovereignty V. Principle of the Unitary State VI. Protection of Fundamental Rights VII. The Implicit Welfare State Principle VIII. Conclusion Further Reading 4. The Czech Parliament I. Basic Structure: The Chamber of Deputies and the Senate II. Competences of the Parliament and its Chambers III. The Procedural Limits of Parliamentary Power IV. Parliamentary Elections and the Czech Political Party System in Turmoil V. Scandals, Corruption and Immunities VI. Conclusion Further Reading 5. The Growing Tension within the Double-Headed Executive I. The Challenge of a Double-Headed Executive II. Over-achieving President and Under-achieving Governments III. The State of Emergency and the Hidden Powers of the Executive IV. The Quest to Depoliticise the State Administration V. Conclusion Further Reading 6. Local Governance I. The Centre and the Periphery II. The Structure of Territorial Self-Governance III. Election of Municipal and Regional Bodies IV. Direct Democracy at the Local Level V. The Rise of the Municipal Power VI. It is All About Taxes and EU Subsidies VII. Local Self-Governance in the EU VIII. Conclusion: Towards Moderate Decentralisation Further Reading 7. The Judicial Branch I. Setting the Scene: Key Players within Czech Judicial Politics II. Who are the Czech Judges? III. The Constitutional Court IV. Basic Features of the Ordinary Judiciary V. Civil and Criminal Courts VI. Administrative Courts VII. Prohibition of Special Courts and Tribunals VIII. The War(s) of the Courts IX. Czech Courts and European Supranational Courts: A Complicated Relationship X. Constitutional Politics of the Judicial Branch XI. Conclusion: From the Judicialisation of Politics to the Politicisation of the Judiciary Further Reading 8. Human Rights Constitutionalism I. The Charter and the Rest: The Pluralist Nature of Human Rights Protection in Czechia II. How to Challenge the State: Constitutional Review, General Courts, Administrative Review and the Ombudsman III. Human Dignity as a Fundamental Right? IV. Proportionality as a Key Unifying Principle? V. Positive Obligations and the Challenge of Socio-economic Rights VI. Public/Private Distinction and the Importance of Drittwirkung VII. The Influence of the European Convention on Human Rights VIII. Selective Judicial Activism – Expounding or Expanding Human Rights? IX. Conclusion Further Reading Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity I. Formal Amendments in a Rigid System II. Constitutional Interpretation and Informal Amendments as a Mechanism of Constitutional Change III. The Unconstitutional Constitutional Amendments Doctrine IV. Conflicting Legacies and the Search for Constitutional Identity V. Concluding Remarks: A Danger of Democratic Backsliding?

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Book SynopsisThis monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.Trade ReviewThis monograph offers a refreshing look at the right of communication to the public, making some ambitious proposals for reform, the utility of which is demonstrated particularly in the final chapter. The book would therefore appeal to anyone with an interest in communication to the public, and an open mind to how this messy area of law might be tidied up! It would be particularly useful for legislators, policy makers, judges, researchers looking at online copyright infringement in the EU. -- Hayleigh Bosher * The IPKat *Table of ContentsIntroduction I. Subject-Matter II. Significance and Contribution III. Structure IV. Scope 1. Justifying EU Copyright Law: Constructing a Normative Framework for the Right of Communication to the Public I. Introduction II. Constructing a Normative Framework for the EU Right of Communication to the Public III. Proportionality IV. Certainty V. Conclusion – Developing the EU Right of Communication to the Public 2. Journey from Rafael Hoteles to Renckhoff : Exploring the EU Right of Communication to the Public I. Introduction II. Making Sense of the EU Communication to the Public Right III. Understanding the Legal Reasoning of the CJEU in the Communication to the Public Cases IV. Conclusion 3. The Problems with the Right of Communication to the Public I. Introduction II. Broad Interpretation III. ‘Communication’ IV. The Making Available Aspect V. Reception in Public VI. ‘New Public’ VII. ‘Knowledge’ and ‘for Profit’ VIII. Conclusion 4. Structuring the Reformed Right of Communication to the Public Under EU Copyright Law I. Introduction II. The Reformed Right of Communication to the Public III. Reconciling the Reformed Right with the Existing Copyright Framework IV. Completing the Harmonisation of the Communication to the Public Right V. Conclusion 5. Locating and Establishing Responsibility for the Act of Communication to the Public I. Introduction II. Where Does the Act of Communication to the Public Occur? III. Conclusion 6. Enforcing the Reformed Right of Communication to the Public: Choice of Jurisdiction I. Introduction II. Establishing Jurisdiction in EU Copyright Cases – The Current Approach III. Establishing Jurisdiction for the Reformed Communication to the Public Right IV. Conclusion 7. Enforcing the Reformed Right of Communication to the Public: Choice of Applicable Law I. Introduction II. Establishing Applicable Law in EU Copyright Cases – The Current Approach III. Establishing Applicable Law for the Reformed Communication to the Public Right IV. Conclusion 8. Applying the Reformed Right of Communication to the Public: Case Studies I. Introduction II. Rafael Hoteles – Acts of Cable Retransmission III. FAPL v KC Leisure – Acts of Reception in Public IV. ITV v TVCatchup – Acts of Internet Retransmission (‘Simulcasting’) V. Svensson – Hyperlinks VI. GS Media – Hyperlinks VII. Filmspeler – Media Players VIII. Ziggo – Torrent Files IX. VCAST – Time Shifting X. Embedded Hyperlinks XI. Direct to Download Hyperlinks XII. Circumventing Access Restrictions XIII. Conclusion Conclusion I. The Recommendations II. Implications III. Final Comments

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Book SynopsisStrategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ‘strategically’ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author’s own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ‘war on terror’; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.Table of ContentsPart I 1. Introduction I. Introducing ‘Strategic’ Human Rights Litigation II. Overview of Chapters 2. The Growing Field of ‘Human Rights’ Litigation in the World Today: Context, Trends, Opportunities and Challenges I. An Expanding Panorama of Human Rights Litigation II. Challenges and Limitations to Pursuing Human Rights Litigation 3. Understanding Impact: Bursting the Bubble on the Champagne Moment I. Adjusting the Lenses to Capture the Impact of SHRL II. Approaches to Impact and the Meaning of Success III. Monitoring and (the Challenge of) Measuring Impact IV. Classifications and Distinctions 4. Identifying Levels of Impact I. Victim Impact II. Legal Impact III. Impact on Policy and Practice IV. Institutional Impact, Including Judicial Strengthening V. Information, Truth and the Historical Record VI. Social or Cultural Impact VII. Mobilisation and Empowerment VIII. Democracy and the Rule of Law Impact IX. Negative Impact Part II 5. Case Study—Hadijatou Mani v Niger: Slavery before the ECOWAS Court I. Introduction II. Background III. The Hadijatou Mani Case before the ECOWAS Court IV. The Impact of the Mani Case V. Conclusions 6. Case Study—Plan de Sánchez v Guatemala: Genocide in the Inter-American System I. Introduction II. Background III. The Plan de Sánchez Case IV. The Impact of the Plan de Sánchez Litigation V. Conclusions 7. Case Study—Arbitrary Detention, Torture and Extraordinary Rendition: Litigating the ‘War on Terror’ I. Introduction II. Litigating Arbitrary Detention III. Litigating Rendition and Torture IV. Conclusions 8. Case Study—Justice for Enforced Disappearance in Argentina I. Introduction II. Background III. The Nature and Cumulative Impact of Litigation on Enforced Disappearance in Argentina IV. Conclusions 9. Case Study—Litigating Palestinian Land Rights I. Introduction II. Background to Land Rights Litigation in Israeli Courts III. Impact of Litigation on Land Rights before Israeli Courts? IV. International Litigation on Palestinian Land Rights V. Conclusions Part III 10. Litigating Strategically and Meeting the Challenges I. Strategic Planning (and its Limits) II. Identifying Goals and Realistically Assessing Risks III. Litigating in Context: Understanding, Naming and Framing the Problem IV. Litigating for the Long Term: Incremental Change and the Question of Timing V. Strategic Nibbling at the Edges of Injustice v Judicial Confrontation? VI. Exploiting Litigation Synergies: Movement Building, Legal Advocacy and Reaching beyond the Court VII. Case Selection, Sourcing and Tactics: Is there a Right Case at the Right Time? VIII. Strategic Use of Fora IX. The Victim in the Human Rights Process: Whose Case is this Anyway? X. Additional Litigation Roles: Amicus, Expert or Observer? XI. Effecting Change in Real Time: Litigating to Stop or Prevent Violations XII. Creative Remedies and Implementation XIII. The Economy of Human Rights Litigation 11. Conclusion: Appreciating and Demythologising Strategic Human Rights Litigation

