Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators.

The ways in which Internet traffic is managed have direct consequences on Internet users' rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users' freedom and safeguard an open Internet. This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from three years of discussions nurtured by the members of the Dynamic Coalition on Network Neutrality (DCNN), an open and multi-stakeholder group, established under the aegis of the United Nations Internet Governance Forum (IGF).

This volume containsthe reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines - from an economic and a community law perspective - the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.

"Foreign Exchange Control in China" lays out comprehensively the compliance requirements, procedures and documentation for the conduct of foreign exchange transactions in China. Written in an easy-to-read format, the book is designed to help readers understand and handle the various complicated aspects and requirements of foreign exchange control in China. Compliance requirements for the current and capital accounts, foreign exchange settlements, use and administration of foreign exchange accounts, foreign debts and guarantees, import, export, service trade, bonded zones and qualified foreign institutional investors are closely examined with a list of the procedures to follow and applicable documentation provided. Contents are specially included to assist foreign investors deal with foreign exchange requirements whilst operating in China, including those for capital movements and remittance of profits and dividends out of China. "Foreign Exchange Control in China" is an indispensable guide to foreign investors and multinational companies as well as to lawyers, financial, accounting and tax professionals. This title forms part of the "Asia Business Law Series". "The Asia Business Law Series" is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.

Timely new edition, set to publish shortly after Brexit to make it up to date with all reforms relating to competition law in the UK and EU Written to be easily accessible to both law undergraduate students and students in related disciplines (such as Business) with straightforward language and any technical terminology fully explained in a supporting glossary. Provides historical context and contemporary information on competition law as well as covering current developments in policy Fully up-to-date and addresses emerging topics including the damages directive, digital markets and Brexit.

There are three specific purposes of "Construction Dispute Research. "First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science.

The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of 'prevention is better than cure' seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored.The studies presented in "Construction Dispute Research" collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs."

This book examines the historical and contextual background to the oil and gas resources in the Kurdish territories, placing particular emphasis on the reserves situated in the disputed provinces. The volume is singularly unique in focusing on an examination of the rules reflected in both the national and the regional constitutional, legislative, and contractual measures and documents relevant to the question of whether the central government in Baghdad or the Kurdish Regional Government (KRG) in Erbil has a stronger claim to legal control over the oil and gas resources in the disputed Kurdish territories. As a subsidiary focus, the author also draws attention to how the basic thrust of the volume connects to broader jurisprudential issues regarding the nature and purpose of law, the matter of claims by native peoples to natural resources on traditional lands, and the place of regional minorities operating in a federal system. Since the law examined is domestic or municipal in origin, additional reference is made to the role that such law can play in the "bottom up" (as opposed to more conventional "top down") development of international law. The book's opening chapters provide a valuable contextual introduction, followed by a number of substantive chapters providing an analytical and critical assessment of the controlling legal rules. Written in a scholarly, yet accessible style, and covering matters of basic importance to academics, lawyers, political scientists, government representatives, and students of energy and natural resources, as well as those of developing legal structures, Oil and Gas in the Disputed Kurdish Territories is an essential addition to any collection.

"Modern Communications LaW" provides the most comprehensive and contemporary coverage of communications law available, a subject characterized by rapidly expanding and changing horizons. The book is thorough, informative, and accessible. It is divided into three main sections that respectively consider the media's nature and context, structural governance of the communications industry, and content issues. Lively provides an in-depth study of telephone communications--an area which affects virtually the entire citizenry--as well as print, broadcasting, cable, and other new media.

The book contains several structural innovations calculated to enhance the teaching and learning process. The selection and editing of cases and other primary materials reflect the author's experience with topics that facilitate animated discussion. Additionally, the text is extensively annotated with pinpoint citations which heighten the book's utility for research and reference purposes. A particularly notable feature is the introduction of case summaries preceding all major court opinions. The synopses are intended to familiarize readers with the basic arguments, issues and reasoning so that they derive more meaning from the cases themselves than ever before. The book is well-suited for law school courses and is appropriate for communications law courses in the graduate and undergraduate curricula. Legal practitioners, media industry professionals and government regulators and policy-makers will find "Modern Communications LaW" an essential resource.

