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Week of May 16
Law of Raw Data by
Publication Date: 2021-08-23
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of 'the oil of the twenty-first century'. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association's specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country's rules concerning specific forms of data - such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data - are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Law's Infamy by
Publication Date: 2021-12-21
An analysis of how problematic laws ought to be framed and considered From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be--whether Dred Scott v. Sanford or Plessy v. Ferguson--the stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law's complicity in evil.
Climate Change Litigation by
Publication Date: 2021-04-08
This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). In particular, it addresses the issue of "climate protection by courts". It gives an overview of important jurisdictions in the field of climate change litigation, including the US, Canada, Australia, the UK, France, the Netherlands, Italy, Brazil and Germany. The handbook provides answers and ideas both to scholars and practitioners in the field. Furthermore, it is guaranteed to provide an overview of the latest news in cases and progress in the field of climate change litigation.
Truth and Transitional Justice by
Publication Date: 2022-02-24
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems.The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Change in the Law of the Sea by
Publication Date: 2022-02-22
The oceans provide a vivid illustration of the relationship between an ever-changing context and a formalistic legal framework. The 1982 UN Convention on the Law of the Sea, hailed as one of the greatest achievements of international law-making, is confronted with dramatically different present-day exigencies. Change in the Law of the Seaprovides an analysis and synthesis of the mechanisms that allow this 'old' treaty to respond to its contemporary context, shining new light not only on how change occurs in international law, but also on how the sources of demand for change are themselves changing.
The Dark Side of the Criminal Justice System by
Publication Date: 2022-02-25
The high rates of Black arrests and incarceration from 1960-1990 were a direct result of deliberate government policies and a zealous criminal justice system, under the patriotic umbrella of the War on Crime. This stateside war shared a lot of similarities with the Vietnam war happening simultaneously: racism and extreme cruelty towards those seen as the enemy, deprecation of the others' culture, forceful use of a militarized police with combat experience, repeated failure to observe human rights, and mass incarceration. Unfortunately, this conflict continued long after the Vietnam war ended. This book reviews those dark times, analyzing it's causes, short- and long-term effects, and calls for change.
US counterterrorism and the human rights of foreigners abroad : putting the gloves back on? by
Publication Date: 2022-03-31
This book examines why the US has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to 'put the gloves back on' through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement) and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms - coercion and strategic learning - which explain why the US has introduced, what the authors refer to as, 'extraterritorial human rights safeguards', thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.
The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring by
Publication Date: 2022-03-22
The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoringpresents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court's decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economicsshowcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.
Publication Date: 2020-12-01
Many of the English translations of Indigenous languages that we commonly use today have been handed down from colonial missionaries whose intent was to fundamentally alter or destroy prior Indigenous knowledge and praxis. In this text, author Mark D. Freeland develops a theory of worldview that provides an interrelated logical mooring to shed light on the issues around translating Indigenous languages in and out of colonial languages. In tandem with other linguistic and narrative methods, this theory of worldview can be employed to help root out the reproduction of colonial culture in Indigenous languages and can be a useful addition to the repertoire of tools needed to return to life-giving relationships with our environment. These issues of decolonization are highlighted in the trajectory of treaty language associated with relationships to land and their present-day importance. This book uses the 1836 Treaty of Washington and its contemporary manifestation in Great Lakes fishing rights and the State of Michigan's 2007 Inland Consent Decree as a means of identifying the role of worldview in deciphering the logics embedded in Anishinaabe thought associated with these relationships to land. A fascinating study for students of Indigenous and linguistic disciplines, this book deftly demonstrates the significance of worldview theory in relation to the logics of decolonization of Indigenous thought and praxis.
They Don't Want Her There by
Publication Date: 2022-04-27
Before the nation learned about workplace sexual harassment from Anita Hill, and decades before the #MeToo movement, Chinese American professor Jean Jew M.D. brought a lawsuit against the University of Iowa, alleging a sexually hostile work environment within the university's College of Medicine. As Jew gained accolades and advanced through the ranks at Iowa, she was met with increasingly vicious attacks on her character by her white male colleagues--implying that her sexuality had opened doors for her. After years of being subjected to demoralizing sexual, racial, and ethnic discrimination, finding herself without any higher-up departmental support, and noting her professional progression beginning to suffer by the hands of hate, Jean Jew decided to fight back. Carolyn Chalmers was her lawyer. This book tells the inside story of pioneering litigation unfolding during the eight years of a university investigation, a watershed federal trial, and a state court jury trial. In the face of a university determined to defeat them and maintain the status quo, Jew and Chalmers forged an exceptional relationship between a lawyer and a client, each at the top of their game and part of the first generation of women in their fields. They Don't Want Her There is a brilliant, original work of legal history that is deeply personal and shows today's professional women just how recently some of our rights have been won--and at what cost.
