In her interdisciplinary dissertation, the author challenges the purely legalistic approach to civil rights discrimination protection. Using theories drawn from economics and psychology, she analyzes discrimination and asks whether and in what way the ban on civil rights discrimination actually influences such choices. On this basis, she makes a normative argument for anti discrimination prohibitions that preserve freedom."

"Law and Markets" examines the interaction between legal rules, market forces and prices. It emphasises the economic effects of legal rules on individual incentives in both market and non-market settings, and draws on cases and materials from a wide variety of legal jurisdictions to illustrate economic principles.

In declaring the war against terrorism President George W. Bush also declared war on the financing of terrorism. The call to arms has been complemented by a concerted effort world-wide to track down and freeze the assets of suspected terrorists and financial institutions have risen to these challenges over the last year contributing their expertise gathered mostly through techniques to combat money laundering. In this book bankers, regulators and academics pose a variety of questions from their individual perspectives: To what extent are new laws really new? What can financial institutions realistically contribute to the suppression of terrorist financing? Can individual rights be protected in these circumstances? These questions are analysed by experts who come up with some thought provoking answers.

Preface by T. Morrison, Director-General of the European Diagnostic Manufacturers Association. Contributors: W. Kewenig; G. Forlani, J. Marriage, G. Ulloa This book is based upon a report prepared at the request of the European Commission. Its purpose is to set out the existing laws regulating the development, production, distribution and use of in vitro diagnostic medical devices (IVDMD) in the U.K., Germany, France, Italy and Spain. Each national section has the same structure and covers the same ground in order to enable comparisons. IVDM Devices includes not only reagents, but also technical instruments, or combination of both, for human use. The book is directed towards industry and the regulation is covered with a high degree of specificity. This reference book, completely written in English, is the only comprehensive exposition of the laws of the five countries regarding IVDM Devices available. It is also the most convenient means of comparing those laws. As such, it will be a useful guide to all IVDM Devices manufacturers interested in the European market.

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.

Statistics for Lawyers is designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law. The book consists of sections of exposition followed by real-world cases and case studies in which statistical data have played a role. The reader is asked to apply the theory to the facts, to calculate results (a hand calculator is sufficient), and to explore legal issues raised by quantitative findings. The authors' calculations and comments are given in the back of the book. The cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, and the death penalty. The first edition of Statistics for Lawyers, which appeared in 1990, has been used in law, statistics, and social science courses. In 1991 it was selected by the University of Michigan Law Review as one of the important law books of the year. This second edition includes many new problems reflecting current developments in the law, including a new chapter on epidemiology. Michael O. Finkelstein is a practicing lawyer in New York City. He has been a member of the adjunct faculty of Columbia University Law School since 1967, teaching Statistics for Lawyers, and has also taught at Harvard, New York University, and Yale Law Schools. He is the author of a book of essays, Quantitative Methods in Law, and numerous law review articles on the applications of statistics in law. He frequently consults and testifies in litigated matters. Bruce Levin is a professor at the Joseph L. Mailman School of Public Health of Columbia University in the Division of Biostatistics. He is the Consulting Editor for Statistics for the American Journal of Public Health, participates in clinical trials, and is the author of numerous articles on the subject of biostatistics. He has consulted and testified as an expert in many law cases involving statistical issues.

The expansion of world trade has brought with it an explosive growth in counterfeit merchandise. Estimates put the world total for counterfeit products at about one half trillion dollars annually, although it is impossible to accurately determine the true size of the counterfeit market. What is known is that this illicit trade has infected nearly every industry from pharmaceuticals to aircraft parts. Software and music piracy are easy targets widely reported in the media. In 2007, the Business Software Alliance (BSA) estimated that 38% of personal computer software installed worldwide was illegal and the losses to the software industry were $48 billion worldwide. The Recording Industry Association of America (RIAA) reported a 58% increase in the seizures of counterfeit CDs. Overall, a wide range of industries agree that there is a severe problem with the protection of intellectual property rights (IPR) throughout the world, yet there have been virtually no attempts to describe all aspects of the problem. This work aims to give the most complete description of various characteristics of the IPR environment in a global context. We believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit products, tactics of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. This book establishes the full environmental aspects of piracy, describes successful anti-counterfeiting actions and then prescribes measures IPR owners should take to protect their intellectual property.