Natural disasters such as large-scale flooding are on the increase. Climate change directly affects our basis of existence. This includes residential buildings, and commercial and industrial properties. The author highlights the requirements that will have to be met by a protection system for buildings in the future. Insurance against natural hazards lies at the heart of such a system. The insurance systems of Germany, France, Spain, Switzerland and the USA are presented. The author explains what type of insurance system is best suited to meet the challenge of climate change. The starting point of the legal section is statutory insurance with a monopoly. The question of whether such insurance is compatible with Swiss and EU law is examined. Keywords in this respect are economic freedom, competition, services of general interest and universal service.

The most pressing challenge in corporate governance today is figuring out how to modulate the power given to public investors. Too little is harmful, but so is too much. Finding the sweet spot is very tricky. This Research Handbook makes the quest a little easier. It collects in one place a set of thoughtful and provocative essays, authored by leading academic experts from around the world, on a range of topics related to corporate governance and the power of shareholders. Very highly recommended.' - Jesse Fried, Harvard Law School, US'The Research Handbook on Shareholder Power offers a state-of-the-art collection of original essays on the most profound development in corporate governance in recent decades: the growth of shareholder power as against managerial dominance. From the 1960s through at least the mid-1980s one would hear only cries bemoaning shareholder vulnerability. Managers were in control. Today it is at least as common to hear complaints by managers that they are being persecuted by activist shareholders. The reader of the Handbook will come away with an acute understanding of how and why this happened, and how all this reverberates in countries.' - Donald C. Langevoort, Georgetown University, US 'Edward Elgar's Research Handbook on Shareholder Power is an excellent collection of essays by leading scholars in the fields of corporate law and corporate governance. Professors Hill and Thomas are to be commended for delivering this valuable and timely volume on a fascinating and crucial topic.' - Brian Cheffins, University of Cambridge, UK Much of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Recent shifts in capital market structure require a reassessment of the role and power of shareholders. These original, specially commissioned contributions by leading scholars in corporate law and financial economics provide a contemporary analysis of shareholder power and consider the regulatory consequences of changing ownership patterns around the world. The book begins with chapters on shareholder activism by institutional investors, hedge funds, and controlling shareholders. Further chapters explore the relationship between shareholders and the board of directors, shareholder activism around mergers and acquisitions, and turf battles during shareholder litigation. The final section offers a number of international perspectives on shareholder power in Asia, Europe, and the Americas. Students and scholars of corporate law will value the Handbook's timely exploration of modern shareholder power as well as its fresh perspective and scope. Contributors: S. Bainbridge, M. Becht, M. Belcredi, M.M. Blair, J.C. Coates, J.D. Cox, P. Davies, P.H. Edelman, T. Eguchi, L. Enriques, G. Ferrarini, F. Ferri, M. Filippelli, J. Franks, G.S. Geis, R.J. Gilson, J.N. Gordon, E. Gorga, J. Grant, L. Guo, G. Heng, J.G. Hill, K.S. Kim, L.L. Lan, R.W. Masulis, C. Mayer, F. Partnoy, P.K.Pham, E. Pikulina, D. Puchniak, L. Renneboog, W.G. Ringe, Z. Shishido, M.M. Siems, R.S. Thomas, R.B. Thompson, U. Varottil, H. Wells, J. Zein

Global warming is a serious threat to the stability of world climate and to economic prosperity in some regions. The book offers a theoretical analysis which focuses on double dividend issues. Moreover, the ecological tax reform in Germany and the options of modern energy policy are described and evaluated. The volume presents innovative model simulations and analyzes, in the context of the model, the benefits of a modified tax reform, based on a Schumpeterian approach. Finally, implications for the European Union and other countries are discussed.

