This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan's Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.

This collection of essays brings together the author's work on th growth of administrative monarchy in Angevin England, concentrating upon the personnnel of royal government and especially upon the common law courts. It describes the institutions of the English common law during its formative period, including the growth of the jury and of the two central courts, Common Pleas at Westminster and the court following the king, later King's Bench. Another group of essays illustrate the justices' handling of cases coming before the law courts, examining please that touched the king's interest. After a discussion of the authorship of England's first great lawbook, Glanvill, other essays examine the justices, their level of literacy, the conflicts facing the clerics among them in hearing secular cases, and the hostility that they aroused as 'new men' in the king's service from conservative elements in society.

This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union's Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health

American trade policy is a crucial subject to not only the United States but also foreign countries. Free trade has been a long-standing U.S. policy position, playing the lead role in the international free trade framework and contributing to this framework through multilateral trade negotiations. As both trade deficits and fiscal deficits steadily increased during the 1980s in the U.S., free trade has not stood without its share of suffering. Chung investigates American trade policy from the perspectives of U.S. trade laws and international trade agreements by outlining the primary trade laws of the past; considering the trade laws of the present; and delving into various trade agreements, disputes, and reforms. Looking to the future, Chung offers a unique argument for the enforcement of trade remedy laws and the reform of the international trade framework. The Political Economy of International Trade is certain to be of interest to academics, policymakers, trade industry practitioners, and politicians in the United States as well as around the world.

In this book feminist scholars from a range of areas including international law, rights, citizenship, queer theory, constitutional law and migration studies bring fresh perspectives to gender and human rights. By relating women's international human rights to broader debates about feminism, rights and international society, this collection of essays both provides a sophisticated introduction to gender and human rights and offers a variety of fresh theoretical perspectives and methods.

This Chatham House Paper, first published in 1982, examines the problem of extraterritoriality. A wide range of economic activity is subject to the laws of more than one state, yet there is little provision for resolving situations where states impose contradictory requirements. This paper is particularly concerned with four areas of difficulty: extraterritorial anti-trust enforcement; overlapping regulatory claims; economic regulation for political aims; and different approaches to adjudication.

The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrinedthe jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one ofthe traditional and essential rights of all free men. Judgment by an "impartial jury" would henceforth put citizen panels at thevery heart of the American legal order. And yet at the dawn of the twenty-first century, juries resolve just two percent of the nation'slegal cases and critics warn that the jury is "vanishing" from both the criminal and civil courts. The jury's critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury's defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is "good and true" and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and sogo to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trialsfor what they can tell us about what a jury is, and about the fate of republican government in America today.

Originating in the June 1998 joint conference of the United Kingdom Association for European Law (UKAEL) and the University Association for Contemporary Studies (UACES) and edited by David O'Keeffe and Patrick Twomey, this book brings together a collection of essays that offer critical insights into the institutional and substantive changes to the European Community and Union resulting from the Treaty of Amsterdam. With a preface by Lord Slynn of Hadley, the collection includes essays based on the conference presentations of Joseph Weiler, Anthony Arnull, Alan Dashwood, Franklin Dehousse, Hans Ulrich Jessurun d'Oliveira and Laurens Jan Brinkhorst and some twenty, other essays offering the reflections and criticisms of leading academics in the field as well as the unique insights of contributors working within the Community institutions.

This book examines important social movements in Hong Kong from the perspectives of historical and cultural studies. Conventionally regarded as one of the most politically stable cities in Asia, Hong Kong has yet witnessed many demonstrations and struggles against the colonial and post-colonial governments during the past one hundred years. Many of these movements were brought about in the name of justice and unfolded against the context of global unrest. Focusing on the local developments yet mindful of the international backdrop, this volume explores the imaginaries of law and order that these movements engendered, revealing a complex interplay among evolving notions of justice, governance, law and order and cultural creations throughout the under-explored history of instability in Hong Kong. Underscoring the apparently contrasting discourses on the relationship among the rule of law, law and order and social movements in Hong Kong, the contributors emphasise the need to re-examine the conventional juxtaposition of the law and civil unrest. Readers who have an interest in Asian studies, socio-political studies, legal studies, cultural studies and history would welcome this volume of unique interdisciplinarity.

