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A big cat overthrows the Indian state and establishes a reign of terror over the residents of a Himalayan town. A welfare legislation aimed at providing employment and commanding a huge budget becomes'unimplementable'in a region bedeviled by high levels of poverty and unemployment. Paper Tiger provides a lively ethnographic account of how such seemingly bizarre scenarios come to be in contemporary India. Based on eighteen months of intensive fieldwork, this book presents a unique explanation for why and how progressive laws can do what they do and not, ever-so-often, what they are supposed to do. It reveals the double-edged effects of the reforms that have been ushered in by the post-liberalization Indian state, particularly the effort to render itself more transparent and accountable. Through a meticulous detailing of everyday bureaucratic life on the Himalayan borderland, Paper Tiger makes an argument for shifting the very frames of thought through which we apprehend the workings of the developmental Indian state.

In 1783, a stamp duty was imposed on proprietary or'quack'medicines. These largely useless but often dangerous remedies were immensely popular. The tax, which lasted until 1941, was imposed to raise revenue. It failed in its incidental regulatory purpose, had a negative effect in that the stamp was perceived as a guarantee of quality, and had a positive effect in encouraging disclosure of the formula. The book explains the considerable impact the tax had on chemists and druggists - how it led to an improvement in professional status, but undermined it by reinforcing their reputations as traders. The legislation imposing the tax was complex, ambiguous and never reformed. The tax authorities had to administer it, and executive practice came to dominate it. A minor, specialised, low-yield tax is shown to be of real significance in the pharmaceutical context, and of exceptional importance as a model revealing the wider impact of tax law and administration.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

This book addresses the challenges of datafication through the lens of international economic law. We are undergoing a wave of datafication practices. If such practices simply continue to evolve without being examined and repaired along the existing path of development, the same issues will continue to accumulate and will more than likely be amplified. The unprecedented economic and social influence of big tech has served as the catalyst for the concept of'digital sovereignty,'which is rooted in the need to safeguard regulatory autonomy in a datafied world. The current wave of data-driven innovations has placed the policy debates on digital trade and data governance into an even more challenging context. The book – whose chapters are connected by the many facets of'data'- systematically explains how international economic law can reduce the perils of datafication instead of enhancing them. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

Why do some people invoke the law (or resist it) as a way to solve their problems and achieve more stability in life, only to end up in another challenging and uncertain situation? This book offers an original understanding of the important, but understudied, paradoxical effects of law on the survival strategies of Vietnamese people who are caught to live and work in precarious circumstances. It demonstrates how precarity influences the way people perceive, engage with, or resist the law; yet law, at the same time, creates and reinforces such a condition. Understanding the mutually reinforcing relationship between law and precarity sheds a new light on the way law enables individuals to better their condition but ultimately makes matters worse rather than better. This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies.

Lord Pannick celebrates advocacy: that controversial legal issues are decided in court after reasoned argument in which the participants refrain (usually) from shouting, personal insults or threats, and the points on each side of the debate are tested for their relevance, their accuracy, and their strength. The book seeks to identify the central characteristics of good and bad advocacy with the aid of examples from courtrooms in the UK and abroad. Lord Pannick also examines the morality of advocacy - that the advocate sets out views to which he does not necessarily subscribe, on behalf of clients for whom she may feel admiration, indifference, or contempt. Lord Pannick seeks to answer the question he is often asked - more by friends than by judges -'How can you act for such terrible people?'. Finally, he addresses the future of advocacy, arguing it should and will survive pressures for efficiency and technological developments.

China's green transition is often perceived as a lesson in authoritarian efficiency. In just a few years, the state managed to improve air quality, contain dissent, and restructure local industry. Much of this was achieved through top-down,'blunt force'solutions, such as forcibly shuttering or destroying polluting factories. This book argues that China's blunt force regulation is actually a sign of weak state capacity and ineffective bureaucratic control. Integrating case studies with quantitative evidence, it shows how widespread industry shutdowns are used, not to scare polluters into respecting pollution standards, but to scare bureaucrats into respecting central orders. These measures have improved air quality in almost all Chinese cities, but at immense social and economic cost. This book delves into the negotiations, trade-offs, and day-to-day battles of local pollution enforcement to explain why governments employ such costly measures, and what this reveals about a state's powers to govern society.

