Welfare law
In: International library of essays in law and legal theory : Second series
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In: International library of essays in law and legal theory : Second series
In: https://doi.org/10.7916/D83N2D1P
In 2009, the National Hockey League ("NHL"), National Football League ("NFL") and National Basketball Association ("NBA") became the first major North American sports leagues to announce social media restrictions. The major sports leagues have similar social media policies, the broadest of which extends longstanding copyright infringement warnings to social media websites like Facebook and Twitter. The more narrow social media restrictions limit only playby- play uploading by players, personnel and coaches, while the broader restrictions purport to prohibit real-time uploading of play-by-play game approximations by all Internet users. The NFL, which has always barred play-by-play descriptions of games in progress, extended that ban to social media platforms, requesting that social media play-by-play game accounts be time delayed and limited in amount, in order to protect the game coverage of accredited licensees. The leagues' request that social media platforms not host game time play-by-play approximations raises questions regarding sports leagues' enforcement of their intellectual property rights. Given that billions of social media users around the globe are able to upload from virtually any public sporting event or broadcast using mobile devices, the sports leagues' social media policies face issues of enforceability. Contract and property law supply the legal framework for leagues' authority to control the uploading capabilities of sports arena attendees. Employment law forms the legal backbone of the leagues' uploading restrictions covering players, coaches, officials and league personnel. Yet, by purporting to extend traditional copyright law to social media sites, and by stating that play-by-play approximations might infringe accredited rights holders, the new restrictions potentially reach millions of independent users. As the sports leagues may face challenges as to whether social media restrictions are legal and enforceable, the leagues might look to copyright law through theories of secondary liability and the Digital Millennium Copyright Act (DMCA). Alternatively, the leagues can look to state law, with claims tailored to navigate around the so-called "hot news" preemption doctrine.
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"What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai"--
In: International law, crime and politics
Thinking beyond borders : reflections on law and disciplinarity / Robert J. Beck -- The relative autonomy of international law or the forgotten politics of interdisciplinarity / Jan Klabbers -- Speed limits and speed bumps : the fictions and functions of international law / Kennan Ferguson -- Cyberwar : building a normative and legal-based approach for cyberdeterrence / Catherine Lotrionte -- Why are failed states' borders stable against external predation? / Tanisha M. Fazal -- The movement of skilled labor and knowledge across borders / Shubha Ghosh -- Wikipedia art : at the borders of (Wiki) law, lawyering, lobbying and power / Scott Kildall and Nathaniel Stern -- International law, state will, and the standard of civilization in Japan's assertion of sovereign equality / Douglas Howland -- Cyberstates? / Peter Sands -- Ghosts, vampires and the global shaping of internet policy / Monroe E. Price -- Internet privacy across the borders : "trading up" or a "race to the bottom?" / Michael Zimmer -- Communication, Niklas Luhmann, and the fragmentation debate in international law / Friedrich Kratochwil
In: Biomedical law and ethics library
chapter 1 Research ethics and law in context -- part Part I Universal themes -- chapter 2 How did we get here? A brief history of research ethics -- chapter 3 Ethics in theory and practice -- chapter 4 Legal liabilities of RECs -- chapter 5 Consent -- chapter 6 Confidentiality issues in research ethics -- part Part II Specialist concerns -- chapter 7 Researching vulnerable groups -- chapter 8 Research involving human tissues and body parts -- chapter 9 Conclusions – threads, themes and thorny issues.
Preliminary Material -- 1 Introduction -- 2 Theoretical Framework -- 3 Cyber-Threat -- 4 Cyber-Space -- 5 Cyber-Strikes and Jus ad Bellum -- 6 Humanitarian Law Perspective -- 7 Cyber-Terrorism -- 8 Role of International Organizations -- 9 Conclusion -- Appendix -- Bibliography -- Index.
In: https://doi.org/10.7916/D8ZW1K94
Entities treated as partnerships for tax purposes cover the spectrum from small Mom and Pop operations to mammoth enterprises owned by sophisticated partners. Designing tax law to govern this diverse array of entities is a challenging exercise since rules that are well suited to provide simplicity for entities at the small, unsophisticated end of the continuum may be poorly designed for preventing manipulation by entities at the large, sophisticated end of the continuum. However, a careful examination of how tax rules can best promote simplicity reveals opportunities for reform that would make the law more appropriate for entities all along the continuum.
