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West R: The Lawless Society

The Lawless Society

The Collapse of Civil Justice

For much of the past century, with the U.S. considered the world leader in innovation, its economic growth based on continued creative contributions from its citizens was a given. But this privileged position is under threat. In recent years, the U.S. has lagged behind other countries on several innovation measures, and including an ability to compete against international cities for venture-capital backed startups and creative talent. The arrival of AI only adds urgency to the questions of whether the U.S. will continue to be an innovation leader, and whether that leadership will advance human flourishing. &nbsp;&nbsp;The Creativity Tax draws on neuroscience, psychology, economics, law, and public policy to make the case that reducing poverty and inequality through a federal guaranteed income is the missing key to unlocking our collective creative potential and expanding our innovative capacity. It explains how policy inaction in addressing poverty and inequality is taxing our innovative capacities in ways that threaten our continued ability to produce high quality, socially beneficial innovation. The book also reveals how these questions of innovation leadership are deeply entwined with questions of who gets to innovate in this country and what kinds of innovation is produced—innovation for innovation's sake that benefits a few, or truly useful innovation that advances human flourishing. &nbsp;&nbsp;Synthesizing a broad range of scholarship, Stephanie Plamondon makes a novel argument for addressing poverty and inequality, not only as a matter of social welfare policy, but also for our nation's continued progress as an innovation leader.

How Poverty and Inequality Silence Innovation, and How to Fix It

The Creativity Tax

The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap. It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.

Foundations and Critique

Comparative International Law

This book traces the legal creation of National Parks in England and Wales, considering how statute and case law shaped the different provisions within the National Park and Access to the Countryside Act 1949. National parks are often associated with hiking, holidaying, and nature but they are rarely perceived as legal spaces. Yet national parks in England and Wales only exist through the legal processes contained within the National Parks and Access to the Countryside Act 1949, a piece of legislation which is internationally unique in how it defines what a national park is. In celebrating the 75th Anniversary of the National Parks and Access to the Countryside Act 1949, the book examines the legally unique nature of national parks in England and Wales, exploring why these spaces were created in a legally distinct way. In doing so, the book takes the reader on a journey through the ever-evolving landscapes of planning law, administrative law, and property law in the 19th and 20th centuries, providing a new perspective on the enactment of national parks legislation. In presenting the National Parks and Access to the Countryside Act 1949 as part of a wider system of legal change, the book encourages the reader to think differently about national parks, emphasising the inherently legal nature of these spaces. This book is the perfect companion for any reader seeking to understand how national parks in England and Wales legally came to be.

Defining a Landscape

The Legal Creation of National Parks in England and Wales

This open access book offersa cultural history of lawsuits that traces the development of French performance rights from la Belle Époque, throughthe Roaring Twenties, and into thePost-War period. It does so by analysing the ways in which performers, composers, and playwrights took to French courtrooms, sought attention in mass media, and participated in political debates to claim their rights to create and control musical and theatrical performance. In 19th-century France, composers and playwrights organised in member-run societies that successfully used authors' rights legislation to curb the power of theatre managers. By the turn of the 20th century, these so-called collective management organisations had transformed French cultural industries by building out structures of royalty collection and improving litigation practices. From the café-concert culture in 19th-century Montmartre and the rise of modern celebrity culture, to mass media and radio entertainment, the book traces precedent-setting litigation that defined who creates and controls performance. The book challenges previous narratives that centre the individualisation of authors in the expansion of the international copyright regime while neglecting performers. Instead, it reveals the ways in which the personality and individuality of performers have played a constitutive role in discourses about genius, technology, and legal categories. Performance as Intellectual Property is for anyone interested in the emergence of modern European cultural industries and the relationships between intellectual property systems, creativity, and art. 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 European Research Council.

The Rights of Performers, Composers and Playwrights in France 1890-1950

Performance as Intellectual Property

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 48 Federal Acquisition Regulations System Chapters 7-14, Revised as of October 1, 2025

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

In this book, practitioners, judges and academics provide a comprehensive assessment of the Contracts (Rights of Third Parties) Act 1999, a legislative cornerstone of English contract law. The 1999 Act is a central statute in contract law, which transformed the rules on privity. Yet comparatively little is written on it. On the Act's 25th anniversary this study fills that gap. Experts in the field from academia and practice assess its reach and impact, shedding light on its areas of complexity. In addition to essays addressing the main provisions of the 1999 Act and the remedies that can be pursued under it, the consequences of the legislation on arbitration, banking, construction, employment, insurance, shipping and many other specialist fields are considered. The volume is introduced and concluded by reflections on the Act's history and future by Lord Burrows and Lady Justice Cockerill. This is a seminal reference work for all practitioners engaging with the 1999 Act, as well as scholars and students of contract law.

