Now in its second edition, Cybercrime: Key Issues and Debates provides a valuable overview of this fast-paced and growing area of law. As technology develops and internet-enabled devices become ever more prevalent, new opportunities exist for that technology to be exploited by criminals. One result of this is that cybercrime is increasingly recognised as a distinct branch of criminal law. The book offers readers a thematic and critical overview of cybercrime, introducing the key principles and clearly showing the connections between topics as well as highlighting areas subject to debate. Written with an emphasis on the law in the UK but considering in detail the Council of Europe's important Convention on Cybercrime, this text also covers the jurisdictional aspects of cybercrime in international law. Themes discussed include crimes against computers, property, offensive content, and offences against the person, and, new to this edition, cybercrime investigation. Clear, concise and critical, this book is designed for students studying cybercrime for the first time, enabling them to get to grips with an area of rapid change.

A: Einfuhrung.- 1 Sozialrecht und Sozialleistungstrager.- 1.1 Arzt und Sozialrecht.- 1.2 Das Sozialrecht im Gefuge der Rechtsordnung.- 1.3 Sozialrechtsbereiche, Sozialleistungstrager.- 1.4 Nahtlosigkeit der Sozialleistungen.- B: Allgemeiner Teil.- 2 Sozialrechtliche Grundbegriffe.- 2.1 Versicherungsfall, Leistungsfall.- 2.2 Krankheit und verwandte Begriffe.- 2.3 Behinderung.- 2.4 Arbeitsunfahigkeit.- 2.5 Dienstunfahigkeit.- 2.6 Erwerbsunfahigkeit.- 2.7 Berufsunfahigkeit.- 2.8 Teilweise und volle Erwerbsminderung.- 2.9 Hilflosigkeit, Pflegebedurftigkeit.- 2.10 Unfall.- 2.11 Minderung der Erwerbsfahigkeit (MdE, GdB).- 2.12 Vorschaden, Parallelschaden, Nachschaden.- 2.13 Arbeitslosigkeit, Verfugbarkeit.- 2.14 Rehabilitation und Teilhabe Behinderter.- 3 Ursachlicher Zusammenhang.- 3.1 Ursachlicher Zusammenhang: Allgemeines.- 3.2 Sozialrechtlichen Kausalitatslehre: Wesentliche Bedingung.- 3.3 Sozialrechtlichen Kausalitatslehre: Konkurrierende Kausalitat.- 3.4 Einheitlichkeit der Zusammenhangsbeurteilung.- 3.5 Bezugszeitpunkt der Zusammenhangsbeurteilung.- 3.6 Beweisanforderungen und Beweislast.- 3.7 Schadensanlage und anlagebedingte Leiden.- 3.8 Gelegenheitsursache.- 3.9 Verursachung iS der Entstehung und der Verschlimmerung.- 3.10 Mittelbarer Schaden.- 3.11 Abschliessende Beurteilung des ursachlichen Zusammenhangs.- 3.12 Schemata fur die sozialmedizinische Beurteilung.- 3.13 Sonderfalle des Kausalitatsrechts.- C: Besonderer Teil.- 4 Materielles Sozialrecht.- 4.1 Sozialgesetzbuch I (SGB I).- 4.2 Ausbildungsfoerderung (BAFoeG).- 4.3 Arbeitsfoerderung und Arbeitslosenversicherung (SGB III).- 4.4 Sozialgesetzbuch IV: Gemeinsame Vorschriften fur die Sozialversicherung (SGB IV).- 4.5 Gesetzliche Krankenversicherung (SGB V).- 4.6 Gesetzliche Rentenversicherung (SGB VI).- 4.7 Gesetzliche Unfallversicherung (SGB VII).- 4.8 Kinder- und Jugendhilferecht (SGB VIII).- 4.9 Rehabilitation und Teilhabe von Behinderten (SGB IX).- 4.10 Schwerbehindertenrecht ( 68 ff SGB IX).- 4.11 Gesetzliche Pflegeversicherung (SGB XI).- 4.12 Kindergeld; Erziehungsgeld und Elternzeit (Erziehungsurlaub); Mutterschaftsgeld.- 4.13 Soziales Entschadigungsrecht.- 4.14 Sozialhilferecht (BSHG).- 4.15 Bedarfsorientierte Grundsicherung im Alter und bei Erwerbsminderung (GSiG).- 5 Verfahrensrecht.- 5.1 Allgemeines.- 5.2 Zivilprozess (ZPO).- 5.3 Strafprozess (StPO).- 5.4 Verwaltungsverfahren (SGB X).- 5.5 Sozialgerichtliches Verfahren (SGG).- D: Sozialmedizinische Begutachtung.- 6 Atteste, Befundberichte.- 1.1 AErztliche Bescheinigungen, privatarztliche Stellungnahmen.- 1.2 Befundberichte.- 1.3 Privatgutachten.- 7 AErztliche Sachverstandigengutachten.- 7.1 Gutachten im Verwaltungsverfahren der Sozialleistungstrager.- 7.2 Das Sachverstandigengutachten im sozialgerichtlichen Verfahren.- 7.3 Rechte und Pflichten des arztlichen Sach- verstandigen.- 8 Rechtliche Aspekte zur Begutachtung einzelner spezieller Rechtsfragen.- 8.1 Aspekte zum Krankheitsbegriff.- 8.2 Aspekte zum Unfallbegriff.- 8.3 Aspekte zur Beurteilung des ursachlichen Zusammenhangs.- 8.4 Aspekte zur medizinischen Rehabilitation.- 8.5 Aspekte zur Arbeitslosenversicherung.- 8.6 Aspekte zur gesetzlichen Krankenversicherung.- 8.7 Aspekte zur gesetzlichen Pflegeversicherung.- 8.8 Aspekte zur gesetzlichen Rentenversicherung.- 8.9 Aspekte zur gesetzlichen Unfallversicherung.- 8.10 Aspekte zum sozialen Entschadigungsrecht.- 8.11 Aspekte zum Schwerbehindertenrecht.- 8.12 Aspekte zur Neufeststellung und Rucknahme von Verwaltungsakten.

