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1. Hallim pŏphak = Forum [ - 2019]

Journal/Periodical
v. ; 25 cm
Book
viii, 260 pages ; 23 cm
  • Preface and acknowledgments
  • In defense of abortion rights / Kate Greasley
  • Abortion as human rights violation / Christopher Kaczor
  • A reply to Kaczor / Kate Greasley
  • A reply to "In defense of abortion rights" / Christopher Kaczor
  • A short reply to the reply / Kate Greasley
  • A short reply to Greasley / Christopher Kaczor.
This book features opening arguments followed by two rounds of reply between two moral philosophers on opposing sides of the abortion debate. In the opening essays, Kate Greasley and Christopher Kaczor lay out what they take to be the best case for and against abortion rights. In the ensuing dialogue, they engage with each other's arguments and each responds to criticisms fielded by the other. Their conversational argument explores such fundamental questions as: what gives a person the right to life? Is abortion bad for women? What is the difference between abortion and infanticide? Underpinned by philosophical reasoning and methodology, this book provides opposing and clearly structured perspectives on a highly emotive and controversial issue. The result gives readers a window into how moral philosophers argue about the contentious issue of abortion rights, and an in-depth analysis of the compelling arguments on both sides.
(source: Nielsen Book Data)9781107170933 20180319
Law Library (Crown)
Book
xxii, 350 pages ; 25 cm.
  • Introduction
  • The General Agreement on Tariffs and Trade 1947 (GATT 1947) and the World Trade Organization (WTO) : why join the club?
  • Membership of the GATT 1947 and the WTO
  • The scope of the multilateral trading system
  • The status of protocols of accession in the legal framework of the WTO
  • Mapping exercise : methodology and typology : commitments on specific matters
  • Mapping exercise : the results
  • Concluding remarks.
This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional `rules' and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system. Taking an integrated approach, the author combines the results of a Mapping Exercise of all 36 Protocols of accession with a legal analysis of the decisions by the WTO Dispute Settlement Body involving Protocols of Accession. In doing so, this book provides the first comprehensive analysis of the issue of Member-specific `WTO-Plus' commitments in Protocols of Accession. Whilst addressing the institutional and historical aspects of the WTO accession process, it provides a vital update to the existing scholarship on WTO accession, offering coverage of all accessions including those of Afghanistan, Kazakhstan and Liberia. Accession to the World Trade Organization will be invaluable reading for academics interested in WTO accession practice, as well as lawyers, practitioners and government officials in the field of WTO accession.
(source: Nielsen Book Data)9781788112581 20180423
Law Library (Crown)
Book
xxi, 440 pages : illustrations ; 24 cm
  • Administrative law in France / Jean-Bernard Auby, Lucie Cluzel-Metayer and Lamprini Xenou
  • Administrative law in Germany / Hermann Pünder and Anika Klafki
  • Administrative law in the Netherlands / René Seerden and Daniëlle Wenders
  • Administrative law in the United Kingdom / Katharine Thompson
  • European administrative law / Rolf Ortlep and Rob Widdershoven
  • Administrative law in the United States / Jeffrey S. Lubbers
  • Comparative remarks / René Seerden.
This book offers a comparative introduction, by the editor and native authors, to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format, worked out in the introduction by the editor, are: 01. What is administrative law? 02. Who is administrating? 03. Which instruments are available for the administration? 04. Which (formal) rules/principles (written or unwritten) govern administrative actions? 05. Access to (administrative) courts against administrative actions/decisions. 06. Enforcement by the administration. 07. Financial liability of the administration for (un)lawful actions. 08. Recent and future developments and conclusions. 09The final chapter offers comparative remarks by the editor.
Law Library (Crown)
Book
xxiii, 180 pages ; 25 cm.
  • Introduction
  • Can one speak in one's voice? : one's voice and the critique and resistance of the law : a review of the literature
  • The ambivalence of wounds, consent and the integrity of the body
  • Objectification and voice in sex work
  • Moving away from justice as resentment.
"Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice."-- Provided by publisher.
Law Library (Crown)
Book
xii, 239 pages : illustrations ; 24 cm
  • Immaturity and reduced culpability
  • Kids will be kids ... until they grow out of it
  • Criminal culpability
  • Desert for wrongdoing
  • The weight of a legal reason
  • Giving kids a break
  • Who else is owed a break?
  • What breaks are owed?
Law Library (Crown)
Book
xi, 157 pages ; 24 cm.