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Book SynopsisPolicing Humanitarianism examines the ways in which European Union policies aimed at countering the phenomenon of migrant smuggling affects civil society actors’ activities in the provision of humanitarian assistance, access to rights for irregular immigrants and asylum seekers. It explores the effects of EU policies, laws and agencies’ operations in anti-migrant smuggling actions and their implementation in the following EU Member States: Italy, Greece, Hungary and the UK.The book critically studies policies designed and implemented since 2015, during the so called ‘European refugee humanitarian crisis’. Building upon the existing academic literature covering the ‘criminalisation of migration ’ in the EU, the book examines the wider set of punitive, coercive or control-oriented dynamics affecting Civil Society Actors’ work and activities through the lens of the notion of ‘ policing the mobility society’. This concept seeks to provide a framework of analysis that allows for an examination of a wider set of practices, mechanisms and tools driven by a logic of policing in the context of the EU Schengen border framework: those which affect not only people, who move (qualified as third-country nationals for the purposes of EU law), but also people who mobilise in a rights-claiming capacity on behalf of and with immigrants and asylum-seekers.Trade ReviewPolicing Humanitarianism offers solid empirical data and a comprehensive conceptualisation of policing the mobile society, including the movements of citizens and civil society actors, while considering the wider impact of the EU anti-migrant smuggling policies on civil society. -- Müge Dalkiran * Border Criminologies *Table of Contents1. Introduction PART I COUNTERING MIGRANT-SMUGGLING: EU POLICIES AND ACTORS 2. Countering Migrant-Smuggling: The EU’s Policy Approach I. The EU Facilitators Package in Light of UN Standards II. Assessing Impact of the EU’s Facilitators Package on Civil Society Actors 3. The Role of EU Agencies in Countering Migrant-Smuggling I. Europol II. Eurojust III. Frontex IV. Role of EASO in Hotspots V. Role of EU-led Military Operations – EUNAVFOR MED Sophia in Central Mediterranean VI. A Multi-Agency Approach to Countering Migrant-Smuggling PART II THE IMPACTS OF ANTI-MIGRANTSMUGGLING POLICIES ON CIVIL SOCIETY 4. Anti-Smuggling in National Law and Perceptions among Civil Society Actors I. Italy II. Greece III. Hungary IV. UK 5. Effects of Countering Facilitation of Entry on Civil Society Actors Involved at External EU Sea and Land Borders I. Sea Borders and Search and Rescue II. Land Borders and Humanitarian Assistance 6. Humanitarian Assistance in the Context of the EU Hotspots Approach I. Italy: Hotspots in Southern Sicily II. Greece: Hotspot in Lesvos Island 7. The Effects of Countering Facilitation of Residence: Access to Services and Rights I. Italy: Cases of Rome and Ventimiglia II. Greece: Case of Athens and Thessaloniki III. Hungary: Budapest and Szeged IV. The UK: ‘Hostile Environment’ in London PART III CONCEPTUALISING THE EFFECTS OF EU ANTI-MIGRANT-SMUGGLING POLICIES ON CIVIL SOCIETY 8. The Three Faces of Policing the Mobility Society in the EU 9. Conclusions I. Impacts on Civil Society Actors II. Impact on Society as a Whole: Liberal Democracy, Refugees and the Crisis of Exclusion

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Book SynopsisThis book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries’ approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.Table of ContentsPART I EUROPEAN LAW 1. Expulsions in Light of EU Law I. Expulsions of EU Citizens, EEA and Swiss Nationals and their Family Members II. Expulsion of Turkish Nationals III. Third-country Nationals Covered by the Long-term Residence Directive IV. Other Groups of Third-country Nationals V. Summary and Conclusions 2. Expulsion in Light of the ECHR and the ECtHR’s Case Law I. Binding and Non-binding Instruments II. Article 8 ECHR and the ECtHR’s Case Law III. Interests of the Individual vs Interests of the State IV. Summary and Conclusions 3. The Charter of Fundamental Rights of the European Union I. Right to Respect for Private and Family Life and the Rights of the Child II. Protection in the Event of Removal, Expulsion or Extradition, Article 19 CFR III. The Right to an Effective Remedy and to a Fair Trial, Article 47 CFR IV. Concluding Remarks 4. Summary and Conclusions: Differences between the EU Level and the Council of Europe PART II THE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL 5. Germany I. Introduction to the Concept of Expulsion Decisions in German Law II. The Abolished System of Expulsion (1990–2015) III. The New Provisions on Expulsion IV. Entry Ban V. Conclusions 6. The Netherlands I. The Legal Framework II. The Termination of Lawful Residence Following a Criminal Conviction III. Two Types of Entry Bans: Inreisverbod and Ongewenstverklaring IV. The Ongewenstverklaring, Article 67 Vw 2000 V. The Inreisverbod, Article 66a Vw 2000 VI. Intensity of Judicial Scrutiny: In-depth or Marginal Assessment? VII. The Rationale of the Sliding Scale VIII. Summary and Recommendations 7. The United Kingdom I. The Provisions Governing the Deportation of Convicted Foreigners II. Convicted Foreigners and Article 8 ECHR III. The Balance between the Principle of Proportionality and the Principle of Legal Certainty IV. Rationale of the Provisions Governing the Deportation of Convicted Foreigners V. Conclusions 8. Comparison of Germany, the Netherlands and the United Kingdom I. General Observations II. Differences between Germany and the Netherlands in Sentencing and the Duration of the Entry Ban III. Conclusions PART III TRANSNATIONAL ADMINISTRATIVE ACTS: THE EFFECTS OF NATIONAL EXPULSION DECISIONS AND ENTRY BANS ON THE EUROPEAN LEVEL 9. Transnational Administrative Acts: The European Effect of National Expulsion Decisions and Entry Bans I. Transnational Administrative Acts II. The Schengen Information System III. Return Directive IV. Summary and Conclusions Regarding Mutual Recognition, Modes of Administrative Decision Making, SIS Alerts and Entry Bans 10. National Expulsion Decisions and Entry Bans and their European Dimension I. Differences between Germany and the Netherlands Regarding Expulsion Decisions and the Termination of Lawful Residence aft er a Criminal Conviction II. Requirements at the National Level for Entry Bans and SIS Alerts III. Duration of the Entry Ban IV. Summary and Conclusions 11. Options to Remedy Remaining Divergences I. Deficiencies of the Current System II. Options for Improvement III. Likelihood of a Harmonisation of the Criteria for National Expulsion Decisions IV. Likelihood of a Further Specification of the Criteria for Entering Alerts into the SIS V. Final Remarks and Outlook Final Summary and Conclusions

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Book SynopsisTaking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.Table of ContentsPart I: Government (Through) Rights 1. Introduction 2. Governing (Through) Agencies: The EU and Rights in EUrope 3. Governing (Through) Non-Governmental Actors: The Global Human Rights Architecture and the International NGO Part II: Resisting Government (Through) Rights 4. Resisting Rights with Responsibility 5. Counter-Conduct as Right and as Ethics 6. Conclusion: A Permanent State of Dissatisfaction