Common Good Constitutionalism by
Publication Date: 2022-02-07
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the "living constitutionalism" of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as "a reasoned ordering to the common good." In this view, law's purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of "common good constitutionalism." This erudite and brilliantly original book is a vital intervention in America's most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
You Have Not yet Been Defeated by
Publication Date: 2022-04-19
Powerful ideas of protest and freedom of expression from the world-renowned Egyptian political prisoner and activist collected in English for the first time. With a foreword by Naomi Klein. "The text you are holding is living history." -- Naomi Klein, from the foreword Alaa Abd el-Fattah is arguably the most high-profile political prisoner in Egypt, if not the Arab world, rising to international prominence during the revolution of 2011. A fiercely independent thinker who fuses politics and technology in powerful prose, an activist whose ideas represent a global generation which has only known struggle against a failing system, a public intellectual with the rare courage to offer personal, painful honesty, Alaa's written voice came to symbolize much of what was fresh, inspiring and revolutionary about the uprisings that have defined the last decade. Collected here for the first time in English are a selection of his essays, social media posts and interviews from 2011 until the present. He has spent the majority of those years in prison, where many of these pieces were written. Together, they present not only a unique account from the frontline of a decade of global upheaval, but a catalogue of ideas about other futures those upheavals could yet reveal. From theories on technology and history to profound reflections on the meaning of prison, You Have Not Yet Been Defeated is a book about the importance of ideas, whatever their cost.
Critical Race Judgments by
Publication Date: 2022-04-21
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases - Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) - originally focused on race, many of the rewritten opinions - Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) - are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
Colonial legacies and the rule of law in Africa : Ghana, Kenya, Nigeria, South Africa, and Zimbabwe by
Publication Date: 2021-12-31
This book focuses on the continued impact of the colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the Rule of Law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences in the impact of the British colonial legacy on the current legal landscape of each nation and the intersection with the Rule of Law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.
Judicializing everything? : the clash of constitutionalisms in Canada, New Zealand, and the United Kingdom by
Publication Date: 2022-02-01
Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of what issues are to be considered constitutional? Analyzing judicial decisions in Canada, the United Kingdom, and New Zealand, Judicializing Everything? shows how debates surrounding these questions persist on final courts of appeal around the Commonwealth, and that they are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Judicializing Everything? canvasses the perennial debates within the field of constitutional studies and provides novel ways of understanding key disagreements between judges and scholars alike. Despite important formal differences between rights documents in Canada, New Zealand, and the UK, Mark S. Harding shows that there are considerable similarities in the kinds of cases, arguments, and legal outcomes in the three countries. As political life becomes increasingly constitutionalized and judicialized, this important book sheds light on the persistence of debates over bills of rights and their interpretation.
Week of May 10, 2022
Diversity Judgments by
Publication Date: 2022-03-17
The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.
Law by Algorithm by
Publication Date: 2021-12-01
Digitization, blockchain technology and Artificial Intelligence (AI) are fundamentally changing the fabric of societies, influencing lawmaking, legal scholarship and legal practice. The authors of this volume investigate the real-world developments that can be observed in this process, how established legal doctrines are being challenged, the regulatory issues societies face as a result, and how AI can be used in lawmaking and adjudication. By analyzing these four interrelated areas, the authors discuss conceptual issues of regulating AI, examine the impact of new technologies on commercial transactions and corporate governance, investigate civil liability rules for AI applications and explore key features and problems of digital dispute resolution. A recurring theme is that although "Law by Algorithm" might massively increase overall societal welfare, it runs the significant risk of benefitting only a few. To make it work for the good of all is a mammoth task - and one this volume hopes to contribute to.