While guilty pleas are the primary mode of criminal case dispositions across different legal jurisdictions, this topic remains an understudied area. The assumption is that defendants are'playing the system'and that a sliding scale of sentence discounts is necessary to encourage early guilty pleas, which offer utilitarian benefits of efficiency. These assumptions lack a solid empirical foundation. This book offers a comprehensive investigation of how the timing of guilty pleas affects various facets of the criminal process, from the factors that affect this timing, to the effects that the sliding scale of sentence discounts have on sentences and public opinions about them. It also draws comparisons between Western and Asian legal systems, specifically those of England and Wales and Hong Kong. This book is addressed to scholars, legal practitioners, policymakers and those interested in criminal justice, socio-legal studies and empirical legal research.

Our society has a technology problem. Many want to disconnect from screens but can't help themselves. These days we spend more time online than ever. Some turn to self-help-measures to limit their usage, yet repeatedly fail, while parents feel particularly powerless to help their children. Unwired: Gaining Control over Addictive Technologies shows us a way out. Rather than blaming users, the book shatters the illusion that we autonomously choose how to spend our time online. It shifts the moral responsibility and accountability for solutions to corporations. Drawing lessons from the tobacco and food industries, the book demonstrates why government regulation is necessary to curb technology addiction. It describes a grassroots movement already in action across courts and legislative halls. Groundbreaking and urgent, Unwired provides a blueprint to develop this movement for change, to one that will allow us to finally gain control.

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

Citizenship and residence by investment is a fast-growing global phenomenon. As of 2022, more than a third of all countries in the world offered paths to membership in exchange for a donation or investment into their economies. Yet we know little about how these programmes operate and debates in academia and the wider public are often misinformed by sensationalist cases. This book offers a multidisciplinary exploration of both citizenship and residence by investment on a global scale. Bringing together the expertise of leading legal scholars, economists, sociologists, political scientists, and historians, it provides an informative and empirically grounded assessment of the origins, operation, key causes, and the legal bases of the investment migration programmes. By so doing, the volume demystifies citizenship and residence by investment and takes a critical postcolonial global perspective, addressing key issues in belonging, exclusion, and inequality that define the world today.

In the warped world of prescription drug pricing, generic drugs can cost more than branded ones, old drugs can be relaunched at astronomical prices, and low-cost options are shut out of the market. In Drugs, Money and Secret Handshakes, Robin Feldman shines a light into the dark corners of the pharmaceutical industry to expose a web of shadowy deals in which higher-priced drugs receive favorable treatment and patients are channeled toward the most expensive medicines. At the center of this web are the highly secretive middle players who establish coverage levels for patients and negotiate with drug companies. By offering lucrative payments to these middle players (as well as to doctors and hospitals), drug companies ensure that inexpensive drugs never gain traction. This system of perverse incentives has delivered the kind of exorbitant drug prices - and profits - that everyone loves except for those who pay the bills.

Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains grapple with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.

This book explores how cultural heritage and its care are translated in UK law and non-law instruments. It analyses how communities of care look after cultural heritage because they care about it. These communities include the international and national community, national and local governments, courts, professional bodies, institutions such as museums as well as community groups.'Care'refers to the varied ways in which communities engage with cultural heritage to maintain it, sustain relationships about it and with it, use it and provide access to it, with a view to passing it on to future generations. The book also assesses how far these nested practices of care assist communities of care in providing respectful, empathetic and dialogical care to navigate harm to cultural heritage. It will be of interest to scholars of cultural heritage studies across disciplines, including law, sociology and anthropology, as well as policymakers and practitioners in cultural heritage management.

Policing is legitimized in different ways in authoritarian and democratic states. In East and Southeast Asia, different regime types to a greater or lesser extent determine the power of the police and their complex relationship with the rule of law. This volume examines the evolution of the police as a key political institution from a historical perspective and offers comparative insights into the potential of democratic policing and conversely the resilience of authoritarian policing in Asia. The case studies focus on eight jurisdictions: Singapore, Thailand, Hong Kong, Vietnam, China, Taiwan, Japan and South Korea. The theoretical chapters analyse and explain the links between policing and society, the politics of policing and recent police reforms. This volume fills a gap in the literature by exploring the nature of authoritarian policing and how it has transformed and developed the rule of law throughout East and Southeast Asia.

Legal scholars, economists, and international development practitioners often assume that the state is capable of'securing'rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.

The emergence of the judiciary as an assertive and confrontational center of power has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.

