Claremont Colleges Digital Library
Not a member yet
661114 research outputs found
Sort by
Contract hazards ::lawyers and their landmines /
No full textIn today's global markets, commercial contracts are the backbone of complex financial and corporate transactions. Yet despite their centrality, these documents are often riddled with flaws-ambiguous terms, outdated provisions, and strategic traps-that persist across deals and markets. Legal theory tends to overlook these imperfections, assuming contracts are coherent, intentional, and complete. But the reality of contract production tells a different story. 'Contract Hazards' examines the hidden dangers embedded in standardized contract language. These 'landmines' are not rare mistakes - they are structural features of how contracts are assembled under pressure, often from recycled precedent and boilerplate. Drawing on both qualitative and quantitative research, it explores how flawed terms originate, why they endure, and how they are sometimes exploited by lawyers when deals unravel
Polish contributions to international criminal law /
No full text"Ever since the groundwork of international criminal law began to take shape, Polish scholars, Polish diplomats and Polish institutions have contributed to its development, in some cases playing key roles"-
Data sharing regulation in Europe /
No full text"This book provides a comprehensive examination of data sharing within the EU, exploring the regulatory challenges and opportunities created by EU frameworks and policies. As data becomes a critical resource across sectors, EU regulators, policymakers, and scholars face the urgent task of crafting frameworks that support data sharing while ensuring fairness, competition, and protection of personal data. Through its chapters, the book adopts a holistic approach, analyzing data sharing from the perspectives of EU law, intellectual property, competition law, data protection, and governance. It addresses the impact of recent EU legislation-including the Digital Markets Act (DMA), Digital Services Act (DSA), Data Governance Act, and Data Act-on enabling or limiting data-sharing practices, particularly in the private sector. Each chapter offers policy recommendations and insights, collectively building a robust theoretical framework for responsible data sharing. This book serves as a valuable resource for researchers, practitioners, and students of EU law, competition law, data protection, intellectual property, and governance, offering timely insights and a nuanced exploration of the evolving EU data-sharing landscape"-
Litigating corporate surveillance ::privacy, autonomy, power, and democracy in the courtroom /
No full text"This book interrogates the legality of corporate surveillance, offering a corrective approach to protecting privacy through litigation--not through legislation. Explosive revelations, from the Snowden disclosures to the Cambridge Analytica scandal, have shown us that our daily lives are embedded in a network of pervasive, panoptic surveillance designed to manipulate. This corporate surveillance network has grown to encompass and absorb the basic digital substrate of our daily lives. Received wisdom, among commentators, the press, and even legal academia, is that this is all legal: corporate surveillance has flourished because there are no legal tools to reign in its pervasive and invasive practices. Analysing recent developments in data privacy law in light of ever-increasing data aggregation and cybersurveillance practices by corporations and governments, this book examines the pervasive, multimodal corporate surveillance practices that now permeate both our digital and offline lives, and offers a prescription for fighting back through the courts. Interweaving discussions of the statutory, common law, and constitutional frameworks that are currently being applied in legal challenges to these activities, this book considers current critiques of privacy law as conceptualized by both legal scholars and practitioners. Additionally, it makes suggestions for navigating the future of privacy rights in the face of our increasingly digitized lives. This book will be of interest to researchers and practitioners in the field of corporate surveillance, digital law, and privacy law"-
Routledge handbook of human rights in Southeast Asia /
No full textThe Routledge Handbook of Human Rights in Southeast Asia analyses some of the region's most pressing human rights issues, while also giving attention to those actors and institutions that work towards improvement.Chapters by international experts in the field provide readers with a background on some of Southeast Asia's most pressing human rights concerns. The book builds on, and contributes to, existing analyses of human rights in Southeast Asia to further enhance our understanding of what sits behind the region's ambivalent human rights track record. Following an introduction, the handbook is structured in eight parts. The chapters cover a wide range of human rights issues including human rights debates at political and regional levels, and how human rights are experienced every day, such as the rights to food, water, and work: Advancing Human Rights through ASEAN Refugees: Protecting Rights and Strengthening Agency Transitional Justice in Southeast Asia: Confronting the Past Balancing Moral Perspectives: Ideologies and Human Rights Intersections between Workers' Rights, Corporations and the State Accessing and Maintaining Rights to Water, Food, and Health On the Frontline: Human Rights Defenders Promoting Human Rights in Southeast Asia: New Directions and Strategies The handbook considers the political and social contexts in which human rights emerge, the dynamics of their contestation and violation, and how rights are claimed. It demonstrates that human rights are a practice and goes beyond considering human rights as formal structures in laws, regulations, and meeting rooms. A timely overview and analysis of the situation of Human Rights in Southeast Asia, this handbook will be a valuable reference work for scholars and practitioners in human rights, the field of Asian Law, Asian Studies in general and Southeast Asian Studies in particular.Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www .taylorfrancis .com under a Creative Commons Attribution-NonCommercial-No Derivatives (CC-BY-NC-ND) 4.0 license
EFFICIENT MUTUAL FUND MARKETS ::a global perspective.