This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

What rights, if any, do fat people have? If a child is obese, are the parents legally responsible? Can employers treat overweight employees as different, or disabled? Should fat people be protected by disability laws? Cases of illegal hiring practices, workplace prejudice, harassment, unfair treatment, medical malpractice, and denial of public access are being filed in increasing numbers as the nation continues to obsess over, and misunderstand, weight.
Two events in 1998-the controversial felony prosecution of a mother whose child died of obesity-related complications, and the National Institutes of Health declaration of a national weight standard-forced the weight debate to a new level of public awareness.
Very little literature on the law and weight exists, so each new case is a potential precedent-setter. Tipping the Scales of Justice presents actual cases and the stories behind the legal arguments, showing for the first time the varied and surprising ways that fat has become a courtroom topic.
An attorney who focuses on weight-related cases, Sondra Solovay details court attitudes toward weight in relation to employment and discrimination law, child/family law, disability law, civil rights, minorities, public policy, diets and exercise, and much more, while intermingling a personal narrative on major cases and their outcomes. This fascinating book will be essential for law courses and libraries, as well as a one-of-a-kind perspective for anyone concerned about weight as a legal issue.

Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.

Ius commune is the amalgamation of Roman and canon laws on the continent. Helmholz addresses the ius commune's relation to and influence on English law. He begins by observing that there were many overlapping areas between English institutions. Through four studies (the law of sanctuary, the law of compurgation, mortuaries and the law of custom, and civil jurisdiction and the clergy), he draws out the coincidences between English law and the ius commune and shows where they developed parallel bodies of doctrine. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.

The rule of law, peace, disarmament, human rights: these are no longer words, but legal concepts steadily gaining force among nations. If the slow but sure codification of international law that began with the first Geneva Convention of 1864 has put down roots, against all odds, it is because of the passionate determination of a few visionary but practical actors on the world's stage. Pre-eminent among these "workers in the dawn" was the Russian jurist, diplomat and arbitrator F.F. Martens (1845-1909). Although Marten's reputation suffered during the Soviet era and on both sides of the Cold War, the lasting effect of his ideas and initiatives can be traced all the way from his early years as a Law Professor at Petersburg University (when his writing attracted the attention of the Czar), through his direct participation in the great Peace Conferences at Brussels and The Hague, to the legal underpinnings of the human rights regime embodied in today's international conventions and tribunals. His sense of community and the individual in a global context - a difficult notion for lawyers to grasp in a world of competing nation-states - has now become a widely-accepted norm with increasingly effective enforcement mechanisms. And even his contributions to procedural theory, in areas such as extradition of political criminals and transnational enforcement of administrative law, persist in coming to the forefront of today's international legal practice. This English translation of Martens' biography is the most complete text, as the Russian author, at the translator's request, took the opportunity to revise his original work and supplied two chapters missing from the original Russian edition of 1993 and subsequent editions and translations. Pustogarov was among the first scholars to gain access to the Archive of the Foreign Policy of Russia, and his biography of Martens contains hitherto unavailable information on the more-or-less secret political manoeuvres of the "Great Powers" in Martens' time.

After thirty years of Mao era (1949-1979) which was struggle-based, the Communist Party of China has begun to change its position as a pioneering revolutionary party, evolving into a universal ruling party that transcends class interests. Meanwhile, administrative and judicial reforms oriented toward a more efficient, serving government and the rule of law have been actively carried out. As the earliest work on constructive jurisprudence of new proceduralism in China, this book elaborates on the ideological confrontation on the "direction of China". It includes academic debates on politics and law which the author has been involved in, and top-level institutional design in China. Besides, this book introduces, analyzes and evaluates the focus of Chinese contemporary jurisprudence, making some critical summarizing propositions on the practical experiences. A review of Western contemporary jurisprudence and the forefront of legal research is also covered, aiming to provide ideological resources for the rule of law in China. Scholars and students in Chinese legal and social transformation studies will be attracted by this book. Furthermore, it will help different civilizations conduct rational dialogues on justice and order.

The book analyzes various aspects and examples of public administration discretionary power within the processes of law application. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration's reasoning. The authors evaluate the complexity of forms and procedures for control of decision latitude that is exercised by the public administration and the society.

Globalization and its relationship to public governance is one of the key issues of our time. In this book, experts from a number of disciplines attempt to define what these two terms mean and, perhaps even more importantly, what they do not. Taking as a starting point that globalization is neither the take-over of political power by multi-national 'stateless' enterprises, nor the chaotic unstructured process of dissolution of public order, the contributors suggest that what is occurring is more institutionalized than many critics would admit. It is argued that there are important transnational and supra-national elements of a new public order, which remain beyond the traditional borders of the state, but not completely beyond the state as such. Globalization, as opposed to former developments in the internationalization of the economy, is characterized by its transnational form, i.e. it is based on exchange processes which, to a greater or lesser degree, bypass both the state and the traditional international character of the world economy of the past.

