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Chapter 1 introduces the main issues raised in Labour Law and its social and economic significance in regulating workplace relations. The chapter introduces the principal sources of labour law in the UK, which include statutes, the common law and European law and the difficulties in securing compliance by employers with those laws. It describes the system of employment tribunals and ordinary courts where disputes are resolved. Finally the chapter introduces some contemporary themes concerning precarious work, work/life balance and human rights at work.
Neoclassical economics is inherently biased against progressive policies and therefore should be avoided by progressives seeking to make the case for them. This is reflected in the history of regulation of payday loans and other fringe financial products. Conservatives used economic arguments to roll back regulation of these products in the second half of the twentieth century. Attempts to reregulate them have since been stymied despite progressives’ use of behavioral economic arguments to justify greater regulation. Progressives who eschew economic argument have had more success pursuing reform in other areas in the Biden Administration. The failure of behavioral economics to advance a progressive agenda in fringe finance suggests that inframarginalism, which also embraces the neoclassical analytic, will not help progressives. Another problem is that any neoclassical approach privileges elite expertise.
Antimicrobial resistance is a multidisciplinary issue that has been high in the global agenda since the 2015 WHO Global Action Plan (GAP) and the 2016 UNGA Declaration. The Quadripartite Coalition has set up a consolidated global governance structure to coordinate AMR responses, including a Global Leaders Group, an Independent Panel of Experts and a stakeholders’ platform. At the national level, countries have set up more or less formal mechanisms to coordinate AMR management, develop and implement National Action Plans.
This chapter will draw on these pilot experiences to identify options for broader One Health governance and regulation. The chapter will examine global and regional governance and regulation of AMR – focusing on the EU as a case study – to explore possible applications to other priority areas such as zoonotic diseases.
Rules for regulatory intervention aim to ensure that cumulative impacts remain or fall below thresholds of acceptable cumulative harm. A rule has two key dimensions: (1) its strategy – how it changes cumulative harm by reducing impacts, offsetting impacts, restoring, or facilitating coping with impacts; and (2) its approach – how it influences actions that cause impacts by using mandates (sticks), incentives (carrots) or information and persuasion (sermons) to influence adverse actions, or by using direct state action (state rescue). Each strategy and approach has strengths and weaknesses in addressing cumulative harms, and a cumulative environmental problem will likely need a carefully designed mix. In designing this mix, important challenges are ensuring connected decision-making so that actions are not considered in isolation; ensuring comprehensiveness, to avoid overlooking actions, including "de minimis" actions that could cause cumulatively significant impacts; managing costs related to intervention; and adapting interventions to accommodate changes to impacts and new information. Real-world examples illustrate legal mechanisms that include features designed to address these challenges.
Regulatory systems can be designed to surmount barriers and promote conditions for dealing with cumulative environmental problems using legal mechanisms that deliver four integrated functions: conceptualization, information, regulatory intervention, and coordination (the CIRCle Framework). Analyzing how a set of laws provides for these functions helps identify important weaknesses and gaps for improving laws. This chapter sets out a step-by-step guide to applying the CIRCle Framework and key design features for each function. It also highlights common themes that emerge from the book’s case studies, which center on environmental justice concerns related to groundwater in California’s Central Valley; cumulative impacts to the biodiversity of the Great Barrier Reef, Australia; and grasslands as biocultural landscapes in South Tyrol, Italy. Key themes point to the value of taking a wide view of relevant laws and available regulatory approaches and strategies and the importance of local factors, regardless of the governance scale of the problem. They show that integrating laws and functions can take time, but that evolution and improvement is possible.
Psychiatric disorders are highly comorbid and are not separated by sharp biological boundaries. Understanding the common mechanisms that explain symptom overlap in mental disorders is therefore clearly needed. Here, we briefly review impaired emotional processing and emotional dysregulation in affective disorders, with a special focus on unipolar depression. Affective disorders are characterized by abnormal emotion intensity, changes in the temporal dynamics of emotion and difficulties to influence the trajectory of emotions. Disruptions in emotion processing and emotional regulation are underlined at the neural level by abnormal interactions between cortical and limbic structures in terms of increased variance in functional connectivity. Emotional processes are also tightly linked to cognitive processes, which constitute main targets for therapeutic interventions in affective disorders.
Decades of research demonstrate cultural variation in different aspects of emotion, including the focus of emotion, expressive values and norms, and experiential ideals and values. These studies have focused primarily on Western and East Asian cultural comparisons, although recent work has included Latinx samples. In this chapter, we discuss why studying culture is important for studies of emotion and what neuroscientific methods can contribute to our understanding of culture and emotion. We then describe research that uses neuroscientific methods to explore both cultural differences and similarities in emotion. Finally, we discuss current challenges and outstanding questions for future research.
