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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
This provocative book investigates the relationship between law and
artificial intelligence (AI) governance, and the need for new and
innovative approaches to regulating AI and big data in ways that go
beyond market concerns alone and look to sustainability and social
good. Taking a multidisciplinary approach, the contributors
demonstrate the interplay between various research methods, and
policy motivations, to show that law-based regulation and
governance of AI is vital to efforts at ensuring justice, trust in
administrative and contractual processes, and inclusive social
cohesion in our increasingly technologically-driven societies. The
book provides valuable insights on the new challenges posed by a
rapid reliance on AI and big data, from data protection regimes
around sensitive personal data, to blockchain and smart contracts,
platform data reuse, IP rights and limitations, and many other
crucial concerns for law's interventions. The book also engages
with concerns about the 'surveillance society', for example
regarding contact tracing technology used during the Covid-19
pandemic. The analytical approach provided will make this an
excellent resource for scholars and educators, legal practitioners
(from constitutional law to contract law) and policy makers within
regulation and governance. The empirical case studies will also be
of great interest to scholars of technology law and public policy.
The regulatory community will find this collection offers an
influential case for law's relevance in giving institutional
enforceability to ethics and principled design.
This collection analyses the place and the functioning of
interparliamentary cooperation in the EU composite constitutional
order, taking into account both the European and the national
dimensions. The chapters join the recent scholarship on the role of
parliaments in the EU after the Treaty of Lisbon.The aim of this
volume is to highlight the constitutional significance of
interparliamentary cooperation as a permanent feature of EU
democracy and as a new parliamentary function as well as to
investigate the practical side of this relatively new phenomenon.
To this end the contributors are academics and parliamentary
officials from all over Europe. The volume discusses the
developments in interparliamentary cooperation and its implications
for the organisation and procedures of national parliaments and the
European Parliament, for the fragmented executive of the EU, and
for the democratic legitimacy of the overall EU composite
Constitution. These issues are examined by looking at the European
legislative process, the European Semester and the Treaty
revisions. Moreover, the contributions take into account the
effects of interparliamentary cooperation on the internal structure
of parliaments and analyse the different models of
interparliamentary cooperation, ie from COSAC to the new
Interparliamentary Conference on Stability, Economic Coordination
and Governance in the European Union provided by the Fiscal
Compact.
This volume tackles contemporary problems of legal accommodation of
diversity in Europe and recent developments in the area in diverse
European legal regimes. Despite professing the motto Unity in
Diversity Europe appears to be struggling with discord rather than
unity. Legal discussions reflect a crisis when it comes to matters
of migration, accommodation of minorities and dealing with the
growing heterogeneity of European societies. This volume
illustrates that the current legal conundrums stem from European
oscillation between, on the one hand, acknowledging the need of
accommodation, and, on the other, the tendencies to preserve
existing legal traditions. It claims that these opposite tendencies
have led Europe to the edge of pluralism. This 'edge', just as the
linguistic interpretation of the word 'edge', carries multiple
meanings conveying a plethora of problems encountered by law when
dealing with diversity. The authors attempt to explore and
illustrate these multiple edges of pluralism tracing back their
origins and examining the contemporary legal conundrums they have
led to. The volume encourages the readers to explore whether there
are fundamental problems with approaches to diversity and if so can
they be rescued from their current precarious position. It asks
whether Europe at the edge is truly capable to unite in diversity
and develop a constructive approach to its growing pluralism. The
book is aimed at academics, practitioners and students focusing
their work on contemporary problems of diversity, multiculturalism
and accommodation of migrants as well as everybody interested in
the area.
Title 16 presents regulations governing commercial practices and
covers product-specific bans, standards, and requirements; policy
on imported products, importers, and foreign manufacturers; export
of non-complying, misbranded, or banned products; and commission
notification of foreign government. Additions and revisions to this
section of the code are posted annually by January. Publication
follows within six months.