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Book SynopsisThis practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage ‘hands on’ guidance on the process of public inquiries into matters of public concern. With its user-friendly format of summaries, checklists, ‘top tips’ and flow charts, this book looks at the setting up of a public inquiry through to its close. It includes information on: - the appointment of the chair and inquiry team; - the choice and significance of the venue; - the drawing up of inquiry procedures, protocols and rulings; - the appointment and role of core participants; - evidence taking; - conducting and attending hearings; - the role of experts; - the writing and publication of the inquiry report. Drawing on the authors’ extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process.Trade ReviewThe book offers a lucid and accessible foundation in the practicalities of establishing, running and concluding a public inquiry. Its coverage is comprehensive, and it will be a boon to those lawyers and civil servants working for an inquiry … For those wanting an insight into public inquiries, this will be the go-to book. -- Ryan Ross, Farrar’s Building * Law Society Gazette *The authors are to be complimented on an impressively comprehensive and authoritative guide to public inquiries. It addresses every aspect of their establishment and conduct, and provides clear guidance supplemented by eminently practical checklists, a boon to the busy practitioner. Such a guide is much needed, and will prove invaluable to all those involved in the wide range of statutory, non-statutory and other forms of inquiry that have become such a feature of our public life. * Sir Robert Owen, Chair, Litvinenko Inquiry *This concise guide to inquiries … fills a serious gap. It sets out to offer practical guidance on public inquiry procedure for inquiry teams, legal practitioners, participants, witnesses and all those interested in the public inquiry process and does this very well. The authors are well qualified; three work in the Inquiries and Investigations Team at Eversheds and Emma Ireton is a law lecturer who has researched inquiries for many years. The account is comprehensive; it follows the course of an inquiry from the pre-inquiry stage to the post-inquiry stage of ‘lessons learned’. The layout is easy to follow and, with its many examples of ‘best (and worst) practice’, those readers who are merely ‘interested in the public inquiry process’ will find it a good read. * Carol Harlow, Emeritus Professor of Law, London School of Economics and Political Science *The Practical Guide to Public Inquiries not only does exactly what it says on the tin but it does so with style and a level of detail that mines every conceivable aspect of the Public Inquiry process from its inception to ultimate conclusion. It will rapidly become essential reading for all those so engaged whether they be government officials tasked with setting up an inquiry, panel members, lawyers or members of the press or individuals, interested groups and families affected by the outcome. I found the use of boxed quotations and check lists to be of particular value in making this both a comprehensive and user-friendly tool for all concerned. * Barra McGrory QC, Former Director of Public Prosecutions in Northern Ireland *My view is that this is an invaluable practitioners' guide for anyone coming to inquiry or investigative work whether in the public or private fields. The contributors list the major inquiries of the last twenty years; their expertise comes from having been in just about all of them. They cover every aspect of setting up an Inquiry from appointment of a Chair and their duties to data security and storage. I have already used it and will keep it with me. * Tom Crowther QC, Serjeants' Inn Chambers *Table of Contents1. Public Inquiries Introduction What is a Public Inquiry? The Role of a Public Inquiry The Basis upon which an Inquiry may be Convened The Challenges Table of UK Public Inquiries Convened by a Minister 2. Appointments Introduction The Chair and Panel Process of Appointing a Chair and Panel Members Conflicts Speed of the Appointment Process Issues for the Chair on Appointment Consultation and Focus on the Terms of Reference Counsel to the Inquiry Appointment of Counsel Role of Counsel Appointment of the Solicitor to the Inquiry Appointment of the Secretary to the Inquiry Role of the Secretary to the Inquiry The Inquiry Team: Additional Considerations The Role of the Sponsoring Department 3. Location and Venue Introduction Geographical Location Choosing the Right Type of Premises What to Expect from the Inquiry Premises Separation of Certain Categories of Core Participants and Witnesses Facilities for the Press and Broadcast Media Venue Set-Up 4. IT Systems Introduction Cost and Effectiveness The Inquiry’s IT Systems The Inquiry Management System Potential Features of Inquiry Management Systems The Document Management System Potential Features of a Document Management System Hearing Room Systems Interactions between a Document Management System and a Hearing Room System Possible Features of Hearing Room Systems Transcription The Inquiry’s Website Team Communications Other IT Issues to Consider Data Security and Storage Ongoing Technical Support Sending Documents to the Inquiry 5. Protocols, Rulings, Directions and Orders, and Engagement with the Media Introduction Protocols Preparing and Publishing the Protocols Examples of Inquiry Protocols Common Issues to be Considered when Preparing Protocols Internal Protocols and Working Practices Rulings, Directions and Orders: Terminology Engagement with the Media 6. Core Participants What is a Core Participant or an Interested Party? Who can be a Core Participant? Applying for Core Participant Status Challenging a Decision not to Designate Core Participant Status Why be a Core Participant? Advantages and Disadvantages Recognised Legal Representatives Joint Representation Funding A Good Working Relationship: Core Participants and the Inquiry 7. Funding Introduction The Approach to Expenses of Participants to a Public Inquiry The Scope of Awards for Funding Information that must be Included in an Application for Funding Alternative Sources of Funding Joint Representation Publication of Costs of an Inquiry 8. Documentary Evidence Introduction Written Request for Documentary Evidence Statutory Provisions and the Power to Require Disclosure When Might an Inquiry Compel the Production of Documents? Non-Statutory Inquiries Timelines Withholding Documents Opposing a Section 21 Notice Requiring the Production of Documents Admissibility Advance Disclosure by the Inquiry Advantages to Recipients of Advance Disclosure Confidentiality and Advance Disclosure Public Access to Documents Redaction Restriction Orders and Restriction Notices 9. Data Protection Introduction Public Inquiries, Individuals and Organisations as Data Controllers Principles for Processing Personal Data Lawful Basis for Processing Data The Legitimate Interest Assessment (LIA) and Public Inquiries Organisations Engaged by a Public Inquiry as Data Processors Freedom of Information Requests made of a Public Authority and Exemptions 10. Evidence Taking Introduction The Power to Require the Production of Evidence Enforcement of a Section 21 Notice When to Serve a Section 21 Notice? Powers of Non-Statutory Inquiries The Taking of Witness Statements Preparing for a Witness Interview The Witness Interview and Statement Preparation Witness Support Immunities Privilege Medical Evidence and Capacity 11. Oral Evidence and Hearings Introduction Procedure Preliminary Hearings Additional Procedural Hearings Commencing the Inquiry’s Substantive Hearings General Structure of the Substantive Hearings Giving Evidence to the Inquiry Meeting with Witnesses in Advance of Giving Evidence? The Order in Which Witnesses will be Called Putting Written Statements into the Inquiry Record The Role of Counsel to the Inquiry Reviewing Evidence on a Rolling Basis Questioning Witnesses Suggesting Questions to Counsel to the Inquiry Arguments for and against Limiting Questioning to Counsel to the Inquiry Expertise of Core Participants and Interested Parties Managing and Fielding Questions from Core Participants or Interested Parties Time Pressure Public Access and Restriction Notices and Orders Examples of Restriction Orders and Notices Made The Media and Hearings Managing Private and Closed Hearings 12. Assessors, Seminars and Experts Introduction The Role of Assessors Advantages and Disadvantages of Appointing Assessors or Advisers Expert Witnesses Advantages and Disadvantages of using Expert Witnesses Seminars Managing Seminars 7 13. Warning Letters and Rules 13, 14 and 15 Introduction The Salmon Principles, Maxwellisation and the Evolution of Warning Letters Optional and Mandatory Warning Letters Practical Difficulties Associated with Serving Warning Letters before Evidence is Given Are Warning Letters before Evidence is Given Necessary? To Whom Will the Warning Letter be Sent? What does a Warning Letter Contain? Mandatory Warning Letters: What is an ‘Explicit or Significant Criticism’? What Happens aft er a Response is made to a Warning Letter? Confidentiality The Practical Steps to Preserve Confidentiality Future of Rule 13? 14. Preparing and Publishing the Report Introduction What is Included in the Report? 1 Who Writes the Report? Reviews and Checks Number of Recommendations and Public Understanding Publication, Withholding of Information and Laying before Parliament Procedure for Publication of the Report Advance Access to the Report and the Lock-in Procedure Implementation Challenging Decisions 15. Closing Down the Inquiry Introduction Document Retention and Archiving: Planning and Implementation Lessons Learned

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Book SynopsisHanna Wilberg is Associate Professor of Law at the University of Auckland, New Zealand.

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Book SynopsisThis book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission’s enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.Trade Review[This book] is engaging and thoroughly enjoyable. This is because Pastor-Merchante has an uncommon gift for conciseness: he is able to capture the essence of complex case law without sacrificing the depth of analysis. What is also admirable is the level of sophistication and nuance of his assessment... this is an important study in EU administrative law which makes a fundamental contribution to the debate on State aid law. -- Francesco de Cecco * Common Market Law Review *Table of ContentsPART I 1. The Substantive Rules on State Aid 2. The Institutional Design of the System of State Aid Control 3. The Private Enforcement of State Aid Law PART II 4. The Position of Complainants in State Aid Procedures 5. The Participation of Competitors in State Aid Procedures 6. Judicial Review of State Aid Decisions

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Book SynopsisPRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.Trade ReviewDsouza reveals how much more thinking remains to be done about one of criminal law theory’s most discussed topics ... those seeking to make further progress in thinking about defences in criminal law will profit by engaging with this thoughtful, challenging and inventive book. -- James Edwards * The Modern Law Review *This is an impressive piece of work: it is carefully reasoned, responsive to existing debates in criminal law theory, and always mindful of the practical implications of the theoretical claims it defends. -- Zachary Hoskins, University of Nottingham * Criminal Law and Philosophy *Table of ContentsPart I: Overview 1. The Proposed Borders of Justification and Excuse Part II: Defences in the Structure of the Criminal Law 2. Reasons and Perspective in the Criminal Law 3. The Normative Guidance Underlying the Criminal Law Part III: Translating Theory into Doctrine 4. The Theoretical Framework of Rationale-Based Defences 5. The Contours of Paradigmatic Justifications 6. Rationale-Based Excuses 7. Supervening Justificatory Necessity 8. Mapping the Model’s Implications

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Book SynopsisConstitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.Trade ReviewBy providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe’s crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery. -- Massimo Fichera * Common Market Law Review *Table of ContentsIntroduction 1. Europe in Crises 2. Policy Choices and Constitutional Choices 3. What’s In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europe’s Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europe’s Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europe’s Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The Rights–Admission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty 2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts

