Perhaps no kind of regulation is more common or less useful than mandated disclosure-requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the ...doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well.More Than You Wanted to Knowsurveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?
Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite.
Timely and provocative,More Than You Wanted to Knowtakes on the form of regulation we encounter daily and asks why we must encounter it at all.
Research using genetic data raises various concerns relating to privacy protection. Many of these concerns can also apply to research that uses other personal data, but not with the same implications ...for failure. The norms of exclusivity associated with a private life go beyond the current legal concept of personal data to include genetic data that relates to multiple identifiable individuals simultaneously and anonymous data that could be associated with any number of individuals in different, but reasonably foreseeable, contexts. It is the possibilities and implications of association that are significant, and these possibilities can only be assessed if one considers the interpretive potential of data. They are missed if one fixates upon its interpretive pedigree or misunderstands the meaning and significance of identification. This book demonstrates how the public interest in research using genetic data might be reconciled with the public interest in proper privacy protection.
In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed ...by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become.
Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt?Tainted Witnessexamines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While ...the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia.Abortion Law in Transnational Perspectiveoffers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead.
The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order.
Contributors:Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
The recent financial crisis proved that pre-existing arrangements for the governance of global markets were flawed. With reform underway in the USA, the EU and elsewhere, Emilios Avgouleas explores ...some of the questions associated with building an effective governance system and analyses the evolution of existing structures. By critiquing the soft law structures dominating international financial regulation and examining the roles of financial innovation and the neo-liberal policies in the expansion of global financial markets, he offers a new epistemological reading of the causes of the global financial crisis. Requisite reforms leave serious gaps in cross-border supervision, in the resolution of global financial institutions and in the monitoring of risk originating in the shadow banking sector. To close these gaps and safeguard the stability of the international financial system, an evolutionary governance system is proposed that will also enhance the welfare role of global financial markets.
What are the component parts of successful energy law and policy for nuclear energy in the 21st century?
Read the introduction for free now (pdf)
Nuclear power has been a consideration and part of ...energy policies of many countries across the world since its emergence as an electricity provider after the Second World War. Nuclear energy is a low-carbon energy source and therefore can contribute to reducing the effects of climate change. However, it is also faced with issues of high start-up costs, risk and waste disposal.
Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focusses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy.
About the Author
Raphael Heffron is a Lecturer in Law at the University of Leeds, an Associate Researcher with the Energy Policy Research Group, University of Cambridge and a Policy Fellow in the Policy Fellows Network at the Centre for Science and Policy, University of Cambridge. He is a trained Barrister-at-Law and was called to the Bar in July 2007 in the Republic of Ireland.
Raphael's research interests are in energy law and policy, and in particular: electricity markets, energy subsidies, low carbon energy, energy justice and Arctic energy law. He has published in many energy law and policy journals such as:Oil, Gas and Energy Law;International Energy Law Review;Journal of World Energy Law and Business;Technology Forecasting and Social Change;Energy PolicyandApplied Energy.
Visit Raphael J. Heffron's page at the University of LeedsVisit Raphael J. Heffron's page at the Energy Policy Research Group, University of Cambridge
In WTO Law and Trade Policy Reform for Low-Carbon Technology
Diffusion , Zaker Ahmad puts a spotlight on the crucial
importance of dismantling market barriers and offering incentives
to improve clean ...technology access and diffusion across borders. To
that end, the author argues for a synergistic co-development of the
international trade and climate legal regimes. Two case studies -
one on carbon pricing, another on official export credit support -
place the theoretical arguments in a practical trade policy
setting. The emerging doctrine and principle of Common Concern of
Humankind serves as the key theoretical and structural foundation
of the work. A useful read for anyone interested in an effective
role of trade law and policy to facilitate climate action.
The Law of Global Digitality Alexander Peukert; Indra Spiecker gen. Döhmann; Matthias C. Kettemann
2022, 20220627
eBook
Open access
The Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are ...they part of a recognizable order? And if the latter, what does this order look like? This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than "the law of the horse", or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age. Examining whether a global law of digitality has truly emerged, this book will appeal to academics, students and practitioners of law examining the future of the law of digitality as it intersects with traditional categories of law.
