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66 results in Cambridge Law Handbooks

Page 3 of 4

The Cambridge Handbook of Commons Research Innovations
  • Edited by Sheila R. Foster, Chrystie F. Swiney
  • Published online:
    29 October 2021
    Print publication:
    11 November 2021
  • The commons theory, first articulated by Elinor Ostrom, is increasingly used as a framework to understand and rethink the management and governance of many kinds of shared resources. These resources can include natural and digital properties, cultural goods, knowledge and intellectual property, and housing and urban infrastructure, among many others. In a world of increasing scarcity and demand - from individuals, states, and markets - it is imperative to understand how best to induce cooperation among users of these resources in ways that advance sustainability, affordability, equity, and justice. This volume reflects this multifaceted and multidisciplinary field from a variety of perspectives, offering new applications and extensions of the commons theory, which is as diverse as the scholars who study it and is still developing in exciting ways.

The Cambridge Handbook of Privatization
  • Edited by Avihay Dorfman, Alon Harel
  • Published online:
    27 August 2021
    Print publication:
    16 September 2021
  • Some goods and services seem to be fundamentally public, such as legislation, criminal punishment, and fighting wars. By contrast, other functions, such as garbage collection, do not. This volume brings together prominent scholars from a range of academic fields - including law, economics, philosophy, and sociology - to address the core question of what makes a certain good or service fundamentally public and why. Sometimes, governments and other public entities are superior because they are more likely to get at the right decisions or follow fair procedures. In other instances, the provision of goods and services by public entities is intrinsically valuable. By analyzing the these answers, the authors also explore the nature of the state and its authority. This handbook explores influential arguments for and against privatization and also develops a number of key studies explaining, justifying, or challenging the legitimacy and the desirability of public provision of particular goods and services.

The Cambridge Handbook of Twin Peaks Financial Regulation
  • Edited by Andrew Godwin, Andrew Schmulow
  • Published online:
    24 June 2021
    Print publication:
    15 July 2021
  • First proposed in 1994, the Twin Peaks model of financial system regulation employs two specialist peak regulators: one charged with the maintenance of financial system stability, and the other with market conduct and consumer protection. This volume, with contributions from over thirty scholars and senior regulators, provides an in-depth analysis of the similarities and differences in the Twin Peaks regimes that have been adopted around the world. Chapters examine the strengths and weaknesses of the model, provide lessons from Australia (the first to adopt the model), and offer a comparative look at the potential suitability of the model in leading non-Twin Peaks jurisdictions. A key resource for central bankers, public policy analysts, lawyers, economists, politicians, academics and students, this work provides readers with a comprehensive understanding of the Twin Peaks model, and a roadmap for countries considering its adoption.

The Cambridge Handbook of Health Research Regulation
  • Edited by Graeme Laurie, Edward Dove, Agomoni Ganguli-Mitra, Catriona McMillan, Emily Postan, Nayha Sethi, Annie Sorbie
  • Published online:
    09 June 2021
    Print publication:
    24 June 2021
  • The first ever interdisciplinary handbook in the field, this vital resource offers wide-ranging analysis of health research regulation. The chapters confront gaps between documented law and research in practice, and draw on legal, ethical and social theories about what counts as robust research regulation to make recommendations for future directions. The Handbook provides an account and analysis of current regulatory tools - such as consent to participation in research and the anonymization of data to protection participants' privacy - as well as commentary on the roles of the actors and stakeholders who are involved in human health research and its regulation. Drawing on a range of international examples of research using patient data, tissue and other human materials, the collective contribution of the volume is to explore current challenges in delivering good medical research for the public good and to provide insights on how to design better regulatory approaches. This title is also available as Open Access on Cambridge Core.

The Cambridge Handbook of Compliance
  • Edited by Benjamin van Rooij, D. Daniel Sokol
  • Published online:
    07 May 2021
    Print publication:
    20 May 2021
  • Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.

The Cambridge Handbook of Environmental Justice and Sustainable Development
  • Edited by Sumudu A. Atapattu, Carmen G. Gonzalez, Sara L. Seck
  • Published online:
    26 March 2021
    Print publication:
    01 April 2021
  • Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.

The Cambridge Handbook of Class Actions
  • An International Survey
  • Edited by Brian T. Fitzpatrick, Randall S. Thomas
  • Published online:
    29 January 2021
    Print publication:
    18 February 2021
  • Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

The Cambridge Handbook of Copyright Limitations and Exceptions
  • Edited by Shyamkrishna Balganesh, Ng-Loy Wee Loon, Haochen Sun
  • Published online:
    15 January 2021
    Print publication:
    07 January 2021
  • While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

The Cambridge Handbook of the Law of Algorithms
  • Edited by Woodrow Barfield
  • Published online:
    19 October 2020
    Print publication:
    05 November 2020
  • Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.