No full textThis book covers a new and innovative approach to the issue of investment portfolio efficiency from the perspective of a large institutional investor. It discusses the challenges relating to changes in returns on the international stock market, with particular emphasis on investments.Instead of focusing on just one designated market, the book examines four diversified, developed markets, and models the Polish market as a representative of emerging markets. The authors argue that the current market for available financial instruments, mainly derivatives, may be an example of a partially complete market. With such assumptions, they test selected markets, assuming that a representative investor, such as an investment fund, makes rational decisions and uses all available financial instruments. The research conducted in the book is unique in its assumption that investors form portfolios that consider the structure of the company's financial results. The significant impact that the financial crisis in the United States since 2007, the COVID-19 pandemic, and Russia's aggression against Ukraine have had on investors' decisions is also discussed.The book will find an audience among researchers, scholars, and students specialising in finance and capital market investments
EMPLOYMENT, TRAINING AND LIFELONG LEARNING ::comparative perspectives.
No full textThis book offers a timely exploration of the continuous training of individuals, a subject crucial to both business competitiveness and societal progress in today's rapidly changing world. Addressing the digital and climate revolutions, it examines how lifelong learning helps workers adapt their skills to meet evolving demands while supporting active ageing for all citizens, even in retirement.Divided into three sections, the book features studies that combine theoretical insights and practical recommendations from renowned experts in education and law. The book stands out for its international scope, with chapters covering diverse national perspectives from countries such as the United Kingdom, the United States, Japan and various European nations. It uniquely integrates both education and legal perspectives, providing a comprehensive analysis that addresses gaps in existing literature. Readers will benefit from clear, accessible language, proposals for key stakeholders (e.g., policymakers, social partners), and coverage of pressing issues like vocational training for immigrants, legal frameworks for non-formal learning and the impact of digital transitions on workforce development.This book is an essential resource for academics, researchers, advanced students, legal professionals, educators, policymakers, trade unions, and employer associations. It offers valuable insights for anyone involved in Labour Law, social security, vocational training or workforce development on a global scale
Deposit insurance in China ::lessons from the US and UK experience /
No full text"This book examines and compares the rationale, design and implementation of deposit insurance in the US, the UK and China, with the aim of finding an effective solution for China's nascent deposit insurance scheme by learning from the US and UK models. Deposit insurance, a pillar of the financial safety net that protects insured deposits and serves as a guarantee against losses on insured accounts, has become increasingly important in bank resolution. Using a comparative and interdisciplinary approach, this book examines the legal and regulatory issues surrounding deposit insurance schemes in three jurisdictions - the US, the UK and China. It offers a timely analysis of the operating mechanisms and implications of deposit insurance during the global financial crisis. It also provides an in-depth doctrinal analysis of the US, UK and Chinese deposit insurance laws. Based on these discussions, the author proposes suggestions for reforming China's deposit insurance system and practice. The title will appeal to scholars and students of banking and banking law, as well as legal and financial practitioners in the fields of commercial law and banking and financial regulation"-
LOST IN THE SHELL ::mind, body, identity and the technology of information.
No full textWhat happens to law when the human body becomes replicable, the mind readable, and identity programmable?This book investigates how artificial intelligence, neurotechnology, and synthetic biology are dismantling the legal foundations of personhood. From biometric doubles and cognitive extraction to bodyoids - human bodies grown without consciousness - the author reveals how legal categories struggle to keep pace with technological realities.Blending legal theory, philosophy, and science, the book exposes a profound crisis: law no longer knows what a 'person' is. This timely and provocative work is essential for scholars in law, bioethics, and technology studies seeking to understand how the post-human era challenges the very structure of the legal order. The future is no longer science fiction. It is a legal vacuum.The book will be of interest to scholars and researchers of law, public policy, AI, and ethics. It will also be a handy guide for practicing lawyers