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Gesamtkatalog

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Calo R: Law and Technology

Law and Technology

A Methodical Approach

<ul><li>INTRODUCTION</li> <li>CHAPTER ONE: TECHNOLOGY AS SOCIAL FACT</li> <li>CHAPTER TWO: THE SCALE AND THE REACTOR</li> <li>CHAPTER THREE: THOUGH THIS BE MADNESS</li> <li>CHAPTER FOUR: APPLICATION</li> <li>CONCLUSION</li> </ul>

Routledge Research in Tax Law

This book elaborates on the issue of tax avoidance in the light of domestic case-law of the European Union Member States and the case-law of the Court of Justice of the European Union (CJEU).Analysing the most common tax avoidance instruments in European case-law, the book discusses transfer pricing, double taxation treaties, and the anti-avoidance clause. Using eight countries as case studies, Poland, Spain, Portugal, the Netherlands, Sweden, Germany, France and Italy, the book compares their different approaches to tax avoidance from the perspective of both the tax policy of the state and the strategies used by international holding companies. Additionally, the book analyses the case-law of the CJEU, widening the approach to cover tax avoidance across EU countries. Using both a practical and theoretical methodology, the book looks at the relationship between circumvention of the law, tax optimization, tax avoidance, abuse of law, and tax planning.The book will be of interest to researchers in the field of tax law, tax avoidance law, financial law and European law.

European Perspectives

Tax Avoidance in Case Law

Equality law is audist. Deaf communities around the world continue to encounter Deaf Legal Exclusion through legal frameworks that define them narrowly and restrict their rights. This book examines why these frameworks have not delivered equality in practice. It argues that the core issue is structural misrecognition: law protects deaf people only when they accept a definition based on impairment. Sign language, culture and community are treated as secondary. What appears to be inclusion is often a Deaf Legal Illusion: equality claimed in principle but absent in practice. The book analyses five models used to categorise deaf people in law and policy: disability, language minority, culturo-linguistic community, ethnic group and Indigenous group. Some appear in legislation; others are found in scholarship and advocacy. Each reflects only part of deaf people's lives. Drawing on doctrinal and socio-legal analysis of the Equality Act 2010, case law of the ECtHR, and the UN Convention on the Rights of Persons with Disabilities, the book critiques how equality law relies on narrow definitions of fairness. It explores formal, substantive and transformative precepts of equality, assessing their ability to reflect deaf people's experiences. It identifies the audist assumptions built into legal systems that expect deaf people to adapt to hearing norms, while withholding full recognition of sign language and community belonging. In response, the book proposes the Deaf Rights Model, which brings the five models together as complementary rather than competing. Alongside Deaf Equality Concepts, it offers a framework in which sign language, culture and community become central to legal thinking about equality. The Deaf Legal Dilemma establishes Deaf Legal Studies as a field grounded in the priorities and expertise of deaf communities. It invites lawmakers, practitioners and scholars to rethink the purpose of the law and the structures through which deaf people are recognised.

Challenging Equality Law

The Deaf Legal Dilemma

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

This collection of essays presents a socio-legal history of epidemics from the medieval period to the present day. Building on previous studies of infectious diseases undertaken by social historians of medicine, this collection explores the histories of epidemics and disease by looking at the legal measures deployed against them. Whilst previous works have considered the mechanisms by which legal change occurs, the social and political assumptions on which new laws and new legal structures are premised and the social changes which follow, this book focuses on the way in which historical actors understood law to be a complex means of responding to disease and the way in which that law shaped (and limited) the responses which could be made to disease. Taking an interdisciplinary approach, it features contributions from scholars across a range of academic disciplines who consider the wider implications of epidemics and disease beyond the obvious health effects. The collection focuses first on regulatory responses such as the quarantine laws and border policies in the eighteenth century, the framing of 'disease' in the Colonial Immigration Acts in the nineteenth century and the ethics of public health in the twentieth century in Great Britain. It then goes on to consider developments in broader legal doctrine which themselves resulted from social and/or legal responses to disease, including the centralisation of labour regulation in the wake of the black death, property disputes about leper houses, pest houses and fever hospitals, and the prosecution of medical professionals for disease transmission in 19th century England. Methodologically all the chapters are historical, but a range of approaches has been taken, from quite traditional doctrinal legal history through socio-legal history to traditional political and social history, to bring the history of epidemics and the legal measures deployed against them in to sharp focus.

Epidemics and the Law from Plague to the Present

Bridging Policy, Innovation, and Rights

Global Dialogues on Law and Technology

Routledge Research in Finance and Banking Law

This book tackles the challenge of holdout creditor disruption of sovereign debt restructuring, where creditors reject collective agreements to pursue full loan recovery in domestic courts.Critically examining the contemporary statutory and contractual approaches to sovereign debt restructuring, the book presents their usefulness and limitations, including the potential major impact of the doctrine of merger in rem judicatam. It proposes the duty of good faith (which is generally implied under U.S law, implied in certain categories of contract under English law, and widely recognized globally) applied in the context of sovereign debt as a relational contract, as a robust legal approach to combating such disruptions in domestic courts. Through rigorous analysis of case law and treatises, the book argues that sovereign debt contracts are relational contracts, invoking heightened good faith and equity obligations. With in-depth analysis of the contents and judicial applications of the duty of good faith in English and New York jurisprudence, it demonstrates how holdout actions violate good faith, and proffers a judicial approach, based on the duty of good faith, to sovereign debt restructuring as a viable alternative to current statutory and contractual approaches.This book will be of interest to practitioners, researchers, and policy makers in contract law, finance law, relational contract theory, good faith, and sovereign debt.

