Author: Guilherme Cintra Guimarães
Publisher: Routledge
ISBN: 9781032241098
Category :
Languages : en
Pages : 226
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Book Description
The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU's promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.
Author: Guilherme Cintra Guimarães
Publisher: Routledge
ISBN: 0429594623
Category : Law
Languages : en
Pages : 195
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Book Description
The rise and spread of the Internet has accelerated the global flows of money, technology and information that are increasingly perceived as a challenge to the traditional regulatory powers of nation states and the effectiveness of their constitutions. The acceleration of these flows poses new legal and political problems to their regulation and control, as shown by recent conflicts between Google and the European Union (EU). This book investigates the transnational constitutional dimension of recent conflicts between Google and the EU in the areas of competition, taxation and human rights. More than a simple case study, it explores how the new conflicts originating from the worldwide expansion of the Internet economy are being dealt with by the institutional mechanisms available at the European level. The analysis of these conflicts exposes the tensions and contradictions between, on the one hand, legal and political systems that are limited by territory, and, on the other hand, the inherently global functioning of the Internet. The EU’s promising initiatives to extend the protection of privacy in cyberspace set the stage for a broader dialogue on constitutional problems related to the enforcement of fundamental rights and the legitimate exercise of power that are common to different legal orders of world society. Nevertheless, the different ways of dealing with the competition and fiscal aspects of the conflicts with Google also indicate the same limits that are generally attributed to the very project of European integration, showing that the constitutionalization of the economy tends to outpace the constitutionalization of politics. Providing a detailed account of the unfolding of these conflicts, and their wider consequences to the future of the Internet, this book will appeal to scholars working in EU law, international law and constitutional law, as well as those in the fields of political science and sociology.
Author: Roger Cotterrell
Publisher: Edward Elgar Publishing
ISBN: 1784711624
Category : Law
Languages : en
Pages : 441
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Book Description
The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.
Author: Lilian Edwards
Publisher: Edinburgh University Press
ISBN: 1474417639
Category : Law
Languages : en
Pages : 408
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Book Description
How will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change. It focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future. It covers crucial current issues such as big data ethics, ubiquitous surveillance and the Internet of Things, and disruptive technologies such as autonomous vehicles, DIY genetics and robot agents. By using examples from popular culture such as books, films, TV and Instagram - including 'Black Mirror', 'Disney Princesses', 'Star Wars', 'Doctor Who' and 'Rick and Morty' - it brings hypothetical examples to life. And it asks where law might go next and to regulate new-phase technology such as artificial intelligence, 'smart homes' and automated emotion recognition.
Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521605946
Category : Law
Languages : en
Pages : 300
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Book Description
The text makes the case for a revival of general jurisprudence in response to globalisation.
Author: Nancy Levit
Publisher: NYU Press
ISBN: 1479882801
Category : Biography & Autobiography
Languages : en
Pages : 299
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Book Description
"In the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues"--Unedited summary from book cover.
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: Andrea Bianchi
Publisher: Oxford University Press
ISBN: 0191038229
Category : Law
Languages : en
Pages : 378
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Book Description
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Author: Giovanni De Gregorio
Publisher: Cambridge University Press
ISBN: 1009080717
Category : Law
Languages : en
Pages : 383
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Book Description
This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.
Author: Paul Lambert
Publisher: Bloomsbury Publishing
ISBN: 1526521954
Category : Law
Languages : en
Pages : 563
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Book Description
Longlisted for the 2022 Inner Temple Main Book Prize The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: - the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). - the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. - the recent Google France case. - the potential for group actions, class actions, and litigation funding, in relation to RtbF issues This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