  • People's courts and legal philosophy
  • Spotlight on people's courts
  • Law
  • Judging
  • Punishment.
Green Library
Book
xxi, 198 pages : illustrations ; 24 cm
  • Foreword
  • Introduction
  • The legal landscape
  • The four models
  • Jurisdiction ratione personae : the foreign investor
  • Mass proceedings and settlement agreements
  • Jurisdiction ratione materiae : the substantive rights
  • Enforcement
  • Conclusion.
Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.
(source: Nielsen Book Data)9781108415729 20180409
Law Library (Crown)
Book
xii, 314 pages : illustrations ; 24 cm
  • Foreword / Dirk De Meulemeester
  • Introduction / Maud Piers and Christian Aschauer
  • Survey on the present use of ICT in international arbitration / Maud Piers and Christian Aschauer
  • Revolutionizing technologies and the use of technology in international arbitration : innovation, legitimacy, prospects and challenges / Mohamed S. Abdel Wahab and Ethan Katsh
  • The security and reliability of electronic communication : with a critical note on the human factor / Philipp Schaumann and Max Burger-Scheidlin
  • Case study : the institutional perspective / Erik Schäfer
  • Case study : the legislator's perspective / Annet van Hooft and Julia Kroes-Lastochkina
  • Case study : the practitioner's perspective / Sophie Nappert and Paul Cohen
  • E-arbitration agreements and e-awards : arbitration agreements concluded in an electronic environment and digital arbitral awards / Reinmar Wolff
  • Building on OArb attributes in pursuit of justice / Amy J. Schmitz
  • Legislating for an effective and legitimate system of online consumer arbitration / Pablo Cortés and Tony Cole
  • Arbitrators and their online identity / Niuscha Bassiri
  • How online sources affect counsel strategies and behavior in arbitration / Marc D. Veit
  • Conclusion / Maud Piers and Christian Aschauer.
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
(source: Nielsen Book Data)9781108417907 20180416
Law Library (Crown)
Book
xxxvii, 553 pages : illustrations ; 25 cm
  • William Schabas : portrait of a scholar/activist extraordinaire / Roger S. Clark
  • Part I. Human Rights
  • Human rights and international criminal justice in the twenty-first century : the end of the post-WWII phase and the beginning of an uncertain new era / M. Cherif Bassiouni
  • William Schabas, the Canadian Charter of Rights and Freedoms and international human rights law / Thomas A. Cromwell and Bruno Gélinas-Faucher --- The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty / Emmanuel Decaux
  • The politics of sectarianism and its reflection in questions of international law and state formation in the Middle East / Kathleen Cavanaugh and Joshua Castellino
  • International law and the death penalty : a toothless tiger, or a meaningful force for change? / Sandra L. Babcock
  • The UN optional protocol on the abolition of the death penalty / Marc Bossuyt
  • The right to life and the progressive abolition of the death penalty / Christof Heyns, Thomas Probert, and Tess Borden
  • Progress and trend of the reform of the death penalty in China / Zhao Bingzhi
  • Criminal law philosophy in William Schabas's scholarship / Margaret M. deGuzman
  • Is the ICC focusing too much on non-state actors? / Frédéric Mégret
  • The principle of legality at the crossroads of human rights and international criminal law / Shane Darcy
  • Revisiting the sources of applicable law before the ICC / Alain Pellet
  • The ICC as a work in progress, for a world in process / Mireille Delmas-Marty
  • Legacy in international criminal justice / Carsten Stahn
  • Torture by private actors and 'gold plating' the offence in national law : an exchange of emails in honour of William Schabas / Andrew Clapham and Paola Gaeta
  • Secrets and surprises in the Travaux préparatoires of the genocide convention / Hirad Abtahi and Philippa Webb
  • Perspectives on cultural genocide : from criminal law to cultural diversity / Jérémie Gilbert
  • Crimes against humanity : repairing Title 18's blind spots / Beth Van Schaack
  • A new global treaty on crimes against humanity : future prospects / Leila Nadya Sadat
  • Justice outside of criminal courtrooms and jailhouses / Mark A. Drumbl
  • Toward greater synergy between courts and truth commissions in post-conflict contexts : lessons from Sierra Leone / Charles Chernor Jalloh
  • International criminal tribunals and cooperation with states : Serbia and the provision of evidence for the Slobodan Milosěvić trial at the ICTY / Geoffrey Nice and Nevenka Tromp
  • The arc toward justice and peace / Mary Ellen O'Connell
  • The maintenance of international peace and security through prevention of atrocity crimes : the question of cooperation between the UN and regional arrangements / Adama Dieng
  • Law and film : curating rights cinema / Emma Sandon
  • The role of advocates in developing international law / Wayne Jordash
  • Bill the blogger / Diane Marie Amann.