This chapter explores the interplay between emotions and memory, highlighting the interrelations between regulatory and memory processes. In the first section we describe how, through indirect and direct influences, emotions impact every phase of the episodic memory cycle: encoding, consolidation, and retrieval. Whereas many of these influences are attributed to the amygdala and hippocampus, recent work has emphasized the role of a broad network of regions, extending well beyond these medial temporal lobe regions. In the second section, we focus on the role of the dorsomedial prefrontal cortex in adjusting the content, emotionality, and narrative context at each phase of the episodic memory cycle. In the third section, we discuss the reciprocal interactions between emotions and memory: Our memories serve as triggers for emotions and can be used as an emotion regulation device, while our emotions and emotion regulation goals can likewise influence our memories. The final section highlights broad directions for future research.
From the early days of navigating the world with bare hands to harnessing tools that transformed stones and sticks, human ingenuity has birthed science and technology. As societies expanded, the complexity of our tools grew, raising a crucial question: Do we control them, or do they dictate our fate? The trajectory of science and technology isn'tpredetermined; debates and choices shape it. It's our responsibility to navigate wisely, ensuring technology betters, not worsens, our world. This book explores the complex nature of this relationship, with 18 chapters posing and discussing a compelling 'big question.' Topics discussed include technology's influence on child development; big data; algorithms; democracy; happiness; the interplay of sex, gender, and science in its development; international development efforts; robot consciousness; and the future of human labor in an automated world. Think critically. Take a stand. With societal acceleration mirroring technological pace, the challenge is, can we keep up?
There are three ways of becoming a shareholder: by subscribing to a new issue of shares in a company; by purchasing shares from an existing shareholder; or by transmission of ownership in shares due to the operation of law (for example, where shares are transferred to the beneficiary under a will). In this chapter, we focus on the first method: the issuing of shares and securities as a means of fundraising, commonly referred to as ‘raising capital’ or ‘equity raising’. The term ‘subscription’ describes the relationship where a company issues shares directly to a shareholder. The legal relationship between the company that issues and the shareholder who subscribes for new shares can be analysed using the contractual rules of offer and acceptance.
Our primary focus in this chapter is the issue of securities by public companies. Generally speaking, only public companies are permitted to raise capital by issuing securities to a broad cross-section of the public.
This chapter discusses laws and arrangements that impose obligations upon intermediaries to achieve some protection of clients involved in financial product transactions. We have already encountered some intermediaries who provide financial services in Chapter 17—the brokers who participate in the ASX markets. However intermediaries are usually involved in transactions involving financial products, so the range of people who are involved in, or who can influence financial product transactions is much wider and clearly includes financial advisers. Now we examine how the activities of some people in this diverse group are regulated to achieve a measure of investor protection.
The question of regulation of financial advice and financial services has been contentious in Australia over the last two decades. Following several large financial collapses, it is now recognised that the quality of financial advice in Australia is often poor, particularly to retail and other non-professional investors.
Corporate law, like all law, has a context; indeed, it has many contexts. To understand corporate law today, we need to appreciate the forces—social, political, economic, global and local— which shape that law. Modern corporations and contemporary Australian corporate law should be understood as a product of, and a compromise between, various social, economic and legal ideas and philosophies. This is the focus of the first two chapters of this book.
In this chapter, we ask the reader to temporarily postpone the quest for a more detailed explanation of the legal concepts that are introduced. We will come back to examine these concepts in detail elsewhere in the book.
The past three decades have seen the rise of clinical governance, firstly as a concept and ultimately as a system. Increasing knowledge of the scope of iatrogenic harm to consumers, coupled with public inquiries into poor care around the world, is driving the development of governance of clinical care into an established component of corporate governance. Many gains are being realised in Australia, including a reduction in infections and preventable, in-hospital cardiac arrests, improved experience and outcomes for patients, better governance of clinical care and more meaningful involvement of patients and consumers in health care.
This novel contributions reveal how environmental regulations drive engineering design costs, focusing on the emblematic case of packaging. Using a regulatory database and simulation-based modeling, we evaluate functional expansion as a key driver of cost escalation, identifying its volume effect (rising costs from added environmental functions) and scope effect (increased interdependencies among ecosystem actors). The findings offer a simulated cost envelope to support engineering design teams in their forecasts, but also underscore the hurdles of sustainably managing these regulatory-driven costs in the packaging product system, by benchmarking cost trajectories against sustainability metrics, such as carbon pricing.