The principle and practice of pro bono, or volunteer legal services for the poor and other marginalized groups, is an increasingly important feature of justice systems around the world. Pro bono initiatives now exist in more than eighty countries – including Colombia, Portugal, Nigeria, and Singapore – and the list keeps growing. Covering the spread of pro bono across five continents, this book provides a unique data set permitting the first-ever comparative analysis of pro bono's growing role in the access to justice movement. The contributors are leading experts from around the world, whose chapters examine both the internal roots of and global influences on pro bono in transnational context. Global Pro Bono explores the dramatically expanding geographical and political reach of pro bono: documenting its essential contribution to bringing more justice to those on the margins, while underscoring its complex and contested meaning in different parts of the world.

The book examines the extent to which Chinese cyber and network security laws and policies act as a constraint on the emergence of Chinese entrepreneurialism and innovation. Specifically, how the contradictions and tensions between data localisation laws (as part of Network Sovereignty policies) affect innovation in artificial intelligence (AI). The book surveys the globalised R&D networks, and how the increasing use of open-source platforms by leading Chinese AI firms during 2017–2020, exacerbated the apparent contradiction between Network Sovereignty and Chinese innovation. The drafting of the Cyber Security Law did not anticipate the changing nature of globalised AI innovation. It is argued that the deliberate deployment of what the book refers to as'fuzzy logic'in drafting the Cyber Security Law allowed regulators to subsequently interpret key terms regarding data in that Law in a fluid and flexible fashion to benefit Chinese innovation.

Bridging disparate literatures on courts and the legal profession in China, Jonathan J. Kinkel introduces an innovative cross-disciplinary framework to understand the reality of Chinese politics and society. Fusing a variety of perspectives from social ecology, historical institutionalism, and empirical legal studies, Kinkel contextualises patterns of court reform within China's rapid economic and social transformations. This book's extensive case studies emphasise the dynamic expansion of the legal system in the post-Mao reform period and demonstrate that law firm growth in large cities, especially in the early twenty-first century, pressured courts at the local and national levels to enhance judicial autonomy. Advancing debates on the multiplicity of political-legal regimes, this book offers a comprehensive, empirical account of how reforms in both the public and private arenas can interact and operate alongside one another.

This book offers principles for designing care and support policy to address two persistent sources of tension in the field. The first is the tension between supporting women's unpaid caring and supporting their paid work participation. The second is the tension between carers'claims for support based on the'burden'of caring and disability rights claims for support for choice and independence for people with disabilities. Policies tend to favor one activity and one constituency over the other. Consequently, individuals'access to resources and choices about how they live are constrained. Using a citizenship rights framework, with insights from human rights law, the principles provide guidance for designing policy and legislation that avoids'either/or'approaches and addresses the interests of multiple constituencies. Analyses of Australian and English policies demonstrate the value of the principles for developing policy that reduces inequality, responds to'failures'of neoliberalism, and expands choice for all.

Growing up in China while educated in Japan and the US, the author has in the past few decades both witnessed and actively participated in the historical process of legal transformations in contemporary China. Through a series of academic contributions, as well as meetings, activities and memberships with policymakers and practitioners, the author has spared no effort in applying his theoretical scholarship to real, concrete practices. He has made significant contributions to the building of a rule-of-law system in China, with great social influences. The publishing of this book is to share with English-speaking readers his insights, experiences, and practices related to the institutional undertaking of building the rule of law in China. It offers a legal perspective on some of the cutting-edge issues in our society at large (e.g. risk and uncertainty, AI network, the COVID-19 pandemic, and big data).

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.

Administrative bodies, not legislatures, are the primary lawmakers in our society. This book develops a theory to explain this fact based on the concept of trust. Drawing upon Law, History and Social Science, Edward H. Stiglitz argues that a fundamental problem of trust pervades representative institutions in complex societies. Due to information problems that inhere to complex societies, the public often questions whether the legislature is acting on their behalf—or is instead acting on the behalf of narrow, well-resourced concerns. Administrative bodies, as constrained by administrative law, promise procedural regularity and relief from aspects of these information problems. This book addresses fundamental questions of why our political system takes the form that it does, and why administrative bodies proliferated in the Progressive Era. Using novel experiments, it empirically supports this theory and demonstrates how this vision of the state clarifies prevailing legal and policy debates.

As the first woman to be appointed President of the UK Supreme Court, Brenda Hale was one of the UK's most high profile and influential judges, and she is among the most powerful women leaders of our time. For almost half a century, she pioneered as an educator, reformer, and decision-maker, leaving a distinct mark on the law and the lives of many. In commemoration of her recent retirement from the Supreme Court, this collection celebrates her long and illustrious career. Organised by thematic chapters and featuring original research from leading academics, judges and lawyers, this book offers a comprehensive account of Lady Hale's achievements and enduring impact. The contributors, many of whom were her peers and colleagues, demonstrate how Hale forged her own path within male-dominated institutions, carved a space for herself and others, and, ultimately, endeavoured to promote justice for everyone.

