The growth of data-collecting goods and services, such as ehealth and mhealth apps, smart watches, mobile fitness and dieting apps, electronic skin and ingestible tech, combined with recent technological developments such as increased capacity of data storage, artificial intelligence and smart algorithms, has spawned a big data revolution that has reshaped how we understand and approach health data. Recently the COVID-19 pandemic has foregrounded a variety of data privacy issues. The collection, storage, sharing and analysis of health- related data raises major legal and ethical questions relating to privacy, data protection, profiling, discrimination, surveillance, personal autonomy and dignity. This book examines health privacy questions in light of the General Data Protection Regulation (GDPR) and the general data privacy legal framework of the European Union (EU). The GDPR is a complex and evolving body of law that aims to deal with several technological and societal health data privacy problems, while safeguarding public health interests and addressing its internal gaps and uncertainties. The book answers a diverse range of questions including: What role can the GDPR play in regulating health surveillance and big (health) data analytics? Can it catch up with internet-age developments? Are the solutions to the challenges posed by big health data to be found in the law? Does the GDPR provide adequate tools and mechanisms to ensure public health objectives and the effective protection of privacy? How does the GDPR deal with data that concern children's health and academic research? By analysing a number of diverse questions concerning big health data under the GDPR from various perspectives, this book will appeal to those interested in privacy, data protection, big data, health sciences, information technology, the GDPR, EU and human rights law.

Banking regulation and the private law governing the bank-customer relationship came under the spotlight as a result of the global financial crisis of 2007-2009. More than a decade later UK, EU and international regulatory initiatives have transformed the structure, business practices, financing models and governance of the banking sector. This authoritative text offers an in-depth analysis of modern banking law and regulation, while providing an assessment of its effectiveness and normative underpinnings. Its main focus is on UK law and practice, but where necessary it delves into EU law and institutions, such as the European Banking Union and supervisory role of the European Central Bank. The book also covers the regulation of bank corporate governance and executive remuneration, the promises and perils of FinTech and RegTech, and the impact of Brexit on UK financial services. Although detailed, the text remains easy to read and reasonably short; pedagogic features such as a glossary of terms and practice questions for each chapter are intended to facilitate learning. It is a useful resource for students and scholars of banking law and regulation, as well as for regulators and other professionals who are interested in reading a precise and evaluative account of this evolving area of law.

This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be This book seeks to provide answers to everything you ever wanted to know about the law-except what the rules are or ought to be. For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the chasm between theory and practice, between the abstraction of law and its actual societal effects. Examining such issues as the limits of legal change and the capacity of law to act as a revolutionary agent, the essays in this book offer a well-rounded introduction to the relationship between law and society. By focusing on flashpoint issues in legal studies-equality, consciousness and ideology, social control--and making ample use of engaging case studies, The Law and Society Review provides an invaluable resource for scholars and students alike.

Principles of Law and Economics, Third Edition provides a comprehensive yet accessible guide to the field of law and economics. With its focus on principles, and use of illustrative examples, this is the ideal introduction for law students, with or without prior knowledge of economics. The textbook focuses largely on the economics of core areas in common law: property, contract and tort, with additional chapters on criminal law, procedural matters and family law. This updated third edition also includes a chapter on the economics of corporate law that addresses the key issues surrounding the nature of the firm and the incentives attached to corporate legal structures. Key features include:? Clear and succinct language used throughout with limited use of jargon or specialist terms An educational design which is accessible for use by students of law and economics alike? Economic analysis and legal principles treated in a self-contained manner for ease of reference? Legal cases summarized for the benefit of highlighting relevant economic issues ? A focus on the common law, including comparative references to civil law? Review questions at the end of each chapter to encourage further analysis and debate around key topics. The clear and non-technical approach to the subject matter makes this a perfect text for law students, or indeed for students in economics or business studies who are studying law and economics for the first time.

In Staging the Trials of Modernism, Dale Barleben explores the interactions among literature, cultural studies, and the law through detailed analyses of select British modern writers including Oscar Wilde, Joseph Conrad, Ford Madox Ford, and James Joyce. By tracing the relationships between the literature, authors, media, and judicial procedure of the time, Barleben illuminates the somewhat macabre element of modern British trial process, which still enacts and re-enacts itself throughout contemporary judicial systems of the British Commonwealth. Using little seen legal documents, like Ford's contempt trial decision, Staging the Trials of Modernism uncovers the conversations between the interior style of British Modern authors and the ways in which law began rethinking concepts like intent and the subconscious. Barleben's fresh insights offer a nuanced look into the ways in which law influences literary production.

This work is part of a series focusing on research into law and economics. It discusses a variety of topics in the field.

How globalized information networks can be used for strategic advantage.Until recently, globalization was viewed, on balance, as an inherently good thing that would benefit people and societies nearly everywhere. Now there is growing concern that some countries will use their position in globalized networks to gain undue influence over other societies through their dominance of information and financial networks, a concept known as 'weaponized interdependence'. In exploring the conditions under which China, Russia, and the United States might be expected to weaponize control of information and manipulate the global economy, the contributors to this volume challenge scholars and practitioners to think differently about foreign economic policy, national security, and statecraft for the twenty-first century. The book addresses such questions as: What areas of the global economy are most vulnerable to unilateral control of information and financial networks? How sustainable is the use of weaponized interdependence? What are the possible responses from targeted actors? And how sustainable is the open global economy if weaponized interdependence becomes a default tool for managing international relations?