Law Library (Crown)
Book
188 pages : illustrations ; 23 cm
  • Introduction
  • Art, authorship, and authorization
  • When the work is finished
  • The artist and the institution
  • Boundary issues : reconsidering the artist's sanction
  • Taking pictures : appropriation art, copyright, and intentionalism
  • Conclusion.
Art and Authority explores the sources, nature, and limits of artistic freedom. K. E. Gover draws upon real-world cases and controversies in contemporary visual art to offer a better understanding of artistic authorship and authority. Each chapter focuses on a case of dispute over the rights of an artist with respect to his or her artwork.
(source: Nielsen Book Data)9780198768692 20180514
Law Library (Crown)
Book
x, 227 pages : illustrations ; 24 cm.
  • Introduction: Copyright law and subjectivity : a relational approach
  • Connected origins : locating relationality in copyright history
  • From the piratical to the creative user
  • Creative practice and relational authorship
  • Locating the user and reforming the law
  • Reimagining the pirate : approaching infringement relationally
  • Producing the pirate : the courtroom and cultural power
  • Conclusion.
An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework. In current debates over copyright law, the author, the user, and the pirate are almost always invoked. Some in the creative industries call for more legal protection for authors; activists and academics promote user rights and user-generated content; and online pirates openly challenge the strict enforcement of copyright law. In this book, James Meese offers a new way to think about these three central subjects of copyright law, proposing a relational framework that encompasses all three. Meese views authors, users, and pirates as interconnected subjects, analyzing them as a relational triad. He argues that addressing the relationships among the three subjects will shed light on how the key conceptual underpinnings of copyright law are justified in practice. Meese presents a series of historical and contemporary examples, from nineteenth-century cases of book abridgement to recent controversies over the reuse of Instagram photos. He not only considers the author, user, and pirate in terms of copyright law, but also explores the experiential element of subjectivity -- how people understand and construct their own subjectivity in relation to these three subject positions. Meese maps the emergence of the author, user, and pirate over the first two centuries of copyright's existence; describes how regulation and technological limitations turned people from creators to consumers; considers relational authorship; explores practices in sampling, music licensing, and contemporary art; examines provisions in copyright law for user-generated content; and reimagines the pirate as an innovator.
(source: Nielsen Book Data)9780262037440 20180403
Law Library (Crown)
Book
xliii, 539 pages : form ; 26 cm
  • Introduction to the Bermuda market
  • Introduction to the Bermuda form
  • Conflict of law issues : substantive issues vs procedural issues
  • Law of construction and interpretation clause
  • The coverage clause
  • The occurence first reported trigger
  • Ocurrence definition
  • Integration and aggregation
  • Requirement of notice of claim
  • Attachment point, underlying coverage, limits of liability
  • Exclusions from coverage
  • Conditions under the Bermuda form
  • Misreprensentation and nondisclosure
  • Use of the Bermuda form for reinsurance
  • The arbitration agreement
  • Team assembly
  • Commencement of the arbitration
  • Pre-hearing activities
  • Preparation for and conduct of the hearing
  • Awards
  • Interest and costs
  • Challenges and enforcement
  • The arbitrators' ethical duties.
Providing analysis and interpretation on the construction of the Bermuda Form this new and updated second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it.
(source: Nielsen Book Data)9780198754404 20180611
Law Library (Crown)
Book
xvii, 229 pages ; 25 cm.
  • Foreword / Katja Franko
  • Big data : what is it and why does it matter for crime and social control? / Aleš Završnik
  • Paradoxes of privacy in an era of asymmetrical social control / Frank Pasquale
  • Big data : big ignorance / Renata Salecl
  • Machines, humans and the question of control / Zoran Kanduč
  • Data collection without limits : automated pricing and the politics of framelesness / Mark Andrejevic
  • Algorithmic patrol : the futures of predictive policing / Dean Wilson
  • Algorithmic crime control / Aleš Završnik
  • Subjectivity, algorithims and the courtroom / Mojca M. Plesničar and Katja Šugman Stubbs
  • Judicial oversight of the (mass) collection and processing of personal data / Primož Gorkič
  • Big data and economic cyber espionage : an international law perspective / Maruša T. Veber and Maša Kovič Dine.
