Addresses the fundamental questions of how our data, online identity and digital assets are treated after death. Edina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. By examining different areas of law, humanities and social science, she proposes the new concept of postmortal privacy (privacy of the deceased individuals) and provides answers and suggestions as to what happens to digital assets and online identity after death.Case studies draw on the transmission of emails, online games/virtual realities such as World of Warcraft and social networks to examine the legal issues surrounding these most prominent and widely used types of assets. Aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law are considered. Harbinja puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research. Her useful consideration of current digital legacy tools and technologies also offers practical advice for users when it comes to their own estate planning.

This book explores the concept of beneficial ownership in equity law, the domestic tax laws of the United Kingdom, Canada and the United States, as well as its varied and increasing uses in international tax law. By analysing the evolution of beneficiary rights in equity and the use of beneficial ownership wording in tax law, the book draws a roadmap for dealing with beneficial ownership in both national and international tax law. This approach highlights those common misconceptions that can be avoided by understanding the origins of the concept and its engagement with equity, as well as the differences with tax law. However, the book does not limit itself to dealing with theoretical discussion, but also offers an instructive and detailed practical case study. Offering both academic commentary and a practitioner focus, the book will be of the utmost interest to scholars and practitioners from common and civil law countries dealing with tax and estate law, particularly given beneficial ownership's increasing relevance.

Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools - historically so closely linked with charity - might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

A considered balance of depth, detail, context, and critique, Equity & Trusts Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence. * Gain a complete understanding of the topic: we won't overload or leave your students short, just the right amount of detail conveyed clearly * Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear * Identify when and how to evaluate the law critically: we'll introduce the key areas of debate and give your students the confidence to question the law * Direct and consolidate their knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence * Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, the authors provide direction on going further Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. * The e-book offers a mobile experience and convenient access along with functionality tools, navigation features * Three video lectures presented by Gary Watt introduce key areas of debate within the subject * General guidance on answering essay questions and problem scenarios * Sample essay questions and problem scenarios, along with answer guidance * Web links to further primary sources and commentary to aid understanding * Flashcard glossary to help test knowledge of key terms * Self-test questions per chapter with instance feedback

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book's content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like - what is the true meaning of 'martial law'; who can invoke 'martial law'; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of 'emergency powers,' these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

This book compares trust and patrimony laws in England, Scotland, Quebec and the Netherlands. The volume explores the multiple ways in which the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block. The first comparative law book addressing the relation between trust and patrimony from a comparative and trans systemic perspective; It focuses on the private law of England, Scotland, Quebec and the Netherlands and includes both new and important previously published papers written by distinguished comparative law scholars.