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Legal Theory of Auction
The widespread understanding of auction structure considers auction as consisting of three contracts: contract between the seller and the auctioneer, contract between the auctioneer and the buyer and the sale contract between the seller and the buyer. The book challenges this concept, arguing that the traditional tripartite concept of auction is too narrow and does not correspond to the actual structure of auction relations. Demonstrating that an auction structure consists of a plethora of legal relationships, including noncontractual relations, this book explores the legal concept of auction sale and the structure of accompanying relations. The book provides a historical overview of auction...
The Law and Politics of Brexit: Volume V
The Trade & Cooperation Agreement (TCA) is the treaty which regulates free trade and economic arrangements between the European Union (EU) and the United Kingdom (UK) post-Brexit. The treaty entered into force provisionally on 1 January 2021 and officially on 1 May 2021, and has governed trade relations between the parties since. This book brings together contributions by leading scholars in EU and international trade law, economics and political science to provide a comprehensive, interdisciplinary analysis of the TCA. It contextualizes the treaty and identifies several emerging political, economic, and security challenges, which serve as the background to evolving EU-UK relations. The book...
Contract Governance
This book introduces and develops Contract Governance as a new approach to contract theory. While the concept of governance has already been developed in Williamson's seminal article, it has, ironically, not received much attention in general contract law theory. Indeed, Contract Governance appears to be an important and necessary complement to corporate governance and in fact, as the second, equally important pillar of governance research in the core of private law. With this in mind, Grundmann, Möslein, and Riesenhuber provide a novel approach in setting an international and interdisciplinary research agenda for developing contract law scholarship. Contract Governance focuses particularly...
The Oxford Handbook of Jorge Luis Borges
The Oxford Handbook of Jorge Luis Borges contextualizes the Argentine writer Jorge Luis Borges's work for a new generation of twenty-first-century readers and critics. Most known for his creative fictions that tackle literary questions of authorship as well as more philosophical notions such as multiverse theory, Borges has captivated scholars from a variety of disciplines since his emergence on the international scene. This volume shifts the emphasis to Borges's working life, his writing processes, his collaborations and networks, and the political and cultural background of his production. It also evaluates his impact on a variety of other fields ranging from political science and philosophy to media studies and mathematics.
Legal Knowledge and Information Systems
Technological advances related to legal information, knowledge representation, engineering, and processing have aroused growing interest within the research community and the legal industry in recent years. These advances relate to areas such as computational and formal models of legal reasoning, legal data analytics, legal information retrieval, the application of machine learning techniques to different legal tasks, and the experimental evaluation of these systems. This book presents the proceedings of JURIX 2023, the 36th International Conference on Legal Knowledge and Information Systems, held from 18–20 December 2023 in Maastricht, the Netherlands. This annual conference has become re...
Compliance with European Consumer Law
European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) com...
Twisted Confessions
In the early 1960s, the quiet borough of Queens was rocked by the violent and brutal murders of Barbara Kralik, Annie Mae Johnson, and Kitty Genovese. These murders shocked not only Queens and New York, but the entire nation, especially when newspapers disclosed Kitty's neighbors heard her screams and looked on without calling the police. Two suspects were apprehended and indicted, Winston Moseley for the Genovese murder and Alvin Mitchell for the Kralik murder. Before the trials, Moseley claimed to have committed the Kralik and Johnson murders as well, not taken seriously by the police and DA until Moseley disclosed details only the actual killer could have known. Charles Skoller, the young prosecutor assigned to these trials was now faced with a prosecutor's nightmare. In Twisted Confessions, he details the murders and relives his investigations and trials that followed in the almost impossible task of revealing and convicting the actual killer.
Research Handbook on Health, AI and the Law
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline, thanks to generous funding support from Hamad Bin Khalifa University (HBKU). The Research Handbook on Health, AI and the Law explores the use of AI in healthcare, identifying the important laws and ethical issues that arise from its use. Adopting an international approach, it analyses the varying responses of multiple jurisdictions to the use of AI and examines the influence of major religious and secular ethical traditions.
The Rome III Regulation
This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
Contract Law in Changing Times
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
