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The Law and Governance of Decentralised Business Models
This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon o...
We Are Not Dreamers
The widely recognized “Dreamer narrative” celebrates the educational and economic achievements of undocumented youth to justify a path to citizenship. While a well-intentioned, strategic tactic to garner political support of undocumented youth, it has promoted the idea that access to citizenship and rights should be granted only to a select group of “deserving” immigrants. The contributors to We Are Not Dreamers—themselves currently or formerly undocumented—poignantly counter the Dreamer narrative by grappling with the nuances of undocumented life in this country. Theorizing those excluded from the Dreamer category—academically struggling students, transgender activists, and qu...
Astray
A meandering celebration of the indirect and unforeseen path, revealing that to err is not just human—it is everything. This book explores how, far from being an act limited to deviation from known pathways or desirable plans of action, wandering is an abundant source of meaning—a force as intimately involved in the history of our universe as it will be in the future of our planet. In ancient Australian Aboriginal cosmology, in works about the origins of democracy and surviving disasters in ancient Greece, in Eurasian steppe nomadic culture, in the lifeways of the Roma, in the movements of today’s refugees, and in our attempts to preserve spaces of untracked online freedom, wandering is how creativity and skills of adaptation are preserved in the interests of ongoing life. Astray is an enthralling look at belonging and at notions of alienation and hope.
The Long Arc of Legality
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Regulating the Platform Economy
This book analyses novel and important issues relating to the emergence of new forms of work resulting from the introduction of disruptive technologies in the enterprises and the labour market, especially platform work. The first part of the book examines the platform economy and labour market, to address the more general challenges that the recent labour platforms pose for employment and the labour market, while the second part of the book considers the implications of the rise of different ways of work in the enterprises due to the incorporation of technology in a global context. Providing a rich analysis and evaluation of the numerous theoretical and practical regulatory problems arising ...
Contract Theory
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory the...
Comparative Law
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Discrimination and Employment Law
Presenting the issues of discrimination in employment in a multifaceted manner, this book examines the standards on anti-discrimination law for employment at international and EU levels and those deriving from national jurisdictions. Bringing together top scholars in the field of anti-discrimination employment law, this book explains the conceptual and theoretical foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges in the Netherlands, Poland, Germany, the UK, Australia, New Zealand, Canada, India, Switzerland and Israel. Identifying emerging trends in anti-discrimination employment law, this book offers a co...
New Suits
"Time to Leave Law-Law Land ... and Head Back Into the Jungle" Fuelled by advancing technology, new business models, and altered client expectations, the legal industry faces unprecedented change across its entire value chain. Unfortunately, many legal professionals fear the technology train and the convergence of other fields with law. They see legaltech, AI, and bots like "lions and tigers and bears oh my." We (the curators and authors of this book) see opportunity. Although the future may require us to put on "new suits"—it represents an enormous opportunity for lawyers to reinvent ourselves for our own and our clients' benefit. Filled with chapters written by experts in the intersectio...
Deference in International Commercial Arbitration
In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference ar...