This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.

European Consumer Policy after Maastricht raises both `horizontal' and `vertical' issues of consumer policy in the European Community and associated countries. The work was prompted by three important `constitutional' events in Europe: the completion of the Internal Market on 31 December 1992, the adoption of the Maastricht Treaty on Political Union, and the conclusion of the Agreement on the European Economic Area (EEA). The `horizontal' papers in Part I are concerned both with analyzing the `acquis' of consumer policy in Europe and with new directions as well as obstacles. The keynote paper by Micklitz and Weatherill gives an overall analysis of the political and legal bases of consumer policy from both the Internal Market and the Political Union perspectives. It is followed by two papers on subsidiarity by Gibson and Dahl which take up and clarify a somewhat confusing and irritating discussion in the EC. Lothar Maier is concerned with the function and role of the Consumer's Consultative Council in the EC of which he is the President; Monique Goyens with the opportunities and especially the shortcomings of consumer interest lobbying in the EC by her association, BEUC. The papers by Schmitz, Micklitz, Wilhelmsson and Kramer raise controversial and still unresolved policy and legal issues which go beyond traditional consumer policy via directives, e.g. in commercial marketing, cross-border litigation, contract law matters and conflicts between consumer and conflicts between consumer and environmental policy. Part II is concerned with national perspectives. The individual country reports relate to the EC and EEA countries and to Switzerland. They document the diverse -- sometimes protective, sometimes disturbing -- impact of EC lawmaking on national legislation, court practice and enforcement. They demonstrate that law harmonization is a painstaking process towards the goal of creating a European legal area with common protective standards.

As part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty 's prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008.

The chapters in this volume critically appraise the Commission 's proposals, including the most recent ones. The authors also highlight the repercussions of the proposed more economic approach to abuses of dominant positions on private litigants opportunities to bring damages actions in national courts for such abuses.

After exploring multifaceted issues of IPR enforcement, this book argues that the problems with it are not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are inevitable consequences of inadequate economic development. It goes on to state that they are a by-product of a unique set of socioeconomic crises that have their origin in a dysfunctional institutional regime.

National tax authorities individually determine multinational ?rms' country-speci?c tax liabilities by applying one or more sanctioned transfer pricing methodologies. These methodologies are founded on basic assumptions about market structure and ?rm behavior that are rarely empirically valid. Moreover, for the most part, the transfer pricing methodologies now in vogue were developed before the Internet became a dominant factor in the world economy, and hedge and private equity funds transformed ?nancial and commodities markets. For these reasons, multinational ?rms are unable to accurately anticipate their tax liabilities in individual countries, and remain at risk of double taxation. Uncertainties in corporate tax liability are extremely costly, both for individual corporations and from an economy-wide perspective. Firms pay exorbitant fees to have tax attorneys, accountants and economists prepare the documentation required by tax authorities to substantiate their intercompany pricing practices and defend their tax positions on audit. Corporate tax liabilities are also potentially much higher than they would be under a more transparent and predictable transfer pricing regime (due to the potential for double taxation and penalties), and investors' returns are reduced accordingly. The FASB's Interpretation No. 48, Accounting for Uncertainty in Income Taxes (released on July 13, 2006), has motivated multinational ?rms to increase their reserves substantially (in many cases at the insistence of their au- tors), reducing the total funds available for productive investment. 1 The current transfer pricing regimes are embodied in the OECD Guidelines, individual OECD member countries' interpretations thereof, the U. S.

Challenges facing central bankers are expertly examined and analyzed. The book explores monetary policy and financial crisis as well as insolvency, collective action clauses, international mediation, and management of central banks. The author has worked as an economist at the Monetary and Economic Department of the Bank for International Settlements and as an international mediator for the Secretariat of the G10 Ministers and Governors.

This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.