Demands of Justice by
Publication Date: 2022-02-24
Demands of Justice draws on original interviews and archival research to show how global appeals for human rights began in the 1970s to expand the boundaries of the global neighbourhood and disseminate new arguments about humane concern and law in direct opposition to human rights violations. Turning a justice lens on human rights practice, Clark argues that human rights practice offers tools that enrich three facets of global justice: transnational expressions of simple concern, the political realization of justice through politics and law, and new but still incomplete approaches to social justice. A key case study explores the origins of Amnesty International's well-known Urgent Action alerts for individuals, as well as temporal change in the use of law in such appeals. A second case study, of Oxfam's adoption of rights language, demonstrates the spread of human rights as a primary way of expressing calls for justice in the world.
Human Rights by
Publication Date: 2022-02-07
Human Rights, now in its fourth edition, is an introductory text that is both innovative and challenging. Its unique interdisciplinary approach invites students to think imaginatively and rigorously about one of the most important and influential political concepts of our time. Tracing the history of the concept, the book shows that there are fundamental tensions between legal, philosophical and social-scientific approaches to human rights. This analysis throws light on some of the most controversial issues in the field: What are the causes of human-rights violations? Is the idea of universal human rights consistent with respect for cultural difference? Are we living in a 'post-human rights' world? Thoroughly revised and updated, the new edition engages with recent developments, including the Trump and Biden presidencies, colonial legacies, neoliberalism, conflict in Syria, Yemen and Myanmar, the Covid-19 pandemic, new technologies and the supposed crisis of liberal democracy. Widely admired and assigned for its clarity and comprehensiveness, this book remains a 'go-to' text for students in the social sciences, as well as students of human-rights law who want an introduction to the non-legal aspects of their subject.
The right to privacy revisited : different international perspectives / edited by Özgür Heval Çinar, Aysem Diker Vanberg
This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions.
The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one’s privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens’ private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems.
The chapters in this book were originally published as a special issue of The International Journal of Human Rights.
Global Intellectual Property Protection and New Constitutionalism by
Publication Date: 2022-02-26
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection ofessays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporarylegal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering.This collection aims to illuminate the complex role of this "constitutional" framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects andinterpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader "constitutional" norms is significant. These contexts range from Art 17 of the EU's DigitalSingle Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
The Language of Constitutional Comparison by
Publication Date: 2022-03-04
In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings. Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood. Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.
Federalism, Preemption, and the Nationalization of American Wildlife Management by
Publication Date: 2022-03-30
Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states' authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation's wildlife and biodiversity.
Washington's Heir by
Publication Date: 2022-03-29
The first biography of George Washington's extraordinary nephew, who inherited Mount Vernon and was Chief Justice John Marshall's right-hand man on the Supreme Court for nearly thirty years.George Washington's nephew and heir was a Supreme Court Justice for over thirty years and left an indelible mark on American law. Despite his remarkable life and notable lineage, he is unknown to most Americans because he cared more about establishing the rule of law than about personal glory.In Washington's Heir, Gerard N. Magliocca gives us the first published biography of Bushrod Washington, one of the most underrated Founding Fathers. Born in 1762, Justice Washington fought in the Revolutionary War, served in Virginia's ratifying convention for the Constitution, and was Chief JusticeJohn Marshall's partner in establishing the authority of the Supreme Court. Though he could only see from one eye, Justice Washington wrote many landmark decisions defining the fundamental rights of citizens and the structure of the Constitution, including Corfield v. Coryell--an influential sourcefor the Congress that proposed the Fourteenth Amendment. As George Washington's personal heir, Bushrod inherited both Mount Vernon and the family legacy of owning other people, one of whom was almost certainly his half-brother or nephew. Yet Justice Washington alone among the Founders was criticizedby journalists for selling enslaved people and, in turn, issued a public defence of his actions that laid bare the hypocrisy and cruelty of slavery.An in-depth look at Justice Washington's extraordinary story that gives insight into his personal thoughts through his own secret journal, Washington's Heir sheds new light not only on George Washington, John Marshall, and the Constitution, but also on America's ongoing struggle to become a moreperfect union.