Ilie Bădescu and Joseph Livni follow the footsteps of two giants who pioneered the field: H. H. Stahl of Romania, who studied the sociology of communal societies, and D. J. Elazar of the United States, who studied the political science of covenantal societies. This collection sheds light on obscure corners of the field, gathering up thoughts and concepts of many other sources of past and contemporary research in the field. In this volume, the reader will find answers to difficult questions like: How did acephalous societies penetrate civilization? How did they manage to preserve their egalitarian ethos? Why did powerful hierarchies work in partnership with them? And, most importantly, how did covenantal societies work around the constraints of a civilized reality? The history of civilization consists of various degrees of stratified configurations ranging from oligarchic city states to powerful pyramidal empires.

Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Book I: Of the Rights of People Volume Editor: David Lemmings Book II: Of the Rights of Things Volume Editor: Simon Stern Book III: Of Private Wrongs Volume Editor: Thomas P. Gallanis Book IV: Of Public Wrongs Volume Editor: Ruth Paley

Habermas' recent work makes a major claim, that is to be able to determine what is the most rational thing to do. Postmodernists, notably Lyotard, have perhaps successfully belittled this claim as too positivistic. However it is difficult to see their work as offering more than sheer irrationality as the supposed alternative to Habermas. This book does not dispute the validity of the postmodern critique but it is concerned to resist the irrationality which, thus far, seems to coincide with anti-positivism. The concept utilized in this book is one of justice, a concept that the author uses to demonstrate the theories of both Habermas and Lyotard.

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

Imperial and Local Citizenship in the Long Second Century CE offers a radical new history of Roman citizenship in the long century before Caracalla's universal grant of citizenship in 212 CE. Earlier work portrayed the privileges of citizen status in this period as eroded by its wide diffusion. Building on recent scholarship that has revised downward estimates for the spread of citizenship, this work investigates the continuing significance of Roman citizenship in the domains of law, economics and culture. From the writing of wills to the swearing of oaths and crafting of marriage, Roman citizens conducted affairs using forms and language that were often distinct from the populations among which they resided. Attending closely to patterns at the level of province, region and city, this volume offers a new portrait of the early Roman empire: a world that sustained an exclusive regime of citizenship in a context of remarkable political and cultural integration.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.

This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: * Spatiotemporal * Sense * Body * Text * Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity. Chapter 21 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138956469_oachapter21.pdf

Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.

Democracies and Republics Between Past and Future focuses on the concepts of direct rule by the people in early and classical Athens and the tribunician negative power in early republican Rome - and through this lens explores current political issues in our society. This volume guides readers through the current constitutional systems in the Western world in an attempt to decipher the reasons and extent of the decline of the nexus between 'elections' and 'democracy'; it then turns its gaze to the past in search of some answers for the future, examining early and classical Athens and, finally, early republican Rome. In discussing Athens, it explores how an authentic 'power of the people' is more than voting and something rather different from representation, while the examples of Rome demonstrate - thanks to the paradigm of the so-called tribunician power - the importance of institutionalised mechanisms of dialogic conflict between competing powers. This book will be of primary interest to scholars of legal history, both recent and ancient, and to classicists, but also to the more general reader with an interest in politics and history.

In April 2007, the UKs Commercial Bar Association (COMBAR) held its annual meeting at the University of Richmond, Virginia. The timing of the meeting was designed to form part of the celebration of the 400th anniversary of the signing of the Virginia Charter and the founding of Jamestown. The conference took as its topic "The Rule of Law," and brought together lawyers from around the common law world, as well as some from outside, to debate the meaning and importance of this fundamentally important topic. Judges from the UK Court of Appeal and the UK House of Lords were present to take part, along with members of the US Supreme Court and the US Courts of Appeal, and representatives from around the globe as well as from many different spheres of activity. This book, which commemorates both the conference and the Virginia Charter, brings the learning and wisdom of the conference speakers to a wider audience. The book is published on behalf of the COMBAR, which represents UK barristers w

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

In keeping with the preceding book on the American Founders, this volume deals mostly with U.S. Presidents and their ideas in the 19th and 20th centuries, from Lincoln (along with his contemporaries Davis and Stevens), Theodore Roosevelt, and Wilson, to Franklin Roosevent, Lyndon Johnson, and Reagan. Part One centers on "Civil War and Reconstruction;" Part Two on "Progressivism and New Deal;'" and Part Three on "Toward Contemporary America." In all three, the overriding concern will be with "Legislative Perspectives of Sovereignty and State." In the mid-19th century, the main central imprints of Abraham Lincoln upon the Union, of Jefferson Davis upon the Confederacy, and of Thaddeus Stevens upon Reconstruction were manifested in ways crucial to this study. Throughout the 20th century, there was a long succession of Presidents whose chief slogans signaled the country's main agenda during their Administrations. Most prominent were Theodore Roosevelt's "Square Deal," and "New Nationalism," Woodrow Wilson's "New Freedom," Franklin Roosevelt's "New Deal," John Kennedy's "New Frontier," Lyndon Johnson's "Great Society," and Ronald Reagan's "Revolution" in government. In these cases, Presidential viewpoints on legislative sovereignty and the legislative state had great impact upon the nation as well as on Congress, notwithstanding the separation of powers. Certain contemporary points of view also loom large. Some emerging hopeful trends toward an American neo-Progressivism are considered, taking their lead from historical frameworks explored in the main body of the book.

In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.