Will cyberanarchy rule the net? And if we do find a way to regulate our cyberlife will national borders dissolve as the Internet becomes the first global state? In this provocative new work, Jack L. Goldsmith and Tim Wu dismiss the fashionable talk of both a 'borderless' net and of a single governing 'code'. Territorial governments can and will, they contend, exercise significant control over all aspects of Internet communications. Examining policy puzzles from e-commerce to privacy, speech and pornography, intellectual property, and cybercrime, Who Controls the Internet demonstrates that individual governments rather than private or global bodies will play that dominant role in regulation. Accessible and controversial, this work is bound to stir comment.

This sweeping, comparative study of taxation in the United States and Australia shows that even as governments in the Western world have become increasingly sophisticated tax collectors, a competitive and ruthless market in advice on tax avoidance has developed. The same competitive forces in the late twentieth century which have driven down prices and sparked efficiencies in the production of fast food or computer parts have helped stimulate the markets for "bads" like tax shelters and problem gambling. Braithwaite draws the surprising conclusion that effective regulation could actually flip markets in vice to markets of virtue. Essential reading for anyone involved in policy, governance, and regulation, Markets in Vice, Markets in Virtue provides a blueprint for restoring the equity of Western tax systems and a breakthrough theory of how regulators can support markets in virtue and curtail markets in vice.

Corporate accountability must be examined within the perspective of a company's business challenges. There is a synergy between shareholder value and the responsibilities of management. This book is based on an extensive research project done by the author in the 2001 to 2003 timeframe in the United States, England, Germany, France, Italy and Switzerland. It includes a great deal of case studies in corporate accountability and governance, particularly among financial institutions. Significant attention is also paid to good governance of pension funds.

How to avoid taxpayers paying for bank failures and banking crises? This book provides a proposal and a critique by twelve independent experts. It is addressed particularly to the threat posed in Europe by having large international banks, a history of bailouts and limited means of resolving any future banking crises. It shows how political imperatives and legal constraints currently result in economic losses in many countries round the world.

Das Personengesellschaftsrecht ist durch die besonders enge Verbundenheit der Gesellschafter gepragt. Was passiert aber, wenn diese Vertrauensgrundlage erschuttert wird? Der BGH lehnt eine vereinfachte Gesellschaftertrennung durch Hinauskundigung (Ausschluss ohne Grund) ab. Hinauskundigungsklauseln sind nach standiger Rechtsprechung grundsatzlich sittenwidrig. Diese Publikation erforscht, wie der Gesellschafterausschluss praxisnah gestaltet werden kann. Die Autorin setzt sich zunachst kritisch mit der Rechtsprechung des BGH auseinander und entwickelt dann einen neuen, praxistauglichen Loesungsansatz, der auf einer alleinigen Ausubungskontrolle der Ausschlussentscheidung basiert. Besondere Bedeutung erlangt dabei die Untersuchung des liberalen US-amerikanischen Gesellschaftsrechts.

The ideal text to guide students through the complexities of the law of international trade, "The Law of International Trade 3e" presents the law relating to all the main aspects of the overseas sale in an accessible and easily-navigated format. Opening with chapters on modes of carriage, the book goes on to consider the contracts of sale on which they are based, insurance, disputes, and the influence of EC law. Real life documents and examples are used throughout to illustrate the practicalities of the subject. The third edition has been fully updated to take into account new developments particularly in the area of electronic commerce. All significant cases decided since the publication of the previous edition have also been referred to in the text to bring you complete and dependable information.

The Michigan Uniform Commercial Code contains the complete official Michigan Uniform Commercial Code (UCC) text and is intended for use as a quick reference. Information is arranged in one softbound volume and is arranged chronologically by code articles for fast and easy access. Updated through March 1, 2014. Contents: Article 1 - General Provisions Article 2 - Sales Article 2A - Leases Article 3 - Negotiable Instruments Article 4 - Bank Deposits and Collections Article 4A - Funds Transfers Article 5 - Letters of Credit Article 7 - Warehouse Receipts, Bills Of Lading and Other Documents of Title Article 8 - Investment Securities Article 9 - Secured Transactions

This book delves into the nature of governance in Asia both at government and corporate level. It reviews the history and suggests potential solutions for years of underperformance due to the corrupt practices that have developed because of a poor understanding of corporate governance. The authors are experts in practices in Asia and their views are expressed in a sympathetic manner, at no time insisting that a western model of governance is correct. Instead the authors advise local models appropriate to the state of development and suggest that individual countries institute behavioural models that will mature as nations quickly develop in an increasingly global world.