Myanmar's Constitution of 2008 was the 'road map' for the reform
process that began in 2011. Despite extensive criticism of this
Constitution for its emphasis on the role of the military, much
progress has been made towards constitutional government and law
reform. With the election of the opposition NLD to government in
the general election of November 2015 and the presidential
electoral college election of March 2016,now is the time to
consider the Constitution, and prospects and needs for
constitutional change as Myanmar moves towards democracy and the
rule of law. Much has been made of the Constitution's rigidity,
which is seen as an obstacle to reform and inconsistent with
embracing the rule of law, human rights and multi-party democracy,
especially with a rapidly transforming state and society.
Nonetheless, the Constitution is also seen as having potential to
be a very positive force for reform. Many issues arise now for
constitutionalism and constitutional change: presidency; federalism
and territorial governance; the status of minorities and freedom of
religion; civil liberties in what is described as a
'discipline-flourishing democracy'; the courts, justice and the
rule of law; the electoral system; and many more. This book is an
attempt to gauge the extent and potential for the entrenchment of
constitutionalism in Myanmar in a rapidly changing environment.
Concerns have arisen in recent decades about the impact of climate
change on human mobility. Many people affected by climate change
are forced or otherwise decide to migrate within or across
international borders. Despite its clear importance, many questions
remain open regarding the nature of the climate-migration nexus and
its implications for laws and institutions. In the face of such
uncertainty, this Research Handbook offers a comprehensive picture
of laws and institutions relevant to climate migration and the
multiple, often contradictory perspectives on the topic. Carefully
edited chapters by leading scholars in the field provide a cross
section of the various debates on what laws do, can do and should
do in relation to the impacts of climate change on migration. A
first part analyses the relations between climate change and
migration. A second part explores how existing laws and
institutions address the climate-migration nexus. In the final
part, the chapters discuss possible ways forward. This timely
Research Handbook provides much-needed insight into this complex
issue for graduate and post-graduate students in climate change or
migration law. It will also appeal to students and scholars in
political science, international relations, environmental studies
and migration studies, as well as policymakers and advocates.
Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett,
M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville,
C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C.
Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.
Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D.
Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A.
Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M.
Wyman
Increased diversity and shifting social identities have created
significant effects on contemporary legislative systems. These
shifts have altered how legislative bodies conduct, implement, and
pass various policies and bills. Impacts of Faith-Based Decision
Making on the Individual-Level Legislative Process: Emerging
Research and Opportunities is an innovative source of scholarly
material on the religious influences of modern society on marital
law. Including perspectives on topics such as same-sex marriage,
religious values, and bill sponsorship, this book is ideally
designed for researchers, academics, professionals, graduate
students, and policy makers interested in the latest developments
on legislative decision making.
'A most welcome book on the most neglected of topics by a
pioneering team of interdisciplinary scholars. The volume
illuminates the rendering asunder of the borders that previously
protected personal information, even when the individual was in
''public'' and helps us see the muddying of the simple distinction
between public and private. The book asks what public and private
mean (and should mean) today as smart phones, embedded sensors and
related devices overwhelm the barriers of space, time, physicality,
and inefficiency that previously protected information. This
collection offers a needed foundation for future conceptualization
and research on privacy in literal and virtual public spaces. It
should be in the library of anyone interested in the social, policy
and ethical implications of information technologies.' - Gary T.
Marx, Massachusetts Institute of Technology 'How we should think
about privacy in public spaces in a world of artificial
intelligence and ubiquitous sensors is among the most interesting
and pressing questions in all of privacy studies. This edited
volume brings together some of Europe and America's finest minds to
shed theoretic and practical light on a critical issue of our
time.' - Ryan Calo, University of Washington 'The deepest conundrum
in the privacy world-especially, in light of the internet of other
people's things-is perhaps the notion of privacy in public.
Unraveling this practically Kantian antinomy is the ambitious aim
of this important new collection. Together and apart, this
intriguing assemblage of scientists, social scientists,
philosophers and lawyers interrogate subjects ranging from
conceptual distinctions between ''space'' and ''place'' and the
social practice of ''hiding in plain sight'', to compelling ideas
such as ''privacy pollution'' and the problem of ''out-of-body
DNA''. With this edited volume, the team from TILT has curated a
convincing account of the importance of preserving privacy in
increasingly public spaces.' - Ian Kerr, University of Ottawa,
Canada With ongoing technological innovations such as mobile
cameras, WiFi tracking, drones, and augmented reality, aspects of
citizens' lives are becoming increasingly vulnerable to intrusion.