The conclusion summarises the book and reflects on what is at stake in reconceptualising the transformation of European banking as extroverted financialisation. It contemplates recent financial endeavours to ‘improve’ our global financial architecture and finds most somewhat lacking in their ability to introduce a global financial system that serves social rather than financial ends. In fact, missing the implications of EF, some of these endeavours have the potential to worsen, rather than improve, the threats of credit crunches and crises. Alternatively, we might be better off to consider more radical solutions that tackle the very nature of USD debt creation and the financial architecture itself.
The chapter generally explores the role, function and regulation of private agents in professional tennis and contrasts similar issues as they arise in other sports in a variety of jurisdictions. The chapter starts off setting out agency in tennis in its particular context. It then goes on to ascertain the background to sports agents in general and tennis agents in particular. Attention is paid to the types and roles of agents in professional tennis, as well as their regulation by the key transnational tennis actors, in addition to their regulation by domestic and transnational rules. The chapter further explores the various contractual agreements between professional tennis players and agents and attempts to set out the law on player–agent contracts. In addition, it sets out a framework concerning the legal issues arising from player–agent relations in professional tennis
Chapter 5 lays out the institutional grounding for global financial markets and their currency, the USD. This provides an answer to an ongoing puzzle on the origins of the 2008 financial crisis. Scholars of the global banking glut hypothesis recognise that European banks were deeply connected to US finance but do not fully account for why this was the case. By contrast, this chapter demonstrates that, despite their global nature, US and Eurodollars are thoroughly grounded in US financial institutions, which has given US banks an additional competitive edge over other banks. The complex institutional infrastructure made US financial markets exceptionally deep and liquid so that US banks could flexibly fund their practices of liability management (LM) in US money markets and arbitrage between Euro- and USD markets. By contrast, European banks’ money markets were ill-equipped for LM while foreign banks faced heavy restrictions to bank in the US until the 1970s. This posed a key constraint to the international practices of the European banks. In response, German banks expanded their offshore funding practices to access more USDs to be able to compete against US banks.
Kansas’ tumultuous, violent early years drove the development of a distinctively intrusive, inexpert model of reform. The KCIR was a clear elaboration upon this historical pattern. Constitutional restraints left the state persistently underfinanced. The conflicts of the Bleeding Kansas period catalyzed political and mob violence that persisted until the 1890s. Progressive Republicans, the dominant political force in Kansas from the 1890s through the 1920s, thus developed an aggressive program of regulation of economic and personal conduct, a program not reliant on rational administration, for which there was no fiscal capacity or expertise, but upon an expansive legal conception of regulatory (or flatly coercive) interventions justifiable by appeal to the public interest. These reforms were often ineffective or too bold to withstand scrutiny in the US Supreme Court. The state’s leaders, like Governor Allen, had considerable first-hand experience with the difficulties, and in many cases the violence, of settlement: Their commitment to the state’s forceful variant of progressivism rose from deep and genuine fear of social disorder.
Foundation models – models trained on broad data that can be adapted to a wide range of downstream tasks – can pose significant risks, ranging from intimate image abuse, cyberattacks, to bioterrorism. To reduce these risks, policymakers are starting to impose obligations on the developers of these models. However, downstream developers – actors who fine-tune or otherwise modify foundational models – can create or amplify risks by improving a model’s capabilities or compromising its safety features. This can make rules on upstream developers ineffective. One way to address this issue could be to impose direct obligations on downstream developers. However, since downstream developers are numerous, diverse, and rapidly growing in number, such direct regulation may be both practically challenging and stifling to innovation. A different approach would be to require upstream developers to mitigate downstream modification risks (e.g., by restricting what modifications can be made). Another approach would be to use alternative policy tools (e.g., clarifying how existing tort law applies to downstream developers or issuing voluntary guidance to help mitigate downstream modification risks). We expect that regulation on upstream developers to mitigate downstream modification risks will be necessary. Although further work is needed, regulation of downstream developers may also be warranted where they retain the ability to increase risk to an unacceptable level.
This chapter focuses on the second bridge between economic and social values in contract law, examining the role played by regulation in bringing together these values. The discussion questions the effectiveness of regulatory responses to business to consumer (B2C) relations in English consumer contract law, in protecting people not just as economic actors, but also as citizens, and in safeguarding values such as autonomy and human dignity. The analysis focuses on the regulation of unfair contract terms, unfair commercial practices, implied terms in contracts for the provision of goods, services and digital content, and on information and cancellation rights in business to consumer (B2C) contracts. This chapter also examines the concept of consumer vulnerability in trader– consumer relations.