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Rethinking the Legal Profession

New Trajectories in Contemporary Society

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Materialising the Digital

Where and how we pay is changing dramatically. This timely, innovative book navigates the so-called 'Cambrian explosion' of FinTech companies and more specifically to the emergence of Blockchain technologies and cryptocurrencies through the lens of the case of Ripple, a company in the field of cryptoassets and cross-border payments. Combining STS with human geography and political economy, it navigates the maelstrom of proliferating new and old payment infrastructure, to develop a theoretical and empirical 'infrastructural inversion' of money. Money does not just flow through or behave like an infrastructure, but rather it is an infrastructure, because it is predicated upon the existence of accounting and payment infrastructures of memory for its very existence. Using the concepts of active forms and dispositions from design and architecture, this nuanced book analyses how money's infrastructures act in the world materially, spatially, as objects and subjects of desire and as political and economic machines. If we want new forms of money for new forms of society, we need to think holistically and ecologically about the complex combinations of materiality, space, desire and political economies that money generates and propagates. Tracing the trajectory of a cryptoasset project from an alternative credit system to an interbank, cross-border company, the book moves beyond a Bitcoin-centric view of money. It reveals how alternative and mainstream, networked and sovereign forms of money have long been intertwined.

An ecology of materiality, space, desires, and power

Money’s infrastructures

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

This book explores how trial lawyers, driven by self-interest, use argumentation to shape legal and ethical ideals in society through their manipulation of language, people, and objects. It argues that by employing various persuasive styles and deceptive strategies, lawyers influence juries and affect broader legal and communal values. These individual actions, while focused on client interests, collectively contribute to significant social changes in the practice and perception of law.

Etiology, Elements, and Effects

A Natural History of Legal Argument

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Own Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Own Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

How Corporations Built Our Choices and Sold Our Freedom

Choose Your Captivity

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Providing everything you need to know about the law governing gambling in the UK, an expert team offers practical guidance covering all key areas.

Smith and Monkcom on the Law of Gambling

This book addresses the veritable flood of litigation sparked by interest rate swaps and other financial derivatives and looks at the way in which these disputes are solved across a variety of jurisdictions. It discusses how the issue is dealt with in Europe -where derivatives litigation is a pervasive problem- by comparing solutions in the UK, Germany, Austria, Switzerland, France, Italy, Spain, the Netherlands, Belgium, Norway, Poland and Hungary. It also addresses financial derivatives litigation beyond Europe, namely in the US, Australia, Hong Kong, and Singapore. Derivatives litigation raises a variety of highly relevant issues: it provides insights into the duties of care owed by the bank to its clients in terms of information, transparency and warnings; it is revelatory for conflicts of interests, since banks who enter into derivatives take contrarian positions to their clients, raising the question whether they are allowed to do so despite their role as fiduciaries. The book addresses the private law effect of regulatory conduct of business rules included in the European Markets in Financial Instruments Directive (MiFID), and also looks at the capacity of public bodies to enter into derivatives agreements against the backdrop of intricate conflict of laws issues. By analysing derivatives litigation, the book sheds light on the general relationship between private law, civil procedure, supervisory actions, regulatory action, administrative law, criminal law, and alternative dispute resolution, as well as on how to deal with mass claims in the financial sector. An essential resource for practitioners involved in cross-border litigation, policy makers, and researchers.

Risk, Regulation, and Responsibility

Financial Derivatives Litigation

Drawing on new data and case analyses, Ryan J. Rebe provides substantial evidence that justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and notions of fundamental fairness. The aggregate analysis shows that justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Exploring topics such as gerrymandering, campaign finance, voter ID laws, and presidential immunity, Rebe demonstrates that Supreme Court decisions often conflict with principles of stare decisis, originalism, and judicial restraint. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty-five years, including Crawford v. Marion County, Citizens United v. FEC, Shelby County v. Holder, and Trump v. United States. In doing so, the book provides a thorough overview of over two decades of election law cases and sheds light on the ways these cases have reshaped America's electoral institutions.

The Era of Political Partisanship on the U.S. Supreme Court

The Partisan Court

Artificial Intelligence and Blockchain in International Arbitration offers an exhaustive analysis of technology-assisted arbitration across the entire arbitral lifecycle by examining how blockchain and artificial intelligence are used in drafting and concluding arbitral agreements, in the constitution of the tribunal, in the overall procedural management of the case, on evidence and disclosure, on virtual hearings, and even on arbitral award drafting. It delves deeper into the limitations of automation, the non-delegable roles of arbitrators, and the compatibility of digital procedures with core arbitration principles such party autonomy, due process, equality of arms, secrecy, and impartiality. Additionally, it examines how new technologies interact with private international law, with the consent of the parties, the relevant legislation and how these technologies can be incorporated into arbitration without going against public policy, without violation due process rights and, in that way ensuring enforcement under the New York Convention.This book, by examining how blockchain and artificial intelligence are changing arbitral practice, provides a fresh and topical viewpoint on current debates in international arbitration and explores how these technological advancements are reshaping arbitration foundations while posing ethical challenges about the future of arbitration.

Artificial Intelligence and Blockchain in International Arbitration

Global Lessons from Hungary

Academic Freedom and Authoritarianism

A collection of eye-opening natural experiments, showing how economists uncover cause-and-effect relationships and reveal insights about our world. Does having a daughter change how a congressperson votes? How did a nineteenth-century doctor help discover germs? Is it better to go first or second in a penalty shootout? Why don’t diplomats pay their parking tickets? Do leaders really matter? These are all questions economists ask. Some of these questions are serious, others less consequential. But all are interesting—and can be answered by way of the natural experiment. A natural experiment is an event in the real world that neatly divides people into a treatment and control group—and it is one of the greatest tools in the economist’s toolkit. In Daughters, Diplomats, and Death, Patrick Gourley discusses why and how economists have leveraged this powerful method to answer questions that were long thought unanswerable. In the vein of Freakonomics, Nudge, and The Tipping Point, the book takes the reader on a lively and engaging tour of some of the most fascinating natural experiments, explaining how they work, how they help social scientists answer questions, and what conclusions they reached. The experiments illuminate a wide range of timely issues in health, education, reproductive issues, and the environment, lending rich and much-needed nuance to the complex debates that shape today’s headlines.

A collection of eye-opening natural experiments, showing how economists uncover cause-and-effect relationships and reveal insights about our world. Does having a daughter change how a congressperson votes? How did a nineteenth-century doctor help discover germs? Is it better to go first or second in a penalty shootout? Why don’t diplomats pay their parking tickets? Do leaders really matter? These are all questions economists ask. Some of these questions are serious, others less consequential. But all are interesting—and can be answered by way of the natural experiment. A natural experiment is an event in the real world that neatly divides people into a treatment and control group—and it is one of the greatest tools in the economist’s toolkit. In Daughters, Diplomats, and Death, Patrick Gourley discusses why and how economists have leveraged this powerful method to answer questions that were long thought unanswerable. In the vein of Freakonomics, Nudge, and The Tipping Point, the book takes the reader on a lively and engaging tour of some of the most fascinating natural experiments, explaining how they work, how they help social scientists answer questions, and what conclusions they reached. The experiments illuminate a wide range of timely issues in health, education, reproductive issues, and the environment, lending rich and much-needed nuance to the complex debates that shape today’s headlines.

How Economists Use Natural Experiments to Decipher Our World

Daughters, Diplomats, and Death

Rethinking the Legal Profession

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