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime - largely tackled by recent literature - it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation - based on automated processes (often using machine learning) - and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of 'predictive justice' in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of 'prediction' in criminal proceedings.

This volume brings together an interdisciplinary group of scholars from the United States, the Middle East, and North Africa, to discuss and critically analyze the intersection of gender and human rights laws as applied to individuals of Arab descent. It seeks to raise consciousness at the intersection of gender, identity, and human rights as it relates to Arabs at home and throughout the diaspora. The context of revolution and the destabilizing impact of armed conflicts in the region are used to critique and examine the utility of human rights law to address contemporary human rights issues through extralegal strategies. To this end, the volume seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives related to gender and masculinities theories. It provides readers with new ways of understanding gender and human rights and proposes forward-looking solutions to implementing human rights norms. The goal of this book is to use the context of Arabs at home and throughout the diaspora to critique and examine the utility of human rights norms and laws to diminish human suffering with the goal of transforming the structural, social, and cultural conditions that impede access to human rights. This book will be of interest to a diverse audience of scholars, students, public policy researchers, lawyers and the educated public interested in the fields of human rights law, international studies, gender politics, migration and diaspora, and Middle East and North African politics.

Digital and social media companies such as Apple, Google, and Facebook grip the globe with market, civic, and political strength akin to large, sovereign states. Yet, these corporations are private entities. How should states and communities protect the individual rights of their citizens - or their national and local interests - while keeping pace with globalized digital companies? This scholarly compendium examines regulatory solutions which encourage content diversity and protect fundamental rights. The volume compares European and US regulatory approaches, including closer focus on topics such as privacy, copyright, and freedom of expression. Further, we propose pedagogical models for educating students on possible regulatory regimes of the future. Our final chapter invites readers to consider social and digital media regulation for both this generation and the ones to come. Chapter(s) "Introduction: New Paradigms of Media Regulation in a Transatlantic Perspective", "From News Diversity to News Quality: New Media Regulation Theoretical Issues" and "The Stakes and Threats of the Convergence Between Media and Telecommunication Industries" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