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Book Synopsis“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.Trade Review...this most thorough commentary must be regarded as the Bible on the Charter and it seems set to retain that status for some time, despite the relentless flow of new judgments, orders and A.G.s’ Opinions which appear on the Court’s website almost every week. Accordingly, it is a must for any lawyer with an interest in the subject. -- Peter Oliver * Common Market Law Review *The commentary is a profound standard work for the entire area of the European fundamental rights. -- Alfred Benny Auner * Newsletter Menschenrechte (Bloomsbury translation) *Table of ContentsPart I – Commentary on the Articles of the EU Charter of Fundamental Rights Article 1 – Human Dignity Catherine Dupré Article 2 – Right to Life Elizabeth Wicks Article 3 – Right to the Integrity of the Person Steve Peers Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment Maria-Teresa Gil-Bazo Article 5 – Prohibition of Slavery and Forced Labour Heli Askola Article 6 – Right to Liberty and Security Daniel Wilsher Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life David Mangan Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life Miriam Kullmann Article 8 – Protection of Personal Data Herke Kranenborg Article 9 – Right to Marry and Right to Found a Family Steve Peers Article 10 – Right to Freedom of Thought, Conscience and Religion Ronan McCrea Article 11 – Freedom of Expression and Information Lorna Woods Article 12(1) – Freedom of Assembly and of Association Filip Dorssemont Article 12(2) – Freedom of Assembly and of Association Jo Shaw and Lamin Khadar Article 13 – Freedom of the Arts and Sciences Debbie Sayers Article 14 – Right to Education Gisella Gori Article 15 – Freedom to Choose an Occupation and Right to Engage in Work Eleni Frantziou and Virginia Mantouvalou Article 16 – Freedom to Conduct a Business Michelle Everson and Rui Correia Gonçalves Article 17(1) – Right to Property Ferdinand Wollenschläger Article 17(2) – Right to Property Article 18 – Right to Asylum Maarten den Heijer Article 19 – Protection in the Event of Removal, Expulsion or Extradition Elspeth Guild Article 20 – Equality Before the Law Mark Bell Article 21 – Non-Discrimination Claire Kilpatrick and Hanna Eklund Article 22 – Cultural, Religious and Linguistic Diversity Rachael Craufurd Smith Article 23 – Equality between Women and Men Dagmar Schiek and Biljana Kotevska Article 24 – The Rights of the Child Ruth Lamont Article 25 – The Rights of the Elderly Colm O’Cinneide Article 26 – Integration of Persons with Disabilities Charlotte O’Brien Article 27 – Workers’ Right to Information and Consultation within the Undertaking Filip Dorssemont Article 28 – Right of Collective Bargaining and Action Catherine Barnard Article 29 – Right of Access to Placement Services Jeff Kenner Article 30 – Protection in the Event of Unjustified Dismissal Jeff Kenner Article 31 – Fair and Just Working Conditions Alan Bogg and Michael Ford Article 32 – Prohibition of Child Labour and Protection of Young People at Work Helen Stalford and Nuno Ferreira Article 33 – Family and Professional Life Jeff Kenner and Katrina Peake Article 34 – Social Security and Social Assistance Oxana Golynker Article 35 – The Right to Health Care Tamara Hervey and Jean McHale Article 36 – Access to Services of General Economic Interest Erika Szyszczak Article 37 – Environmental Protection Elisa Morgera and Gracia Marín Durán Article 38 – Consumer Protection Steve Weatherill Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament Jo Shaw and Lamin Khadar Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections Kees Groenendijk Article 41 – The Right to Good Administration Paul Craig Article 42 – Right of Access to Documents Ivan Lazarov Article 43 – European Ombudsman Ian Harden Article 44 – Right to Petition Mats Lindfelt Article 45 – Freedom of Movement and of Residence Eleanor Spaventa Article 46 – Diplomatic and Consular Protection Eileen Denza Article 47 – Right to an Effective Remedy and to a Fair Trial Angela Ward Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence Hanns Peter Nehl Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence Debbie Sayers Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties Valsamis Mitsilegas and Emmanouil Billis Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence Jonathan Tomkin Article 51 – Field of Application Angela Ward Article 52 – Scope and Interpretation of Rights and Principles Steve Peers and Sacha Prechal Article 53 – Level of Protection Bruno de Witte Article 54 – Abuse of Rights Lorna Woods Part II – Reflections on the EU Charter of Fundamental Rights The Place of the Charter in the European Legal Space Koen Lenaerts and José Antonio Gutiérrez-Fons The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies Albertina Albors-Llorens The Charter and Universal Human Rights Instruments Allan Rosas Mutual Trust and the Charter: A Salutary Irish Example Gerard Hogan The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency) Gabriel N Toggenburg The Charter and the General Court Alexander Kornezov The ‘Dublin Regulation’ and the Charter: An Impetus for Change Doyin Lawunmi Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? Niilo Jääskinen Part III – Commentary on the Treaty of EU Accession to the European Convention on Human Rights EU Accession to the ECHR Tobias Lock

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Book SynopsisThis book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.Trade ReviewThe chapters are carefully selected and take up the topic in a very detailed manner. They are well connected and well-tuned, without being overly repetitive. Instead, the reader gains an insightful understanding of international, European, and national legislation at the intersection of criminal and migration law. -- Lisa Marie Borrelli * Criminal Law and Criminal Justice Books *The result of the volume, especially in its most comprehensive and effective chapters, is evident and entirely worthy. * Common Market Law Review *Table of ContentsIntroduction Gian Luigi Gatta, Universita degli Studi di Milano, Italy, Valsamis Mitsilegas, Queen Mary University of London, UK and Stefano Zirulia, Universita degli Studi di Milano, Italy PART I THE CRIMINALISATION OF MIGRATION: FRAMING THE DEBATE 1. Assessing Migration Management and the Role of Criminal Law Elspeth Guild, Queen Mary University of London, UK 2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm Valsamis Mitsilegas, Queen Mary University of London, UK 3. Global Trends in ‘Crimmigration’ Policies: From the EU to the USA Gian Luigi Gatta, Universita degli Studi di Milano, Italy 4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions Dario Melossi, Universita di Bologna, Italy 5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity? Maria Giovanna Manieri, European Parliament PART II THE CRIMINALISATION OF MIGRATION: NATIONAL, EUROPEAN AND COMPARATIVE PERSPECTIVES 6. Crimmigration in Spain Jose A Brandariz, University of A Coruna, Spain 7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control Maartje van der Woude, Leiden University, Netherlands 8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency Nikolaos Chatzinikolaou, Lawyer specialising in Criminal Law, Thessaloniki, Greece 9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention Francesca Cancellaro, Universita della Tuscia 10. Detention as a Tool of Immigration and Asylum Enforcement in the EU Justine N Stefanelli, American Society of International Law, USA PART III WHO IS TO BLAME? SMUGGLING, HUMANITARIAN ASSISTANCE AND HUMAN RIGHTS VIOLATIONS IN THE MEDITERRANEAN AREA 11. Is that a Smuggler?: The Blurring Line between Facilitating Illegal Immigration and Providing Humanitarian Assistance at the European Borders Stefano Zirulia, Universita degli Studi di Milano, Italy 12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya? Luca Masera, Universita di Brescia, Italy

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThis book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including ‘soft law’ measures such as agencies’ guidelines or implementing measures. This, the author argues, results in the Union’s fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.Trade ReviewI recommend the book to academics in the fields of law and social sciences as well as to practitioners with an interest in EU’s handling of new technologies and in EU policy design in general. Specifically, the book presents an abundant source of case material highlighting the desirability of a single legal framework for EU administrative procedure. -- Professor Stephan Meyer * European Journal of Risk Regulation *Table of Contents1. Setting the Scene: Nanotechnologies and their Regulation at the EU Level I. What are Nanotechnologies? II. Between Nanomania and Nanophobia III. Risk as a Rationale for Regulatory Intervention IV. The EU’s Approach to the Regulation of Nanotechnologies: A Bird’s Eye Perspective V. Conclusion 2. Regulating in Today’s Nano Society I. Embedding the Regulation of Nanotechnologies in Its Societal Context II. Regulating in Today’s Nano Society: Two Theoretical Accounts III. Translating the Debate to the EU Level IV. Conclusion and Next Steps 3. Analysing EU (Risk) Regulation through the Lenses of Regulatory Capacity I. Defining the Object of Analysis: ‘EU Regulation’ II. Putting on the Analytical Lenses of Regulatory Capacity III. Conclusion 4. Nanotechnologies in Food I. Nanotechnologies in Food II. The EU Regulatory Framework for Nanotechnologies in Food III. Analysing the EU’s Regulation of Nanofoods through the Lenses of Regulatory Capacity IV. Conclusion 5. Nanotechnologies in Chemicals I. Nanotechnologies in Chemicals II. The EU Regulatory Framework for Nanotechnologies in Chemicals III. Analysing the EU’s Regulation of Nanochemicals through the Lenses of Regulatory Capacity IV. Conclusion 6. Conclusion I. Regulating in Today’s Nano Society: The Point of Departure II. Spotlight on the EU Executive III. Main Findings of the Critical Analysis or the Pitfalls of ‘New Governance’ IV. Repercussions for the Meta-Theoretical Level: Is ‘New Governance’ ‘Better Governance’? V. Strengthening Regulatory Capacity: Proposals for Reform at the Micro Level VI. Three Facades of EU Risk Regulation VII. Outlook

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Book SynopsisThis book contributes to the literature on jurisprudence and theology by arguing for the role of a theoretically robust Christian theology in a legal community dominated by secular and liberal ideology. It is not a doctrinal or empirical analysis, but a theoretical exposition of the way in which modern law has contingently drifted from its theological origins. As a result, the legal system and the ideal of individual and communal relationship it envisages is characterised by antagonism and alienation, or more broadly, violence. The book contends that the way to restore a legal community of peace is to return to a Christian theology which is informed by Trinitarian thinking or the notion of unity in diversity, and reunites faith with reason. Returning reason to its ground in being allows peaceful persuasion by the revelation of God’s perfect being through the Trinity and Incarnation, which models and enables the peaceful coexistence of difference through self-sacrificing love. This in turn produces the law of love – to love your neighbour as yourself. Since love does no wrong to a neighbour, a legal community operating by the law of love can fulfil the obligations of law by going beyond merely what is required by law and love individuals as part of a community.Table of ContentsIntroduction I. From Violence to Peace II. The Nature of Violence III. Envisaging the Peaceful Legal Community IV. The Secular Challenge V. The Argument of this Book: From Violence to Peace 1. Milbank’s Milieu: Theorisations of Truth, Faith and Reason I. Introduction II. Milbank’s Theoretical Context III. Critiquing the Secular Genealogy IV. The Truth of Theology: Producing Peace through Trinitarian Correspondence V. Rejecting Secular Reason VI. Promoting Faith and the Reason of Theology 2. Secularising Science: The Divorce of Reason and Revelation I. Introduction II. The Theological Genesis and Subsequent Secularisation of Science III. (No) Salvation by Faith Alone: How the Reformation Further Divided Faith and Reason IV. Uniting Faith and Reason to Restore True Scientia: The Participation Model 3. Deconstructing Derrida: Law, Spirit, Logos I. The Postmodern and the Pagan II. Different Perspectives: The Metanarratives of Jacques Derrida III. The Pagan Differ(a)nce IV. Moving Perspectives: From Secular Reason to Christian Theology V. A Genuinely ‘Postmodern’ Theology VI. The Threshold of Ontological Peace: Constructing a Christian Theology of Legal Community 4. An Account of Secular(ised) Jurisprudence: Violence from Duns Scotus to Derrida I. Law and Postmodern Critical Augustinianism II. Faith, Reason and a Theological Natural Law III. ‘Creating’ the Secular: Duns Scotus, Univocity and Separating Philosophy from Theology IV. Machiavelli and Hobbes: Secular Legal Ontology and the Emergence of Governing Violence V. The Final Stage: Austin, Hart and the Violence of Secular Positivism VI. Diagnosing Legal Violence: Cover, Benjamin and Derrida VII. Escaping Legal Violence and the Possibility for Christian Peace 5. Violence, Attestation and Revelation: Reading Law and Truth in the Trial of Christ I. The Trial as a Narrative of Law and Truth II. Laws of Sin and Laws of Spirit: Paul, Faith and the Torah III. Christ Crucified: Conviction by the Law of Death IV. The Revelation of Christ: Faith, Mystery, Atonement V. Light in the Darkness: The Law of Love, Faith and Participation VI. Resurrecting the Peaceful Legal Community 6. The Paradox of Law and Truth in Christianity: On Materialism, the Sublime and Reading the Pauline Law of Love I. Žižek, Materialism and the Christian Legacy II. The Sublime Object: Defeating Death III. The Sublime Truth of Faith: Paradoxical Law, Love and Life through Resurrection IV. Manifesting the Peaceful Community: Faith and Practice 7. ‘Love Your (Legal) Neighbour as Yourself ’: Producing Peace through a Theological Jurisprudence of Truth I. ‘The End of Reason’: The Blind Faith of Secular Reason and Recovering Reason through the Incarnational Paradox II. ‘Faith in the Truth of Christianity’: Correspondence through Revelation and Rhetoric III. Revealing an Ontology of Peace: The Nature of Peace and Violence in Christianity IV. Christian Theology and the Modern Legal Community: Proposing the Law of Love V. The Law of Love, or Love beyond Law: Releasing the Spirit of the Good Samaritan VI. Fulfilling the Christian Vision of a Peaceful Legal Community