From predictive policing to self-surveillance to private security, the potential uses to of big data in crime control pose serious legal and ethical challenges relating to privacy, discrimination, and the presumption of innocence. The book is about the impacts of the use of big data analytics on social and crime control and on fundamental liberties. Drawing on research from Europe and the US, this book identifies the various ways in which law and ethics intersect with the application of big data in social and crime control, considers potential challenges to human rights and democracy and recommends regulatory solutions and best practice. This book focuses on changes in knowledge production and the manifold sites of contemporary surveillance, ranging from self-surveillance to corporate and state surveillance. It tackles the implications of big data and predictive algorithmic analytics for social justice, social equality, and social power: concepts at the very core of crime and social control. This book will be of interest to scholars and students of criminology, sociology, politics and socio-legal studies.
(source: Nielsen Book Data)9781138227453 20180129
Law Library (Crown)
Book
xvi, 262 pages : illustrations ; 24 cm.
  • Biodiversity, genetic resources and intellectual property / Charles Lawson and Kamalesh Adhikari
  • Reconceptualising access : moving beyond the limits of international biodiversity laws / Kamalesh Adhikari
  • Aligning means and ends to benefit indigenous peoples under the Convention on Biological Diversity and the Nagoya Protocol / Edwin Bikundo
  • Banking on a patent solution for sharing Antarctica’s ex situ genetic resources / Fran Humphries
  • Nomenclature as a standardized metadata system for ordering and accessing information about plants / Charles Lawson
  • Free prior informed consent : mere politics or meaningful change? / Paul Martin
  • The Trans-Pacific Partnership and sustainable development : access to genetic resources, informed consent, and benefit sharing / Matthew Rimmer
  • The limits of ABS laws : why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections / Daniel Robinson, Margaret Raven and John Hunter
  • Reshaping the international access to genetic resources and benefit sharing process? : overcoming resistance to change and correction / Manuel Ruiz Muller
  • Certified ABS : the Union for Ethical Biotrade and the use of trade and certification marks to encourage and facilitate behaviour change / Jay Sanderson, Leanne Wiseman and Drossos Stamboulakis.
Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.
(source: Nielsen Book Data)9781138298620 20180618
Law Library (Crown)
Book
300 pages ; 25 cm
  • Introduction
  • Blockchains, bitcoin, and decentralized computing platforms
  • Characteristics of blockchains
  • Digital currencies and decentralized payment systems
  • Smart contracts as legal contracts
  • Smart securities and derivatives
  • Tamper-resistant, certified, and authenticated data
  • Resilient and tamper-resistant information systems
  • The future of organizations
  • Decentralized autonomous organizations
  • Blockchain of things
  • Modes of regulation
  • Code as law
  • Conclusion.
How does Bitcoin mine money from 1s and 0s? Through blockchain, a tool for creating secure, decentralized peer-to-peer applications. The technology has been compared to the Internet in impact. But disintermediation blockchain's greatest benefit cuts out oversight along with middlemen. Blockchain and the Law urges the law to catch up.
(source: Nielsen Book Data)9780674976429 20180508
Law Library (Crown)
Book
xiii, 180 pages ; 24 cm.
  • Introduction: 'A manufacturer making the tools he was to work with'
  • 'Orders indispensably necessary'
  • 'This John Milton deserves hanging'
  • 'The eternal rules of justice and reason ought to be a law'
  • 'I have begun a sketch'
  • 'The average price of peace and war'
  • 'The tactics of political assemblies form the science'
  • 'This beautiful political order.'
Upon declaring independence from Britain in July 1776, the United States Congress urgently needed to establish its credentials as a legitimate government that could credibly challenge the claims of the British Crown. In large measure this legitimacy rested upon setting in place the procedural and legal structures upon which all claims of governmental authority rest. In this book, Aschenbrenner explores the ways in which the nascent United States rapidly built up a system of parliamentary procedure that borrowed heavily from the British government it sought to replace. In particular, he looks at how, over the course of twenty-five years, Thomas Jefferson drew upon the writings of the Chief Clerk of the British Parliament, John Hatsell, to frame and codify American parliamentary procedures. Published in 1801, Jefferson's Manual of Parliamentary Practice for the Use of the Senate of the United States presents rules, instances, citations and commentary as modern readers would expect them to appear, quoting Hatsell and other British authorities numerous times. If the two nations suffered any unpleasant relations in the First War for American Independence - Aschenbrenner concludes - one would be hard pressed to detect it from Jefferson's Manual. Indeed, direct comparison of the House of Commons and the Continental Congress shows remarkable similarities between the ambitions of the two institutions as they both struggled to adapt their political processes to meet the changing national and international circumstances of the late-eighteenth century.
