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51 results in Cambridge Law Handbooks

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The Cambridge Handbook of Constitutional Theory
  • Edited by Richard Bellamy, Jeff King
  • Coming soon
  • Expected online publication date: April 2024
  • Print publication: 30 April 2024
  • This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy, and political science. Its 60 chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. Firstly, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Secondly, the modalities of a constitutional system, such as the separation of powers, democratic representation, and the rule of law. Finally, the institutions through which it operates, both legal and political; including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.

The Cambridge Handbook of Facial Recognition in the Modern State

The Cambridge Handbook of Comparative Law
  • Edited by Mathias Siems, Po Jen Yap
  • Coming soon
  • Expected online publication date: January 2024
  • Print publication: 31 January 2024
  • Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

The Cambridge Handbook of China and International Law
  • Edited by Ignacio de la Rasilla, Congyan Cai
  • Coming soon
  • Expected online publication date: January 2024
  • Print publication: 31 January 2024
  • This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.

The Cambridge Handbook of Technological Disruption in Labour and Employment Law
  • Edited by Marc De Vos, Gordon Anderson, Evert Verhulp
  • Coming soon
  • Expected online publication date: December 2023
  • Print publication: 31 December 2023
  • Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.

The Cambridge Handbook of Intellectual Property and Social Justice
  • Edited by Steven D. Jamar, Lateef Mtima
  • Coming soon
  • Expected online publication date: December 2023
  • Print publication: 31 December 2023
  • Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

The Cambridge Handbook of Foreign Judges on Domestic Courts
  • Edited by Anna Dziedzic, Simon N. M. Young
  • Coming soon
  • Expected online publication date: October 2023
  • Print publication: 31 October 2023
  • Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.

The Cambridge Handbook of European Monetary, Economic and Financial Integration
  • Edited by Dariusz Adamski, Fabian Amtenbrink, Jakob de Haan
  • Published online: 28 September 2023
  • Print publication: 12 October 2023
  • This Handbook provides a comprehensive analysis of the past, present, and future of the European Economic and Monetary Union in its broader context. It incorporates economic, legal and political science perspectives to provide an in-depth and forward-looking scrutiny of the rationales, the main features and the shortcomings of the economic, monetary and financial integration in the euro area. Studying its complex, highly interconnected governance structures, the authors suggest directions for necessary reforms. With contributions from a diverse group of leading experts in their fields, this volume is truly versatile in its scope and approach, whilst remaining accessible for readers of different academic backgrounds.

The Cambridge Handbook of Marketing and the Law
  • Edited by Jacob E. Gersen, Joel H. Steckel
  • Published online: 29 June 2023
  • Print publication: 13 July 2023
  • This handbook examines a wide range of current legal and policy issues at the intersection of marketing and the law. Focusing on legal outcomes that depend on measurements and interpretations of consumer and firm behavior, the chapters explore how consumers form preferences, perceptions, and beliefs, and how marketers influence them. Specific questions include the following: How should trademark litigation be valued and patent damages assessed? What are the challenges in doing so? What divides certain marketing claims between fact and fiction? Can a litigant establish secondary meaning without a survey? How can one extract evidence on consumer behavior with the explosion of social media? This unique volume at the intersection of marketing and the law brings together an international roster of scholars to answer these questions and more.

The Cambridge Handbook of Investment-Driven Intellectual Property
  • Edited by Enrico Bonadio, Patrick Goold
  • Published online: 16 March 2023
  • Print publication: 23 March 2023
  • This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.

The Cambridge Handbook of Race and Surveillance
  • Edited by Michael Kwet
  • Published online: 23 February 2023
  • Print publication: 02 March 2023
  • Featuring chapters authored by leading scholars in the fields of criminology, critical race studies, history, and more, The Cambridge Handbook of Race and Surveillance cuts across history and geography to provide a detailed examination of how race and surveillance intersect throughout space and time. The volume reviews surveillance technology from the days of colonial conquest to the digital era, focusing on countries such as the United States, Canada, the UK, South Africa, the Philippines, India, Brazil, and Palestine. Weaving together narratives on how technology and surveillance have developed over time to reinforce racial discrimination, the book delves into the often-overlooked origins of racial surveillance, from skin branding, cranial measurements, and fingerprinting to contemporary manifestations in big data, commercial surveillance, and predictive policing. Lucid, accessible, and expertly researched, this handbook provides a crucial investigation of issues spanning history and at the forefront of contemporary life.

The Cambridge Handbook on the Material Constitution
  • Edited by Marco Goldoni, Michael A. Wilkinson
  • Published online: 15 January 2023
  • Print publication: 05 January 2023
  • Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.