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

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Book SynopsisThis is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.Table of ContentsIntroduction Mark McBride (National University of Singapore) and James Penner (National University of Singapore) PART I GENERAL JURISPRUDENCE AND LEGAL REASONING 1. On the Relationship between Law and Legal Reasoning Fred Schauer (University of Virginia, USA) 2. The Law of the Street Barbara Baum Levenbook (North Carolina State University, USA) 3. Must Legal Reasons Be General? Fábio Perin Shecaira (Federal University of Rio de Janeiro, Brazil) 4. The Factor Model and General Jurisprudence Adam Rigoni (Arizona State University, USA) PART II RULES AND REASONS 5. No Reasons Mark McBride (National University of Singapore) 6. Revisiting the Reasons Account of Precedent Grant Lamond (University of Oxford, UK) 7. Grant Lamond’s Account of Precedent: A Personal Encounter John Horty (University of Maryland, USA) 8. How to Govern Conduct Larry Alexander (University of San Diego, USA) and Emily Sherwin (Cornell University, USA) 9. Working with a Body of Rules: On the Nature of Doctrinal Legal Disagreement in Judge-Made Law James Penner (National University of Singapore) PART III DOCTRINE AND PRACTICE 10. Thinking Like a Lawyer: An Introduction to Common Law Method Sundram Peter Soosay (Independent Scholar) 11. How the Ideal Adversary System’s Argumentative Structure Threatens Dignity Katharina Stevens (University of Lethbridge, Canada) and Nicole Lockstadt (McMaster University, Canada) 12. Lesser Evils, Mere Permissions and Justifying Reasons in Law Rob Mullins (University of Queensland, Australia) 13. First Among Equals: Abduction in Legal Argument from a Logocratic Point of View Scott Brewer (Harvard University, USA)

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Book SynopsisThis book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law – a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.

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Book SynopsisThis is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work – from building of a complete home to adding an extension or replacing a shower unit – will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book’s two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book’s two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.Trade ReviewPhilip Britton and Matthew Bell have accumulated decades of research and teaching, culminating in this authoritative book … This book is powerful rebuttal to any denial that there is something seriously wrong in this area, both in the UK and elsewhere. -- David Sawtell * Housing After Grenfell Blog *A landmark book that will serve well the needs of anyone involved in this neglected area of law. The authors are to be congratulated on their fine achievement. -- Julian Bailey, White & Case LLP * International Construction Law Review *This book is an excellent analysis of residential construction law in a multitude of jurisdictions … I would recommend this as a very important and well researched analysis of the history of construction law, the current status of construction law and where it may be heading. -- Kelvin Oldridge * BDPS News *This much-needed and excellent book fills a real gap in the residential construction field. It is a practical, comprehensive guide, packed with highly authoritative analysis and all presented in a most readable form. One of the book’s many strengths is that it takes a comparative approach, discussing problems and remedies in Ireland, New Zealand, the different states in Australia and in each of the three main jurisdictions within the UK. * Her Honour Frances Kirkham CBE, Chartered Arbitrator, Adjudicator and Mediator, Atkin Chambers, UK *It is a breath of fresh air to have a book devoted entirely to the oft neglected area of residential building … this book is a valuable resource for anyone involved in residential building work … Britton and Bell have [provided] the data and analysis that is the bedrock of any evidence-based reforms. -- Paula Gerber * Building and Construction Law Journal *Table of Contents1. Introduction 2. Residential Construction: Defects in Context 3. Regulation of Residential Construction 4. Contract Law in Residential Construction 5. Beyond Contract: Other Rights of Legal Action 6. Consumer Protection: Other Forms 7. Insurance and Third-Party Warranties 8. Inspections in Residential Construction 9. Pathways to Individual Redress 10. Time Limits for Taking Action 11. Multi-Unit Developments: Blocks of Flats 12. Conclusions

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Book SynopsisIs it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.Table of ContentsIntroduction Part One: Introducing Cybersecurity, Privacy and Data Protection Law and their Interplay 1. Cybersecurity, Privacy and Data Protection: An Analytical Framework 2. The EU Cybersecurity Policy 3. Privacy: The Right to Respect for Private and Family Life 4. The Right to the Protection of Personal Data Part Two: Technology and the Triad in the DSM, the AFSJ and the EA 5. Cybersecurity, Privacy and Data Protection as Techno-Legal Objects: Investigating the Role of Technology 6. The DSM: Network and Information Security (NIS), Privacy and Data Protection 7. The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection 8. The EA: ‘Cyber’ External Action, Privacy and Data Protection Conclusion

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Book SynopsisThis book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane’s work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane’s research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane’s towering contributions to legal scholarship and administrative law and tort law more generally.Table of ContentsPART I PRIVATE LAW 1. Tort Law Beyond the Forms of Action: Achieving the Goal of The Anatomy of Tort Law Christine Beuermann, Newcastle University, UK 2. Elements of Torts James Goudkamp, University of Oxford, UK 3. Culpability and Compensation Sandy Steel, University of Oxford, UK 4. Peter Cane on Torts Stephen D Sugarman, UC Berkeley School of Law, USA PART II PUBLIC LAW 5. Constitutional Rights, Moral Judgement, and the Rule of Law TRS Allan, University of Cambridge, UK 6. Participation and the Duty to Consult Janet McLean, University of Auckland, New Zealand 7. Controlling Administration: The Rise of Unilateral Executive Power in the United States Jerry L Mashaw, Yale Law School, USA PART III INTERSECTIONS 8. Administrative Compensation: Bypass or Dead End? Carol Harlow, London School of Economics and Political Science, UK 9. Tort and Regulation Donal Nolan, University of Oxford, UK 10. Regulating Relationships: The Regulatory Potential of Tort Law Revisited Jenny Steele, University of York, UK PART IV THE NATURE AND ROLE OF LEGAL SCHOLARSHIP 11. Th inking about Doctrine in Administrative Law Leighton McDonald, Australian National University 12. Administrative Tribunals: An Essay about the Legal Imagination of Administrative Law Scholars Elizabeth Fisher, University of Oxford, UK 13. Cane as Law Reformer: Gotterdamerung or House of Cards? Mark Lunney, King’s College London, UK 14. Philosophical and Judicial Th inking about Moral Concepts: Cane’s Critique of Philosophical Method 20 Years On Anthony J Connolly, Australian National University List of Peter Cane’s Publications