Bodies on the Line by
Publication Date: 2022-04-05
A powerfully empathetic and impeccably researched look at abortion clinic escorting, which Rebecca Traister (New York Times bestselling author of Good and Mad) calls "one of the most under-covered and crucial, lifesaving, rigorous forms of activism out there." Abortion has been legal for nearly fifty years in the United States, but with a new conservative majority on the Supreme Court and an emboldened opposition in the street, the threat to its existence has never been more pressing. Clinic escorts-- everyday volunteers--are prepared to stand up and protect abortion access, as they have for decades, even in the face of terrorism and violence. They have lived, and sometimes died, to ensure that abortion remains not only accessible but also a basic human right. Clinic escorts have fought the "abortion wars" on the front lines, and it is clinic escorts who will win it, by replacing hostility with humanity. Collecting the stories of these brave volunteers from around the country--including the author's own--interviews with clinic staff and patients, and research and input from abortion rights experts, Bodies on the Line makes a clear case for the right to an abortion as a fundamental part of human dignity, and the stakes facing us all if it ends. Bodies on the Line is a celebration of the crucial, often unsung heroes of abortion access and an inspiring call to defend this basic health care before it's too late.
Red Skin, White Masks by
Publication Date: 2014-09-07
WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association's C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term "recognition" shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples' right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics--one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a "place-based" modification of Karl Marx's theory of "primitive accumulation" throws light on Indigenous-state relations in settler-colonial contexts and how Frantz Fanon's critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
Our Knowledge Is Not Primitive by
Publication Date: 2009-07-30
Traditional Anishinaabe (Ojibwe or Chippewa) knowledge, like the knowledge systems of indigenous peoples around the world, has long been collected and presented by researchers who were not a part of the culture they observed. The result is a 'colonized' version of the knowledge, one that is distorted and trivialized by an ill-suited Eurocentric paradigm of scientific investigation and classification. In ""Our Knowledge Is Not Primitive"", Wendy Makoons Geniusz contrasts the way in which Anishinaabe botanical knowledge is presented in the academic record with how it is preserved in Anishinaabe culture. In doing so she seeks to open a dialogue between the two communities to discuss methods for decolonizing existing texts and to develop innovative approaches for conducting more culturally meaningful research in the future. As an Anishinaabe who grew up in a household practicing traditional medicine and who went on to earn a doctorate and become a professional scholar, Geniusz possesses the authority of someone with a foot firmly planted in each world. Her unique ability to navigate both indigenous and scientific perspectives makes this book an invaluable contribution to the field and enriches our understanding of all native communities.
Week of May 2, 2022
Perspectives on Platform Regulation by
Publication Date: 2021-11-22
Online social media platforms set the agenda and structure for public and private communication in our age. Their influence and power is beyond any traditional media empire. Their legal regulation is a pressing challenge, but currently, they are mainly governed by economic pressures. There are now diverse legislative attempts to regulate platforms in various parts of the world. The European Union and most of its Member States have historically relied on soft law, but are now looking to introduce regulation. Leading researchers of the field analyse the hard questions and the responses given by various states. The book offers legislative solutions from various parts of the world, compares regulatory concepts and assesses the use of algorithms.
Piracy in World History by
Publication Date: 2021-11-01
In a modern global historical context, scholars have often regarded piracy as an essentially European concept which was inappropriately applied by the expanding European powers to the rest of the world, mainly for the purpose of furthering colonial forms of domination in the economic, political, military, legal and cultural spheres. By contrast, this edited volume highlights the relevance of both European and non-European understandings of piracy to the development of global maritime security and freedom of navigation. It explores the significance of 'legal posturing' on the part of those accused of piracy, as well as the existence of non-European laws and regulations regarding piracy and related forms of maritime violence in the early modern era. The authors in Piracy in World History highlight cases from various parts of the early-modern world, thereby explaining piracy as a global phenomenon.
The Red Mirror by
Publication Date: 2020-10-15
What explains Putin's enduring popularity in Russia? In The Red Mirror, Gulnaz Sharafutdinova uses social identity theory to explain Putin's leadership. The main source of Putin's political influence, she finds, lies in how he articulates the shared collective perspective that unites many Russian citizens. Under his tenure, the Kremlin's media machine has tapped into powerful group emotions of shame and humiliation--derived from the Soviet transition in the 1990s--and has politicized national identity to transform these emotions into pride and patriotism. Culminating with the annexation of Crimea in 2014, this strategy of national identity politics is still the essence of Putin's leadership in Russia. But victimhood-based consolidation is also leading the country down the path of political confrontation and economic stagnation. To enable a cultural, social, and political revival in Russia, Sharafutdinova argues, political elites must instead focus on more constructively conceived ideas about the country's future. Integrating methods from history, political science, and social psychology, The Red Mirror offers the clearest picture yet of how the nation's majoritarian identity politics are playing out.
