Use Case 4 in Chapter 7 explores the regulation of MDTs in the context of employment monitoring under the General Data Protection Regulation (GDPR), the Equality Acquis, the Platform Work Directive (PWD), and the Artificial Intelligence Act (AIA). Article 88 GDPR serves as a useful foundation, supported by valuable guidance aimed at protecting employees from unlawful monitoring practices. In theory, most MDT-based practices discussed in this book are already prohibited under the GDPR. Additionally, the EU’s robust equality acquis can effectively address many forms of discrimination in this sector. The AIA reiterates some existing prohibitions related to MDT-based monitoring practices in the workplace. However, a core challenge in employment monitoring lies in ensuring transparency and enforcement. There has long been a call for a lex specialis for data protection in the employment context, which should include a blacklist of prohibited practices or processing operations, akin to the one found in the PWD. Notably, processing and inferring mind data should be included among the practices on this blacklist.

This chapter offers a new way of understanding the workings of the Indian Constituent Assembly. We move beyond studying the script, or the published Constituent Assembly debates, making visible the labour, infrastructure and ideas that went into the staging and the atmospherics of the assembly itself as a public and a lived space. The procedural rituals, the pulse of the debates, and the physical setting of the Constituent Assembly building enabled and shaped the constitution-making process. We follow a few actors from the Constituent Assembly as they moved across different assemblies in India and abroad while the constitution was still in the making. In doing so, we reveal the Indian constitution’s part in an emerging international regime of human rights and practice of comparative constitutional law and reconstruct a sense of the everyday ordinary life of the Assembly, which was deeply connected with the Indian public and the world outside.

At the core of regulating cumulative environmental impacts is understanding and articulating what and who we want to protect or restore from conditions of unacceptable cumulative harm. This central thing being protected or restored is the "matter of concern." Rules have an important role to play in articulating and formalizing the matter of concern. This chapter begins by analyzing how matters of concern vary, from an individual species, to a sacred site, to environmental justice, and how this variation affects how difficult it is to conceptualize the matter of concern. Addressing cumulative environmental problems requires rules to help in conceptualization by providing for articulating the environmental and human aspects of the matter of concern; describing its spatial boundaries; specifying cumulative threshold conditions, any further change from which would be unacceptable; and providing for adapting these things while avoiding "shifting baselines" that mask cumulative harm.

Chapter 2 examines the history of Leo Kari and other Scandinavian volunteers in the International Brigades. It takes issue with the long-standing depiction of the voluntary army in Spain as ’Comintern mercenaries’ or as essentially the sole invention of international communism. In addition, the chapter follows the trajectories of different members of the resistance movements in Denmark and Norway and examines why historians have typically overlooked the fact that the core of World War II sabotage groups were nearly all former volunteers of the civil war who used their military expertise from Spain to position themselves as leaders of the resistance. Most former war volunteers were completely marginalised in the Cold War climate emerging after 1947–1948, yet some of them still insisted on a third military adventure. The anti-colonial struggles were seen as a new opening, as is evident from Leo Kari’s renewed efforts to mobilise a voluntary army for the Algerian war of liberation in the early 1960s.

This chapter reconsiders the road novel, not as a genre of Americanness and the frontier West, but rather as the privileged genre of US hegemony. Specifically, the chapter argues that the road novel does important work in critically mapping the expanding and shifting commodity frontiers of US hegemony, but through the lens and ideologies of automobility and what Matthew Huber has identified as the petro-driven ‘American way of life.’ To illustrate these claims, “Oil, Commodity Frontiers and the Materials of the Road Novel” offers a brief survey of three emblematic road novels that emerged during crucial moments of capitalist transition within the arc of US hegemony: Jack Kerouac’s paradigmatic western road novel, On the Road (1956) and the petroization of American life, Iva Pekárková’s post-socialist transition road novel, Truck Stop Rainbows (1989), and Samantha Schweblin’s neo-developmentalist soya-frontier road novel, Fever Dreams (2017). Taken together, the chapter reads the road novel as following the arc of US hegemony.

