Lawlessness and economics Dixit, Avinash K; Dixit, Avinash K
2004., 20111023, 2011, 2004, 2004-01-01, 20040101, Volume:
1
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How can property rights be protected and contracts be enforced in countries where the rule of law is ineffective or absent? How can firms from advanced market economies do business in such ...circumstances? In Lawlessness and Economics, Avinash Dixit examines the theory of private institutions that transcend or supplement weak economic governance from the state.
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Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded ...and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases—which Daniel J. Solove calls “digital dossiers”—has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy.
The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world.
The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assess the ...constitutional significance of the three primary elements of the United Kingdom’s response to the possibility of terrorism and other phenomena which threaten the security of the state: the body of counter-terrorism legislation which has grown up in the last decade and a half, the evolution of the law of investigatory powers, and (to the extent relevant to the domestic constitution) the law governing international military action and co-operation. On the basis of this, it demonstrates that national security as a good to be protected and promoted in contemporary Britain is reflected not merely in the emergence of a discrete body of law by which it is protected at home and abroad, but that the concern with national security has leaked into other areas of public law—areas which are not directly linked to terrorism and legal response to it, but which become (whether by accident or design) implicated in these endeavours, with significant and potentially grave consequences for the constitutional order generally. A renewed and strengthened concern for national security since 9/11 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution. Volume 4 in Hart Studies in Security and Justice
Various legal approaches have been taken internationally to improve global access to essential medicines for people in developing countries. This book focuses on the millions of people suffering from ...AIDS, tuberculosis and malaria. Beginning with the AIDS campaign for antiretroviral (ARV) drugs, Sharifah Sekalala argues that a soft law approach is more effective than hard law by critiquing the current TRIPS flexibilities within the World Trade Organization. She then considers how soft law has also been instrumental in the fight against malaria and tuberculosis. Using these compelling case studies, this book explores lawmaking on global health and analyses the viability of current global health financing trends within new and traditional organisations such as the United Nations, the World Health Organization, UNAIDS, UNITAID and The Global Fund. This book is essential reading for legal, development, policy and health scholars, activists and policymakers working across political economy, policy studies and global health studies.
The Australian Royal Commission Into Institutional Responses to Child Sexual Abuse has identified multiple systemic failures to protect children in government and non-government organizations ...providing educational, religious, welfare, sporting, cultural, arts and recreational activities. Its recommendations for reform will aim to ensure organizations adopt more effective and ethical measures to prevent, identify and respond to child sexual abuse. However, apart from the question of what measures institutions should adopt, an under-explored question is how to implement and regulate those measures. Major challenges confronting reform include the diversity of organizations providing services to children; organizational resistance; and the need for effective oversight. Failure to adopt theoretically sound strategies to overcome implementation barriers will jeopardize reform and compromise reduction of institutional child sexual abuse. This article first explains the nature of the Royal Commission, and focuses on key findings from case studies and data analysis. It then analyzes public health theory and regulatory theory to present a novel analysis of theoretically justified approaches to the implementation of measures to prevent, identify and respond to CSA, while isolating challenges to implementation. The article reviews literature on challenges to reform and compliance, and on prevention of institutional CSA and situational crime prevention, to identify measures which have attracted emerging consensus as recommended practice. Finally, it applies its novel integration of regulatory theory and public health theory to the context of CSA in institutional contexts, to develop a theoretical basis for a model of implementation and regulation, and to indicate the nature and functions of a regulatory body for this context.
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The article is devoted to the study of some problematic aspects of the legislative consolidation of the legal status of a person exercising control of a maritime autonomous surface vessel. The author ...considers the issues of the need to determine the scope of the functions performed by a given person at the legislative level and his responsibility, a set of rights and obligations, features of vocational training, retraining and certification, requirements for competencies, peculiarities of the work duties implementation, as well as the necessary nomenclative apparatus in the legislation of the Russian Federation. The article reveals main brief conclusions of the analysis of basic implemented measures, providing for amendments to the current legislation in the field of public relations regulation arising in the sphere of operation of autonomous maritime surface vessels and, in particular, in the sphere of the legal status of persons managing the given technical unities. Based on the current legislation analysis in the area under consideration, the author offers some recommendations for its further development, and also highlights the main areas to be regulated, considering the need for research in order to create the required rules and regulations that ensure the navigation safety in the framework of the operation of maritime autonomous surface vessels.
El presente estudio tiene como objetivo principal caracterizar la realidad de las familias monoparentales en España e identificar su reconocimiento y protección en la legislación. Para ello, en ...primer lugar, se ha realizado una revisión bibliográfica y documental que ha delimitado la conceptualización, identificado las rutas de acceso, el número de familias monoparentales entre los hogares españoles, y visibilizado las características, necesidades y dificultades de las familias monoparentales en España. En segundo lugar, se ha llevado a cabo una revisión normativa, de carácter estatal y autonómico, cuya finalidad ha sido constatar la identificación de las familias monoparentales en la legislación, el reconocimiento de sus necesidades y el apoyo gubernamental ante sus dificultades. Los resultados muestran la inexistencia de legislación específica de carácter estatal sobre la monoparentalidad en España, un desigual reconocimiento por parte de las distintas Comunidades Autónomas, y un abordaje diferenciado en cada una de ellas. Se postula como fundamental la promulgación de una ley estatal o un marco referencial sobre familias monoparentales que les otorgue entre sí iguales derechos, en cualquier parte del territorio, y respecto del resto de familias, protegiendo especialmente a los menores de edad.
Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To ...untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended. The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems -- between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Chris Marsden argues that co-regulation is the defining feature of the Internet in Europe. Co-regulation offers the state a route back into questions of legitimacy, governance and human rights, ...thereby opening up more interesting conversations than a static no-regulation versus state regulation binary choice. The basis for the argument is empirical investigation, based on a multi-year, European Commission-funded study and is further reinforced by the direction of travel in European and English law and policy, including the Digital Economy Act 2010. He places Internet regulation within the regulatory mainstream, as an advanced technocratic form of self- and co-regulation which requires governance reform to address a growing constitutional legitimacy gap. The literature review, case studies and analysis shed a welcome light on policymaking at the centre of Internet regulation in Brussels, London and Washington, revealing the extent to which states, firms and, increasingly, citizens are developing a new type of regulatory bargain.
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