Mergers and acquisitions continue to grow rapidly in transaction numbers and volume worldwide, bringing about radical changes to the corporate landscape. The enactment of mergers and acquisitions, particularly in cross border transactions, involves complex economic, legal, technical, and social procedures, closely interlinked and embracing several sectors and disciplines. This comprehensive and interdisciplinary handbook addresses the issues involved in effecting mergers and acquisitions internationally. The authors' practice-oriented approach follows the normal course of the transactions through the planning phase, the execution phase and the post-merger integration/implementation phase, providing managers, investment bankers, legal advisors, accountants and academics with an in-depth understanding of the factors necessary for success and the means to understand and improve transaction management and create new economic values.

This book seeks to examine the relationship between corporate law rules and economic performance. Contributors examine the design of the two main systems of corporate governance to ascertain which bundle of rules is likely to support the emergence of a strong system of governance. They seek to show that the performance of companies is linked to different patterns of shareholding, legal rules, and non-legal relationships.

Internet gaming sparks controversy from corporate board rooms to legislative hallways. Unlike traditional casinos, the Internet permits people to engage in gaming activities from virtually anywhere over computers and mobile devices. Governments and policy makers looking at this activity struggle with such questions as whether regulation can assure that Internet gaming can be restricted to adults, the games offered are fair and honest, and players will be paid if they win. This book is a timely collection of eleven chapters discussing key considerations and model approaches to internet gaming regulation and outlining the important questions and emerging answers to regulating gaming activity outside of land-based casinos. Some of the regulatory insights are taken from lessons learned in the land-based casino industry and others from the relatively newer experiences of international internet gaming providers. Contributors are among the world's leading experts on Internet gaming. They focus on structural concerns including record-keeping, managing different taxing regimes, maintaining effective controls, protecting customer funds, and preventing money laundering, as well as on policy concerns ensuring responsible play, the detection of fraud, reliable age verification, and the enforcement of gaming laws and norms across jurisdictions. Internet gaming is an emerging field, especially in the U.S., and the contributors to this book provide regulatory examples and lessons that will be helpful to lawyers, policy makers, gaming operators and others interested in this burgeoning industry. Chapters include: 1 Licensing by Anthony Cabot 2 Accounting, Audits, and Recordkeeping by Peter J. Kulick 3 Taxation of Regulated Internet Gambling by Sanford I. Millar 4 Technical Compliance by Richard Williamson 5 The Protection Of Customer Funds by Nick Nocton 6 Financial Transactions and Money Laundering by Stuart Hoegner 7 Internet Gambling Advertising Best Practices by Lawrence G. Walters 8 Responsible Gaming by Frank Catania, Sr., Gary Ehrlich, and Antonia Cowan 9 Ensuring Internet Gaming that is Free from Fraud and Cheating by Alan Littler 10 Age Verification by J. Blair Richardson 11 Proposal for an International Convention on Online Gambling by Marketa Trimble The book also includes an introductory editors' note, an index, and a table of cases.

Blackstone's Landlord and Tenant Series breaks down the subject of landlord and tenant into the areas that come up most in practice. Each book in the series provides practical treatment of a particular subject. With their clear exposition of the law, they will be invaluable to landlord and tenant specialists. As business tenancies are traditionally short in length a considerable amount of commercial property work is concerned with their renewal under Part II of the Landlord and Tenant Act 1954. This book provides the practitioner with a detailed and practical guide to all aspects of the law on the statutory renewal of business tenancies and the often complex issues which can arise during the renewal process. It suggests realistic answers for practitioners when dealing with these issues. It will equip commercial property professional with thorough practical knowledge of the Landlord and Tenant Act 1927 and 1954, and related case law. Practical examples illustrate the text and the implications of the Civil Procedure Rules are considered where appropriate.

