The 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures.The Handbook begins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbook then looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil. A comprehensive and ground-breaking book of original scholarly research, the Handbook will be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic. Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M. Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista, J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. Watson

Scientific experiments and medical improvements in recent years have augmented our bodies, made them manipulable; our personal data have been downloaded, stored, sold, analyzed; and the pandemic has given new meaning to the idea of 'virtual presence'. Such phenomena are often thought to belong to the era of the 'posthuman', an era that both promises and threatens to redefine the notion of the human: what does it mean to be human? Can technological advances impact the way we define ourselves as a species? What will the future of humankind look like? These questions have gained urgency in recent years, and continue to preoccupy cultural and legal practitioners alike. How can the law respond and adapt to a world shaped by technology and AI? How can it ensure that technological developments remain inclusive, while simultaneously enforcing ethical limits to its reach? The volume explores how fictional texts, whether on the page or on screen, negotiate the legal dilemmas posed by the increasing infiltration of technology into modern life.

This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law's interventions. The book also engages with concerns about the 'surveillance society', for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law's relevance in giving institutional enforceability to ethics and principled design.

Human trafficking is widely considered to be the fastest growing branch of trafficking. As this important book reveals, it has moved rapidly up the agenda of states and international organisations since the early-1990s, not only because of this growth, but also as its implications for security and human rights have become clearer. This fascinating study by international experts provides original research findings on human trafficking, with particular reference to Europe, South-East Asia and Australia. A major focus is on why and how many states and organisations act in ways that undermine trafficked victims' rights, as part of 'quadruple victimisation'. It compares and contrasts policies and suggests which seem to work best and why. The contributors also advocate radical new approaches that most states and other formal organisations appear loath to introduce, for reasons that are explored in this unique book. This must-read book will appeal to policymakers as well as advanced undergraduate and postgraduate students in the fields of criminology, human rights law, gender studies, political science and international studies. Contributors: J. Debeljak, L. Holmes, S. Kneebone, Z. Lasocik, K. Leong, S. Milivojevic, S. Schwandner-Sievers, M. Segrave, O. Simic, S. Yea

Written for upper-level and graduate courses in School Law. Providing an all-inclusive treatment of the current status and evolution of the law governing public schools, this is the most comprehensive and well-documented school law text available. Public School Law: Teachers' and Students' Rights, Seventh Edition, addresses legal principles applicable to practitioners in a succinct but comprehensive manner. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. Information in this text will help alleviate concerns voiced by educators who either do not know the legal concepts that govern schools or feel that the scales of justice have been tipped against them. Primarily written for school administrators and teachers to learn the most important points of the cases and how the cases will impact their practices, this new edition covers a wider range of legal topics, takes a much more in-depth approach to discussing the cases presented, and cites many more current cases that are relevant to practitioners than any other school law textbook in comparison.

The maintenance of financial stability is a key objective of monetary policy, but the record of regulators in achieving this has been lamentable in recent years. This failure has been matched by an equivalent inability to establish an appropriate theoretical basis for financial regulation. In this book, the authors demonstrate how to enhance the theory, modeling and practice of such regulation. The main determinant of financial instability is the default of financial institutions. The authors highlight the importance of the appropriate incorporation of default into macro-financial models and its interaction with liquidity. Besides covering the historical development and current stance of financial regulation, the book includes a number of policy-oriented chapters revealing how the authors' modeling approach can improve the process. This authoritative book will serve as a basis for future work on financial stability management for both academics and policy makers and provide guidance on how to undertake crisis prevention and resolution.

Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work. Contributors: C. Archambeau, R. D'Erme, E. Derclaye, T. Dreier, S. Dusollier, G.E. Evans, C. Geiger, J. Griffiths, H. Grosse Ruse-Khan, C. Heinze, P.B. Hugenholtz, T. Jaeger, A. Kamperman Sanders, J. Krauss, A. Kur, R. Lutz, R. Matulionyte, L. McDonagh, A. Metzger, T. Mylly, J. Raynard, M. Ricolfi, J. Schovsbo, V. Scordamaglia, M. Senftleben, X. Seuba, U. Suthersanen, T. Takenaka, G. Van Overwalle, M. Vivant

Mark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.

This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.

This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.