Twenty-eight nationally recognized authorities on various aspects of fair employment laws and practices provide sound, innovative, state-of-the art procedures to select job applicants and predict their success. Written by personnel psychologists, attorneys, and human resource specialists, the book helps executives reduce adverse impacts on minorities, women, and older and disabled workers while providing them with the means to develop, evaluate, and if necessary participate in the litigation of employee selection procedures. It will also provide understanding of the ways that personnel psychologists construct and validate tests and how adverse impact is evaluated and interpreted by the Supreme Court. This is an accessible, hands-on resource for executives in various capacities, students in fields related to employee selection, and attorneys concerned with fair employment litigation.

Dr. Barrett points out that human resource people need to learn more about the selection procedures that fairly and accurately identify the most talented members of the applicant pool. Baffled by the way personnel psychologists do their testing, they need ways to evaluate for themselves what the psychologists are telling them. Those who are already familiar with the tools of testing, such as psychometrics, statistics, and test construction, need understanding for how these tests are related to fair employment. Lawyers involved in fair employment litigation need information on how these tools and tactics can be used in the preparation of cases. Dr. Barrett's book provides this information in chapters devoted to the development of fair employment law, ethical standards relating to fair employment testing, standards for job relatedness of selection procedures and the variety of selection procedures available. The book also covers gender issues, the role of the EEOC and other government agencies, the Americans with Disabilities Act, and of special value to HR professionals and executives in other capacities, a checklist to help evaluate the fairness and validity of tests.

A Basic Guide to International Business Law is an introduction to those parts of European and international law that are relevant to business. Having read this book, students will come away with a broad understanding of the international rules of law within the EEC, institutional rules of the European Union, international contract law, rules of competition and the four freedoms within the EEC. The edition includes student friendly features, such as summaries of statements and references to relevant case law, making the book an ideal introduction for those on law and/or business programmes.

Accounts for Solicitors is a practical introduction to a subject that all practising solicitors need to understand. The text is divided into two parts: the first explains fundamental accounting concepts to allow students to read and interpret end of year accounts; the second deals with the accounts of solicitors and, in particular, the need to account for a clients money. Written in simple, non-technical language, Accounts for Solicitors provides a clear and comprehensive introduction to this complex subject with worked examples, self-test sections and key learning points at the end of each chapter to help illustrate and reinforce the unfamiliar, and often difficult, concepts involved. Part II of the book has been updated to take account of further guidance from the SRA on the SRA Accounts Rules 2019 and incorporates Law Society guidance on the VAT treatment of disbursements.

As information is both the source and the product of all legal work, legal practitioners are crucially dependent on good access to legal information. The legal databases that are currently available to store and retrieve statutes, judicial decisions, and legal literature, however, often pose problems to the users with the effect that they cannot find the information they need. To a large extent, these problems can be attributed to the limitations of the traditional Boolean query mechanism used in text databases which is difficult for users to operate. As a possible solution for these problems, in this book an architecture is proposed for an intelligent interface to legal databases. An intelligent interface uses knowledge of the task domain of legal practitioners to operate as an intelligent intermediary between the user and the database. This work addresses the most pressing issues that need to be resolved to allow for the development of advanced user-friendly legal databases. It involves a study into the nature of legal information-handling and the representation of legal knowledge. In addition to the theoretical study, it is demonstrated, with the development of a prototype, how the architecture can be used for the development of practical legal information retrieval systems. The results of these studies are interpreted to discuss a number of possible applications for the intelligent interface architecture, including the publication of government information and the organisation of legal information on the Internet.

Economic debates about markets and freedom from the late 1940s onwards focused increasingly on how laws and regulation affected economic behavior, and how economics influenced legal decision-making. By the late 1950s the term "law and economics" came into use to refer to the application of economic analysis to legal problems. The overlap between legal and political systems also led to issues in law and economics being raised in political economy, constitutional economics, and political science. Concepts in Law and Economics: A Guide for the Curious provides a comprehensive integration of the fields of law and economics. In clear prose, Jim Leitzel challenges traditional approaches to law and economics and uncovers common themes that cut across the two fields, providing readers with a means of integrating their knowledge to examine problems through both a legal and economic lens. This book covers the major methods of law and economics and applies those methods to various issues, including art vandalism, sales of human kidneys, and the ownership of meteorites. Compact yet comprehensive, this is an ideal introduction to a vast number of concepts and controversies in the fields of law and economics. Economics students, law students, and those with a general interest in the social sciences will find Concepts in Law and Economics an interesting and engaging read, and will emerge with the necessary skills for thinking like a law and economics practitioner.