Courts can play an important role in addressing issues of inequality, discrimination and gender injustice for women. The feminisation of the judiciary – both in its thin meaning of women's entrance into the profession, as well as its thicker forms of realising gender justice – is a core part of the agenda for gender equality. This volume acknowledges both the diversity of meanings of the feminisation of the judiciary, as well as the complexity of the social and cultural realisation of gender equality. Containing original empirical studies, this book demonstrates the past and present challenges women face to entering the judiciary and progressing their career, as well as when and why they advocate for women's issues while on the bench. From stories of pioneering women to sector-wide institutional studies of the gender composition of the judiciary, this book reflects on the feminisation of the judiciary in the Asia-Pacific.

The Abortion Act 1967 may be the most contested law in UK history, sitting on a fault line between the shifting tectonic plates of a rapidly transforming society. While it has survived repeated calls for its reform, with its text barely altered for over five decades, women's experiences of accessing abortion services under it have evolved considerably. Drawing on extensive archival research and interviews, this book explores how the Abortion Act was given meaning by a diverse cast of actors including women seeking access to services, doctors and service providers, campaigners, judges, lawyers, and policy makers. By adopting an innovative biographical approach to the law, the book shows that the Abortion Act is a'living law'. Using this historically grounded socio-legal approach, this enlightening book demonstrates how the Abortion Act both shaped and was shaped by a constantly changing society.

In recent decades, companies around the world have deployed an arsenal of tools - including IP law, hardware design, software restrictions, pricing strategies, and marketing messages - to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we've arrived at this moment, when a battle over repair is being waged - largely unnoticed - in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back.

Contrary to the general perception of legal regression under Xi Jinping, this volume presents a more nuanced picture: It combines a wide range of analytical perspectives and themes in order to investigate questions that link institutional changes within the court system and legal environment with developments in criminal procedure law. The first part of the book investigates topics that contextualise institutional and procedural aspects of the law with a focus on various actors in the judiciary and other state and party organs. The second part of the book shifts the perspective to three controversial themes of criminal procedure reform: pre-trial custody review, live witness testimony in court and criminal reconciliation. By shedding light on performance evaluation of judges and interactions of courts and media the final part of the book introduces two sets of contextual factors relevant to the adjudication of criminal cases.

The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions'issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.

Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

In communities plagued by conflict along ethnic, racial, and religious lines, how does the representation of previously-marginalized groups in the police affect crime and security? Drawing on new evidence from policing in Iraq and Israel, Policing for Peace shows that an inclusive police force provides better services and reduces conflict, but not in the ways we might assume. Including members of marginalized groups in the police improves civilians'expectations of how the police and government will treat them, both now and in the future. These expectations are enhanced when officers are organized into mixed rather than homogeneous patrols. Iraqis indicate feeling most secure when policed by mixed officers, even more secure than they feel when policed by members of their own group. In Israel, increases in police officer diversity are associated with lower crime victimization for both Arab and Jewish citizens. In many cases, inclusive policing benefits all citizens, not just those from marginalized groups.

In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.

Historically, the Christian tradition has played an influential role in Western economic thought concerning the regulation of markets, but, with the fracturing of the Christian tradition following the Reformation, the decline of Christian influence in academia, and the increasing specialization of economic analysis, that influence has become increasingly opaque. This volume brings together an interdisciplinary team of prominent academic experts on market regulation from four different continents and various faith traditions to reconsider the impact of Christianity on market regulation. Drawing on law, economics, history, theology, philosophy, and political theory, the authors consider both general questions of market regulation and particular regulatory fields such as bankruptcy, corporate law, and antitrust from a Christian perspective.

In Industry Unbound, Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.

This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.

Although rights-based claims are diversifying and opportunities and resources for claims-making have improved, obtaining rights protections and catalysing social change in South Korea remain challenging processes. This volume examines how different groups in South Korea have defined and articulated grievances and mobilized to remedy them. It explores developments in the institutional contexts within which rights claiming occurs and in the sources of support available for utilizing different claims-making channels. Drawing on scores of original interviews, readings of court rulings and statutes, primary archival and digital sources, and interpretive analysis of news media coverage in Korean, this volume illuminates rights in action. The chapters uncover conflicts over contending rights claims, expose disparities between theory and practice in the law, trace interconnections among rights-based movements, and map emerging trends in the use of rights language. Case studies examine the rights of women, workers, people with disabilities, migrants, and sexual minorities.

