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Author: Fabrizio Cafaggi Publisher: Intersentia NV ISBN: Category : Law Languages : en Pages : 472
Book Description
Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.
Author: Fabrizio Cafaggi Publisher: Intersentia NV ISBN: Category : Law Languages : en Pages : 472
Book Description
Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.
Author: Rossella Esther Cerchia Publisher: MDPI ISBN: 3039437070 Category : Social Science Languages : en Pages : 160
Book Description
Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.
Author: Hans-W. Micklitz Publisher: Springer ISBN: 3319784315 Category : Law Languages : en Pages : 708
Book Description
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Author: Steven Anderman Publisher: OUP Oxford ISBN: 9780199589951 Category : Law Languages : en Pages : 0
Book Description
Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.
Author: Razeen Sally Publisher: Cato Institute ISBN: 1933995963 Category : Political Science Languages : en Pages : 170
Book Description
Razeen Sally argues that international trade policy has lost its way. Trade policy has become disconnected from 21st century business and consumer realities. The World Trade Organization and free trade agreements have outdated negotiating models and yield diminishing returns. The world’s fastest growing economies are those in Asia that have embraced freer trade and global integration unilaterally, without waiting for trade negotiations. Hence, the priority should be bottom-up unilateral liberalization, with China’s opening to the world economy leading the way and setting the example for others in Asia and beyond. Liberalization should now focus more on domestic regulatory barriers. The post-Doha WTO will still be important, but more as a forum for strengthening trade rules than for driving further liberalization. The biggest danger, though, is complacency and “reform fatigue,” which threatens to halt globalization’s advance. Sally makes a vigorous case for the benefits of free trade and provides a penetrating analysis of the dangers confronting the world trading system. Inspired by the precepts of Adam Smith and David Hume, he sets out practical prescriptions for getting trade policy back on the rails as part of a refreshed agenda for freer trade and freer markets that is relevant to the rise of Asia and 21st century globalization. Informative; well-argued; and, above all, highly readable, this book is a stimulating contribution to the emerging debate on where trade policy should go in the post-Doha world.
Author: Shoshana Zuboff Publisher: PublicAffairs ISBN: 1610395700 Category : Business & Economics Languages : en Pages : 683
Book Description
The challenges to humanity posed by the digital future, the first detailed examination of the unprecedented form of power called "surveillance capitalism," and the quest by powerful corporations to predict and control our behavior. In this masterwork of original thinking and research, Shoshana Zuboff provides startling insights into the phenomenon that she has named surveillance capitalism. The stakes could not be higher: a global architecture of behavior modification threatens human nature in the twenty-first century just as industrial capitalism disfigured the natural world in the twentieth. Zuboff vividly brings to life the consequences as surveillance capitalism advances from Silicon Valley into every economic sector. Vast wealth and power are accumulated in ominous new "behavioral futures markets," where predictions about our behavior are bought and sold, and the production of goods and services is subordinated to a new "means of behavioral modification." The threat has shifted from a totalitarian Big Brother state to a ubiquitous digital architecture: a "Big Other" operating in the interests of surveillance capital. Here is the crucible of an unprecedented form of power marked by extreme concentrations of knowledge and free from democratic oversight. Zuboff's comprehensive and moving analysis lays bare the threats to twenty-first century society: a controlled "hive" of total connection that seduces with promises of total certainty for maximum profit -- at the expense of democracy, freedom, and our human future. With little resistance from law or society, surveillance capitalism is on the verge of dominating the social order and shaping the digital future -- if we let it.
Author: Lester M. Salamon Publisher: Oxford University Press, USA ISBN: 0199357544 Category : Business & Economics Languages : en Pages : 769
Book Description
This volume presents the first comprehensive and authoritative account of the new actors and tools revolutionizing global philanthropy and social investment at the present time. At a time of declining government resources and limited charitable capability, this development represents one of the most hopeful signs for gaining meaningful traction on the globe's escalating problems of poverty, environmental degradation, and despair.
Author: Neva R. Goodwin Publisher: Island Press ISBN: 1597267902 Category : Business & Economics Languages : en Pages : 427
Book Description
The developed countries, particularly the United States, consume a disproportionate share of the world's resources, yet high and rising levels of consumption do not necessarily lead to greater satisfaction, security, or well-being, even for affluent consumers. The Consumer Society provides brief summaries of the most important and influential writings on the environmental, moral, and social implications of a consumer society and consumer lifestyles. Each section consists of ten to twelve summaries of critical writings in a specific area, with an introductory essay that outlines the state of knowledge in that area and indicates where further research is needed. Sections cover: Scope and Definition Consumption in the Affluent Society Family, Gender, and Socialization The History of Consumerism Foundations of Economic Theories of Consumption Critiques and Alternatives in Economic Theory Perpetuating Consumer Culture: Media, Advertising, and Wants Creation Consumption and the Environment Globalization and Consumer Culture Visions of an Alternative This book is the second volume in the Frontier Issues in Economic Thought series, which provides surveys of the most significant writings in emergent areas of economics -- an invaluable aid in fast-growing fields where genuine new ground is being broken. The series brings together economists, sociologists, psychologists, and philosophers to develop analyses that challenge and enrich the dominant neoclassical paradigm. The Consumer Society is an essential guide to and summary of the literature of consumption and will be of interest to anyone concerned with the deeper economic, social, and ethical implications of consumerism.
Author: George P. Moschis Publisher: Springer ISBN: 3030050084 Category : Business & Economics Languages : en Pages : 213
Book Description
This book examines consumer behavior using the “life course” paradigm, a multidisciplinary framework for studying people's lives, structural contexts, and social change. It contributes to marketing research by providing new insights into the study of consumer behavior and illustrating how to apply the life course paradigm’s concepts and theoretical perspectives to study consumer topics in an innovative way. Although a growing number of marketing researchers, either implicitly or explicitly, subscribe to life course perspectives for studying a variety of consumer behaviors, their efforts have been limited due to a lack of theories and methods that would help them study consumers over the lifecycle. When studying consumers over their lifespan, researchers examine differences in the consumer behaviors of various age groups (e.g., children, baby boomers, elderly, etc.) or family life stages (e.g., bachelors, full nesters, empty nesters, etc.), inferring that consumer behavior changes over time or linking consumption behaviors to previous experiences and future expectations. Such efforts, however, have yet to benefit from an interdisciplinary research approach. This book fills this gap in consumer research by informing readers about the differences between some of the most commonly used models for studying consumers over their lifespan and the life course paradigm, and providing implications for research, public policy, and marketing practice. Presenting applications of the life course approach in such research topics as decision making, maladaptive behaviors (e.g., compulsive buying, binge eating), consumer well-being, and cognitive decline, this book is beneficial for students, scholars, professors, practitioners, and policy makers in consumer behavior, consumer research, consumer psychology, and marketing research.
Author: James Devenney Publisher: Cambridge University Press ISBN: 1107378842 Category : Law Languages : en Pages : 475
Book Description
This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.
Author: Fabrizio Cafaggi
Author: Fabrizio Cafaggi
Author: Rossella Esther Cerchia
Author: Hans-W. Micklitz
Author: Steven Anderman
Author: Razeen Sally
Author: Shoshana Zuboff
Author: Lester M. Salamon
Author: Neva R. Goodwin
Author: George P. Moschis
Author: James Devenney