From colonial times to the present, an insightful examination of how courts have determined the extent to which religion is accommodated in American public life. From the internationally renowned Scopes "Monkey Trial" of 1925, which pitted a public school teacher arrested for teaching evolution against the state of Tennessee, Religion on Trial chronicles key court cases that have shaped the tumultuous relationship between church and state throughout U.S. history. This volume chronicles such groundbreaking cases as the 1991 decision ordering blood transfusions for children of Christian Scientists in Norwood Hospital v. Munoz and the infamous case, Engel v. Vitale, that banned prayer in schools and ignited calls for Chief Justice Earl Warren's impeachment. The work addresses such inflammatory contemporary disputes as prayer in schools, allegiance to the flag, and the display of religious symbols on public property, and the impact they have had on American society. A-Z entries cover people, laws, events, and concepts that have shaped the legal debate over religion in the United States A chronology begins in colonial times and extends through the present, with a special focus on important court cases of the 20th century

The book provides a detailed overview and analysis of important EU Internet regulatory challenges currently found in various key fields of law directly linked to the Internet such as information technology, consumer protection, personal data, e-commerce and copyright law. In addition, it aims to shed light on the content and importance of various pending legislative proposals in these fields, and of the Court of Justice of the European Union's recent case law in connection with solving the different problems encountered. The book focuses on challenging legal questions that have not been sufficiently analyzed, while also presenting original thinking in connection with the regulation of emerging legal questions. As such, it offers an excellent reference tool for researchers, policymakers, judges, practitioners and law students with a special interest in EU Internet law and regulation.

Three years ago, the first Liquid Legal book compelled the legal profession to reassess its identity and to aspire to become a strategic partner for corporate executives as well as for clients. It also led to the foundation of the Liquid Legal Institute (LLI) - an association that sparks innovation and drives collaboration in the legal industry. This second Liquid Legal book builds on the LLI's progress and on the lessons learned by a legal community that has moved beyond focusing purely on LegalTech. It not only presents an outlook on how legal professionals will operate in the future, but also allows readers to develop a genuine understanding of the value of digitalization, standardization and new methodologies. Further, the book outlines a Common Legal Platform (CLP) and makes it the common point of departure for every author, offering inspiring insights from a wide range of forward-thinking experts who are all invested in driving new thinking within the legal ecosystem. The book also features "Liquid Legal Waves," which provide links between the various articles, connecting concrete ideas, practical solutions and specific topics and putting them into perspective, and so creating a true network of ideas for readers. A must read, this book is vibrant proof of the power of sharing, collaboration and coopetition, helping the legal profession to shape its digital future and revitalize its relevance while retaining a focus on the human lawyer.

This research book is the first of its kind to conduct an interdisciplinary research on the recent and dramatic developments in China's music industries with a particular focus on business models, copyright protection, and artist compensation. The monograph explores and discusses proper business models through which revenue can be generated and maintained in a changing copyright climate and transforming business environment. It also discusses how musicians can be fairly compensated in the online platform economy informed by social entrepreneurship. This book is distinctive in the sense that it explores the intersection of cultural and creative industries, legal studies, business studies, and new media. It uses a qualitative and mixed-method approach to study business innovations and institutions in the making in the second largest economy which is also gaining cultural and political significance around the world.

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years.

Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid.

Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds.

This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy.

"This book is motivated, to a large extent, by some recent troubling developments in public discourse, namely the developments in information, misinformation and disinformation practices. From the beginning of history, various and diverse means or channels of communication have been used to inform, misinform (unintentionally) and disinform (deliberately). However, in recent decades, the emergence and development of new information and communications technologies (ICT), combined with the ever-increasing digitalisation and globalisation of almost every aspect of modern life, among others, have opened up new and uncharted avenues to that end. This book therefore focuses on disinformation practices occurring with the help of digital media as these practices bring to the fore profound negative ramifications for the functioning of a democratic polity. " - from the Introduction by the editors "It would be pleasant to think that democracies will always wake up to their threats - internal and external - and heal themselves in good time before it is too late. [...] Yet, it is not too late to find public policy solutions which can restore information technologies to their original role of facilitators of democracy rather than their undertakers. But the timeframe is closing and we need these solutions sooner rather than later. This is why the present volume of expert analyses bringing together many academics arrives at just the right time. It aspires to deepen our understanding of the dangers of fake news and disinformation, but also charts well informed and realistic ways ahead. To my mind, it is certainly one of the most comprehensive and useful studies of this topic to date and I recommend it to the general reader as much as to the policy-maker as a reliable guide and mentor." - from the Foreword by Prof. Dr. Jamie Shea, Vesalius College, Brussels

Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.

