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The Federal Sentencing Guidelines for Organizations, enacted in 1991, specify a reduced fine for a corporation convicted of a regulatory offense if the corporation had an 'effective compliance and ethics program' at the time of the offense. Prior to their enactment, very few Fortune 500 companies had such programs; within a few years, they all did. This sudden growth points to a financial motive. After all, if compliance had been driven by ethics, these programs should have already been in place. Ethics of Risk Management highlights how corporate practice tends to focus on the firm's financial risks, leaving little to no role for ethical reflection. The book finds this financial approach to compliance lacking and brings ethical issues to the fore. Drawing on multiple case studies, it offers an alternative approach to compliance that tempers risk management with a nuanced jurisprudential view coupled with robust notions of the firm's political obligations.
The Cambridge Handbook of the Law of Networks, Platforms and Utilities offers a comparative and multi-sector analysis of the most important industries shaping people's lives, including transportation, communications, finance, energy, technology, and social infrastructure. Enterprises in these sectors are unlike other businesses because they form the basic infrastructure for commerce and society. Network, platform, and utility (NPU) enterprises tend toward monopoly or oligopoly, and often involve structurally unequal bargaining power because of economies of scale, network effects, special skills, and high capital costs. As a result, NPU enterprises around the world have generally been governed by distinctive legal regimes: public ownership, public utility regulation and oversight, or public options alongside private businesses. The Cambridge Handbook of the Law of Networks, Platforms and Utilities brings together leading scholars to capture the central themes and concepts in the field and describe how countries around the world govern NPU enterprises.
Citizenship deprivation has made a striking return to the political and legal landscapes of liberal democracies. How can we account for this return and the subsequent normalisation of the powers? What explains 'resistances' to this return and variation between state practices? More broadly, what do we learn about citizenship deprivation when we read it through a constitutional lens? This book addresses these key questions through an in-depth, historically grounded, comparative analysis of France and the UK. In the book, citizenship deprivation is revealed not as a narrow counter-terrorism tool but as a racialised migration mechanism embedded in constitutional architectures and rooted in colonial legacies. By connecting citizenship regimes to state's constitutional structures, this book also shows how constitutional stories about citizenship infuse the behaviours of state actors (providing legitimation frames and discourses) and how these stories tie to states' structures, eventually accounting for variations between state practices.
The book examines how civil disputes are resolved in England and Wales, where courts, alternative dispute resolution (ADR), and digital technologies increasingly interact within a pluralist justice system. Part I analyses adjudicative processes-particularly litigation and arbitration-as mechanisms for delivering substantive justice. Part II explores consensual and hybrid approaches, including negotiation, mediation, and ombudsman schemes, focusing on their adaptability and emphasis on early settlement. Part III considers technological innovation, including Online Dispute Resolution, digital courts, and artificial intelligence, and how these developments are reshaping access to justice. Tracing the convergence of adjudicative, consensual, and digital processes, the book argues that technology is dissolving traditional boundaries between court-based and ADR methods. It advances a conceptual and practical framework for twenty-first-century civil dispute resolution, integrating doctrinal, comparative, and policy insights, and it positions justice, settlement, and technology as the core pillars of analysis and reform.
This Element explores the politics of invasive alien species (IAS) through the lens of critical heritage studies, highlighting how species management intersects with cultural values, identity, and notions of belonging. Focusing on two Swedish case studies-the Garden Lupin and the Signal Crayfish-it examines how environmental and heritage discourses are entangled in practices of conservation and tradition. IAS management is framed as 'heritage work,' shaped by emotional attachments, historical narratives, and affective alliances. By treating IAS not only as ecological threats but as cultural phenomena, the Element challenges dominant ecological paradigms, emphasizing the socio-political dimensions of nature conservation. It argues that understandings of 'native' and 'non-native' are shaped by memory, tradition, and temporality, often leading to conflicting interpretations of landscape and heritage. This interdisciplinary approach offers new insights into the cultural dynamics underpinning environmental governance in the Anthropocene. This title is also available as Open Access on Cambridge Core.
This new edition offers a timely and compelling account of how development can be reclaimed as a central purpose of international trade law. Written for scholars, students, policymakers, and practitioners, it explains why a stable rule-based trading system remains essential for economic transformation and poverty reduction. The book provides a comprehensive and accessible guide to the core rules and disciplines of WTO law, while also confronting the systemic crisis facing the World Trade Organization today—marked by dispute settlement paralysis, growing unilateralism, and the resurgence of industrial policy in developed countries that increasingly conflicts with established trade rules. By combining rigorous legal analysis with a development-centered perspective, the book highlights both the challenges and the possibilities for renewing multilateralism. It ultimately proposes realistic pathways for reform, making it an essential resource for understanding the future of the world trading system and its role in global development.