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Book Synopsis“The richness, clarity and nuances of the structure and methodology followed by the contributors make the book a very valuable tool for students... seeking to obtain a general understanding of the market and how it is regulated.” – Ligia Catherine Arias Barrera, Banking & Finance Law Review The fully updated edition of this user-friendly textbook continues to systematise the European law governing capital markets and examines the underlying concepts from a broadly interdisciplinary perspective. The 3rd edition deals with 3 central developments: the project of the capital markets union; sustainable finance; and the further digitalisation of financial instruments and securities markets. The 1st chapter deals with the foundations of capital markets law in Europe, the 2nd explains the basics, and the 3rd examines the regime on market abuse. Chapter 4 explores the disclosure system and chapter 5 short-selling and high-frequency trading. The role of intermediaries, such as financial analysts, rating agencies, and proxy advisers, is described in chapter 6. Chapter 7 explains compliance and corporate governance in investment firms and chapter 8 illustrates the regulation of benchmarks. Finally, chapter 9 deals with public takeovers. Throughout the book emphasis is placed on legal practice, and frequent reference is made to the key decisions of supervisory authorities and courts. This is essential reading for students involved in the study of capital markets law and financial law.Trade ReviewThis work is probably the best treatise on European securities market law. … The book's greatest virtue is that this very important sector of the economy is approached from an interdisciplinary, systematic and dogmatic perspective. This point of view is not so common and is undoubtedly one of the main merits of the book. * Revista de derecho mercantil [Bloomsbury translation] *This book provides essential background information for understanding European capital markets law. -- Toshiaki Yamanaka * University of Tsukuba *Table of ContentsSUMMARY CONTENTS 1 Foundations of Capital Markets Legislature in Europe § 1. History (Rüdiger Veil) § 2. Concept and Aims of Capital Markets Regulation (Rüdiger Veil) § 3. Legislative Powers for Regulating and Harmonising Capital Markets in Europe (Rüdiger Veil) § 4. Rule-Making Process (Fabian Walla) § 5. Sources of Law and Principles of Interpretation (Rüdiger Veil) § 6. Intra- and Interdisciplinarity (Rüdiger Veil) 2 Basics of Capital Markets Law § 7. Capital Markets (Rüdiger Veil) § 8. Financial Instruments (Rüdiger Veil) § 9. Market Participants (Rüdiger Veil) § 10. Cryptoassets and DLT Market Infrastructures (Rüdiger Veil) § 11. Capital Markets Supervision (Fabian Walla) § 12. Sanctions (Rüdiger Veil) 3 Market Abuse § 13. Foundations (Rüdiger Veil) § 14. Insider Dealing (Rüdiger Veil) § 15. Market Manipulation (Rüdiger Veil) 4 Disclosure System § 16. Foundations (Hendrik Brinckmann) § 17. Prospectus Disclosure (Rüdiger Veil) § 18. Periodic Disclosure (Hendrik Brinckmann) § 19. Disclosure of Inside Information (Rüdiger Veil) § 20. Disclosure of Major Holdings (Rüdiger Veil) § 21. Directors’ Dealings (Rüdiger Veil) § 22. Corporate Governance and Shareholder Rights (Rüdiger Veil) 5 Trading Activities § 23 Investment Objectives (Rüdiger Veil) § 24 Short Sales and Credit Default Swaps (Fabian Walla) § 25 Algorithmic Trading and High-Frequency Trading (Marcus Lerch) 6 Intermediaries § 26 Financial Analysts (Rüdiger Veil) § 27 Rating Agencies (Rüdiger Veil) § 28 Proxy Advisors (Rüdiger Veil) 7 Investment Firms § 29 Foundations (Rüdiger Veil) § 30 Investment Services (Rüdiger Veil) § 31 Product Intervention (Rüdiger Veil) § 32 Foundations of Compliance (Malte Wundenberg) § 33 Compliance Requirements (Malte Wundenberg) § 34 Governance (Malte Wundenberg) 8 Regulation of Benchmarks § 35 Foundations (Malte Wundenberg) § 36 Market Supervision and Organisational Requirements (Malte Wundenberg) 9 Takeover Law § 37 Foundations (Rüdiger Veil) § 38 Public Takeovers (Rüdiger Veil) § 39 Mandatory Bid (Rüdiger Veil) § 40 Defence against Takeover Bids (Rüdiger Veil)

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Book SynopsisConstitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.Table of ContentsIntroduction: Constitutionalism 2030: A Prediction Christopher Bezemek (University of Graz, Austria) PART ONE ASPECTS 1. Democracy in 2030 Matthias Klatt (University of Graz, Austria) 2. The Rule of Law in 2030 Yaniv Roznai (Radzyner School of Law, Interdisciplinary Center (IDC) Herzliya, Israel) 3. Federalism in 2030 Bilyana Petkova (University of Graz, Austria) PART TWO AREAS 4. International Human Rights in 2030 Andreas T Müller (University of Innsbruck, Austria) 5. International Criminal Law in 2030 Stefanie Bock (University of Marburg, Germany) 6. Global Trade in 2030 Antonios Kouroutakis (University of Madrid, Spain) PART THREE ACTORS 7. Institutions in 2030 Stefanie Egidy (Max Planck Institute for Research of Collective Goods, Germany) 8. Political Parties in 2030 Paulina Starski (University of Freiburg, Germany) 9. Popular Movements in 2030 Tomas Dumbrovsky (Charles University, Czech Republic; Doha Institute for Graduate Studies, Qatar)

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Book SynopsisWith the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.Table of ContentsIntroduction I. Inter-firm Collaborative Innovation: The Practices, Contractual Models and Legal Challenges A. Inter-firm Collaboration in the Global Productive Vanguards: Challenges for Legal Studies B. Models of Inter-firm Cooperation: Modular, Relational and Co-creation C. Rethinking Contracting Practices and Private Law for Collaborative Co-creation D. Experimentalism in Contractual Practices II. The Rise of Collaborative Contractual Networks for the Production of Innovation: Challenges and Opportunities A. The Social Problem: De-verticalisation of Productive Activities in the New Economy B. Economic Importance: Overcoming the Stagnation of Productivity Growth and Bridging the Gap between Developed and Developing Economies III. What Role for the Law in Collaborative Contractual Networks? A. The Context: The Challenges for Contractual Networks in an Economic and Sociological Perspective B. What Role for the Law? IV. The Plan of the Book 1. Contractual Networks to Innovate: The Search for a Legal Concept I. The Business Reality: Contractual Networks Versus the Traditional Legal Concepts A. The Phenomena of Contractual Networks: Neither Contract nor Corporation B. Between or ‘Beyond’ Contract and Corporation: Other Possible Legal Classifications II. Building a Concept of Contractual Networks Adapted to the Distinctive Character of Productive Networks A. Main Features of Productive Networks: Designing a Concept of Contractual Networks B. Legal Constructs Proposed to Govern Contractual Networks: Considering the Reality of Productive Networks III. Conclusion: The Working Concept of Contractual Networks for Innovation 2. The Internal Coordination of the Collaborative Contractual Network through Governance of Contract I. Re-Interpreting Contractual Networks’ Internal Challenges for Innovation Practices II. Governance Mechanisms in Contractual Networks for Innovation A. Limitations of Traditional Contract Design B. The Governance of Inter-fi rm Innovation III. Evidence from Collaborative Contractual Networks for Innovation in Brazil A. Background to the Empirical Field and Methodology B. First Stage of Interviews C. Second Stage of Interviews IV. Inter-firm Innovation in England A. Evidence from Legal Studies B. Collaborative Arrangements in Construction in the UK: Standard Agreements and Megaprojects V. Conclusion 3. Managing the Internal Coordination of the Network: The Role of the Legal Doctrine and the Duty of Loyalty to the Network I. The Legal Doctrine Regarding Contractual Networks: A Comparative Perspective A. US Braiding Theory – ‘Low-powered Enforcement’ and Critique B. European Private Law C. Brazilian Law D. The Possibility of Low-Powered Enforcement under English and Brazilian Law E. The Legal Concept of Relational Contract in English Law II. Duties of the Members of the Network: The Proposal of a Duty of Loyalty or Sincere Cooperation towards the Network A. The Proposal and the Justification of a Duty of Loyalty or Sincere Cooperation towards the Network B. Other Distinct Concepts in Comparative Private Law C. A Duty of Loyalty to the Common Objective of the Collaborative Project III. Conclusion: Finding a Duty of Loyalty to the Network/Collaborative Project under English and Brazilian Law 4. Legal Interpretation in Contracts to Innovate: Potential Matters of Dispute I. Duty to Share Information A. Prelude: Constant Exchange of Information and Heightened Duties of Cooperation in Collaborative Networks B. Case Law C. English Law D. Duty to Provide Information under Brazilian Law E. Identifying Criteria to Assess the Potential Intensification of Duties to Disclose Information under English and Brazilian Law F. Braiding Responses to Allocation of Information through Governance Mechanisms II. Duty of Non-Discrimination in the Collaborative Contractual Network A. Prelude: Similar Opportunities for Competing Companies in Quasi-organisational Collaborative Ventures? B. Integrated Distribution Networks with Collaborative Duties and Sharing of Risks and Profits C. English Law D. Brazilian Law E. Criteria to Identify an Unjustifiable Discrimination in the Network F. Governance to Prevent Abusive Discrimination III. Sharing of Profits A. Introduction B. Case Law C. English Law D. Brazilian Law E. The Sharing of Profits: What Role for the Courts F. Governance Mechanisms: Profit-sharing Agreements, Relational Incentives, Target Costing and Open-Book Management IV. Termination: Potential Design and ‘Fundamental Breach’ A. Prelude: Distinctiveness of Termination in Collaborative Contractual Networks B. Contractual Termination and Material Breach in Experimental Innovative Relationships C. English Law D. Brazilian Law E. Criteria of Interpretation and Governance V. Conclusions 5. Conclusion I. The Reverberations of Varieties of Capitalism on Inter-firm Innovation II. The Relevance of a Comparative Perspective III. The Role of Legal Studies: Institutional Imagination of Potential Forms of Contractual Collaboration