This book brings together authors from a variety of disciplines
(philosophy, law, political science, economics, and media studies)
to examine privacy in public space from both legal and regulatory
perspectives. The contributors explore the contemporary challenges
to achieving privacy and anonymity in physical public space at a
time when legal protection remains limited in comparison to
`private' space. To address this problem, the book clearly
demonstrates why privacy in public space needs defending. Different
ways of conceptualizing and shaping such protection are explored,
for example through `privacy bubbles', obfuscation and surveillance
transparency, as well as by revising the assumptions underlying
current privacy laws. Scholars and students who teach and study
issues of privacy, autonomy, technology, urban geography and the
law and politics of public spaces will be interested in this book.
Contributors include: M. Brincker, A. Daly, A.M. Froomkin, M.
Galic, J.M. Hildebrand, B.-J. Koops, M. Leta, K. Mause, M.
Nagenborg, B.C Newell, A.E. Scherr, T. Timan, S.B. Zhao
"Since the fall of the Berlin wall there has been a surprising
dearth of high quality of scholarship on legal culture in the
communist successor states of East Central Europe. In this
excellent book Barbara Havelkova engages with the reversal of many
of the advances the socialist period made in gender relations,
examining the historical roots of the current failure of Czech law
to engage with the discriminatory practices that have negatively
affected the lives of women. She does this by a forensic excavation
of law, discourses and practices of the socialist era revealing the
patriarchal assumptions underpinning them that became deeply
embedded in Czech legal culture, and that have been carried forward
to the present day. The book is a compelling read. It provides
answers to many of the questions that have perplexed feminists
about the post-soviet transition and at the same time speaks more
generally to the debates surrounding the troubling rightward shift
in the politics of the communist successor states of Europe."
Professor Judith Pallot, President of the British Association for
Slavonic and East European Studies "In Gender Equality in Law:
Uncovering the Legacies of Czech State Socialism, Barbara Havelkova
offers a sober and sophisticated socio-legal account of gender
equality law in Czechia. Tracing gender equality norms from their
origins under state socialism, Havelkova shows how the dominant
understanding of the differences between women and men as natural
and innate combined with a post-socialist understanding of rights
as freedom to shape the views of key Czech legal actors and to
thwart the transformative potential of EU sex discrimination law.
Havelkova's compelling feminist legal genealogy of gender equality
in Czechia illuminates the path dependency of gender norms and the
antipathy to substantive gender equality that is common among the
formerly state-socialist countries of Central and Eastern Europe.
Her deft analysis of the relationship between gender and legal
norms is especially relevant today as the legitimacy of gender
equality laws is increasingly precarious." Professor Judy Fudge,
Kent Law School Gender equality law in Czechia, as in other parts
of post-socialist Central and Eastern Europe, is facing serious
challenges. When obliged to adopt, interpret and apply
anti-discrimination law as a condition of membership of the EU,
Czech legislators and judges have repeatedly expressed hostility
and demonstrated a fundamental lack of understanding of key ideas
underpinning it. This important new study explores this scepticism
to gender equality law, examining it with reference to legal and
socio-legal developments that started in the state-socialist past
and that remain relevant today. The book examines legal
developments in gender-relevant areas, most importantly in equality
and anti-discrimination law. But it goes further, shedding light on
the underlying understandings of key concepts such as women,
gender, equality, discrimination and rights. In so doing, it shows
the fundamental intellectual and conceptual difficulties faced by
gender equality law in Czechia. These include an essentialist
understanding of differences between men and women, a notion that
equality and anti-discrimination law is incompatible with freedom,
and a perception that existing laws are objective and neutral,
while any new gender-progressive regulation of social relations is
an unacceptable interference with the 'natural social order'.
Timely and provocative, this book will be required reading for all
scholars of equality and gender and the law.
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