In the wake of a series of corporate governance disasters in the US and Europe which have gained almost mythic status - Enron, WorldCom, Tyco, Adelphia, HealthSouth, Parmalat - one question has not yet been addressed. A number of 'gatekeeping' professions - auditors, attorneys, securities analysts, credit-rating agencies - exist to guard against these governance failures. Yet clearly these watchdogs did not bark while corporations were looted and destroyed. But why not? To answer these questions, a more detailed investigation is necessary that moves beyond journalism and easy scapegoating, and examines the evolution, responsibilities, and standards of these professions. John Coffee, world-renowned Professor of Corporate Law, examines how these gatekeeping professions developed, to what degree they failed, and what reforms are feasible. Above all, this book examines the institutional changes and pressures that caused gatekeepers to underperform or neglect their responsibilities, and focuses on those feasible changes that can restore gatekeepers as the loyal agents of investors. This informed and readable view of the players on the contemporary business stage will be essential reading for investors, professionals, executives and business academics concerned with issues of good governance.

Most commercial contracts contain exclusion clauses and indemnities. Much effort is spent negotiating them, and yet they are often poorly understood. This book provides a practical guide to approaching these clauses so as to ensure your interests are best protected. The importance of each clause is highlighted along with helpful tips drawn from the long experience of the authors in drafting, negotiating and interpreting commercial contracts in their everyday practice.

Every commercial transaction involves risk. Negotiating the terms of a contract that gives effect to a transaction provides an opportunity to transfer that risk to someone else through the use of common drafting mechanisms including warranties, indemnities, exclusion clauses and insurance clauses. This book provides a practical guide to approaching these clauses so as to ensure your interests are best protected. The importance of each clause is highlighted along with helpful tips drawn from the long experience of the authors in drafting, negotiating and interpreting commercial contracts in their everyday practice.

The globalization of financial markets has attracted much academic and policymaking commentary in recent years, especially with the growing number of banking and financial crises and the current credit crisis that has threatened the stability of the global financial system. This major new Research Handbook sets out to address some of the fundamental issues in financial regulation from a comparative and international perspective and to identify some of the main research themes and approaches that combine economic, legal and institutional analysis of financial markets. Specially commissioned contributions represent diverse viewpoints on the financial regulation debate and cover a number of new and controversial topics not yet adequately addressed in the literature. Specifically, these include; financial innovation - particularly in the context of the credit risk transfer market, securitization and the systemic importance of the over-the-counter trading markets; the institutional structure of international financial regulation; and risk management and corporate governance of financial institutions. This Handbook will provide a unique and comprehensive resource for all those with an interest in this critical issue - including academic researchers in finance and regulation, practitioners working in the industry and those involved with regulation and policy. Contributors: K. Alexander, I. Alfon, I. Argimon, P. Bascunana-Ambros, T. Burns, A. Cornford, R. Dhumale, J. Eatwell, M. Fujii, I. Hasan, K.R. Ilmonen, E.J. Kane, M. Kawai, D. Masciandaro, D.G. Mayes, A. Nesvetailova, C. Papathanassiou, A. Persaud, D. Pesendorfer, G. Riccio, X. Roduner, C.A. Russo, A. Singh, M. Waisman

For many companies, brands are now their most valuable assets - yet there is insufficient knowledge within business in general of legal systems that exist to allow brand owners to protect these assets. Equally, few trademark lawyers fully understand the commercial significance of these legal systems for the success of brand-based businesses. Adopting an interdisciplinary approach, Trademarks divulges the legal enigma to the brand owner, and the business advantage of trademarking to the lawyer, whilst providing a unique insight into all aspects of trademarking for all those fascinated by this channel for success.

