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283030 results in Law

Page 235 of 14152

Leaving Guantanamo
  • How One Country Brought its Men Home from the Forever Prison
  • Eric L. Lewis
  • Published online:
    20 February 2026
    Print publication:
    12 February 2026
  • This multilayered work follows a group of Guantanamo detainees from a single Middle Eastern country, Kuwait, portraying their lives before their capture, to their experience at Guantanamo, to their ultimate release and the lives they have been challenged in remaking after returning home. It is an intimate look at real men held for years without charge and without hope. Eric L. Lewis has represented Guantanamo detainees for more than twenty years and he conducted the hearings that gained the release of the last two Kuwaiti 'forever prisoners.' As part of a committed team, he spent time with these men and their families, fighting to gain access to courts and navigating the politics and diplomacy of the Global War on Terror. As well as telling the story of his time with the Guantanamo detainees, Lewis also analyzes how Guantanamo has changed American law and culture, and how its legacy continues today.

Courts, Constitutions and Karma
  • Buddhism, Law and the Practices of Legal Pluralism in Sri Lanka
  • Benjamin Schonthal
  • Published online:
    20 February 2026
    Print publication:
    19 February 2026
  • Although rarely acknowledged, Buddhist monastics are among the most active lawmakers and jurists in Asia, operating sophisticated networks of courts and constitutions while also navigating—and shaping—secular legal systems. This book provides the first in-depth study of Buddhist monastic law and its entanglements with state law in Sri Lanka from 1800 to the present. Rather than a top-down account of colliding legal orders, Schonthal draws on nearly a decade of archival, ethnographic and empirical research to document the ways that Buddhist monks, colonial officials and contemporary lawmakers reconcile the laws of the Buddha and the laws of the land using practices of legal pluralism. Comparative in outlook and accessible in style, this book not only offers a portrait of Buddhist monastic law in action, it also yields new insights into how societies manage multi-legality and why legal pluralism leads to conflict in some settings and to compromise in others.

Unfinished Business
  • Two Decades with the EU Takeover Directive
  • Edited by Susan Emmenegger, Martin Winner, Andreas Recalde Castells, Rolf Skog
  • Published online:
    20 February 2026
    Print publication:
    05 March 2026
  • The adoption of the EU Takeover Directive in 2004 was marked by significant challenges, with negotiations spanning over a decade. This book provides comprehensive analysis, practical insights, and forward-looking policy recommendations. It discusses contentious issues such as the mandatory bid rule, acting in concert, and take-over defences. It also looks at developments such as sustainability in takeovers, multiple voting rights, or new ways to structure ownership changes. It offers a clear and engaging understanding of the TOD's historical evolution, its transposition, the current institutional design of takeover authorities, conflict of law issues, and the enforcement of takeover law across the EU. And it looks at its practical impact as well as its future developments. With contributions from leading experts, international comparisons, and case studies, it is an authoritative guide to the takeover law in Europe and beyond.

Accountability Shock
  • Why Transitional Justice Prevents Criminal Wars in New Democracies
  • Guillermo Trejo, Lucía Tiscornia, Juan Albarracín
  • Published online:
    20 February 2026
    Print publication:
    05 March 2026
  • Accountability Shock presents the first systematic explanation of why some 'Third Wave' democracies developed peacefully while others became the world's most violent. The book demonstrates how robust transitional justice processes – combining truth commissions with prosecution of autocratic-era atrocities – prevent criminal violence in new democracies. By holding authoritarian specialists in violence accountable, new democracies can break state impunity, preventing them from becoming key actors in the production of large-scale criminal violence and reshaping the logic of state coercion in democracy. With in-depth analyses of six Latin American cases, the work illuminates why transitional justice is crucial for addressing state-criminal collusion in hybrid contexts. Forged out of a close collaboration between transitional justice scholars and practitioners, Accountability Shock strengthens existing connections while offering practical insights for countries still grappling with authoritarian legacies and violence.

