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Handbook of Japan's Environmental Law, Policy and Politics.
No full textThis handbook offers an exposition of the contemporary status of Japan's environmental law, policy, and politics. The compass of ecological quandaries explored within this tome is expansive, encompassing issues pertinent to both natural and synthetic ecosystems, natural resources, and inorganic materials. Each chapter's temporal framework corresponds to the postwar period, following the enactment of environmental statutes and the initiation of administrative institutionalization, situated approximately in the early 1970s. The central inquiry addressed in this compendium pertains to the extent to which prevailing environmental statutes and policies have contributed to the enhancement or conservation of Japan's natural and synthetic ecosystems, as well as the resilience of its natural resources. The authors within this volume undertake an analysis to discern the causal factors behind the quandaries by ascribing them to the existence or absence of enforceable regulations, public involvement in policy formulation processes, bureaucratic fragmentation, pioneering regulatory measures, institutional obstacles, regulatory co-optation, rational cost-effective methodologies, scientific understanding, scientific communities, ecological commerce, environmental non-governmental organizations (NGOs), and holistic ecological plans and programs. Moreover, pertinent sections raise an inquiry concerning Japan's ecological diplomacy, inquiring whether Japan serves as a leader, bystander, or obstructionist
Routledge handbook of NFT law /
No full text"Non-Fungible Tokens (NFTs) are types of crypto assets that function on the blockchain. Anything that one can digitize has the potential of becoming an NFT. While NFTs raise similar issues as other crypto assets, there are many use cases and characteristics that are unique and call for special attention. At a time when individual countries have started responding to various legal issues, this volume examines these matters from a comparative law perspective. The book approaches NFTs from a multidisciplinary perspective and provides in-depth information about the potential legal problems that arise from their use and transfer. The work looks at NFTs from different areas of law to determine the problems and how they can be resolved. Divided into seven parts, Part I introduces the key elements of NFTs and lays the foundation for the understanding of subsequent chapters. Part II focuses on NFTs from the perspective of contract law and discusses if/how they conflict with its traditional principles. Part III examines issues around intellectual property, trade mark and patent law. Part IV reflects on how NFTs will transform business law. Part V deals with complex public law aspects. Part VI focuses on data and consumer protection problems that arise when NFTs become mainstream. Finally, Part VII focuses on how NFTs will change the dispute resolution process and the courts. The book will be an essential resource for academics, researchers and policy-makers working in the areas of Technology and Law"-
"Memory also gives a right" : Norman Bentwich and the implementation of the British mandate for Palestine.
No full textOffshore-Stiftungen und -Trusts : eine rechtsvergleichende Untersuchung der gesetzlichen Ausgestaltung und Missbrauchspotenziale.
No full textWelfare Debt
No full textPast-due child support debt cannot be forgiven or discharged in bankruptcy. This policy is grounded in the assumption that all child support debt goes to a parent taking care of a child. However, billions of dollars of unpaid child support debt are owed not to the parent but instead to the government. The government is owed this debt through a welfare cost recovery system that requires custodial parents who file for welfare benefits to pursue child support from noncustodial parents and assign those rights to the government. This debt, which I coin “welfare debt,” oftentimes results in an increased interaction with the criminal justice system, including a cycle of incarceration and criminal fines and fees. The individuals who are stuck in this welfare debt-incarceration cycle follow recognizable racial and socioeconomic lines of vulnerability and marginalization. For the bankruptcy system to uphold its normative principle of forgiving burdensome debt for the most economically vulnerable individuals, welfare debt must be forgiven. </p
The Reasonable Pregnant Worker
No full textPregnant workers often need changes to their work responsibilities to stay healthy during pregnancy while earning a paycheck. Congress passed the Pregnant Workers Fairness Act (PWFA) in December 2022, entitling many workers for the first time to “reasonable accommodations” for their pregnancy, childbirth, and related medical conditions—so long as they do not impose an “undue hardship” on their employer. The PWFA dictates that the law’s key terms, “reasonable accommodation” and “undue hardship,” should be construed as they are under the Americans with Disabilities Act (ADA), ADA caselaw, and PWFA regulations issued by the Equal Employment Opportunity Commission (EEOC) in April 2024. But what if these sources conflict? ADA caselaw frequently departs from the law’s statutory and regulatory text and is in tension with the EEOC’s new PWFA rule. These sources have produced a muddied reasonable accommodation doctrine that poses challenges for future PWFA claimants. This Article is the first to address how the chaotic ADA doctrine will impact the PWFA’s implementation and consider how ADA caselaw should be read in concert with the PWFA rule. The Article proposes a framework for litigants and courts assessing reasonable accommodation claims under the PWFA that adapts ADA precedent to account for the PWFA’s statutory and regulatory text. The Article applies this framework to three accommodations likely to arise under the PWFA: temporary transfers, remote work, and leave. Finally, this Article demonstrates why the PWFA will often require employers to accommodate such requests, notwithstanding conflicting ADA caselaw.</p
Dark patterns, deceptive design, and the law ::AI's hidden influence on our digital experience /
No full textThis book provides essential insights on dark patterns and AI-powered deceptive design for anyone who wants to understand and challenge the pervasive influence of these hidden forces shaping our digital experiences. These hidden design strategies--from personalised user interface triggers to sophisticated backend systems--are often used to manipulate user behaviour in ways that benefit businesses at the expense of users. With advanced profiling driven by AI, these deceptive techniques can tailor digital environments to each user, raising significant questions about privacy, control, and the boundaries of digital design. The book examines the response of regulators, from the GDPR, Digital Services Act, and AI Act in the EU to emerging frameworks in the USA, Brazil, and India. Through real-world examples, it explains how these laws fail to address deceptive design practices and explores the implications for privacy, autonomy, and consumer protection in the digital age. By uncovering the complex layers of modern deceptive design, the book equips readers with the knowledge to recognise these tactics and consider their impact on user choice and trust. It is essential reading for legal professionals, digital rights advocates, designers, and anyone invested in fair digital practices