Das Buch zeigt die rechtlichen Hurden bei einem Anteilserwerb durch Minderjahrige auf. Gesellschaftsanteile werden von Minderjahrigen aus unterschiedlichen Grunden erworben. Teilweise besteht ihr Wunsch darin, fruhzeitig unternehmerisch tatig zu sein. Haufig dient der Erwerb innerfamiliaren steuerlichen Zwecken. Der Autor beleuchtet, ob es fur einen wirksamen Erwerb der elterlichen Zustimmung, der Bestellung eines Erganzungspflegers oder der familiengerichtlichen Genehmigung bedarf. Hierbei unterscheidet er nach der Art des Anteilserwerbs sowie zwischen verschiedenen Rechtsformen einer Personen- und Kapitalgesellschaft. Ausserdem untersucht er die Gestaltungsrechte des Minderjahrigen nach einem Anteilserwerb, insbesondere die Haftungsbeschrankung und die Kundigung eines Mitgliedschaftsrechts.

Die Treibstoffpreise sind nahezu taglich in den Medien vertreten. Sie sind als bedeutender Wirtschaftsfaktor ein standiges Thema der politischen Diskussion. Da die Mineraloelwirtschaft in fast allen Staaten Europas oligopolistisch gepragt ist, tritt eine deutliche Abschwachung des Wettbewerbs ein. Dies lenkt die Betrachtung auf die vertikalen Vertriebsbindungen der Branche. Die Arbeit behandelt die zivilrechtliche Einordnung von Tankstellenvertragen sowie deren kartellrechtliche Zulassigkeit. Dabei stellt sich heraus, dass der typische Tankstellenvertrag nur wenig Gemeinsamkeiten mit einem Handelsvertretervertrag hat. Vielmehr werden Risiken ubernommen, die einem Vertragshandler gleichen. Daher ist die bestehende Bestimmung der Treibstoffabgabepreise durch die Mineraloelfirmen problematisch.

Commercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. This coverage is enhanced through a range of novel learning features, including examples, definitions, and diagrams, that encourage understanding and demonstrate how the principles behind the law are applied in practical transactions. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks This edition is also accompanied by a selection of online resources to support and further student learning, including: * Self-test questions * Additional chapters on alternative dispute resolution, the UN Convention on the International Sale of Goods, consumer credit, principles of insurance law, and WTO rules and bilateral trade rules * Answers to questions posed in the book * Flashcards for key terminology * Further reading * A guide to OSCOLA referencing * Downloadable figures from the book

Das deutsche Internationale Sachenrecht wurde erstmals im Jahre 1999 kodifiziert. Im wesentlichen sollte die Kodifikation das geltende gewohnheits- und richterrechtliche Internationale Sachenrecht in das EGBGB ubernehmen. Es ist in den Anknupfungspunkten durch die Grundsatze von Rechtssicherheit und Rechtsklarheit gepragt und folgt insoweit dem deutschen materiellen Sachenrecht. Lediglich die Ausweichklausel in Art. 46 EGBGB fuhrt mit ihrer Anknupfung an den offenen Begriff der wesentlich engeren Verbindung zu einer Rechtsunsicherheit. Der Rechtsanwender steht oft vor der Frage, ob er eine Regelkollisionsnorm oder die Ausweichklausel anwenden soll. Der Autor unternimmt es, den Begriff der wesentlich engeren Verbindung zu konkretisieren und abschliessende Fallgruppen zu bilden. Auf diese Weise wird das Eingreifen des Art. 46 EGBGB vorhersehbar und die Rechtsunsicherheit gebannt.

IT Outsourcing A wide range of industry sectors need IT, and many organisations choose to outsource this (for example, banking, pharmaceuticals, travel and insurance companies). Outsourcing exists in many guises; IT payroll, helpdesk and IT maintenance requirements or the whole IT function. This book identifies some of the benefits and the pitfalls that an organisation may encounter when outsourcing its IT. IT Outsourcing Contracts: A legal and practical guide will provide readers with: * An overview of IT outsourcing, including advantages and disadvantages * Details of what needs to be considered when choosing whether or not to outsource IT * Typical scenarios that can arise when outsourcing IT and information on typical solutions that have been adopted by other organisations * An overview of the IT outsourcing process and useful information about the lifecycle from choosing a supplier, through to termination * An understanding of legal and practical issues that might arise in an IT outsourcing contract. The benefits for your organisation IT outsourcing can provide many benefits for your organisation, including cost savings and improved services. It can thus enable your organisation to operate more efficiently, and potentially make more profit. This book details the issues you need to take into consideration and the steps you need to follow in order to achieve these benefits.

The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.