This book explores the nature of the music industries before and after the digital revolution from the point of view of the consumer. Opening an essential interdisciplinary dialogue across music studies, business, and law, it applies business model literature to antitrust law offering a comprehensive history of encounters between the music industry and antitrust and regulatory authorities in the US, UK, and EU. Considering the historically consolidated environment of the music industries, and their rapidly evolving business models in the 21st century, the author argues that there is a need for updated competition design to promote consumer welfare and competition in these markets.

Unique in its use of literature from Dutch, French, and German sources. No other comparable textbook on legal method/ legal science. Interdisciplinary; useful also for those looking to understand the philosophy of science.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers.

These new editions will provide you with the skills you need for your exams by:

• Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject
• Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria
• Offering pointers on how to gain marks, as well as what common errors could lose them: Aim Higher and Common Pitfalls offer crucial guidance throughout
• Helping you to understand and remember the law diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured

Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

This handbook explores the dynamic new field of Environmental Restorative Justice. Authors from diverse disciplines discuss how principles and practices of restorative justice can be used to address the threats and harms facing the environment today. The book covers a wide variety of subjects, from theoretical discussions about how to incorporate the voice of future generations, nature, and more-than-human animals and plants in processes of justice and repair, through to detailed descriptions of actual practices of Environmental Restorative Justice. The case studies explored in the volume are situated in a wide range of countries and in the context of varied forms of environmental harm - from small local pollution incidents, to endemic ongoing issues such as wildlife poaching, to cataclysmic environmental catastrophes resulting in cascades of harm to entire ecosystems. Throughout, it reveals how the relational and caring character of a restorative ethos can be conducive to finding solutions to problems through sharing stories, listening, healing, and holding people and organisations accountable for prevention and repairing of harm. It speaks to scholars in Criminology, Sociology, Law, and Environmental Justice and to practitioners, policy-makers, think-tanks and activists interested in the environment.

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

This book ties restorative justice into the exercise of patriarchal power. It is focused on the individual narratives of 15 girls and young women who have participated in a victim-offender restorative justice (RJ) conference and the perspectives of youth justice practitioners. Gender, Power and Restorative Justice expands feminist engagement with RJ by focusing critical attention on the importance of the social construction of gender, the exercise of power, shame, stigma, muting and resistance to girls' experiences of RJ conferencing. Drawing upon recent developments to the sociology of stigma and feminist perspectives on shame, the book contends that RJ conferencing can produce harmful implications for girls and young women who participate. Ultimately it is argued that anti-carceral, social policy alternatives, underpinned by feminist praxis, should replace a youth justice jurisprudence for girls. This book will be of particular use and interest to those studying modules on criminology, youth justice, criminal justice and social work courses.

This book considers the manner in which the making and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions. The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari, and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract. In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operacion Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include: - The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism; - The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating; - The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law; - The increasing use of new and alternative methods of guilt, proof and ultra-legal detection.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

Provides a tightly structured introduction to this complex topic, supported by well chosen case studies from a variety of jurisdictions. Appropriate for law students looking to practice contract law in a transnational environment.

This updated edition includes a new afterword that identifies the role the Buck story plays in the Supreme Court's review of emerging state laws that seek to limit access to abortion. "Three generations of imbeciles are enough." Few lines from U.S. Supreme Court opinions are as memorable as this declaration by Justice Oliver Wendell Holmes Jr. in the landmark 1927 case Buck v. Bell. The ruling allowed states to forcibly sterilize residents in order to prevent "feebleminded and socially inadequate" people from having children. It is the only time the Supreme Court endorsed surgery as a tool of government policy. Though Buck set the stage for more than sixty thousand involuntary sterilizations in the United States and was cited at the Nuremberg trials in defense of Nazi sterilization experiments, it has never been overturned. It has been more than a decade since Paul A. Lombardo's classic Three Generations, No Imbeciles first exposed the Buck case's fraudulent roots. During that time, several of the remaining twentieth-century eugenic sterilization statutes have finally been repealed, and reparations to sterilization survivors have been paid in two states. Discussion of the Buck case has once again engendered controversy in the courts. The Wisconsin Supreme Court invoked Buck most recently in a debate over the power of the state to enact restrictions on citizens and businesses during the COVID-19 crisis, and the US Supreme Court cited Three Generations, No Imbeciles in arguments over the newest state laws seeking to limit access to abortion. This updated edition collects and analyzes information related to events and trends discussed in the earlier volume and includes a completely new afterword, "Looking Back at Buck," that explains how the case remains a key feature of public discourse about disability, government power, and reproductive rights. It also presents restored copies of the letters of Carrie Buck and points readers to an online archive of legal documents, images, and other material relevant to the case. The book remains a key resource for law school faculties, legal and medical historians, and anyone with an interest in the history of reproduction in the United States. "Startling."-Reason "Compelling and well-researched . . . Three Generations, No Imbeciles gives Carrie Buck's long-untold story the attention it deserves."-Harvard Law Review "Three Generations provides valuable, new, and timely revelations for students and professional scholars across many disciplines."-Disability Studies Quarterly "Meticulously detailed and researched history . . . this book is enjoyable, thought provoking, and troubling in equal measure. I highly recommend it."-Psychiatric Services