Investment Arbitration’s Tightrope
  • Ethics, Power and Responsibility
  • Paolo Vargiu
  • Published by:
    Anthem Press
    Published online:
    20 February 2026
    Print publication:
    03 June 2025
  • This book addresses the role of investment arbitrators within the framework of international investment law, a system that tends by design to prioritise the interests of foreign investors, often at the expense of the economic and social policies of the host states. The theoretical foundations of this volume are doctrinal, and the argument presented is aimed at contributing to the scholarly debate on the reform of the system of investment law. Because of this, the book is particularly focussed on the scholarship and is aimed at an audience already familiar with the system of investment arbitration and its case-law. The author explores both the explicit and implicit duties of arbitrators and critically questions certain critiques of investment law that call for arbitrators to interpret bilateral investment treaties and free trade agreements in ways that also protect the host states’ interests. While the author argues that challenges to the legitimacy and credibility of the current investment law regime are well-founded, he also argues that arbitrators find themselves constrained by the prevailing legal framework, unable to fully balance the competing interests of foreign investors and host states. The book concludes that achieving greater equality in the investment legal regime necessitates a departure from the existing bilateral investment treaties paradigm and calls for a more just and balanced system of investment treaties. The author argues that, until such a transformation occurs, arbitrators remain compelled to apply the current applicable law, highlighting the insurmountable limitations and tensions within the present system.

National Security and International Economic Law
  • Restoring Balance
  • Olga Hrynkiv
  • Published online:
    20 February 2026
    Print publication:
    19 March 2026
  • This book offers a timely and insightful exploration of security exceptions in international trade and investment law, focusing on the growing tension between national security measures and global economic stability. Through in-depth analysis and case studies of major global players, it uncovers how current practices are shaping international trade governance. The book examines the challenges posed by overly broad or narrow security exceptions, proposes practical reforms to improve legal clarity, and suggests ways to enhance cooperation between international organizations like the WTO and the UN. Aimed at policymakers, legal professionals, and scholars, this book provides valuable recommendations to help navigate the evolving landscape of global trade, offering concrete solutions to balance national security concerns with the need for economic cooperation.

Governing AI
  • A Primer
  • Onur Bakiner
  • Published online:
    20 February 2026
    Print publication:
    19 February 2026
  • Governing AI is about getting AI right. Building upon AI scholarship in science and technology studies, technology law, business ethics, and computer science, it documents potential risks and actual harms associated with AI, lists proposed solutions to AI-related problems around the world, and assesses their impact. The book presents a vast range of theoretical debates and empirical evidence to document how and how well technical solutions, business self-regulation, and legal regulation work. It is a call to think inside and outside the box. Technical solutions, business self-regulation, and especially legal regulation can mitigate and even eliminate some of the potential risks and actual harms arising from the development and use of AI. However, the long-term health of the relationship between technology and society depends on whether ordinary people are empowered to participate in making informed decisions to govern the future of technology – AI included.

The Public Pension Crisis
  • Contractual Rights and Constitutional Limits
  • T. Leigh Anenson
  • Published online:
    20 February 2026
    Print publication:
    19 March 2026
  • A timely response to the pressing issue of public pension reform, The Public Pension Crisis explores the complex relationship between contract law and government pensions, specifically focusing on the Contract Clause and related state Pension Clauses. Analyzing over a decade of litigation, the book highlights the evolving role of pension contracts in constitutional law and examines more than 70 landmark cases to establish a clear, principled framework for determining when pension benefits qualify as contractual obligations. T. Leigh Anenson presents a unified theory to consistently treat public and private pensions, balancing the interests of employees' earned benefits with the financial challenges facing governments. Combining legal scholarship with practical policy insights, Anenson not only provides a much-needed legal perspective on pension reform but also calls for a systematic approach to addressing the retirement security crisis.

Geopolitical Union
  • Europe's Attempt to Take Back Control of Technology Regulation
  • Benjamin Farrand
  • Published online:
    20 February 2026
    Print publication:
    19 February 2026
  • From the rise of China as a technological superpower, to wars on its eastern borders, to the belief that the US is no longer a reliable ally, the European Commission sees the world as more unstable than at any other time in recent history. As such, the Commission has become the Geopolitical Commission, working to serve the interests of the Geopolitical Union. Central to many of these conflicts is technology – who produces it, where it is produced, and who controls it. These questions are central to the Commission's pursuit of digital/technological sovereignty, Europe's attempt to regain control of technology regulation. Focusing on topics such as setting technological standards, ensuring access to microchips, reining in online platforms, and securing rules for industrial data and AI, this book explores the EU's approach to lawmaking in this field; increased regulatory oversight and promotion of industrial policy at home, while exporting its rules abroad.