The current corporate social responsibility debate on the ethical, social and ecological significance and responsibility of companies are significantly determined by two central concepts - sustainable development and shareholder value. One idea that contains both concepts is that of the socially responsible investment. How socially responsible investment works, how it is legally classified, and which regulations build the framework that allows and limits socially responsible investment are described in detail in this work.

Das Recht der stillen Gesellschaft eroeffnet einen weiten Gestaltungsspielraum. Dieses Werk stellt umfassend die besonderen rechtlichen Anforderungen dar, die fur die stille Beteiligung an einer Aktiengesellschaft gelten. Ausgehend von den Motiven fur die Rechtsformwahl werden die Moeglichkeiten und Grenzen der Vertragsgestaltung dargestellt. Die Darstellung fuhrt von der Begrundung der Beteiligung bis zu ihrer Beendung und berucksichtigt das Personengesellschaftsrecht, das Recht der Fremdfinanzierung der Aktiengesellschaft, das Konzernrecht und das Umwandlungsrecht.

This book presents a clear and precise overview of the key aspects of German business law. It was written by attorneys involved in the daily practice of bu- ness law in Germany and is aimed at people who wish to orient themselves quickly with the German legal system and the manner in which it impacts bu- ness purchases, establishment, operations and liquidations. The first section of the book is devoted to an explanation of the major issues to be considered in acquiring or establishing a business in Germany. The second section focuses on areas of commercial law that are important for an operating business. In comparison to the last edition four new areas (transportation law, customs regulations, insurance law and state liability law) are treated. The f- lowing sections deal with labor law as an independent part of German business law and with computer law. Furthermore, procedural law and European law are addressed. Finally, the last two sections of the book are devoted to an overview over the German tax law, which has an enormous impact on business decisions, and IP law. In all sections special attention has been paid to highlighting and explaining the differences between the German legal system and that of the United States. Nevertheless, the intention is to provide information that will prove valuable to all foreigners, particularly business men and women and lawyers advising clients with an interest in doing business in Germany.

A practical guide to best and worst practices for family businesses--from drawing up incorporation documents to succession planning to selling the business. The book also includes examples from actual court cases and presents these lessons in an accessible manner. Sample legal agreements are included which help to avoid some of the major risks to the family business.

A liner conference, as a self-regulation organisational form of liner shipping companies, constitutes a typical "hard-core cartel" with significant anti-competitive effect. One of the main three trade routes of liner shipping traffic is the Europe-Asia Trade, on the two ends of which both the European Community (EC) and the People's Republic of China (PRC) play important roles in the international liner shipping market. However, the competition regimes on liner conferences in both jurisdictions are not equivalent. From a comparative point of view, this book reviews the historical development of maritime policy and regulatory legislation in the EC and the PRC, catches insight into the system of regulation regime and individual provisions in substantive and procedural meaning, and finally provides a wide-ranging perspective on the future competition regulation in respect of the latest developments in both jurisdictions.

The focus of this work is the concept of full harmonization in European private law. Using the relevant guidelines developed to date, it examines the actual scope of this concept in current practice and makes suggestions for how European Union legislators may meaningfully make use of this method. Besides the juridical challenges facing full harmonization, the study also shows the importance of its economic effects.

Mit Vertr gen sollen wirtschaftliche Ziele umgesetzt werden. Das gelingt nur deshalb, weil Regeln dar ber bestehen, welches Verhalten durch Vertr ge bewirkt und im Streitfall erzwungen werden kann. Fr her orientierten sich Vertragsinhalte vornehmlich daran, was die Vertragsparteien wollten, heute sind sie zunehmend an die Wertvorstellungen des Gesetzgebers gebunden. Das Buch hilft dabei, die Konsequenzen zu berschauen, die sich daraus f r die Vertragsparteien ergeben, die wirtschaftlichen Folgen zu erkennen und vertraglich zu gestalten.

Ido Baum explores the professional testimonial privileges of attorneys, accountants, and journalists in the United States, England, and Germany. The author provides new insights into the internal effects of the corporate lawyer-client privilege on corporate decision making. Finally, he presents the first model-based efficiency comparison of the American and English rules regarding the revelation of confidential media sources.