The Contracts (Rights of Third Parties) ACT 1999 at 25

Adopting distinct and new perspectives to analyse VAT policy and practice, this book explores the key design challenges and opportunities faced by VAT jurisdictions in the 21st century. The book shows how the VAT, the world's most preferred form of consumption tax, has failed to live up to the expectations of its advocates since its earliest iterations about a century ago. It identifies and explains the gaps between VAT theory and practice, drawing on lessons from recent international experience. The book begins with an analysis of key design features of VAT systems, including concessions, registration thresholds and small business regimes. It goes on to explore more complex issues, such as the application of the tax to financial supplies, sharing economy transactions, and international cross-border sales, as well as the treatment of transactions and revenue within jurisdictions that operate under multiple-tiered systems of government.These issues represent challenges commonly encountered in VAT jurisdictions in modern economies. The work outlines innovative and realistic reform proposals for a VAT suitable for a 21st century economy that are grounded in economic principles and at the same time, practicable in terms of law, policy, and administration. It factors in, in particular, the political, technical, and administrative realities that policymakers in VAT jurisdictions must navigate when developing reform programmes. With guidance on VAT design and implementation for policymakers and law drafters, the book is also a valuable resource for academics, students, and practitioners interested in VAT policy and practice, and the interactions between tax law, policy and economic principles.

Design, Challenges, and Opportunities

Value Added Tax in the 21st Century

This book sets out the future directions for UK consumer law and policy. After decades of EU-driven development, the continuous improvement of UK consumer law and policy has stalled since Brexit. Yet, there are major challenges, including the progressive digitalisation of the consumer environment, the need to reconcile sustainability with consumption, and the need for better crisis resilience, alongside more specific concerns such as better enforcement or subscription contracts. The disruption caused by Brexit demands a comprehensive solution to ensure that UK consumer law and policy remains current and robust rather than becoming moribund. It also presents an opportunity for realigning UK consumer law and policy towards a consumer-centric focus and to develop innovative solutions to contemporary consumer challenges. With original contributions from leading consumer law scholars, the book shows how the UK could develop in response to both major and specific challenges. Topics include a historical perspective on consumer law, consumer law reform, the implications of Brexit, vulnerability, changing paradigms, challenges in the context of financial services and digital consumer law, and enforcement.

Disruption, Innovation and Re-Alignment in UK Consumer Law and Policy

Hart Studies in Private Law

This book undertakes a unique enquiry into the puzzling doctrine of undisclosed agency. Following an introduction to the doctrine and those issues that its conceptual uncertainty poses for commerce, it then charts a course through the core categories of obligations: contract, equity, tort, and unjust enrichment. In each case, various theses are explored in detail in order to identify the most robust, compelling, and commercially-appropriate rationalisation of undisclosed agency. It brings much needed clarity to a complex field of private and commercial law.

Rationalising Undisclosed Agency

This volume examines judicial decisions that have shaped the law of asylum and refugee protection. Each chapter analyses a single judicial decision and locates it in a wider legal, political and policy context, tracing its subsequent impact on refugee law and policy. Some of the decisions analysed in this collection were foundational in establishing the reach of refugee law, particularly in defining the scope of the refugee definition. Others engage with key areas of refugee rights in contexts which indicate a critical turning point in state refugee policy, such as interdiction of boats at sea, encampment and extraterritorial asylum processing mechanisms. The contributions demonstrate how refugee protection is shaped by the intersection of different fields of law, including refugee law, human rights law, and domestic constitutional provisions. Reflecting this complexity, the collection explores decisions from the UK, Canada, USA, Kenya, Australia and Papua New Guinea, as well as regional courts including the European Court of Human Rights, Inter-American Court of Human Rights, the Court of Justice of the European Union, and decisions of the United Nations Human Rights treaty bodies. Authors include leading academics and practitioners in refugee and human rights law from a range of jurisdictions. This book offers compelling insights for anyone with an interest in international refugee protection, human rights, and the development of international refugee law.

International Jurisprudence on the Rights of Refugees

Landmark Cases in International Refugee Protection

This book presents a contemporary perspective on legal rights centred on the longstanding will theory-interest theory debate. Starting with classical rights literature, central aspects of the debate in its modern idiom are contextualised within a social theory setting developed from the writings of Max Weber. The book explores the idea that the institutional and coercive character of legal enforcement necessitates viewing legal rights as a locus of social power residing within the 'institutional imagination': that is, in the decision-making of key institutional actors such as judges, prosecutors, police, governmental authorities - and ultimately supreme court judges - who routinely mobilise coercive mechanisms towards the enforcement of legal rights and powers. This marks a departure from the trend of rights literature to view legal rights largely from the standpoint of the right-holder. The book also touches on whether the emerging perspective points towards a 'third way' beyond the traditional two theoretical approaches. A major task of the study is the construction of an archetypal supreme court judge - personifying the 'institutional imagination' - fashioned, via Weberian sociology, from a critique of Ronald Dworkin's 'Herculean' judge and measured against doctrinal exegesis that draws on sources which include UK higher appellate court judgments.

Legal Rights and the Institutional Imagination

The Lawless Society

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