(source: Nielsen Book Data)9781472472656 20171218
Law Library (Crown)
Book
xx, 329 pages : illustrations ; 24 cm
  • 1. Building Regulations and Urban Form: An Introduction [Terry R. Slater and Sandra M.G. Pinto] 2. Islamic Building Regulations: The Fourteenth-Century Tunis Book and its Counterparts [Mohd Dani Muhamad ] 3. Regulation of Private Building Activity in Medieval Lisbon [Sandra M.G. Pinto] 4. Policies and Regulations in the Forming of Late-Medieval Trogir (Croatia) [Ana Plosnic Skaric] 5. Streets and the Commune: Italy in the Late Middle Ages and the Renaissance [David Friedman] 6. Building Regulations and Urban Development in Antwerp and Bruges, 1200-1700 [Heidi Deneweth] 7. Building Regulations and Urban Development in Late Medieval Elburg and Early Modern Amsterdam [Jaap Evert Abrahamse and Reinout Rutte] 8. Early Modern Building Regulation in England: Midland Towns, 1400-1800 [Terry R. Slater] 9. Beautifying the City and Improving the Streets with Building Permits: Lyons, 1580-1770 [Bernard Gauthiez and Olivier Zeller] 10. Risk, (In)Security, Regulation and Architecture in Nouvelle France [Andre Belanger and Anne Bordeleau] 11. The Politics of Health: Urban Regulation and Planning in the Spanish Colonies During the Eighteenth Century [Claudia Murray] 12. Regulating the Growth of Dublin, 1750-1850 [Rob Goodbody] 13. The Development of Ottoman Urban Regulations: Istanbul, 1700-1900 [Isil Cokugras and C. Irem Gencer] 14. Construction Regulations in Athens, 1833-1864: Creating a Metropolis [Dora Monioudi-Gavala] 15. Building Regulations in Livonian Towns and Their Impact on Local Urban Space 1697-1904 [Mart Siilivask].
  • (source: Nielsen Book Data)9781472485373 20171127
Towns are complicated places. It is therefore not surprising that from the beginnings of urban development, towns and town life have been regulated. Whether the basis of regulation was imposed or agreed, ultimately it was necessary to have a law-based system to ensure that disagreements could be arbitrated upon and rules obeyed. The literature on urban regulation is dispersed about a large number of academic specialisms. However, for the most part, the interest in urban regulation is peripheral to some other core study and, consequently, there are few texts which bring these detailed studies together. This book provides perspectives across the period between the high medieval and the end of the nineteenth century, and across a geographical breadth of European countries from Scandinavia to the southern fringes of the Mediterranean and from Turkey to Portugal. It also looks at the way in which urban regulation was transferred and adapted to the colonial empires of two of those nations.