The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine.

After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.

Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.

This is the first in a new series of books on the economics of the airline industry. The series is a collection of original, cutting-edge research papers from an international panel of distinguished contributors. Volume 1 will focus on topics related to competition policy and antitrust, such as the economic impact of airline alliances (both international and domestic), predation, and incumbent responses to low cost entry. Part of a "New Series," this volume focuses on competition policy and antitrust. Its contributors are international experts in the field.

There are investment aspects of the North American Free Trade Agreement (NAFTA) which considerably enhance the opportunities for foreign investment among the signatories, while at the same time improving the security of such investment. NAFTA reflects the Parties' recognition that liberalization of host country investment restrictions is as important as the elimination of trade barriers. With the assistance of such high-calibre contributors as Roberto Mayorga, Kent S. Foster, Preston Brown and Dr. Jorge Witker, this book analyzes both the advantages and disadvantages of this policy upon the investment climate within the countries of the various signatories. This book is the second volume in Kluwer's "NAFTA Law and Policy Series", publishing studies on different aspects of NAFTA, including legal analysis and commentary on the Agreement. Among the numerous areas that are to be covered in the series are topics as diverse as agriculture, dispute settlement, environment, intellectual property rights, investment and labour.

Arbitration law in Italy comes from various sources - the code of civil procedure, certain references within various laws, and the numerous bilateral and multilateral conventions to which Italy is a party. Without guidance, practitioners and academics risk missing an interpretational twist which changes the effect of the law. This book aims to provide the essential guidance needed to assure a complete, informed understanding of the law. The book concisely and effectively presents the law of arbitration in Italy through individual analyses of all relevant provisions. Accompanying notes, where appropriate, interpret the provisions and provide practical applications of each rule of law in the light of doctrinal writings, court decisions, and field experience. These notes straightforwardly present the black letter law on the topic in question. Areas covered include: dispute settlement; transnational litigation; conflict of laws; civil law; and procedural law. The text also addresses all of the main problems relating to arbitration as a method of dispute settlement by the parties' election, including: relations with state jurisdiction; status of the arbitrator; arbitrator impartiality; related duty of disclosure issues; challenges to arbitral awards; and enforcement of domestic and foreign awards in Italy. This book is offered in four languages - English, French, German, and Italian - for ease of reading for a geographical variety of audiences. Footnotes and cross-references also enhance its credibility.

Directed primarily toward college/university students, this text also provides practical content to current and aspiring industry professionals. Environmental Law is designed to introduce those without any legal or special scientific training to the system through which the nation attempts to preserve and protect the different aspects of our environment.

Most national taxation regimes afford certain privileges to non-governmental non-profit organizations of public benefit. However, cross-border extension of such privileges has failed to materialize in any significant way, despite various efforts and the existence of model treaty provisions and even draft NGO multilateral tax treaties. Although experts tend to oppose harmonization on the grounds that international privilege would sink to the lowest national level there does seem to be general agreement that tax incentives to encourage the cross-border activity of public benefit organizations should be clarified and augmented. The expert authors whose work is assembled in this book offer rich perspectives on this issue. Their various analyses include the following: detailed discussion of the objections of principle commonly advanced by states; the role of discrimination legislation in strategies to advance cross-border privilege; the continuing failure of political will to achieve changes in this area of taxation; the potential of reciprocal unilateral action; tax treaties and non-tax treaties with tax-related provisions; multilateral initiatives (OECD, UN, EU, Council of Europe, World Bank, regional treaties); and Documentation (International Bureau of Fiscal Documentation). Quite apart from its importance as an in-depth study of a taxation issue of significant social value, The Tax Treatment of NGOs will be of great assistance to NGOs and their supporters and benefactors. It opens the way to more vigorous lobbying power for the NGO community to influence changes in taxation law and policy.