The Cambridge Handbook of Judicial Control of Arbitral Awards
  • Edited by Larry A. DiMatteo, Marta Infantino, Nathalie M-P Potin
  • Published online:
    08 October 2020
    Print publication:
    29 October 2020
  • A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.

The Cambridge Handbook of International and Comparative Trademark Law
  • Edited by Irene Calboli, Jane C. Ginsburg
  • Published online:
    18 September 2020
    Print publication:
    24 September 2020
  • Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability
  • Edited by Beate Sjåfjell, Christopher M. Bruner
  • Published online:
    25 November 2019
    Print publication:
    12 December 2019
  • The emerging field of corporate law, corporate governance and sustainability is one of the most dynamic and significant areas of law and policy in light of the convergence of environmental, social and economic crises that we face as a global society. Understanding the impact of the corporation on society and realizing its potential for contributing to sustainability is vital for the future of humanity. This Handbook comprehensively assesses the state-of-the-art in this field through in-depth discussion of sustainability-related problems, numerous case studies on regulatory responses implemented by jurisdictions around the world, and analyses of predominant strategies and potential drivers of change. This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated global society's most pressing challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.

The Cambridge Handbook of Copyright in Street Art and Graffiti
  • Edited by Enrico Bonadio
  • Published online:
    14 November 2019
    Print publication:
    07 November 2019
  • In recent years, the number of conflicts related to the misuse of street art and graffiti has been on the rise around the world. Some cases involve claims of misappropriation related to corporate advertising campaigns, while others entail the destruction or 'surgical' removal of street art from the walls on which they were created. In this work, Enrico Bonadio brings together a group of experts to provide the first comprehensive analysis of issues related to copyright in street art and graffiti. Chapter authors shed light not only on the legal tools available in thirteen key jurisdictions for street and graffiti artists to object to unauthorized exploitations and unwanted treatments of their works, but also offer policy and sociological insights designed to spur further debate on whether and to what extent the street art and graffiti subcultures can benefit from copyright and moral rights protection.

The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
  • Edited by Richard Bales, Charlotte Garden
  • Published online:
    01 November 2019
    Print publication:
    05 December 2019
  • Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms
  • Edited by Larry A. DiMatteo, Michel Cannarsa, Cristina Poncibò
  • Published online:
    25 October 2019
    Print publication:
    10 October 2019
  • The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

The Cambridge Handbook of Technical Standardization Law
  • Further Intersections of Public and Private Law
  • Volume 2
  • Edited by Jorge L. Contreras
  • Published online:
    04 September 2019
    Print publication:
    26 September 2019
  • Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses on key areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

The Cambridge Handbook of Policing in the United States
  • Edited by Tamara Rice Lave, Eric J. Miller
  • Published online:
    14 August 2019
    Print publication:
    04 July 2019
  • The Cambridge Handbook of Policing in the United States provides a comprehensive collection of essays on police and policing, written by leading experts in political theory, sociology, criminology, economics, law, public health, and critical theory. It unveils a range of experiences - from the police chief of a major metropolitan force to ordinary people targeted for policing on the street - and asks important questions about whether and why we need the police, before analyzing the law of policing, police use of force, and police violence, paying particular attention to the issue of discrimination against marginalized and vulnerable communities at the blunt end of police interference. The book also discusses technological innovations and proposals for reform. Written in accessible language, this interdisciplinary work will be a valuable resource for anyone interested in understanding the present and future of policing in the United States.

Cambridge Handbook of Intellectual Property in Central and Eastern Europe
  • Edited by Mira T. Sundara Rajan
  • Published online:
    11 June 2019
    Print publication:
    13 June 2019
  • Intellectual property law faces serious challenges worldwide, with many in the international community arguing that the law fails to provide much-needed support for either individual rights or the public interest in the technological environment. The Cambridge Handbook of Intellectual Property in Central and Eastern Europe offers a novel look at intellectual property issues through the lens of the post-socialist and transitional experience in Central and Eastern European countries. Contributors include both recognized and emerging leaders in their jurisdictions of interest, and experts on US, European Union, and international law. Taken together, they offer a thought-provoking critique of current approaches and build a compelling case for cogent policymaking. This important work reflects the formative experiences of a difficult history, demonstrating the courageous optimism of scholars in a region that has repeatedly overcome the challenges of the past, while consistently looking to its authors and innovators for leadership and inspiration.

The Cambridge Handbook of Social Enterprise Law
  • Edited by Benjamin Means, Joseph W. Yockey
  • Published online:
    14 December 2018
    Print publication:
    03 January 2019
  • Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.

The Cambridge Handbook of the Law of the Sharing Economy
  • Edited by Nestor M. Davidson, Michèle Finck, John J. Infranca
  • Published online:
    12 November 2018
    Print publication:
    22 November 2018
  • This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.

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