The genealogy of risk is closely linked with the development of insurance, which in turn is linked to changes in the forms of political liberalism. This paper examines shifts in this triangular relationship from the early 19th century to the present, and argues that risk has changed its forms...

Risk has not been regarded positively in most social theory and critical criminology, especially in the light of Beck's 'risk society' thesis. This paper argues that such criticism is misplaced. Risk is an extremely variable governmental technology, and many of the targets of criticism are...

Kent Greenawalt claims that one rationale for nonestablishment of religion is personal autonomy. If, however, the law is barred from manipulating people in religious directions (and thus violating their autonomy), while it remains free to manipulate them in nonreligious directions (and thus...

Phillip Cosby, the Executive Director of the Kansas City chapter of the National Coalition for the Protection of Children & Families, has spent the last several years trying to redefine obscenity and the First Amendment in his conservative-leaning state. He believes pornography is a poison...

In contrast to the thoroughly researched and considered process of law reform, this article argues that laws are often enacted by governments as a knee-jerk reaction to well-publicised events that capture the imagination of the public in the form of moral panics. The writings of Garland, Cohen...

This is the second paper in our trilogy focusing on persistent expansion in unsecured consumer lending in Japan, leading to increasing over-indebtedness and then major judicial and legislative responses particularly from 2006. The Japanese experience provides important lessons particularly in...

This paper examines the economic regulation of international civil aviation with a view to debunking a number of myths surrounding it. The focus is on public international law understood in its classical construct. The economic regulation of international civil aviation came about in the...

This article argues that large portions of the Internal Revenue Code are already formalized, because tax forms themselves formalize significant portions of tax law. (Tax preparation programs such as TurboTax do not encode the law—they encode the forms.) Tax forms turn portions of the law into...

Territoriality is one of the important principles of trademark law; however, the principle of territoriality is problematic and leads to many conflicts in the era of globalized trade and e-commerce. The European Union (EU) and Switzerland have a doctrine of maximalist protection of Indications...

As America enters the new decade, we enter a period of significant change. With the unexpected rise of the COVID-19 pandemic, many Americans are now questioning the current system and are looking for positive change. Politicians and policymakers need to seize this opportunity to protect...