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Book SynopsisThis book examines the relationship between flexible regional economic integration in the East African Community (EAC), through its application of variable geometry, and the establishment of the African Continental Free Trade Area (AfCFTA) as a continent-wide form of integration. It uses a historical, political, legal and economic analysis of the processes that led to the adoption of flexible regional integration in Africa, with particular regard to the EAC. This takes place in the inescapable context of pan-Africanism, showing how regional integration efforts in Africa are based on pan-Africanist ideals, and how an evolution of these ideals has led to an evolution in the goals of integration. With growing awareness of the weaknesses and impracticality of consensus-based decision-making on a global level, it makes the case for the pursuit of flexibility in multilateral trade, drawing lessons from the experience of the AfCFTA and blocs in other regions. This book is a historical evaluation of regional economic integration efforts in Africa and it follows the path of attempts to integrate the economies on the continent from colonial times to the birth of the AfCFTA. While it is a study in law, it relies heavily on politics, economics and history to weave together a more complete theory of economic integration based on the African experience. Flexible Regional Economic Integration in Africa was awarded the 2020 SIEL–Hart Prize in International Economic Law.Table of Contents1. Introduction I. The East African Community (EAC) II. Flexible Regional Economic Integration III. The Approach IV. Significance V. Overview 2. Integration Theory I. Deciphering Regional Economic Integration II. A Brief Revisiting of Integration Theories A. From Autarky to Single Markets B. Why Integrate? C. How We Integrate D. The Effects of Integration E. The Complexity of Theorising III. Pan-Africanism, Integration Theory and the African Experience A. Reasons for Integration in Africa B. The Slow Pace of Integration in Africa IV. Summary: Theories, Realities and the Ensuing Frustration 3. Flexible Regional Economic Integration I. A Definition of Flexible Regional Integration A. A Principle of Flexibility B. Progression in Cooperation C. A Subgroup of Members D. A Larger Integration Scheme E. A Variety of Areas F. Different Speeds II. Streamlining Definition: Flexible Regional Economic Integration III. The Application of Flexible Regional Economic Integration A. Flexible Integration: A Broad Spectrum B. Flexible Integration in Africa C. Beyond Africa: Flexibility in the EU and MERCOSUR IV. Arguments in Favour of Flexible Integration A. Reasons for the Existence of Flexible Integration B. Benefits of Flexible Integration V. Criticisms of Flexible Integration VI. Summary 4. An Introduction to the EAC I. Early Beginnings II. The Second Attempt A. Harmonised Economic Policy B. Common Institutions C. The Common Market D. The Second Collapse III. The EAC Today A. Policy Harmonisation B. EAC Institutions C. The EAC Customs Union and Common Market IV. Looking Forward V. Summary 5. Flexible Regional Economic Integration in the East African Community I. A Brief History of Article 7(1)(e) of the EAC Treaty A. The Double-Edged Context B. The Unchanging Clause C. The Connection between the Unchanging Clause and the Africa-wide Link II. Why Flexible Regional Economic Integration in the EAC? A. Political Factors B. Economic Factors III. Summary 6. The Northern Corridor Integration Projects I. An Introduction to the NCIP A. The Projects B. Participating States and a Brief Review of Relations between them C. The Politics of the East African Community II. Milestones to NCIP’s Establishment A. EACJ Advisory Opinion No. 1 of 2008 B. The Entebbe Meeting of 25 June 2013 and Subsequent NCIP Summits C. Precipitating Factors D. Protestations from Tanzania and Other Criticisms III. Effects of the NCIP A. Trade Patterns B. Relations between the EAC Partner States C. Relations between the EAC and Third Parties IV. Summary 7. The Africa Continental Free Trade Area I. A Brief History of the AfCFTA A. Faltering, Learning and Unlearning: 1960–1980 B. The Post-Lagos Surge: 1980–2018 II. AfCFTA: Objectives, Principles and Enabling Factors A. AfCFTA: A Long Time Coming, But Why Now? III. The EAC and AfCFTA: Mother and Child, or Egg and Fowl? A. The Egg and Fowl Debate B. The EAC and AfCFTA: Friend or Foe? C. AfCFTA: The EAC Supersized? IV. Summary: Is the AfCFTA a Case for or Against Flexible Integration? 8. Beyond the Regions: Flexibility in Multilateral Trade I. The WTO Today – A Single Undertaking? A. Inconsistent Commitments B. Transitional Arrangements C. The Plurilateral Agreements D. The Critical Mass Approach E. ‘Trade And –’ II. Why Has Flexibility Been Avoided? A. The Reason for the Rules B. The Rule about the Rules C. The Sovereignty Debate D. The Ironic Role of Regional Trade Agreements (RTAs) E. The Fragility of Practicality III. The Big Question: How? A. How Would Multilateral Flexibility Look? B. How do we Sell Multilateral Flexibility? 9. Flexibility: Looking Ahead

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Book SynopsisThis book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.Table of ContentsPART I FUNDAMENTALS 1. On the Concepts of Law and Human Rights I. The Dual Nature of Law II. The Concept of Human Rights 2. A New Concept of Evolutive and Static Interpretation I. Evolutive Interpretation Within a Normative Theory of Interpretation II. Evolutive Interpretation as an Element of the Time Dimension of Interpretation III. Static Interpretation as the Parameter for Evolutive Interpretation 3. The Legitimacy of Evolutive Interpretation Revisited I. Evolutive Interpretation and the ECHR II. Evolutive Interpretation and the Vienna Convention on the Law of Treaties III. Evolutive Interpretation and General Principles of International Law 4. The Criticism against Evolutive Interpretation Revisited I. Democratic Legitimacy of Evolutive Interpretation II. Sovereignty III. Rule of Law PART II THE ECHR CONSTITUTION 5. The Argument of Constitutionalism I. Constitutionalism in the International Realm II. Cosmopolitan Constitutionalism III. Deliberative or Discursive Constitutionalism 6. The Constitutional Nature of the ECHR I. The Constitutional Status of the ECHR’s Judicial Review Mechanism II. Locating the ECHR in the International Constitutionalism Debate 7. Three Basic Constitutional Principles of the ECHR I. The Three Pillars of the Council of Europe as Constitutional Principles II. The Ideal and Real Dimension in the ECHR III. Time Dimension of Interpretation and the Dual Nature of the ECHR PART III BALANCED LEGITIMACY MODEL 8. Setting the Scene for Balancing at the Interpretation Stage I. The Distinction between Rules and Principles II. Connecting Static and Evolutive Interpretation to Formal and Material Principles III. Balancing in the Different Stages of Law Application IV. Balancing of Interpretive Canons 9. The Balancing Model for Evolutive and Static Interpretation I. Basic Ideas on the Balancing Model II. Critical Aspects of Balancing in Human Rights Interpretation III. Internal Structure of the Balancing Model IV. Weight Formula 10. External Justification I. How to Accord Weights in the ECHR? II. Weighting Rules in the Time Dimension of Interpretation III. The Epistemic Reliability of the Underlying Premises PART IV THE BALANCED LEGITIMACY MODEL APPLIED 11. The Right to Divorce I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Evolutive Approach to Interpretation 12. The Right to Assisted Suicide I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Static Approach to Interpretation 13. The Right to Preservation of the Environment I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. A Stalemate Case

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Book SynopsisThis book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.Table of Contents1. Introduction I. Litigants in Person and the Family Justice System II. The Family Justice Landscape III. Where Next for Family Justice? IV. Learning from LIPs V. Chapter Outline 2. The Changing Landscape of Family Justice I. Neoliberalism and the Family Justice System II. Family Justice at Breaking Point? III. Domestic Abuse and Family Justice IV. COVID-19 and Family Justice V. A Turning Point for Family Justice 3. Conceptualising Litigants in Person I. Tensions in Family Justice Research II. Marginalised Perspectives III. Inequality, Disadvantage, and Difference IV. The State and the Family Justice System V. Material Manifestations of Disadvantage VI. A Theoretical and Empirical Enquiry 4. Navigating the Family Justice System I. Procedural Requirements II. Legal Norms III. Physical Environments, Social Hierarchies and Cultural Expectations IV. The Full-Representation Model 5. Contributing to the Family Court Process I. Speaking in Court II. Using Paperwork to Communicate III. Asking and Answering Questions IV. Being Heard within the Family Court Process V. Changing the Conversation 6. Finding a Role in the Family Justice System I. Relationships with Judges II. Relationships with Opposing Lawyers III. Relationships with Other LIPs IV. Finding a Role 7. Perceptions of Family Justice I. The Expectation-Experience Disconnect II. Understanding Decisions and Outcomes III. A Cycle of Exclusion IV. Family Justice Journeys 8. Conclusion I. Litigants in Person and the Family Justice System II. LASPO: The End of Family Justice? III. How to Break a Cycle of Exclusion

