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Blum B: Examples & Explanations

Examples & Explanations

Contracts

Diverse Voices in Intellectual Property Law

This open access book brings together scholars primarily from the Global South, rooted in critical legal traditions, who reflect on international law and its role in (re-)producing social hierarchies in times of crisis and catastrophe. How should legal scholars articulate critique in catastrophic times? Should critical voices tone it down, in favour of pragmatism, when faced with deteriorating social conditions, growing inequality, protracted violence, planetary collapse, authoritarianism, and xenophobia? Or are they more urgently needed than ever? Critical scholarship has long warned of the limits of international law and its complicity with structures and relations of domination and the (re)production of social hierarchies. Yet, contemporary catastrophes have led to its revitalisation as a language of both expert counsel and political demand, drowning out calls for structural change for the sake of realism and stability. This book was inspired by two distinct, yet related, developments. One is the mobilisation of, and against, law by social movements representing the interests of distinct socially constructed groups facing crisis or catastrophe. The other is the reception of, and response to, such mobilisation by international law scholars and practitioners. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

International Law, Critique, and Structural Change

Social Hierarchies in Catastrophic Times

How We Save Ourselves and the World

Belonging Without Othering

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

This book assesses whether EU consumer law effectively protects consumers in cloud computing contracts. From music subscriptions and streaming services to online gaming and social networks, cloud-based services are an integral part of our daily lives. Understanding the legal landscape of cloud computing is therefore crucial. The convenience of cloud computing raises significant legal questions about consumer rights. What if all emails are lost? Can someone unauthorised access online photos? Is it possible to cancel a video streaming subscription or transfer music elsewhere? The book scrutinises the adequacy of EU consumer contract law in addressing these issues, evaluating its coherence and effectiveness in safeguarding consumers' interests and fostering trust in cloud services. It looks at the entire lifecycle of a cloud computing contract, highlighting critical consumer problems, such as unclear information, service availability, data integrity, and unbalanced contract terms. Written for legal scholars, practitioners, policymakers and market participants, the book offers a comprehensive analysis of EU law provisions on cloud computing contracts. As cloud technology continues to evolve and integrate into mainstream IT solutions, ensuring a robust and consistent legal framework is paramount for consumer protection and the advancement of the EU digital market.

Consumers in the Cloud

EU Consumer Protection in Cloud Computing Contracts

If you're a writer or other content creator, your copyrights are precious assets. The Copyright Handbook shows you how to protect and profit from your creative works and avoid infringing on anyone else's copyrights. Understanding copyright law is especially important in the age of AI-created works and the use of copyrighted works to train AI models. Find information and forms to help you: <ul> <li>learn what works copyright law does and doesn't protect</li> <li>register your work with the Copyright Office</li> <li>understand fair use</li> <li>get permission to use others' copyrighted works</li> <li>deal with infringers, online and off</li> <li>transfer ownership of a copyright, and</li> <li>profit from your copyright.</li> </ul> The 16th edition is updated with key court decisions and emerging rules in order to provide the latest guidance on registering and protecting your work. With Downloadable Forms: Essential forms and agreements including a Copyright Assignment, Work-Made-for-Hire Agreement, Collaboration Agreement, and Permission Agreement are available for download (details inside).

What Every Writer Needs to Know

The Copyright Handbook

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

A U.S. Supreme Court and Circuit-By-Circuit Analysis

2026 Survey of Federal Class Action Law

From Empire to the Contemporary World

Australia in the International Legal System

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

Geopolitics and the High North

The Arctic Großraum

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Examples & Explanations

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