Global Finance in the 21st Century: Stability and Sustainability in a Fragmenting World explains finance and its regulation after the global financial crisis. The book introduces non-finance scholars into the wider debate regarding the conduct and regulation of finance to encourage broader discussion on important societal issues that relate to finance. The book also explores the ineffectiveness of the current approach to global prudential governance and places this discussion within the more expansive context of global governance and nationalism in the twenty-first century. The book argues that fragmentation and the growing trend of promoting informality and voluntarism has facilitated a return to nationalism as a primary form of global governance that acts contrary to post-crisis reforms that seek to promote stability and sustainability in the conduct of finance. As a remedy, Kourabas suggests that we need more, not less, of what we have traditionally conceived as international law - treaties and treaty-based international organisations. In the field of finance, this means not only pursuing financial liberalisation through free trade and investment treaties, but also the inclusion of provisions in these treaties that promotes systemic financial stability and sustainable development objectives. Of interest to legal and non-legal academics and students, legal professionals and policy-makers, this book offers a nuanced defence of international law as an approach to global governance in finance and beyond, as well as reform of international law to meet the needs of twenty-first century society.

This book presents the universal issue of radioactive waste management from the perspective of the German legal system, analysing how lawmakers have responded to the problem of nuclear waste over the course of the last seventy years. In this book, Robert Rybski unwraps and explains the perplexing legal and social issues related to radioactive waste. He takes readers through the entire 'life-cycle': from the moment that radioactive material is classified as radioactive waste, through to the period of interim storage, and right up to its final disposal. However, this last step in radioactive waste management (that of final disposal) has not yet been achieved in Germany, or anywhere in the world, and has been the subject of hefty public debate for dozens of years. As a result, the book analyses the most recent regulations in place to enable final disposal. This book will be of interest to energy policy experts, academics and professionals who work in the area of nuclear energy.

- Content structured around the demands of the SQE1, with attention to new terminology and the emphasis on core principles and practical application. - Companion website includes test MCQs, plus guide to preparation for this type of assessment. - Glossary of case law summaries will allow the book to be used as a revision guide for LLB students.

Law and the Politics of Memory: Confronting the Past examines law s role as a tool of memory politics in the efforts of contemporary societies to work through the traumas of their past. Using the examples of French colonialism and Vichy, as well as addressing the politics of memory surrounding the Holocaust, communism and colonialism, this book provides a critical exploration of law s role in belated transitional justice contexts.

The book examines how and why law has become so central in processes in which the past is constituted as a series of injustices that need to be rectified and can allegedly be repaired. As such, it explores different legal modalities in processes of working through the past; addressing the implications of regulating history and memory through legal categories and legislative acts, whilst exploring how trials, restitution cases, and memory laws manage to fulfil such varied expectations as clarifying truth, rendering homage to memory and reconciling societies.

Legal scholars, historians and political scientists, especially those working with transitional justice, history and memory politics in particular, will find this book a stimulating exploration of the specificity of law as an instrument and forum of the politics of memory. "

A great resource both for new law students and for more established law students looking to develop their skills; The new author team have thoroughly revised the book, with a streamlined structure, new 'how to use this book' section and glossary of terms, and a host of additional tables, flowcharts, figures, charts, screenshots, outline boxes and online source links.

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume's ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author's conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

This book discusses Stuart Hall's unique contribution to criminology. It suggests that this is captured best in Hall's commitment to understanding a given historical moment, or conjuncture, in its full complexity, and his continuous deployment of an appropriate methodology, conjunctural analysis, to do so. This provides a running thread linking Hall's early work on youth subcultures, the media, the state and hegemony to his later work on racial identities, racism and the politics of difference. This is contrasted with more theoretically-driven work in cultural criminology. Its failure to adopt a conjunctural approach constitutes, for the author, something of a missed moment. To demonstrate the continuing relevance of this form of analysis, the book provides a conjunctural analysis of Brexit, including its psychosocial dimension and concludes with a brief analysis of Trump's failure to get re-elected. The book is intended for students of criminology and cultural studies.