Incidents at Sea in US Diplomacy and International Law chronicles America's maritime struggles from 1798 to 2025, blending riveting historical narratives with in-depth legal analysis. This book chronicles pivotal maritime incidents in US history from 1798 to 2025, exploring US naval and diplomatic efforts to shape the law of the sea. Spanning 14 chapters, the book dissects key conflicts with France, Great Britain, the Barbary States, Germany, Russia, North Korea, North Vietnam, Cambodia, Libya, China and the Houthi forces in Yemen. These disputes highlight themes of freedom of navigation, innocent passage, neutral rights and protection of commerce, high seas freedoms, and gray zone coercion, armed attack and self-defense at sea. The incidents range from historical conflicts over neutral rights to contemporary challenges to freedom of navigation, which is a cornerstone of the US alliance system with NATO and key allies, including Australia, the Philippines, Korea and Japan.
In the wake of wars and revolutions, fragile societies increasingly turn to interim constitutions to enact their visions for a brighter future. With more than 150 interim constitutions enacted globally since 1789, an understanding is needed of these legal instruments and how well they perform. As the first major comparative study, Interim Constitutions: Legal Nature and Performance fills this void. This authoritative guide for practitioners and scholars addresses how interim constitutions compare to other constitutional reform options, when they are used and why, their functions, drafting processes and main design features, negotiation challenges, and the benefits they yield – including whether they lead to final (non-interim) constitutions, as well as greater peace and democracy. Dozens of hypotheses in the state of the art on achieving successful transitions are tested and disrupted, leading to novel and useful insights for improving future practice. This title is also available as open access on Cambridge Core.
This Element explores the colonial foundations and imperial design of offshore finance, arguing that tax havens are not anomalies but central to global capitalism. Centering the Caribbean and Puerto Rico, it shows how colonial legality and geopolitical subordination produced zones marked by a logic of inclusive exclusion, where secrecy, corporate power, and tax injustice are normalized. Drawing on TWAIL and law and political economy, the Element introduces the concepts of colonial state of exception and the corporate citizen as key legal formations of the colonial offshore economy. It examines how secrecy, financial services, and fintech enable corporations to externalize harm and evade accountability, and how tax reforms, like the OECD's Pillar Two and the UN Tax Convention, often reproduce colonial and racialized hierarchies. The Element concludes with a call to abolish the colonial offshore economy and to uplift grassroots movements across the Caribbean that demand transparency, sovereignty, and justice.
As Anglo-American legal systems face unsustainable levels of imprisonment, this book provides an ethical rationale for moving in a direction that pragmatic considerations already press us toward: reducing punitiveness. Every mainstream moral justification for criminal sanctions is subject to formidable objections, creating “moral uncertainty” about whether any single justification can adequately guide policymakers. Instead, this book defends 'The Convergence Approach' -- basing penal policy on areas of agreement between theories. This provides an ethical “safety net” so that even if one's preferred theory is flawed, another theory could still justify the policy. The book also proposes a presumption against imposing sanctions of a severity that a reasonable theory would deem excessive, and emulating less punitive Nordic systems. It discusses moral/legal principles applicable across many jurisdictions, providing accessible, up-to-date, interdisciplinary, and topical discussions of the prisons crisis, penal theories, moral psychology, crime prevention, and victims' and offenders' rights.
Many believe that the power to start wars is the most important issue of constitutional war powers-and perhaps the most important issue of constitutional law altogether. Yet this fixation on the power to start wars obscures equally important questions. Who has the power to prepare for war, deter it, conduct it, decide its aims, or end it? Although many democracies wrestle with these constitutional questions, the United States stands apart in that no other written constitution has had to function over time across such dramatic transformations in national military power and radical swings in strategy for wielding it. To show the many ways that political leaders have adapted law-in war, in peace, and in the gray zones between-this book weaves together the stories of American constitutional war powers, military history, and grand strategy from the Revolutionary War to possible conflicts of the future. This title is also available as open access on Cambridge Core.
This textbook provides an interdisciplinary overview of international human rights issues, offering international coverage (especially the Global South). Fully revised and updated, this second edition considers the philosophical foundations of human rights, explores the interpretive difficulties associated with identifying what constitutes human rights abuses, and evaluates various perspectives on human rights. It then analyzes institutions that strive to promote and enforce human rights standards including the United Nations system, regional human rights bodies, and domestic courts. It also discusses a wide variety of substantive human rights issues including genocide, torture, capital punishment and other forms of punishment. In particular, it covers understudied topics such as socio-economic rights, cultural rights and environmental rights, and emerging issues, such as right to health and human rights and technology. It focuses on the rights of marginalized groups including children's rights, rights of persons with disabilities, women's rights, labor rights, Indigenous rights, and LGBTQ+ rights.