Proscribing peace
  • How listing armed groups as terrorists hurts negotiations
  • Sophie Haspeslagh
  • Published by:
    Manchester University Press
    Published online:
    20 February 2026
  • "Proscribing peace is the first book to take a systematic look at the impact of proscription on peace negotiations based on deep empirical research. With rare access to actors during the Colombian negotiations with the Revolutionary Armed Forces of Colombia People’s Army (FARC for its Spanish acronym), the book argues that proscription has made pre-negotiations harder and more prolonged. The book critically revisits and extends central concepts of the pre-negotiation literature: vilification, symmetry and ripeness. It develops a new concept, the ‘linguistic ceasefire’, to understand how negotiations still take place in an age of proscription. The ‘linguistic ceasefire’ has three main components: 1) recognize the conflict, 2) drop the ‘terrorist’ label and 3) uncouple the act and the actor. It removes the symbolic impact of proscription, even if de-listing is not possible ahead of negotiations. With relevance for more than half of the conflicts around the world in which an armed group is listed as a terrorist organisation, this concept can help explain why certain conflicts remain stuck in the ‘terrorist’ framing while others emerge from it. International proscription regimes criminalise both the actor and the act of terrorism. The book calls for an end to this amalgamation between acts and actors. By focussing on the acts instead, international policy would be better able to consider the violent actions both of armed groups and those of the state. By separating the act and the actor, change -- and thus peace -- become possible.

  • 7 - The effect of proscription on peace in Colombia

  • Sophie Haspeslagh
  • Book:
    Proscribing peace
    Published by:
    Manchester University Press
    Published online:
    20 February 2026, pp 168-176

  • Summary

    Chapter 7 brings together the analysis of the three empirical chapters by assessing the overall impact of proscription on the dynamics of getting to the table in the case of Colombia. It goes on to assess the lingering effects of proscription throughout the negotiation process and in the post agreement phase. It argues that the intense polarisation and stigmatisation accompanying the terrorist framing still remained an issue for the ongoing transition of the listed armed group into political life and for longer-term reconciliation efforts in Colombia.

  • Private equity involvement in long-term care: what can we learn from the United States, Ireland, and Poland?

  • Michael K. Gusmano, Małgorzata Kalbarczyk, Julien Mercille, Anna Nicińska, Nicholas O’Neill
  • Journal:
    Health Economics, Policy and Law , First View
    Published online by Cambridge University Press:
    20 February 2026, pp. 1-16
    • Article
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  • We study private equity involvement (or lack thereof) in the long-term care (LTC) sector and its recent developments in the United States, Ireland and Poland. Based on the similarities and differences across these countries’ LTC systems, which can be treated as ideal types of the variety in typical models of LTC systems, we develop a systematic approach to the analysis of private equity engagement in the sector. Specifically, we define the comparison criteria as follows: the debates about the role and place of private equity in LTC; the extent of private equity investments in LTC; the reasons for private equity entry into the LTC sector; the business strategies of private equity firms; the regulations relative to private equity in LTC. Our case study comparison demonstrates that policy responses to population aging and care needs are deeply political processes, leading to a variety of solutions shaped by institutional legacies, cultural contexts, and the power dynamics between states, markets, and civil society.

  • 1 - Tying the act to the actor: A short history of international proscription

  • Sophie Haspeslagh
  • Book:
    Proscribing peace
    Published by:
    Manchester University Press
    Published online:
    20 February 2026, pp 15-28

  • Summary

    Chapter 1 argues that 9/11 and the passing of UN Security Resolution 1373 was a turning point that embedded proscription regimes deeply in the international system. The global reframing of a whole range of protracted armed conflicts as wars against terrorists has affected local conflict dynamics and their possible resolution. As the chapter goes on to explain, this shift did not emerge overnight and there were a number of antecedent concepts that laid the ground for it, but it was the first UN Resolution to invoke the right to self-defence (Article 51 of Chapter VII) against a non-state armed group.

  • 4 - The ‘linguistic ceasefire’

  • Sophie Haspeslagh
  • Book:
    Proscribing peace
    Published by:
    Manchester University Press
    Published online:
    20 February 2026, pp 76-109

  • Summary

    Chapter 4 explores the processes of vilification and de-vilification by mapping and analysing the representations each conflict party – the Colombian government and the FARC – made of the other over a 20-year period. The chapter examines the language used, the associations made and how that evolved over time during two pre-negotiation phases leading up to the Caguán and Havana negotiations. The chapter argues that before proscription, each conflict party was able to react to opportunities fluidly and shift language accordingly. Following proscription, de-vilification gets stickier as altering characterisations becomes harder and takes more time. This is especially true of the government, which, having vilified its opponent in an extreme way, cannot simply switch directly to de-vilification. First it has to normalise its vilification – a concept described as a ‘linguistic ceasefire’.

Page 235 of 14152