This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.

The 1960s, in retrospect, may be chiefly remembered for the unprecedented constitutional developments it witnessed in countries emerging from colonial rule. Originally published in 1963, an examination of these constitutional developments from the authoritative pens of the previous Legal Adviser to the Colonial and Commonwealth Relations Offices, and the Legal Adviser to the Colonial Office at the time was, therefore, particularly timely - for no two men in human history can have had to draft so many constitutional instruments. One after another of these new constitutions had, moreover, included certain 'Fundamental Rights', so a discussion of this subject by a recognised academic authority, together with an examination by an ex-Chief Justice of Allahabad of the constitutional writs which have been so widely used in India to protect these rights, was particularly appropriate. An erudite examination of the origins of the famous phrase 'Justice, Equity and Good Conscience' by the Reader in Oriental Laws in the University of London, fittingly concludes the first half of this volume. Legal developments in these emergent countries, had, however, by no means been limited to the sphere of constitutional law. So the series continues with contributions on the legal profession in African territories, by a former President of the Law Society, and on the problems posed by Islamic law in that continent, by the Professor of Oriental Laws. Criminal Law is represented by a consideration of 'Liability under the Nigerian Criminal Code' by an ex-Chief Justice of the Western Region; matters economic and sociological by papers on 'Legal Development and Economic Growth in Africa' and 'Women's Status and Law Reform' by two experts in Africa law; and developments in Asia by an examination of recent legislation on family law in Pakistan, and of the sources of Chinese Law in Hong Kong, by other members of the staff of the School of Oriental and African Studies.

The European Sovereign Debt Crisis: Breaking the Vicious Circle between Sovereigns and Banks explains why the euro area's progress towards reining in the risks arising from the well-documented bi-directional financial contagion transmission mechanism that links sovereigns to commercial banks has been more prominent compared to the channel of contagion moving from banks to sovereigns. Providing an analysis of the legal and regulatory measures that Europe and the euro area have taken to mitigate the exposure of sovereigns to financial crises generated by commercial banks, this book draws attention to areas where improvements to the arsenal of tools hitherto introduced are either desirable or necessary. Chapters further explain - with recourse to economic and legal arguments - why the channel of contagion moving from sovereigns to commercial banks has proven harder to close, and explores ways in which progress could be made in the direction of closing it so as to avert the risk of future banking sector crises. This work provides essential reading for students, researchers and practitioners with an interest in sovereign debt crises and the euro-area banking system.

Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

Commonwealth Caribbean Law and Procedure: The Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the most important being that that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book. Also, the book: Examines how Article 214 RTC operates in the Caribbean context, how it interacts with other provisions of the RTC, and how it fits into the various national legal systems of the Member States of the CSME. Explores possible reasons why, so far, national courts of the Member States of the CSME have not made any referrals to the Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a comparative perspective; in particular, the book compares and contrasts it with Article 267 TFEU. Examines some of the aspects of Article 214 RTC in the light of public international law, bearing in mind that under Article 217(1) RTC, the CCJ is required, when exercising its original jurisdiction under Article 211 RTC, to "apply such rules of international law as may be applicable." This is to ensure that the CCJ will not bring in a finding of non liquet on the ground of silence or obscurity of CSME law, which Article 217(2) RTC expressly prohibits. This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, and governmental and non-governmental organizations from the Caribbean region.

The ideal of an inclusive and participatory Internet has been undermined by the rise of misogynistic abuse on social media platforms. However, limited progress has been made at national - and to an extent European - levels in addressing this issue. In England and Wales, the tackling of underlying causes of online abuse has been overlooked because the law focuses on punishment rather than measures to prevent such abuses. Furthermore, online abuse has a significant impact on its victims that is underestimated by policymakers. This volume critically analyses the legal provisions that are currently deployed to tackle forms of online misogyny, and focuses on three aspects; firstly, the phenomenon of social media abuse; secondly, the poor and disparate legal responses to social media abuses; and thirdly, the similar failings of hate crime to tackle problems of online gender-based abuses. This book advances a compelling argument for legal changes to the existing hate crime, and communications legislation.

This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.

This book brings together politics, law, financial services regulation, economics and housing policy in the analysis of mortgage lending and macroprudential policy in the UK and US.