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New Data Act

A Practitioner's Guide

European Academy of Legal Theory Series

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

The Role of Apologies in the Law

Building a New Legal Framework

Foetal Tissue Governance

The law promises justice. Too often, it delivers inequality. This contradiction raises a basic question: Why does a legal system that claims to stand for fairness and equality fail to uphold these ideals over and over?In Law on Trial, legal scholar and Bronx native Shaun Ossei-Owusu draws on more than a decade of observation and reflection-first as a scholar of inequality, then as a law student, practicing lawyer, and now as an Ivy League law professor-to provide an unvarnished account of the legal system. He reveals that the promise of justice is too often a convenient fiction invoked by lawyers, recited by textbooks, and betrayed in practice.Street crime gets the fist of the state; white-collar crime gets a gentle hand. Laws meant to protect women and minorities are increasingly turned against them. Immigrants face the law with only the thinnest protections, while the rights of people with disabilities are routinely ignored. And, most quietly, lawyer-driven corporate deals shutter small-town hospitals, deepening America's abandonment of the rural poor. These are not aberrations, but simply how law works in this country.In this legal odyssey, Ossei-Owusu takes us inside law school classrooms where human suffering is reduced to abstract principles. He brings us to government offices where protecting cities can mean crushing the vulnerable. We go to Big Law conference rooms where power is exercised far from the communities most affected. At every step, he pulls back the curtain on legal education and the legal profession, creating a revelatory, unforgettable account of a system that touches all of us, in one way or another.A book for nonlawyers, law students, and practicing lawyers alike, Law on Trial explains how a legal system dedicated to fairness is behind many of the social ills of our time, and shows how it can be fixed.

An Unlikely Insider Reckons with Our Legal System

Law on Trial

Cambridge Studies in International and Comparative Law

Submarines in International Law is the first book to explore both the legal history and the contemporary regulation of submarine operations in varied areas of international law. The analysis demonstrates the instances where submarines influenced the development of the law of the sea and the law of armed conflict, as well as highlighting where international law needs to give greater account for submarines in existing bodies of law-including international marine environmental law, the law on the use of force, navigational safety rules, transnational criminal law and international cultural heritage law. Submarine operations range from military and defence uses, to supporting research and commercial seabed industries, to ocean tourism and smuggling of illicit goods. International law regulates all these activities to varying degrees. While submarines may strive to be evasive objects in the ocean, this book demonstrates why they cannot and should not elude the reach of international law.

Submarines in International Law

Routledge Studies in Accounting

Intellectual Capital (IC) has become synonymous with the Knowledge Economy, whereby the intangible resources of organisations are linked to the development of value. However, take up has been problematic, causing some pundits to question if it's simply 'locked' in theory. This book seeks to 'unlock' IC by offering a practical understanding of the IC paradigm since its inception, and takes a critical and performative examination of IC research and practices, whilst offering practical examples of how to implement it successfully. Viewed from both an academic and practioner perspective, this book is useful for students and wanting to apply IC effectively.

Unlocking Intellectual Capital

This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.The past few decades have witnessed something of a 'silent revolution' in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship.Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.

Contract, Labour Law and the Realities of Working Life

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

Law and Practical Reason

Moral Responsibility and Artificial Intelligence

From Bitcoin and stablecoins to NFTs, digital assets recorded on blockchain networks have reshaped the commercial landscape. Yet despite this transformation, their legal treatment has been dangerously skewed. While regulators and scholars have fixated on financial oversight, a crucial legal dimension has been neglected: private law.

Digital Commercial Law exposes two fundamental imbalances plaguing the digital asset ecosystem. First, the legal community's overwhelming emphasis on financial regulation has eclipsed the private law foundations governing ownership, transfer, custody, and collateralization. Second, when private law issues are considered, contractual arrangements are treated as all-controlling while property, bailment, secured transactions, and bankruptcy concepts are disregarded. Through doctrinal analysis and case studies, Odinet and Tosato illuminate how this disequilibrium leads to market dysfunction and systemic risk, while demonstrating how a balanced approach can restore stability.

Written by leading authorities on digital asset law, this groundbreaking book directly addresses these critical flaws by making a compelling case for restoring private law, in all its facets, to its central role in the digital economy.

Private Law in the Age of Tokens, Platforms, and Automation

Digital Commercial Law

Hart Studies in European Criminal Law

Law Enforcement Access and Data Protection in EU Law

New Data Act

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