The Cambridge Handbook of Natural Law and Human Rights
  • Edited by Tom Angier, Iain T. Benson, Mark D. Retter
  • Published online: 03 November 2022
  • Print publication: 17 November 2022
  • This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

The Cambridge Handbook of Responsible Artificial Intelligence
  • Interdisciplinary Perspectives
  • Edited by Silja Voeneky, Philipp Kellmeyer, Oliver Mueller, Wolfram Burgard
  • Published online: 28 October 2022
  • Print publication: 17 November 2022
  • In the past decade, artificial intelligence (AI) has become a disruptive force around the world, offering enormous potential for innovation but also creating hazards and risks for individuals and the societies in which they live. This volume addresses the most pressing philosophical, ethical, legal, and societal challenges posed by AI. Contributors from different disciplines and sectors explore the foundational and normative aspects of responsible AI and provide a basis for a transdisciplinary approach to responsible AI. This work, which is designed to foster future discussions to develop proportional approaches to AI governance, will enable scholars, scientists, and other actors to identify normative frameworks for AI to allow societies, states, and the international community to unlock the potential for responsible innovation in this critical field. This book is also available as Open Access on Cambridge Core.

The Cambridge Handbook of Investor Protection
  • Edited by Arthur B. Laby
  • Published online: 20 October 2022
  • Print publication: 27 October 2022
  • The topic of investor protection has occupied investors, businesses, regulators, academics, and courts since the 1930s. The topic exploded in importance after the 2008 financial crisis and the Bernard Madoff Ponzi scheme of the same year. Investor protection scholarship now seeks to respond to developments such as the institutionalization of the markets, the democratization of finance, and the enhanced role of market professionals and other gatekeepers. Additionally, although the philosophy of full disclosure remains the guiding principle behind the securities laws, recent research has questioned the merits of a disclosure-based regime. In light of these trends, regulators try to strike the right balance between imposing a strict investor protection regime, on the one hand, and giving businesses the freedom to innovate new projects, market new services, and reduce costs, on the other. The Cambridge Handbook of Investor Protection brings together leading scholars to inform this debate and fill a gap left by these developments.

The Cambridge Handbook of Disaster Law and Policy
  • Risk, Recovery, and Redevelopment
  • Edited by Susan S. Kuo, John Travis Marshall, Ryan Rowberry
  • Published online: 27 October 2022
  • Print publication: 29 September 2022
  • This century's major disasters from Hurricane Katrina and the Fukushima nuclear meltdown to devastating Nepalese earthquakes and the recent crippling volcanic eruptions and tsunamis in Tonga have repeatedly taught that government institutions are ill-prepared for major disaster events, leaving the most vulnerable among us unprotected. These tragedies represent just the beginning of a new era of disaster – an era of floods, heatwaves, droughts, and pandemics fueled by climate change. Laws and government institutions have struggled to adapt to the scope of the challenge; old models of risk no longer apply. This Handbook provides timely guidance, taking stock of the field of disaster law and policy as it has developed since Hurricane Katrina. Experts from a wide range of academic and practical backgrounds address the root causes of disaster vulnerability and offer solutions to build more resilient communities to ensure that no one is left behind.

The Cambridge Handbook of Shareholder Engagement and Voting
  • Edited by Harpreet Kaur, Chao Xi, Christoph Van der Elst, Anne Lafarre
  • Published online: 10 September 2022
  • Print publication: 15 September 2022
  • All over the world, companies play an important role in the economy. Different types of stakeholders hold the reins in these companies. An important class are the shareholders that finance the activities of these companies. In return, stakeholders have a say on how these companies should be organized and structure their activities. This is primarily done through voting and engaging. These mechanisms of voting and engaging allow the shareholders to decide significant aspects of the company structure, from who governs it to how much directors are paid. However, how shareholders vote and engage and how far their rights stretch are organized differently in different countries. This pioneering book provides insights into what rights these shareholders have and how the shareholders of companies in nineteen different jurisdictions participate in corporate life through voting and engaging. Comparative and international in scope, it pays particular attention to how jurisdictions align and differ around the world.

The Cambridge Handbook of the Sustainable Development Goals and International Law
  • Edited by Jonas Ebbesson, Ellen Hey
  • Published online: 23 September 2022
  • Print publication: 08 September 2022
  • In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issues surrounding sustainable development are necessarily impacted by the multifaceted relationship between the Global South and Global North. Confronting the context and challenge of sustainable development, this collection outlines how the international economic system problematizes the attainment of the SDGs. Introducing a novel, cosmopolitan approach, this book offers new ways of understanding sustainable development and suggests potential solutions so that we might finally achieve it.

The Cambridge Handbook of Artificial Intelligence
  • Global Perspectives on Law and Ethics
  • Edited by Larry A. DiMatteo, Cristina Poncibò, Michel Cannarsa
  • Published online: 28 July 2022
  • Print publication: 11 August 2022
  • The technology and application of artificial intelligence (AI) throughout society continues to grow at unprecedented rates, which raises numerous legal questions that to date have been largely unexamined. Although AI now plays a role in almost all areas of society, the need for a better understanding of its impact, from legal and ethical perspectives, is pressing, and regulatory proposals are urgently needed. This book responds to these needs, identifying the issues raised by AI and providing practical recommendations for regulatory, technical, and theoretical frameworks aimed at making AI compatible with existing legal rules, principles, and democratic values. An international roster of authors including professors of specialized areas of law, technologists, and practitioners bring their expertise to the interdisciplinary nature of AI.

The Cambridge Handbook of Competition Law Sanctions
  • Edited by Tihamer Tóth
  • Published online: 29 July 2022
  • Print publication: 23 June 2022
  • This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.

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