Corporate governance has become an important issue in all industrial economies. It relates to the internal organization and power structure of the firm, the functioning of the board of directors both in the one-tier and the two-tier system, the ownership structure of the firm, and the interrelationships among management, board, shareholders and possibly stakeholders, in particular the workforce of the enterprise and the creditors. These interrelationships include monitoring of the management by the board and external supervisors, and shareholders activism. This book has grown out of a conference entitled "Comparative Corporate Governance, An International Conference, United States - Japan - Western Europe" which was held in Brussels on 14 June 1995. It was organized by the Financial Law Institute of the University of Ghent, and the Study Centre on Groups of Enterprises in Brussels under the scientific direction of Eddy Wymeersch. The book contains the contributions by the speakers in an enlarged and updated form together with source material and references. The editors have collected a selection of 18 documents on corporate governance from seven countries (United Kingdom, USA, Canada, France, Germany, the Netherlands and Belgium). These documents date from the 1990s, most of them from 1995 and 1996, and are to be made available more easily to business and academia in other countries than the one in which they have been elaborated. They offer a wealth of data, insights, self-regulatory experiences and legislative proposals which show that, despite all the national deep-rooted differences, the core problems are very similar indeed.

The Law of the United States offers an introduction and overview of the American legal system. With an emphasis throughout on up-to-date case law and current literature, it is an ideal first point of entry for students and practitioners alike, and a starting point for further independent research. Professor Hay provides a concise and straightforward explanation of the law and legal vocabulary, as well as an introduction to the different types of law and legal techniques. He explains the role of Congress, the Executive and the Courts, and clarifies the mechanisms behind the branches of public and private law in the United States. He introduces the reader to the complexities of federal and state law, emphasizing that the many areas of public law and virtually all areas of private law are the separate law of the 50 States, the District of Columbia, and the (U.S.-dependent) Territories in which common language, legal tradition, and culture have served to bring about a basic legal unity. Several private law areas (contract law, torts, family law, succession) receive detailed treatment, as do criminal law and procedure. The book provides detailed references to legislation, case law, and the literature, up-to-date through early 2016. Four appendices present a detailed case study with commentary to aid the civil law reader in understanding of the case law system; the text of the U.S. Constitution (referred to in several contexts throughout the book); a geographic map of the U.S. federal court system; and information on the Legal Profession in the United States.

What would become of the criminal trial if we removed the jury from its midst? This is precisely what occurred in Northern Ireland in 1973, after a Commission chaired by Lord Diplock had recommended that cases connected with the `troubles' should be tried by judge alone. The Diplock Courts have been a controversial feature of Northern Ireland's response to political violence, but there has been little analysis of how the withdrawal of the jury has affected the administration of criminal justice. In this original and scholarly study, the authors assess the impact of Diplock Courts and consider the broader implications of the withdrawal of jury for the administration of criminal justice.

This project, originally developed for the European Community, examines parental roles in controlling television programs watched by children in Europe. The structure of the study includes:
*an analysis of the technical devices available to assist in parental control of television broadcasting services, including descriptions of devices, their cost, availability, and the infrastructure needed to introduce them;
*a corresponding analysis of potential ratings or labeling systems to work in conjunction with or in the place of technical devices, enabling a comparative analysis of rating systems used in film, video, and online services; and
*an overview and assessment of the educational and awareness measures in the field of protection of minors and harmful content, providing the data for the review of available considerations in this field of viewer literacy.
In addition to these main strands of analysis, the study provides for background information and analysis in the following areas:
*an overview of the main media theories focusing on the effect and impact of specific types of content on children and their behavior;
*an assessment of the economic impact and social efficacy of different protective measures; and
*a comparison of the regulatory contexts and rating systems for film, video, television, and online services concerning the protection of minors from harmful content.
This volume is intended for scholars and students in comparative media studies, media policy, and regulation.

First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.

Cocaine Hoppers provides empirical evidence to explain the involvement of Nigerians in the global cocaine trade. Investigating the criminogenic environment created by the Nigerian 'state crisis,' Oboh traces the geographic, demographic, economic, historical, political, and cultural factors enhancing cocaine culture in Nigeria. Based on years of research, Oboh reveals this social network that relies on "reverse social capital" wherein wealth and power are achieved through illegal means solely to benefit the individual. This lively, theoretically grounded study examines the new trend of traffickers dominating the illicit cocaine trade through West Africa to destinations across the globe to provide an account of Nigerian involvement in international drug trafficking as it has never been divulged before. This book will be appreciated by criminologists, social scientists, policymakers, drug researchers and organized crime scholars. And eagerly be read by those interested in Nigeria, and problems of African immigrants, and in the international drug trafficking.

First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.