Over the years, there have been increasing intersections between religious claims and nationalism and their power to frame and govern world politics. When Politics Are Sacralized interdisciplinarily and comparatively examines the fusion between religious claims and nationalism and studies its political manifestations. State and world politics, when determined or framed by nationalism fused with religious claims, can provoke protracted conflict, infuse explicit religious beliefs into politics, and legitimize violence against racialized groups. This volume investigates how, through hegemonic nationalism, states invoke religious claims in domestic and international politics, sacralizing the political. Studying Israel, India, the Palestinian National Movement and Hamas, Sri Lanka, Saudi Arabia, Serbia, Iran, and Northern Ireland, the thirteen chapters engage with the visibility, performativity, role, and political legitimation of religion and nationalism. The authors analyze how and why sacralization affects political behaviors apparent in national and international politics, produces state-sponsored violence, and shapes conflict.

Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.

Mutinies for Equality studies recent transformations in the area of law and gender in modern India. It tackles legal and social developments with regard to family life, sexuality, motherhood, surrogacy, erotic labour, sexual harassment in the workplace and violence against women, among others. It analyses reform efforts towards women's rights and LGBTIQ rights and attempts to situate where a reform has taken place, by whom it was brought about, and what impact it has had on society. It engages with protagonists who shape the debate around law and gender and locates their efforts into a socio-political context, thereby showing that the discourses around law and gender are closely connected to broader debates around legal pluralism, secularism and religion, identity, culture, nationalism, and family. The book offers compelling evidence that the drivers of change are emerging from beyond the traditional institutions of courts and parliament, and that to understand the everyday implications of legal reforms, it is important to look beyond these institutional sources.

In recent decades, as women entered the US workforce in increasing numbers, they faced the conundrum of how to maintain breastfeeding and hold down full-time jobs. In 2010, the Lactation at Work Law (an amendment to the US Fair Labor Standards Act) mandated accommodations for lactating women. This book examines the federal law and its state-level equivalent in Indiana, drawing on two waves of interviews with human resource personnel, supervising managers, and lactating workers. In many ways, this simple law - requiring break time and privacy for pumping - is a success story. Through advocacy by allies, education of managers, and employee initiative, many organizations created compliant accommodations. This book shows legal scholars how a successful civil rights law creates effective change; helps labor activists and management personnel understand how to approach new accommodations; and enables workers to understand the possibilities for amelioration of workplace problems through internal negotiations and legal reforms.

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy.

In an era of corporate surveillance, artificial intelligence, deep fakes, genetic modification, automation, and more, law often seems to take a back seat to rampant technological change. To listen to Silicon Valley barons, there's nothing any of us can do about it. In this riveting work, Joshua A. T. Fairfield calls their bluff. He provides a fresh look at law, at what it actually is, how it works, and how we can create the kind of laws that help humans thrive in the face of technological change. He shows that law can keep up with technology because law is a kind of technology - a social technology built by humans out of cooperative fictions like firms, nations, and money. However, to secure the benefits of changing technology for all of us, we need a new kind of law, one that reflects our evolving understanding of how humans use language to cooperate.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the'One Country, Two Systems'framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.

Over the last decade, cost pressures, technology, automation, globalisation, de-regulation, and changing client relationships have transformed the practice of law, but legal education has been slow to respond. Deciding what learning objectives a law degree ought to prioritise, and how to best strike the balance between vocational and academic training, are questions of growing importance for students, regulators, educators, and the legal profession. This collection provides a range of perspectives on the suite of skills required by the future lawyer and the various approaches to supporting their acquisition. Contributions report on a variety of curriculum initiatives, including role-play, gamification, virtual reality, project-based learning, design thinking, data analytics, clinical legal education, apprenticeships, experiential learning and regulatory reform, and in doing so, offer a vision of what modern legal education might look like.

This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy.

United States Supreme Court justices make decisions that have a profound impact on American society. Empirical legal scholars have portrayed justices as either single-minded or strategic seekers of policy, and there is little room in these theories for things like law, reputation, or personality. This book offers a fresh perspective that will jar Supreme Court scholarship out of complacency. It argues that justices'personalities influence their behavior, which in turn influences legal development and the United States Constitution. This impressive group of authors exhaustively examine every part of the Court's decision-making process, and focus on the trait of conscientiousness and how it influences justices over nine different empirical contexts, from agenda setting to writing the Court's opinions. The Conscientious Justice is an important and comprehensive account of judging that restructures existing approaches to analyzing the High Court.