With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790.

The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics ("governance of algorithms"). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.

Founded in 1981, the Cardozo Arts & Entertainment Law Journal is one of the first student-edited entertainment law journals in the United States. Over the course of the years, it has grown to be one of the most widely-subscribed journals in the field. To celebrate the 20th anniversary of the Journal, this volume collects some of the most widely-cited articles published in the past 20 years, as well as distinguished intellectual property lectures sponsored by the Benjamin N. Cardozo School of Law, Yeshiva University. Contributors to this volume include leading commentators in the field of intellectual property, art, and communications law, as well as eminent jurists and former government officials from the U.S. Copyright Office and the U.S. Patent and Trademark Office.

This book outlines the legal powers of a major Western nation - Australia - to collect and use location information. Mobile service and social media service providers now have the ability to track, record and store more precise location information. Unlike 4G, 5G mobile communications require that cell towers and antennas be in much closer proximity; as a result, the location data can reveal more personal and sensitive information about individual citizens. Despite this aspect, service providers are required to disclose the data to the authorities, without the need for a judicial warrant. This book was written from the perspective of big location data software analytics, a capability that makes it possible to combine various location data points to create a profile on a given individual's movements, habits, and political, religious and ideological orientation. In this regard, privacy is poorly protected. The rationale used to justify the powers was enforcing serious crimes - terrorism offences. Location data can now be retained for at least two years and be collected to investigate even minor offences. This can be done without the person being reasonably suspected of a criminal offence - when the individual is simply determined to be a person of interest. This poses legal risks to vulnerable communities. And yet, such investigative techniques are deemed lawful and reasonable. At a time when national security is so broadly defined to include economic issues, which in turn overlap with climate change and environmental protection, these legal powers should be reassessed. The book clarifies the complex rules that every citizen must know in order to have agency. Further, it calls upon authorities to reflect and to self-regulate, by making the conscious decision to surrender some of their powers to review by the independent judiciary. Without the requirement for a judicial warrant or judicial review, the powers are unfairly broad. The book pursues an interdisciplinary approach to assess the functionality of mobile telecommunications in direct relation to law enforcement powers and existing judicial precedents. Further, it offers a unifying techno-legal perspective on a complex issue touching on modern privacy law and communications technologies.

This book offers a new perspective on advance directives through a combined legal, ethical and philosophical inquiry. In addition to making a significant and novel theoretical contribution to the field, the book has an interdisciplinary and international appeal. The book will help academics, healthcare professionals, legal practitioners and the educated reader to understand the challenges of creating and implementing advance directives, anticipate clinical realities, and preparing advance directives that reflect a higher degree of assurance in terms of implementation.

This book provides a comprehensive overview of the development of educational policies and legislation in China, particularly following the introduction of Reform and Opening Up in 1978. The scope of this book: (1) provides the theoretical basis and framework of educational policies; (2) explains key educational laws and legislation; and (3) introduces readers to policies for educational internationalization, private education, lifelong learning and teacher education. The book is intended for researchers, teachers and graduate students in the field of comparative education, educational policy and legislation, educational management. Readers will find essential information on the most important educational laws and legislation, as well as the recent characteristics of and trends in educational policies in China.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of the global digital economy. The impact of artificial intelligence (AI) not only on law but also on economics is examined. In the first part, the economics of AI are explored, including topics such as e-globalization and digital economy, corporate governance, risk management, and risk development, followed by a quantitative econometric analysis which utilizes regressions stipulating the scale of the impact. In the second part, the author presents the law of AI, covering topics such as the law of electronic technology, legal issues, AI and intellectual property rights, and legalizing AI. Case studies from different countries are presented, as well as a specific analysis of international law and common law. This book is a must-read for scholars and students of law, economics, and business, as well as policy-makers and practitioners, interested in a better understanding of legal and economic aspects and issues of AI and how to deal with them.

In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.