The Lutheran pastor Dietrich Bonhoeffer courageously resisted the Nazi regime. Yet, while inspired by sincere faith, his resistance was also politically short-sighted. In this study, Douglas G. Morris explores how Bonhoeffer's fear of the regime's assault on Christianity led him to neglect the liberal democratic value of equal justice under law. While opposing Nazi racism against Jews, Bonhoeffer always believed that they must eventually convert. Scorning Hitler's rule as godless, Bonhoeffer imagined in its place a secular government under Christ that was authoritarian, hierarchical, and anti-egalitarian. Thus, Bonhoeffer had little to offer Jews, other marginalised groups, or political dissenters. Based on a careful probing of extensive secondary literature and a meticulous analysis of Bonhoeffer's own writing, this study demonstrates how his faith both inspired his anti-Nazism and constrained his political understanding.
Surrogacy is a rapidly evolving global phenomenon that raises profound legal, ethical, and social questions. This book offers a pioneering Rights-Based Pyramid Approach, balancing adults' rights through liberty, equality, and vulnerability, to secure the best interests of children at the centre. Drawing on extensive empirical research in Sri Lanka, alongside comparative analysis of India and the UK, it provides a uniquely context-sensitive perspective on how surrogacy laws can and should respond to real-world challenges. A distinctive feature of this book is its examination of how one country's laws impact surrogacy both within and beyond national borders, shaping practices, markets, and policy responses across regions. Written in clear, accessible language, the book bridges academic and practical debates, making it essential reading for students, researchers, and professionals in law, bioethics, gender studies, social policy, sociology, psychology, and public health, as well as policymakers and practitioners seeking a comprehensive yet practical guide.
Founded in 1948, the World Council of Churches (WCC) was an important voice for human rights during the establishment of the postwar liberal international order. Bastiaan Bouwman demonstrates how its Christian human rights advocacy underwent a dramatic change over the following decades, from its initial focus on religious freedom to its later emphasis on social justice. By the 1970s, the WCC had moved to the left, focusing on causes such as the struggle against white minority rule in Southern Africa, right-wing repression in Latin America and Asia, and domestic and international inequalities. Drawing on extensive archival research, Bouwman sheds much needed light on a half century of contest over the concept of human rights. He challenges the notion that the rise of human rights was either a strictly secular or liberal phenomenon and shows how the WCC's advocacy interacted with major political developments such as decolonization and the Cold War.
This Element explores the theory and practice of political constitutions, being those arrangements that prioritize political processes and institutions to secure democratic governance, the rule of law, and human rights. It traces this idea across three inquiries into how to describe a constitution, how to design a constitution, and what is political about a constitution. Throughout, the relationships between political community, disagreement, and institutional design are explored and political constitutions are defended as pluralistic and resilient understandings of democratic participation and political equality. This helps to explain why political constitutions are well placed to resist the challenge of populism.
Invented in Sweden in 1844, the safety match illuminated the lives of people around the world. The labels adorning these matchboxes were equally illuminating. There was a time when matchboxes were ubiquitous, carried in the pockets of people around the world. For this reason, the humble matchbox was embraced as a vehicle for influence. As the home of the safety match, Swedish matchbox labels became a valuable commodity in and of themselves. Swedish match factories were not just selling safety matches. They were selling a message to the people of Sweden and around the world. Strike! brings this forgotten world to life, showcasing hundreds of full colour Swedish matchbox labels. It also serves as a reminder of intellectual property law's pervasive historical influence, deeply interwoven into all facets of our lives.
Disclosure laws aim to empower individuals to make better decisions, yet in practice they often overwhelm readers with excessive and inaccessible information. Disclosure Laws in the Digital Era explains why traditional regulatory approaches fall short and how technological advances offer new opportunities to evaluate and improve disclosure quality. Through a comprehensive study of the U.S. franchise disclosure regime, Uri Benoliel demonstrates how AI and big data standards can assess whether disclosures genuinely help prospective franchisees understand key risks. Benoliel proposes a forward-looking framework that integrates technology into disclosure design, offering more reliable and scalable methods for regulatory oversight. Combining doctrinal analysis, empirical insights, and policy recommendations, the book offers valuable insights for scholars of disclosure, franchising, consumer protection, and contract law, as well as for policymakers, regulators, and legal practitioners seeking to strengthen transparency and informed decision-making in the digital era.
This is the first book-length study on the history of the trial by jury in India, filling a major gap in the histories of law, colonialism, and empire as well as the history of the jury trial. James Jaffe adopts a legal-historical approach to tell the story of the English jury trial in India, from its introduction in the 1860s to its abolition in the 1970s, its backers and detractors (including K.N. Katju and Gandhi, respectively), and how the debate reflected wider political and social concerns, in colonial and postcolonial Britain and India.