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Recommending OUP Latest Collection for Purchase (Bulletin 151b - May 2021): Law
A Court of Specialists by Chris Hanretty
Publication Date: 2020-03-19
eBook Price: $259.20
Description: This book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court's first ten years, it examines all stages of the court's decision-making process - from permission to appeal to the decision on the final outcome. The analysis of these distinct stagesshows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they've been able to convince judges in lower courts. The most important predictor of whether a case will be heard at all is whether it has been written up in multipleweekly law reports.But "legal factors mattering" doesn't mean that judges on the court are simply identical expressions of the law. The nature of the UK's court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law or family law), or even systems of law (thecourt's Scottish and Northern Irish judges). These specialisms markedly affect behavior on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists,and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UKSupreme Court is therefore to see it as a court of specialists.
Customary Rights of Farmers in Neoliberal India by Sophy K. Joseph
Publication Date: 2020-10-23
eBook Price: $145.76
Description: The objective of this work is to understand the evolutionary process of economic and legal policies that brought international regime of private property rights over the common property resources, especially seeds and plant varieties. Unbalanced model of development would increase disparity inincome and impact agricultural infrastructure development and environment sustainability. Though materialization of farmers' rights was fulfilled by a compromise arrived at between NGOs and Industry together, there are several grey areas both at the conceptual and the procedural levels thatsubordinate rights of farmers in reality. This monograph analyzes the impact of legal policy reforms during "second green revolution" phase on farmers' customary rights and livelihood, particularly in the context of the extension of private property rights to plant varieties and seeds and migrationof cultivators to the cities.
Defences to Copyright Infringement by Stavroula Karapapa
Publication Date: 2020-05-26
eBook Price: $324.00
Description: Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used andre-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance publicwelfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability byattacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EUcopyright, it invites an examination of defensive rules as an organic whole.This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps,offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights froman extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform futurelaw and policy making.
Faces of Inequality by Sophia Moreau
Publication Date: 2020-04-27
eBook Price: $259.20
Description: This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaintsby thinking of them as complaints about different ways in which they have not been treated as equals in their societies - in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good,that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society.The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive,but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.
Global Standard Setting in Internet Governance by Alison Harcourt; George Christou; Seamus Simpson
Publication Date: 2020-03-03
eBook Price: $283.50
Description: The book addresses representation of the public interest in Internet standard developing organisations (SDOs). Much of the existing literature on Internet governance focuses on international organisations such as the United Nations (UN), the Internet Governance Forum (IGF) and the InternetCorporation for Assigned Names and Numbers (ICANN). The literature covering standard developing organisations has to date focused on organisational aspects. This book breaks new ground with investigation of standard development within SDO fora. Case studies centre on standards relating to privacyand security, mobile communications, Intellectual Property Rights (IPR) and copyright. The book lifts the lid on internet standard setting with detailed insight into a world which, although highly technical, very much affects the way in which citizens live and work on a daily basis. In doing this itadds significantly to the trajectory of research on Internet standards and SDOs that explore the relationship between politics and protocols.The analysis contributes to academic debates on democracy and the internet, global self-regulation and civil society, and international decision-making processes in unstructured environments. The book advances work on the Multiple Streams Framework (MS) by applying it to decision-making in non-stateenvironments, namely SDOs which have long been dominated by private actors. The book is aimed at academic audiences in political science, computer science communications and science and technology studies as well as representatives from civil society, the civil service, government, engineers andexperts working within SDO fora. It will also be accessible to students at the postgraduate and undergraduate levels.
Google Rules by Joanne Elizabeth Gray
Publication Date: 2020-02-20
eBook Price: $259.20
Description: Blockbuster lawsuits, artificial intelligence, backroom deals, millions in lobbying dollars and grand Silicon Valley idealism - the story of Google and copyright law is action-packed.By tracing Google's legal, commercial and political negotiations over copyright, Google Rules explains how Google became one of the most influential actors in the history of digital copyright. Today, Google reigns over a technological and economic order that features empowered private companies andrapidly changing technological conditions, and how to protect the public interest in this environment is one of the most pressing policy questions of our time. In Google Rules, Joanne E. Gray provides pragmatic strategies for taking up this challenge.Google Rules is a book that will appeal to anyone interested in understanding Google's accumulation of power, the recent history of digital copyright, or the future of our digital lives under the influence of an extremely powerful and motivated technology company.
The Brussels Effect by Anu Bradford
Publication Date: 2020-03-02
eBook Price: $105.26
Description: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage.Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, andleading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their globalinfluence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations.The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
The Politics of Federal Prosecution by Christina L. Boyd; Michael J. Nelson; Ian Ostrander; Ethan D. Boldt
Publication Date: 2021-02-12
eBook Price: $324.00
Description: Federal prosecutors have immense power and discretion to decide when to bring criminal charges, what plea bargains to offer, and how to implement the federal government's legal priorities in their districts. While U.S. Attorneys take pains to emphasize their independence, we know relativelylittle about the extent to which politics colors federal prosecutorial staffing and decision making. The Politics of Federal Prosecution draws upon a wealth of data from 1990s to the present to examine the interplay of political factors and federal prosecution. First, the authors find thatcongressional and presidential politics affect who becomes federal prosecutors and how long those individuals serve. Second, the book demonstrates that signals of presidential and congressional preferences, along with local priorities, affect key prosecutorial decisions: whether to bringprosecutions, how to approach plea bargaining negotiations, and when to utilize criminal asset forfeiture to cripple criminal activities. In short, the book demonstrates that politics affects the behavior of U.S. Attorneys at nearly every stage of their service.
The Right to Erasure in EU Data Protection Law by Jef Ausloos
Publication Date: 2020-06-23
eBook Price: $283.50
Description: This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting "data subject empowerment" in the information society through the lens of the right to erasure ("right to be forgotten") in Article 17 of the GeneralData Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Art.8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights,and what the practical challenges are to effective data subject rights.The book starts with exploring the data-driven asymmetries that characterise individuals' relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy,dignity and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR's right toerasure does play a meaningful role in furthering the fundamental right to data protection (Art. 8 Charter) in the face of power asymmetries online.