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"Climate disasters demand an integration of multilateral negotiations on climate change, disaster risk reduction, sustainable development, human rights and human security. Via detailed examination of recent law and policy initiatives from around the world, and making use of a capability approach, Rosemary Lyster develops a unique approach to human and non-human climate justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. She comprehensively analyses the complexities of climate science and their interfaces with the law- and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) to the Twentieth Conference of the Parties in Lima (COP 20) in December 2014"--
What is the legal status of abortion and the human fetus? In an extended analysis of mainstream arguments involving abortion and the status of 'personhood' that is often applied to the fetus, this book provides novel answers to some of the core 'pro-life' arguments in favour of recognizing fetal personhood and moral rights
Ocean acidification (OA) is a global problem with profoundly negative environmental, social and economic consequences. From a governance perspective, there is a need to ensure a coordinated effort to directly address it. This study reviews 90 legislative documents from 17 countries from the European Economic Area (EEA) and the UK that primarily border the sea. The primary finding from this study is that the European national policies and legislation addressing OA is at best uncoordinated. Although OA is acknowledged at the higher levels of governance, its status as an environmental challenge is greatly diluted at the European Union Member State level. As a notable exception within the EEA, Norway seems to have a proactive approach towards legislative frameworks and research aimed towards further understanding OA. On the other hand, there was a complete lack of, or inadequate reporting in the Marine Strategy Framework Directive by the majority of the EU Member States, with the exception of Italy and the Netherlands. We argue that the problems associated with OA and the solutions needed to address it are unique and cannot be bundled together with traditional climate change responses and measures. Therefore, European OA-related policy and legislation must reflect this and tailor their actions to mitigate OA to safeguard marine ecosystems and societies. A stronger and more coordinated approach is needed to build environmental, economic and social resilience of the observed and anticipated changes to the coastal marine systems. ; peer-reviewed
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In: Routledge Research in Corporate Law Ser.
Cover -- Half Title -- Series Page -- Title -- Copyright -- Contents -- List of tables -- Acknowledgements -- Overview of the book -- Author biography -- 1 Introduction -- Background of the problem -- Purpose of the study -- Theoretical framework -- Theory of the firm - how does the corporation function? -- Nexus of contracts -- Definition of terms -- Background -- Shareholder primacy model -- Stakeholder theory -- Shareholder voice -- Workers' rights -- Anti-sweatshop movement and supply chain management -- Hard law" versus "soft law" -- Governance -- The intersection of CSR and workers' rights -- Ratcheting labour standards -- Reflexive labour law -- Self-regulation -- Private regulation -- Current Canadian scheme -- Activists and targets -- Bibliography for Chapter 1 -- 2 Codes of conduct -- Shareholder-focused governance -- The divergent paths of corporate law and labour law -- Origins of the corporation and the corporate shield -- Amendments to the CBCA -- Shareholder primacy model -- Corporations as citizens -- Governance gap? Or governance gaping hole? -- Empirical studies -- How are codes implemented? -- Codes - Corporation A, Corporation B, and Corporation C -- Corporation A -- Corporation B -- Corporation C -- Increasing labour standards on a worldwide level -- Model code of conduct -- Bibliography for Chapter 2 -- 3 Changes to corporate governance -- Expansion of fiduciary duties -- Summary of Peoples -- Summary of BCE -- The CBCA and directors' duties -- New corporate forms of organization - Benefit Corporations -- Fiduciary duties -- What comes after Peoples and BCE? -- Ethical consumption -- International regulation -- Actual impact on the ground -- Codes of conduct versus IFAs -- Greenwashing, or failure to have actions that back up claims -- Globalization and self-regulation -- Being co-opted/selling out.
"Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law"--
In: The China quarterly, Volume 182, p. 301-318
ISSN: 1468-2648
This article examines the significance of the Legislation Law (lifa fa), passed by the National People's Congress (NPC) in March 2000. The Legislation Law represents an attempt by the NPC to rationalize China's legal system, establish a uniform legislative hierarchy and consolidate its authority over other important lawmaking institutions. The politics behind the Law's development therefore offer insight into the balance of power in China's lawmaking arena, revealing how key institutions – the NPC, the State Council and local people's congresses – engaged in bureaucratic bargaining over fundamental questions of their existence and authority within an evolving system. While the promulgated Law reveals the mixed results of this complex process, it also makes possible a more open and consultative legislative process by sanctioning the emergence of public legislative hearings. Now gaining currency around China, hearings are a new development and could be an important step in institutionalizing more meaningful citizen participation in the legislative process.