Publicity politicians explored new media strategies. Rather than through traditional secret methods of managing the press, politicians now personally sought the limelight. A ‘will to publicity’ defined their politics: they published their political communications – seeking political legitimacy by showing the public how they handled political crises – and made political speeches that the press amplified internationally. A fiery speech that animated a local audience, however, risked upsetting a distant audience of newspaper readers the next day. Consequently, political aides intervened in speeches’ publication. Since politicians and the press considered speeches important political acts, they became crucial to exercising power in a mass mediated environment. Mediated speeches enabled politicians to connect with the people directly, bypassing parliament and bureaucracy. Developments in photography and film further enabled politicians to put their person at the centre of public attention. Sketches and cartoons of politicians had a longer history, but they could now be printed and distributed faster and on an industrial scale.

Chapter 5 deconstructs the Supreme Court’s Buchanan opinion by conceptualizing Rhetorical Neutrality as a central tenet of post-racial constitutionalism: how the Court ignores or obscures history (historical myth); defines discrimination so narrowly that it’s virtually impossible to prove (definitional myth); and rationalizes inequality as a natural outcome of a neutral system (rhetorical myth). The Court fixates on protecting private-property and contracts rights against new government regulations during the Lochner era and uses an impoverished reading of the Fourteenth Amendment to prohibit only expressly race-specific classifications of property regulation. The Court crossed the color line of the early 20th century to protect both Blacks and whites from racial zoning, a superficial victory for racial justice. The chapter explores how the Supreme Court’s narrow jurisprudence has played out in landmark land-use cases of the past 100+ years, sustaining structural inequality by advancing post-racial constitutionalism through ostensibly neutral rulings that perpetuate subordination. The chapter concludes with an analysis of current housing legislation and opinions on disparate impact.

This chapter introduces the merchants who are the principal focus of this study and the sources on which the study is based. It also forecasts the argument that will be made about the class identity these merchants fashioned.

This final chapter ties together the lessons gleaned from the preceding analyses of statutory and contractual reversion models to present broad principles for lawmakers to apply when considering implementing reversion mechanisms in their jurisdictions. These principles are pitched at a suitably abstract level, cognisant of the different issues faced across different creative markets and jurisdictions. They cover elements like protecting reversion mechanisms against subversion by rightsholders and ensuring reversion mechanisms are industry specific. We close the chapter, and the book, with a provocation as to what an effective reversion system might look like, drawn from Giblin’s prior work in ‘A New Copyright Bargain’ (2018).

Among the many transformations from the first to the third Critique, one concerns the role of imagination which is no longer connected to the problems of representation (Vorstellung) but with exhibition or presentation (Darstellung). The focus is no longer the reproduction in the mind of the appearances we experience, but reflection on the relation between the phenomenal and the noumenal levels. In § 59 of the third Critique, Kant speaks of a symbolic hypotyposis, that is, an exhibition on the part of imagination intended to prove the reality of our ideas. Indeed, subjectio ad aspectum and hypotyposis mean giving visibility to ideas. The fulcrum of the chapter will be an examination of how, in his understanding of the concept ‘symbol’ in KU, § 59, Kant retrieves the tradition of ancient rhetoric while he at the same time reverses its constitutive tenets. Imagination no longer has to do with the faculty for images, but with the exhibition of the supersensible in a sensible medium. Kant’s move prepares, but is essentially foreign to, the further development in German Romanticism that progressively makes symbol the equivalent of poetry and the coincidence of finite and infinite.

This chapter takes up a theme that has underlain all previous chapters: were these men capitalists or how are they positioned in the history of capitalism? It also explores the question of whether these merchants formed a class and, if so, in what sense. I argue that they did form a class based on their role in the economy, but that their identity was fashioned by drawing on other ideological registers as well. The complex “class identity” they constructed allowed them entry into their period’s moral economy. It also provided later merchants with a model that would enable a narrative about their own self-worth.

From the early twentieth century, African work was reshaped by the emergence of the Spiritual Baptist Faith. Chapter 9 focuses on border-crossing devotees who spread the new religion throughout several locales in the Eastern Caribbean, returning to Grenada with a reworked version of the Spiritual Baptist Faith marked by South Asian and non-Christian European characteristics. The incorporation of the Spiritual Baptist Faith into African work practice indicates some ways in which liberated African cultures were invigorated by African Caribbean practices.