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Book SynopsisWhat is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.Table of ContentsI. Setting the Context II. Structure PART I THE STANDARD-DEVELOPMENT ENVIRONMENT 1. Standards, Standard-Development Organisations and Standard Essential Patents I. Standards A. Technical Interoperability Standards B. Classification of Standards i. Standards Based on their Source a. De Facto Standards b. Collaborative Standards c. Governmental Standards ii. Open and Closed Standards II. Standard Development Organisations A. Types of SDOs B. Membership C. How SDOs Develop Standards III. Standard Essential Patents A. SEPs in IPR Policies of SDOs i. Disclosure Rules ii. Licensing Rules B. The Meaning of Essentiality C. The Problem of Over-Disclosure IV. Conclusion 2. The Dynamics of Standard Essential Patent Licensing: Patent Holdup, Holdout and Royalty Stacking I. Industry Convergences and Changing Market Dynamics II. Patent Holdup and Royalty Stacking A. Patent Holdup B. Royalty Stacking C. The Influence of Patent Holdup and Royalty Stacking Theories III. Criticism of Patent Holdup and Royalty Stacking Theories A. The Lack of Empirical Evidence of Systematic Negative Effects B. The Misunderstanding of the Standardisation Process and Legal Licensing Framework IV. Patent Holdout V. Conclusion PART II THE MEANING AND CONTENT OF A FRAND LICENCE 3. The Nature of a FRAND Commitment I. The Principles and the Text of a FRAND Commitment II. The Enforceability of a FRAND Commitment A. Contract Law i. Can SDO Non-Members Rely on a FRAND Contract? ii. Is a FRAND Commitment Sufficiently Clear to be an Enforceable Contract iii. Transferability of a FRAND Commitment iv. Not All Jurisdictions Recognise Third-Party Beneficiary Rights v. SDOs Could Clarify the Contractual Nature of a FRAND Commitment B. Competition Law i. EU Competition Law and Breach of FRAND Commitments ii. US Antitrust Law and Breach of FRAND Commitments iii. The Role of Competition Law in the SEP Context C. Alternative Theories on the Enforceability of FRAND Commitments III. Conclusion 4. FRAND Royalty I. The Principles of FRAND Royalty A. The Value of the Technology Itself (the Ex Ante Incremental Value Approach) i. Reception in Practice ii. Criticism of the Ex Ante Incremental Value Approach a. Misunderstanding the Standard-Development Process b. Depreciating the Value of SEPs c. Not Used in Real-World Commercial Transactions d. Inapplicability in Practice B. Sharing the Value of Standardisation II. Calculating FRAND Royalties in Practice A. Comparable Licences i. Application in Practice B. Top-Down Approach i. Application in Practice C. Other Approaches III. Conclusion 5. The Non-Discrimination Requirement of a FRAND Commitment I. Positive and Negative Aspects of Price Discrimination in Standard Essential Patent Licensing II. The Non-Discrimination Requirement in the Text of a FRAND Commitment III. No Requirement to Apply Uniform Terms to All Licensees IV. Interpretations of the Non-Discrimination Requirement of a FRAND Commitment A. Prohibition of Discrimination between Different Levels of the Production Chain B. Prohibiting Price Discrimination of Vertically Integrated SEP Holders against Downstream Competitors C. Prohibiting Discrimination against Similarly Situated Licensees i. Which Licensees are Similarly Situated? ii. When is Dissimilar Treatment Discriminatory? iii. What are the Remedies for Discrimination? V. The Application of the Non-Discrimination Requirement of a FRAND Commitment VI. Confidentiality Agreements and Disclosure of Licences VII. Conclusion 6. FRAND Royalty Base I. Introduction: The End-Product or Component? II. The Appropriate FRAND Royalty Base III. The Legal Requirement to Use a Particular Royalty Base A. Origins and Evolution of the SSPPU Theory i. US Patent Damages System and the Emergence of the SSPPU Theory ii. Reception and Expansion of the SSPPU Doctrine by the Federal Circuit iii. Clarification and Backtracking of the SSPPU Doctrine by the Federal Circuit iv. Jury Bias as a Reason for the Introduction of the SSPPU B. Conclusion IV. The Royalty Base in Standard Essential Patent Litigation V. Conclusion 7. FRAND and Value Chain Licensing I. The Value Chain Licensing Debate II. Patent Law and Value Chain Licensing III. FRAND Commitments and Value Chain Licensing IV. Competition Law and Value Chain Licensing A. Refusal to License and EU Competition Law B. Article 101 TFEU and the Horizontal Cooperation Guidelines C. Refusal to License and US Antitrust Law V. Policy Outlook for the Internet of Things VI. Conclusion 8. Remedies I. Injunctions A. Principles of Equity (US Courts) B. Public Policy (International Trade Commission) C. Unfair Competition (Federal Trade Commission) D. Competition Law (EU) i. The Interpretation of Huawei v ZTE by National Courts E. Conclusion II. Global or Territorial Scope of a FRAND Licence? III. Antisuit Injunctions IV. Past Damages V. Procedural Remedies to Facilitate Patent Licensing A. A FRAND Trial First B. Interim Payments VI. Conclusion PART III STANDARD ESSENTIAL PATENT LICENSING IN THE INTERNET OF THINGS 9. Standard Essential Patent Licensing in the Internet of Things I. Challenges of FRAND Licensing in the Internet of Things II. Current Proposals for Improving the Standard Essential Patent Licensing Framework A. Transparency of the SEP Landscape B. Unilateral Ex Ante Disclosure of Maximum Licensing Terms C. Collectively Setting an Aggregate Royalty for a Standard D. Global Rate-Setting Tribunals III. Collective Licensing Models for the Internet of Things A. Patent Pools for the IoT i. Overcoming the Obstacles in Pool Formation a. Assembling a Critical Number of Upstream Companies is Sufficient b. Pool Royalty to Induce Pool Participation and Prevent Free Riding c. Division of Royalties d. Essentiality Checks e. IoT Industry-Specific Licensing Terms f. Transparency of Terms and Patents B. Implementers’ Collective Licensing Associations IV. Conclusion

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Book SynopsisHow does law possess the normative force it requires to direct our actions? This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on: Firstly, that commitment to the existence of a supreme moral principle is required; Secondly, that any supreme moral principle must be identifiable through human reason. The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule’s legal validity. This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.Table of ContentsPART 1 ESTABLISHING THE PGC AS A SUPREME MORAL PRINCIPLE 1. The PGC as a Supreme Moral Principle 1. Introduction 2. The Dialectical Necessity of Morality 3. Philosophical Criticisms of the PGC 4. Conclusion 2. The PGC in Raz’s Hierarchy of Reasons 1. Introduction 2. Raz on the Nature of Reasons 3. Resolving Conflicts between Reasons 4. Conclusion PART 2 ESTABLISHING PERMISSIBILITY WITH REFERENCE TO THE PGC AS A NECESSARY CONDITION OF A RULE’S LEGAL VALIDITY 3. Agency, Morality and Law 1. Introduction 2. The PGC and Legal Norms 3. The Operation of the PGC within a Legal System 4. Conclusion 4. Raz and Legitimate Legal Authority 1. Introduction 2. Raz, Legal Authority and the Contingency Thesis 3. Authority to Make Law and the Sources Thesis 4. Systemic Functionality 5. Obligations to Obey the Law 6. Conclusion 5. Contemporary Inclusive Positivism 1. Introduction 2. David Lyons and Formalism 3. Incorporationism and Jules Coleman 4. The Moderate Incorporationism of Matthew Kramer 5. Conclusion Conclusion

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

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

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Book Synopsis“This is a big book, with big themes and an author with the necessary experience to back them up… Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of ContentsPart I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking? 1.1. Introduction 1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law 1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation 1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria) Part II The Nature, Status and Function of Private International Law 2.1. Modern Private International Law 2.2. The Modern European and US Approaches to Conflicts of Law 2.3. Interaction of Private International Law and Uniform Law Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria 3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation 3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law 3.3. Operation of the Lex Mercatoria. Objections

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Book SynopsisCan universal human rights and different national citizenship regimes ever be compatible? This book argues that they can’t, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations – and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.Table of ContentsTable of Legislation Introduction 1. Philosophical Roots of the Concept of Humanity I. Ancient Greek Ideas Regarding Humanity and Citizenship II. Stoic Ideas of Humanity III. The Christian Idea of Humanity IV. The Enlightenment, Abstract Humanity and Universalism V. Kant’s Conception of Humanity VI. Marx, Nietzsche and Freud: Towards a New Idea of Humanity and Political Subjectivity? 2. Foundations of Dignity and Human Rights I. Introduction II. The Human Soul in Greek Philosophy III. Dignity in the Christian Tradition IV. The Enlightenment, Kant and Human Dignity V. The Early French and US Declarations of Human Rights VI. Human Dignity in the Modern Human Rights Discourse 3. Ideas of Universal Human Rights versus Citizenship I. Introduction II. The Problem with Decoupling Human Rights and Citizenship III. Human Rights Dichotomies IV. Questioning the Universality of Human Rights 4. Ideas of World Citizenship: Attempting to Overcome the Conflict between the Exclusive and the Universal I. Introduction II. The Origins of Cosmopolitanism III. Global Citizenship and Human Rights 5. A New Framework of Global Human Rights I. Introduction II. A Postmodern Global Society without Borders? III. New Conceptions of Global Human Rights IV. A Theory of Global Human Rights Bibliography Index

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Book SynopsisDrawing on two empirical studies and influential theoretical frameworks, this book provides a critical overview of the key regulatory challenges concerning cyberbullying and sexting behaviours among young people (persons under 18 years). The author explores issues such as conceptualising the behaviours, examining the prevailing presence of sexism, myths and stereotypes surrounding gender roles and identity, and the limitations of criminal law as an effective regulatory tool. In doing so, identifying peer-based sexting behaviours as part of a continuum of sexual behaviour is promoted alongside the need to consider interventions beyond the legal landscape and in line with the United Nations Convention on the Rights of the Child. In the main, priority is given to non-legal responses and the need for more effective and comprehensive gender-sensitive education programmes. The book therefore provides a more developed conceptual understanding of sexting and cyberbullying behaviours among young people.Table of Contents1. Introduction 2. Young People who Display Harmful Behaviours: Theoretical and Empirical Perspectives 3. Young People who Display Harmful Sexual Behaviour: A Review 4. Narratives on 'Cyberbullying' Among Young People 5. Narratives on Sexting Among Young People 6. Peer-Based Sexting, Law and Issues of Consent 7. Sexting Among Young People: A Continuum of Sexual Behaviour 8. Cyberbullying and Sexting: Law and Policy 9. Conclusion

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