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Whalen v Roe (1977)
Paul Wragg, Peter Coe, and Ronald J. Krotoszynski Jr.
This new addition to Hart's acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law.
The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages.
The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States' privacy jurisprudence on the development of privacy law), Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided. -
Civil Procedure: The Institutional Pragmatist
Ryan Vacca, Ann Bartow, Elizabeth G. Porter, and Heather Elliott
Provides a sweeping overview of Justice Ginsburg’s jurisprudence
The passing of Justice Ruth Bader Ginsburg in September of 2020 marked a grim day for women and the broader progressive legal community. In her twenty-seven years on the Supreme Court and thirteen years on the Court of Appeals, she was most known for her trailblazing work on gender equality; however, she also influenced the direction of a multitude of legal subject areas during her long tenure. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg is a critical examination of Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her many rulings.
In this edited volume, Ryan Vacca and Ann Bartow bring together leading scholars of American law to analyze Justice Ginsburg’s voting patterns and written opinions from the perspectives of subject matter experts. Each essay highlights areas of the law in which Justice Ginsburg had an outsized interest or impact. Chapters delve into topics such as gender equality, voting rights, the death penalty, civil and criminal procedure, employment discrimination, freedom of expression, bankruptcy, environmental law, immigration, and taxation. Together, they form a colorful tapestry that illustrates a long and celebrated judicial career, displaying Ginsburg’s immense influence on areas of the law well beyond women’s rights.
The Jurisprudential Legacy of Justice Ruth Bader Ginsburg shares profound insights into its subject’s unique legal philosophy, and reminds us what we had and whom we lost with her passing. -
Augustinian Property
Robert Cochran Jr., Michael Moreland, and William S. Brewbaker III
This volume examines the relationship between Christian legal theory and the fields of private law.
Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law.
While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
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Strategic trade controls
Eric P.J. Myjer, Thilo Marauhn, and Daniel H. Joyner
This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law.
Split across nine thematic parts, this comprehensive Handbook goes beyond the pure encyclopaedic approach by providing analytical and doctrinal guidance. Chapters provide extensive analysis of international arms control law, addressing both conventional weapons and new technologies, contextualising arms control law and politics through identifying actors, forums and regulatory approaches. The impressive list of contributors also explore geographical zones of arms control including Africa, Asia, Europe and Latin America.
Investigating both complex theoretical and recent practical approaches into arms control law, this Research Handbook will be an ideal read for interested students and academics as well as practitioners involved in conflict, security and international law. -
Competition Law as Collective Bargaining Law
Sanjukta Paul, Shae McCrystal, Ewan McGaughey, Nathan Tankus, and Luke Herrine
As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.
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Judge Frank M. Johnson Jr. and His Extended Law Clerk Family: Reminiscences on Working for a Living Profile in Courage
Todd C. Peppers and Ronald J. Krotoszynski Jr.
In his earlier books, In Chambers and Of Courtiers and Kings, Todd C. Peppers provided an insider’s view of the Supreme Court from the perspective of the clerks who worked closely with some of its most important justices. With Of Courtiers and Princes, he concludes the trilogy by examining the understudied yet equally fascinating role of lower court clerks—encompassing pioneering women and minorities.
Drawing on contributions from former law clerks and judicial scholars—including an essay by Ruth Bader Ginsburg—the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk’s role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.
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Fame, Infamy, and Canonicity in American Constitutional Law
Austin Sarat, Lawrence Douglas, Martha M. Umphrey, and Paul Horwitz
An analysis of how problematic laws ought to be framed and considered
From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be—whether Dred Scott v. Sanford or Plessy v. Ferguson—the stories we tell of the law’s failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens’ conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other.
Law’s Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law’s complicity in evil. -
Big Data and the electoral process in the United States: Constitutional constraint and limited data privacy regulations
Normann Witzleb, Moira Paterson, Janice Richardson, and Ronald J. Krotoszynski Jr.
In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated.
The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters’ privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data.
Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.
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Privacy, remedies and comity: The emerging problem of global injunctions and some preliminary thoughts on how best to address it
András Koltay, Pázmány Péter, Paul Wragg, and Ronald J. Krotoszynski Jr.
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.
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