This chapter introduces European employment law and its associated legal issues. When is an employee actually a contractor (and vice versa), this chapter gives you some handy pointers to enable you to tell the difference. It covers gender pay, holiday allowances, minimum pay and termination provisions. It also considers the intellectual property position as far as the creations of employees are concerned both in terms of creative works such as copyright and designs law and the associated moral rights. More specifically as far as the fashion industry is concerned, it looks at the use of interns and the various ethical codes for models. The chapter also looks at the important question of social media both in terms of employees who are responsible for a brand’s social media and the extent to which, if any, it is possible to monitor and control and employee’s use of social media.
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This chapter looks at the basic questions all fashion businesses must consider when starting out including which legal structure is best and how they are going to get funding. It dives into the practical issues such as different approaches to equity splits and government incentives as well as the more modern methods of financing such as crowd-funding and online debt finance. It is a practical introduction to the legal issues and corporate structures for anyone considering starting up a new business in Europe.
The internet is a very powerful tool which has enabled many businesses to grow extremely quickly. It enables near instantaneous global communications with customers and potential customers both via customer service tools such as instant messaging and chat bots and social media itself. However, it is not without its fair share of potential pitfalls. This chapter looks at some of the more common issues that face the fashion industry when conducting business online. This includes the importance of clearing intellectual property rights before using them online, an introduction to Creative Commons licences and the way in which online takedowns work. It also introduces some of the issues connected to Google advertising. These issues are considered in more detail in the context of advertising (Ch 16).
The world of retail is experiencing a seismic shift where traditional bricks-and-mortar stores are struggling to decide what their new identity is going to be in the post e-commerce world. This chapter looks at the different ways in which it is possible for fashion businesses to operate a physical presence into this brave new world. The options considered in this chapter include traditional retail leases, pop-up stores and concessions in department stores. The chapter discusses the common legal issues and identifies the practical problems to watch out for together with some techniques for minimising these issues.
There are numerous issues to consider when planning an advertising campaign in Europe. These range from clearing all intellectual property rights to complying with data protection law. This chapter introduces the common issues which can arise, particularly in fashion-focused advertising. It looks at misleading advertising both generally and in the context of social media including the importance of any paid ‘influencers’ identifying that they have been paid for the privilege of the post. It also examines the use of Google adwords, comparative advertising, sponsorship and celebrities both from a legal and practical perspective.
Keynes and Ohlin encountered each other in two famous controversies in the Economic Journal, both under the editorship of Keynes. The first, which took place in 1929, was the debate about the transfer problem in German reparation payments. The second was an exchange in 1937 about anticipations and critique of Keynes’s General Theory by a group of Swedish economists whom Ohlin described as “the Stockholm School”. Both debates ended inconclusively, but came to stimulate further developments in development economics and macroeconomics. A closer look at the relevant articles helps to define the common ground in the two controversies. It corroborates Ohlin’s claim that there was a “parallel development of several essential aspects of theory and policy in Cambridge and Stockholm” during those years of high theory.
John B. Davis
Russell’s influence on Cambridge philosophy is summarized in terms of his logicist attempt to derive all mathematical truths from the axioms and rules of inference of symbolic logic. Keynes’s Treatise on Probability is explained as a parallel attempt to explain the logical foundations of probability. His view was that probability was a matter of judgement and logic rather than statistical frequencies. The early Keynes also took up and extended Russell’s epistemological views, particularly the distinction between knowledge by acquaintance and knowledge by description. These views were later criticized by Ramsey. Different views regarding how Keynes addressed these criticisms of his early probability view are briefly summarized, and Russell and Keynes are compared in terms of their later careers.
In the past decades of international legal thought, the defining role of bindingness has increasingly been approached with scepticism. It is less and less construed as the exclusive genetic code that provides the instructions for the identification and autonomous development of international legal discourses as international lawyers have sought to emancipate themselves from their own genetic heritage. Since the second half of the twentieth century, many international lawyers have come to feel that international legal discourses ought no longer to be structured and developed around the dichotomy between the ‘legally binding’ and the ‘legally nonbinding’. Their emancipatory moves have arguably brought about refreshing dynamism and excitement in international legal thought. And yet, as this chapter argues, bindingness has proved resilient. After recalling the modern understandings and ontological functions of bindingness in international legal discourses, a few observations are formulated on the emancipatory experiments found in recent international legal thought. The chapter ends with some remarks on the resilience of the idea of bindingness as a result of the anxiety and suspicion that has accompanied attempts to alter the genetic code of the discipline.
Benjamin J. Muller
What is the biometric border? How did it emerge and to what extent have biometric technologies changed borders and the experience and articulation of the bodies that cross them? Although the use of biometrics in border security and visa and mobility management are presented as enabling verification and authentication of political identity, deeper trends towards what for lack of a better term we might refer to as a ‘biometric state’ are part of this story. It is as much about the increasing interoperability and interchangeability of border security and identity management tactics that biometrics promises, as it is about proliferating and enhancing sovereign power as global commerce and mobility challenge the state’s resilience. Referred to as emergency or exception, biometric borders are instrumental facilitators in the proliferation and permanence of this discretionary sovereign power.
While immigration detention has attracted a growing amount of critical attention, alternatives to immigration detention have largely gone unnoticed. This chapter starts to fill this gap by analysing a particular type of alternative to detention known as ‘community detention’. Building on debates about the uses and limitations of biopolitical theory in border studies, the author critically analyses the phenomenon of community detention to explore the nature of the exception in the governance of borders. The phrase embodied borders is used to account for the location and negotiation of state borders at the site of the migrant body. This raises significant conceptual challenges for the traditional definition of the state as a political authority bound by territory. In the chapter the author confirms yet renegotiates the nature of the exception in contemporary border policies.