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United States Reports, Supreme Court:
Cases Argued and Adjudged in the Suprem

United States Reports, Supreme Court: Cases Argued and Adjudged in the Supreme Court of the United States; Volume 106

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

Forced "Return" of Migrants to Transit and Fourth Countries

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

Law, Policy and Practice

Housing Debt and Home Loss

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

Compliance can be a burden... but it can also be your secret weapon!If you want to turn regulatory challenges into something that gives you a competitive edge, helps you protect your brand and outsmart your competitors, you need to use them to your advantage. The Compliance Edge empowers disruptive founders with the tools, strategies and insights to take on the compliance giant and win.Read this book to: <ul><li>Identify your compliance blind spots before regulators do</li><li>Implement fast, cost-efficient fixes using the ARC Methodology</li><li>Build compliance systems that scale without killing creativity</li><li>Turn risk management into a market advantage</li><li>Embed a compliance culture into your team, full of accountability and trust</li></ul>

How disruptive entrepreneurs win in regulated markets

The Compliance Edge

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

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

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

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

Why the Legal Person Remains a Man

Manning the Law

Diverse Voices in Intellectual Property Law

United States Reports, Supreme Court: Cases Argued and Adjudged in the Supreme Court of the United States; Volume 106

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