Economic Actors and the Limits of Transitional Justice by
Publication Date: 2022-04-06
The rights of victims to truth, justice, reparations and guarantees of non-repetition when businesses are involved in past and present abuses are seldom guaranteed. A legacy of impunity has prevailed globally in which economic actors have incurred few legal or financial (indemnity) costs for violating behaviour. Examining cases in Nazi Germany, Argentina, Brazil, Chile, Colombia, Honduras, Perú, the Philippines and South Africa, this edited volume traces business accountability efforts. It identifies the tools applicable to different country contexts that have facilitated corporate accountability for human rights violations, while also flagging the barriers that persist. This volume presents the past and the present of accountability for corporations complicit in gross human rights violations, and also considers what the future may hold.
The United States' Defend Forward Cyber Strategy by
Publication Date: 2022-03-18
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US--possessor of the world's most powerful cyber arsenal--responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace--albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.
The Politicization of Trans Identity by
Publication Date: 2022-02-25
Two LGBTQ affirmative US Supreme Court Rulings occurred in the second decade of the twenty-first century: the 2015 Obergefell ruling in support of same sex marriage, and the 2020 Bostock decision ruling that discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII. In The Politicalization of Trans Identity: An Analysis of Backlash, Scapegoating, and Dogwhistling from Obergefell to Bostock, Loren Cannon critiques the opinions of the court in both cases. Cannon carefully presents the evidence that transgender identity itself has become politicized post Obergefell and provides a thorough consideration of the ramifications of this politicization across the nation, especially in the form of proposed legislation and violence. Cannon argues that the politicization of trans identity can rightfully be understood as a backlash response to the Obergefell decision and increased LGBTQ equality. According to Cannon, aspects of the politicization can be characterized as scapegoating and as dog whistling. This book offers unique contributions to the understanding of these ideas, including a creative application of Rene Girard's theory of scapegoating. Lastly, Cannon argues that conceptually, virtue signaling needs to be paired with dog whistling to have the political result that the whistler intends.
African customary justice : living law, legal pluralism, and public ethics / Pnina Werbner and Richard Werbner
"This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the 'customary' is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country's past as an authentic, viable legacy, from the British colonial period of indirect rule, to the postcolony's present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities"
The nuclear ban treaty : a transformational reframing of the global nuclear order / edited by Ramesh Thakur
"The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book's contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields"
Articulating Security by
Publication Date: 2022-03-10
We live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.
Political, Economic and Legal Effects of Artificial Intelligence by
Publication Date: 2022-03-08
This book presents a comprehensive analysis of the alterations and problems caused by new technologies in all fields of politics. It further examines the impact of artificial intelligence (AI) on the nexus between politics, economics, and law. The book raises and answers several important questions: What is the role of AI in politics? Are people prepared for the challenges presented by technical developments? How will Al affect future politics and human society? How can politics and law deal with Al's disruptive technologies? What impact will AI and technology have on law? How can efficient cooperation between human beings and AI be shaped? Can artificial intelligence automate public decision-making? Topics discussed in the book include, but are not limited to digital governance, public administration, digital economy, corruption, democracy and voting, legal singularity, separation of power, constitutional rights, GDPR in politics, AI personhood, digital politics, cyberspace sovereignty, cyberspace transactions, and human rights. This book is a must-read for scholars and students of political science, law, and economics, as well as policy-makers and practitioners, interested in a better understanding of political, legal, and economic aspects and issues of AI.
Rome Statute of the International Criminal Court : article-by-article commentary / edited by Kai Ambos
Founded by the late Otto Triffterer this leading commentary contains a detailed article-by-article analysis of the Rome Statute of the International Criminal Court (ICC) by eminent legal practitioners and scholars in the field of international criminal law. The commentary explains the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation to other sources of the ICC such as the Rules of Procedure and Evidence, and the Regulations of the Court and the Prosecution.
Global values and international trade law / edited by Csongor István Nagy
"Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature"
Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective by
Publication Date: 2022-02-22
In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples' land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined.Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples' rights closely entwined with the conservation of the Amazonian rainforest.
