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This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society - such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organization. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.
In 1987, E.L. Doctorow celebrated the Constitution's bicentennial
by reading it. "It is five thousand words long but reads like fifty
thousand," he said. Distinguished legal scholar Garrett
Epps--himself an award-winning novelist--disagrees. It's about
7,500 words. And Doctorow "missed a good deal of high rhetoric,
many literary tropes, and even a trace of, if not wit, at least
irony," he writes. Americans may venerate the Constitution, "but
all too seldom is it read."
When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.
While discrimination in the workplace is often perceived to be undertaken at the hands of individual or 'rogue' employees acting against the better interest of their employers, the truth is often the opposite: organizations are inciting discrimination through the work environments that they create. Worse, the law increasingly ignores this reality and exacerbates the problem. In this groundbreaking book, Tristin K. Green describes the process of discrimination laundering, showing how judges are changing the law to protect employers, and why. By bringing organizations back into the discussion of discrimination, with real-world stories and extensive social-science research, Green shows how organizational and legal efforts to minimize discrimination - usually by policing individuals over broader organizational change - are taking us in the wrong direction, and how the law could do better, by creating incentives for organizational efforts that are likely to minimize discrimination, instead of inciting it.
This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.
The Supreme Court Economic Review is a faculty-edited, peer-reviewed, interdisciplinary law and economics series with a particular focus on economic and social science analysis of judicial decision making, institutional analysis of law and legal structures, political economy and public choice issues regarding courts and other decision-makers, and the relationship between legal and political institutions and the institutions of a free society governed by constitutions and the rule of law. Contributors include renowned legal scholars, economists, and policy-makers, and consistently ranks among the most influential journals of law and economics.
This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.
Arguing that sound is integral to Virginia Woolf's understanding of literature, Elicia Clements highlights how the sonorous enables Woolf to examine issues of meaning in language and art, elaborate a politics of listening, illuminate rhythmic and performative elements in her fiction, and explore how music itself provides a potential structural model that facilitates the innovation of her method in The Waves. Woolf's investigation of the exchange between literature and music is thoroughly intermedial: her novels disclose the crevices, convergences, and conflicts that arise when one traverses the intersectionality of these two art forms, revealing, in the process, Woolf's robust materialist feminism. This book focuses, therefore, on the conceptual, aesthetic, and political implications of the musico-literary pairing. Correspondingly, Clements uses a methodology that employs theoretical tools from the disciplines of both literary criticism and musicology, as well as several burgeoning and newly established fields including sound, listening, and performance studies. Ultimately, Clements argues that a wide-ranging combination of these two disciplines produces new ways to study not only literary and musical artifacts but also the methods we employ to analyze them.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.
From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
As demonstrated in any conflict, war is violent and causes grave harms to innocent persons, even when fought in compliance with just war criteria. In this book, Rosemary Kellison presents a feminist critique of just war reasoning, with particular focus on the issue of responsibility for harm to noncombatants. Contemporary just war reasoning denies the violence of war by suggesting that many of the harms caused by war are necessary, though regrettable, injuries for which inflicting agents bear no responsibility. She challenges this narrow understanding of responsibility through a feminist ethical approach that emphasizes the relationality of humans and the resulting asymmetries in their relative power and vulnerability. According to this approach, the powerful individual and collective agents who inflict harm during war are responsible for recognizing and responding to the vulnerable persons they harm, and thereby reducing the likelihood of future violence. Kellison's volume goes beyond abstract theoretical work to consider the real implications of an important ethical problem.
This book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.
This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of public authority. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will find this work a valuable addition to their library.
Uncle Sam is the worst helicopter parent in America. Children are taken from their parents because they are obese. Parents are arrested for letting their children play outside alone. Sledding and swaddling are banned. From games to school to breast-feeding to daycare, the overbearing bureaucratic state keeps getting between kids and their parents. The state's safety, hygiene, and health regulations rule, and the government's judgment may not coincide with yours. Which foods and drinks to send to school, what toys to buy, whether to breast- or bottle-feed babies are all choices that used to be left to you and me. Not anymore. As a mom to four kids, I should be used to it, but I'm not. All the government-mandated parenting gets under my skin. And I'm not alone. No Child Left Alone explores the growing problem of an intrusive, interfering government and highlights those parents--all the Captain Mommies and Captain Daddies across America--fighting to take back control over their families.
This book discusses the basic theories and structures employed in handling the Central-SAR relationship under the "One Country, Two Systems" policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.
Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. This book examines the study of Chinese law and the reality of legality and Chinese society. It provides chapters focusing on studies of recent developments in the areas of tax and financial governance, judicial reform, and commercial law. It also explores counterterrorism models in China as well as the logic, policy, and interpretation of `the division of three rights'. This astute and contemporary work will be invaluable to scholars of Chinese law, society, and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China.
This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU's commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU's reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs' human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or international human rights as well as NGOs and policymakers in international organizations and corporations that support corporate social responsibility and human rights.
Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organisations, NGOs and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand and the Philippines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to `normalise' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as for scholars in politics, human rights, international relations and government and NGO analysts.
Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood" and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times-and what such migrant crossings mean for subjects who experience violence during or after their crossing.
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