(source: Nielsen Book Data)9781472485373 20171127
Green Library
Book
xi, 384 pages : illustrations ; 26 cm
  • 1. Introduction Hoi Kong and Ron Levy-- Part I. Deliberating Under Constitutions: 2. Reasoned administration and democratic legitimacy - reflections on American hybrid Jerry L Mashaw-- 3. Deliberative constitutionalism in the national security setting Mary B. DeRosa and Mitt C. Regan, Jr-- 4. Deliberative constitutionalism through the lens of the administrative state David Dyzenhaus-- 5. Deliberative ideals and constitutionalism in the administrative state Genevieve Cartier-- 6. Parliamentary human rights vetting and deliberation George Williams and Daniel Reynolds-- 7. Constitutional deliberation in the legislative process Gabrielle Appleby and Anna Olijnyk-- 8. Deliberative federalism Robyn Hollander and Haig Patapan-- 9. Separation of powers and deliberative democracy Danny Gittings-- 10. Dialogue, deliberation and human rights Alison L. Young-- Part II. Comprehensive Views - Deliberating under and about Constitutions: 11. The deliberative constitution at common law T. R. S. Allan-- 12. The role of snap judgments in constitutional deliberation - a dialectical equilibrium model Jonathan Crowe-- 13. Deliberating about constitutionalism Mark D. Walters-- 14. Compromise in deliberative constitutionalism Daniel Weinstock-- 15. Constitutional change through deliberation Pavlos Eleftheriadis-- 16. In defence of empirical entanglement - the methodological flaw in Waldron's case against judicial review Theunis Roux-- 17. Deliberative constitutionalism: an empirical dimension Eric Ghosh-- 18. The jury system as a cornerstone of deliberative democracy John Gastil and Dennis Hale-- 19. Ideas of constitutions and deliberative democracy and how they interact John Parkinson-- 20. Kickstarting the bootstrapping - Jurgen Habermas, deliberative constitutionalisation, and the limits of proceduralism Simone Chambers-- Part III. Deliberating about Constitutions: 21. Deliberative democracy and the doctrine of unconstitutional constitutional amendments Joel Colon-Rios-- 22. Squaring the circle? Bringing deliberation and participation together in processes of constitution-making Silvia Suteu and Stephen Tierney-- 23. Mini-publics and deliberative constitutionalism Stephen Elstub and Gianfranco Pomatto-- 24. Popular constitutionalism and constitutional deliberation Gideon Sapir-- 25. Constitutional reform and the problem of deliberation - building a 'civics infrastructure' for meaningful debate Sarah Sorial-- 26. Deliberative or performative? Constitutional reform proposals and the politics of public engagement Chris Shore and David V. Williams-- 27. The 'elite problem' in deliberative constitutionalism Ron Levy-- Afterword Simone Chambers.
  • (source: Nielsen Book Data)9781108418201 20180611
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
(source: Nielsen Book Data)9781108418201 20180611
Law Library (Crown)
Book
xxvii, 502 pages ; 26 cm
  • Preface / Herbert Hovenkamp
  • Introduction / Jorge L. Contreras
  • Standards and the global economy / Knut Blind and Brian Kahin
  • No standards for standards : understanding the ICT standards-development ecosystem / C. Bradford Biddle
  • How SSOs work : unpacking the mobile industry's 3GPP standards / Kirti Gupta
  • Unilateral conduct and standards / Daryl Lim
  • Concerted action in standard-settling / George S. Cary and Daniel P. Culley
  • European Union competition law, intellectual property law and standardization / Damien Geradin
  • Economics of patents and standardization : network effects, hold-up, hold-out, stacking / Timothy S. Simcoe and Allan L. Shampine
  • Collective rights organizations : a guide to benefits, costs and antitrust safeguards / Richard J. Gilbert
  • Origins of FRAND licensing commitments in the United States and Europe / Jorge L. Contreras
  • Form and variation in FRAND and other standards licensing commitments / Jorge L. Contreras
  • Enforcing FRAND and other SDO licensing commitments / Jorge L. Contreras
  • Non-discrimination and FRAND commitments / Jorge L. Contreras and Anne Layne-Farrar
  • Essentiality and standards-essential patents / Jorge L. Contreras
  • Transfers of standards essential patents / Marc "Sandy" Block
  • The disclosure of patents and licensing terms in standards development / Gil Ohana and C. Bradford Biddle
  • U.S. antitrust aspects of FRAUD disputes / Renata B. Hesse and Frances Marshall
  • EU competition law analysis of FRAND disputes / Nicolas Petit
  • FRAND (and industrial policy) in China / D. Daniel Sokol and Wentong Zheng
  • FRAND in Korea / Sang-Seung Yi and Yoonhee Kim
  • Standard essential patents in Japan / Yuko Kimijima
  • FRAND in India / J. Gregory Sidak
  • Alternative dispute resolution and FRAND disputes / Jorge L. Contreras and David L. Newman
  • Judicially determined FRAND royalties / Norman V. Siebrasse and Thomas F. Cotter
  • Injunctive relief and the FRAND commitment in the United States / J. Gregory Sidak
  • Injunctive relief in the EU : intellectual property and competition law at the remedies stage / Pierre Larouche and Nicolo Zingales
  • Standard essential patents at the United States International Trade Commisson / Elizabeth I. Winston
  • The anti-suit injunction : a transnational remedy for multi-jurisdictional SEP litigation / Jorge L. Contreras and Michael A. Eixenberger.
Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
(source: Nielsen Book Data)9781107129665 20180205
Law Library (Crown)