Elgar Encyclopedia of Law and Data Science by
Publication Date: 2022-02-18
The Elgar Encyclopedia of Law and Data Sciencerepresents a comprehensive mapping of the field. Comprising over 60 entries, it features contributions from eminent global scholars, drawing on expertise from multiple disciplines, including law and data science, economics, computer engineering, physics, biomedical engineering and history, philosophy, neuro-engineering, political science, and geo-informatics. This Encyclopediabrings together jurists, computer scientists, and data analysts to uncover the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability. Comprehensive yet accessible, this Encyclopedia will be an indispensable resource for scholars of law, data science, artificial intelligence and law and technology. It also contains practical implications for a manifold of users: from domain experts to policy makers, from businesses to practitioners. Key Features: The first Encyclopedic coverage of the field of Law and Data Science Over 60 entries Entries organized alphabetically for ease of reference Full analytical index Interrelated multidisciplinary perspectives Unique accessibility for non-experts.
The Administrative State Before the Supreme Court by
Publication Date: 2022-04-01
In The Administrative State Before the Supreme Court: Perspectives on the Nondelegation Doctrine, leading scholars consider a revival of the Constitution's nondelegation doctrine-the separation-of-powers principle that bars Congress from transferring its legislative powers to the administrative agencies. Although the nondelegation doctrine has lain dormant since 1935, some Supreme Court justices have recently called for its return. As the Supreme Court takes up the doctrine in current cases, this volume makes a timely contribution to our understanding of the separation of powers and the Constitution.
International Recognition by
Publication Date: 2021-12-01
International recognition, which lies at the heart of many contemporary political conflicts (Nagorno-Karabakh, Ukraine, ISIS, Palestine, Libya to name a few), has generally been discussed from the point of view of international law and only as concerning modern history. This volume adopts a much broader perspective by tracing the history of recognition back to the ancient world. It approaches the issue of recognition as a political process where law features as only one of several resources at the disposal of the decision makers. The contributors explore the pivotal moments in the history of recognition on both a European and a world scale: the making of the Roman and Carolingian empires, the Peace of Westphalia, Latin American independence, decolonization, and the Cold War. The comparison brings to light the continuities and discontinuities of recognition within and beyond the historical limits of the modern state.
Reinventing Human Rights by
Publication Date: 2022-03-22
A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path--away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo--Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree--for many different reasons--that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.
Legitimation by Constitution by
Publication Date: 2022-02-22
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Bad Business Practice by
Publication Date: 2022-02-18
This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading and shared responsibility. Christopher Harding and Alison Cronin reflect on the attempts that have been made globally to use criminal law and other methods of formal legal control, as well as more flexible and innovative approaches under the heading of 'regulation', to address the problem of bad business practice. The book argues for a return to first principles and that the possibility of a reconfiguration of economic ordering and market and trading culture should be considered; as business malpractice is largely inherent in the dominant capitalist model, that model is in need of repurposing and reform. Taking an interdisciplinary approach, this book will be a valuable resource for scholars and students of law with a focus on business, commercial law and criminal law, in addition to researchers of corporate governance and public administration and management. Its critical arguments will also benefit NGOs, business professionals and campaign groups.
Intellectual Property Strategies for Start-Ups by
Publication Date: 2022-03-22
In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk. This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management. Key Features: 'Best practice' on IP strategy for start-ups and beyond Guidance on how IP can be protected and how infringements of third-party rights can be avoided Practical advice on the role of IP in valuing and financing a business Review of the the legal ramifications and pitfalls of failing to properly protect IP Accessible writing style and use of illustrative case studies Author team with vast experience of advising start-ups, and consulting on IP matters in mergers and acquisitions transactions. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.
Publication Date: 2022-03-01
A novel account of how the law contributes to the insecurity of our data and a bold way to rethink it. Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself. Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more. Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security.
The Justice Laboratory by
Publication Date: 2020-06-09
Examining how international criminal law has-and hasn't-brought justice following war crimes in Africa. Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force - its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.
The Right to a Fair Trial under Article 14 of the ICCPR by
Publication Date: 2022-01-14
The right to a fair trial is the most litigated human right in the world. Understanding the right requires reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also to the preparatory work of the treaty (travaux préparatoires) and the circumstances of its conclusion. This volume brings together for the first time the complete travaux to Article 14 of the International Covenant on Civil and Political Rights, with reference to the discussion regarding other articles where relevant. It traces the evolution of the text over more than a decade of the drafting process through a number of United Nations bodies. The materials reveal a lengthy and complex process of drafting the Covenant, the intentions of the delegates regarding the interpretation of certain provisions, and those issues that they left open for states parties to decide through their practice. This is a companion volume to The Right to a Fair Trial in International Law (OUP 2020).