A Good Faith and Relational Contract Approach

Sovereign Debt Restructuring and Contract Law

This book explores how AI systems trained on neurodata are redrawing the boundaries of dignity, autonomy, and legal personhood. It reveals the emerging reality of NeuroAI: a world where machine-learning models anticipate our thoughts before we have even formed them. As neurotechnologies evolve, AI systems move beyond interpreting brain signals in labs and headsets to harvesting neurodata (whether extracted through direct interfaces, inferred from everyday behaviour, or reverse-engineered via predictive modelling) from users who never consented or even knew they were being monitored, transforming the subconscious into a commodified dataset. Drawing on case studies from criminal trials, law enforcement, and consumer technologies, the book reveals how Big Tech and platform operators increasingly treat neurodata as a resource for monetisation. Across the EU and the USA, emerging AI and data-protection regimes, including the EU AI Act and GDPR, as well as the US Fourth Amendment and HIPAA frameworks, offer incomplete or inconsistent safeguards against NeuroAI trained on neurodata to model and predict thoughts, emotions, or intentions, leaving cognitive inference primarily in a legal grey zone. Indispensable for legal scholars, technologists, and regulators, this critical roadmap illuminates the gaps in current law and identifies the safeguards needed to protect our most intimate inner lives. In a future where thoughts can be inferred, monetised, and weaponised without ever accessing the brain directly, this book shows us where the law must catch up before our minds, our rights, and our freedoms are turned into the next frontier of exploitation.

Law at the Edge of Cognition

Artificial Intelligence, NeuroData, and Society

This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades. In the digital age, copyright law's role as a regulatory framework has grown, demanding even greater clarity and flexibility regarding access and use of protected works. EU harmonization efforts have added complexity by introducing detailed rules that impact the copyright balance. This book goes beyond the existing EU copyright framework to critically analyze its current state of the art and make policy recommendations for the future. The concept of "copyright flexibilities" is examined from various angles, including rights definition, subject matter and scope of protection, copyright contracts, enforcement, exceptions and limitations, exhaustion, and the fair balance between copyright and fundamental rights. Instead of a fragmented approach, the collection takes a holistic view of copyright flexibilities, considering them as a multifaceted and intrinsic element of copyright law expressed through various mechanisms. Particular emphasis is put on technological, economic, cultural, and societal trends, which challenge established concepts in copyright policy. The book will be of interest to students and scholars in the field of copyright law in the EU and beyond.

Flexibilities in Copyright Law

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

This open access book critically analyses a wide range of consumer law issues generated or exacerbated by the Internet of Things. The Internet of Things challenges many of the dichotomies which have shaped current laws: goods-services, hardware-software, tangible-intangible, online-offline. The book focuses on 4 specific challenges: things-as-service, liability, bricking of physical devices through software control, and the potential for enhanced personalisation, especially for digital assistants. The chapters analyse specific applications such as smart homes, connected cars, and consumer wearables with a view to providing innovative solutions to the new challenges posed by the Internet of Things, and to steer the development of the Internet of Things in a fairer direction. As well as offering an important analysis of the potential for smart consumer laws in the Internet of Things, the book also provides important insights into the growing divergence between Germany's and the UK's consumer laws since Brexit. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI (Arts and Humanities Research Council) and the German Research Foundation (DFG).

Lessons from Germany and the United Kingdom

From Smart Technologies to Smart Consumer Law

Innovations in Corrections

This book uncovers the controversies around the suspended prison sentence, its main aims and features, and the role that it occupies within the wider criminal justice context. Suspended prison sentences were introduced in Central and Eastern European (CEE) states as alternatives to short prison sentences: although they were initially generally conceived of as exceptional penal tools, over time, they became the most imposed and dominant penal sanctions and, in that sense, a defining feature of criminal justice systems in the region.The book provides a rich source of information about the development and features of suspended sentences in eight CEE countries, a topic that although of great importance due to their frequency, has received only scant academic attention. Employing a legal, socio-legal, and criminological approach, it achieves this goal through individual chapters on eight countries (Czechia, Estonia, Hungary, Poland, Romania, the Russian Federation, Serbia, and Slovenia), and also through two general chapters, which outline the main specificity of the region as a whole but also present nuances between different countries.The book will be of interest to a wide variety of academic researchers who study crime, punishment, and the penal system, and especially to those interested in sentencing. Given the huge discrepancy in the frequency of use of this sanction in CEE countries and the frequency of use of parole in contemporary practice, the work provides unique insights into the potential and desirability of its wider use, particularly due to minimal supervision that it requires in examined countries. The book therefore seeks to critically inform current thinking of the value and appropriateness of particular forms of sanctions in responding to crime.

Elusive Punishment in Central and Eastern Europe

Suspended Prison Sentences

Law and Technology

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