Of the major industries formerly characterized by a high degree of state monopoly control, telecommunications is proving to be increasingly susceptible to market failure. The fundamental causes of this difficulty, according to the author of this far-reaching analysis, are two-fold: abusive behaviour of incumbents aimed at foreclosing competitors, and the regulatory challenges posed by the technological convergence of the telecommunications, media, and IT sectors. The answers, Dr. Nikolinakos shows with extraordinary rigour and detail, lie in the enforcement of specially-crafted competition rules and proportionate, targeted sectoral regulation. This book presents the most thorough going model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis, the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertaking s unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines. Numerous legislative and policy documents are presented in full detail, with analysis taking into account the comments delivered by all interested parties (e.g., the European Commission, national competent authorities, and market players such as fixed incumbent operators, alternative operators, internet service providers, mobile operators, cable operators, associations of undertakings, and associations of consumers). No other book will provide interested readers with such crucial insight into the reasons behind the Commission s strategy and the often contradictory interests of market players. Because the argument is scrupulously grounded in informed awareness of existing and emerging realities, this landmark volume will quickly establish itself as a resource to be consulted and followed for many years to come.

This book presents groundbreaking discussions on e-residency, cryptocurrencies, scams, smart contracts, 3D printing, software agents, digital evidence and e-governance at the intersection of law, legal policies and modern technologies. The reader benefits from cutting-edge analyses that offer ideas and solutions to some of the most pressing issues caused by e-technologies. This collection is a useful tool for law and IT practitioners and an inspiring source for interdisciplinary research. Besides serving as a practical guideline, this book also reflects theoretical dimensions of future perspectives, as new technologies are not meant to change common values but to accommodate them.

The term e-commerce - the use of computer networks to facilitate transactions involving the production, distribution, sale, and delivery of goods and services in the marketplace - has grown from merely streamlining relations between consumer and business to a much more robust phenomenon embracing efficient business processes within a firm and between firms. Inevitably, the related taxation issues have grown too. This latest edition of the preeminent text on the taxation of electronic transactions - formerly titled Electronic Commerce and International Taxation (1999) and Electronic Commerce and Multijurisdictional Taxation (2001) - revises, updates, and expands the book's coverage, reorganizes its presentation, and adds several new chapters. It includes a detailed and up-to-date analysis of VAT developments regarding e-commerce, and explores the implications of e-commerce for the US state and local sales and use tax regime. It discusses developments in Europe and the United States while enlarging its focus to include the tax treatment of e-commerce in China, India, Canada, Australia, and throughout the world. Analysing the practical tax consequences of e-commerce from a multijurisdictional and multitax perspective, the book offers in-depth treatment of such topics as the following:; how tax rules governing cross-border e-commerce are increasingly applied to all cross-border activities; how tax rules and processes developed to confront challenges posed by e-commerce provoke optimal tax policy; how technology enhances tax and cross-border information exchanges; how technology lowers both compliance and enforcement costs; consumption tax issues raised by cloud computing; and different approaches to the legal design of VAT place of taxation rules, with examples.

This comprehensive book offers a thorough exposition and analysis of all aspects of the dissolution and restoration of companies. Considering all relevant UK legislation and case law, it examines the ways in which companies are both dissolved and restored, the issues that may arise in these processes, and the effects this has on the company and third parties. Key Features: Explanation of the processes leading to dissolution and restoration of companies Examination of the general and particular effects of dissolution and restoration on a company and other related and non-related parties Identification and analysis of the most important issues related to dissolution and restoration, with reference to leading cases in the area Background information that provides an understanding of the role and effect of dissolution and subsequent restoration of some companies to the register of companies Dissolution and Restoration of Companies will be invaluable for solicitors advising clients and dealing with the processes involved in dissolution and restoration, as well as barristers interested in the issues raised and related case law. It will also be useful for insolvency practitioners, and for academics working in corporate and insolvency law.

The Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbook is divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include: E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll

NAFTA has initiated a procedure for addressing transborder economic problems in a more adequate and predictable fashion, potentially encouraging policy convergence between three disparate political cultures. Rather than addressing economic, social and environmental policy issues separately, trade policy now serves as a vehicle for negotiating policy convergence. Consequently trade officials are being forced to deal with an expanded array of domestic policy isues. This text presents a detailed examination of the initial NAFTA experience and evaluates its long-term implications beyond those of ending trade and tarriff barriers. In particular, it examines the cultural implications of this international arrangement. In addition, environmental protection and conservation issues are increasingly at the forefront of the international political agenda. NAFTA's environmental side agreement has created a way of addressing environmental concerns whilke protecting local standards, illustrating the attempt to achieve policy convergence by means of a trade apparatus. NAFTA now represents the continuing tension between integration and the maintenance of national autonomy.

Around the world, people are faced with crisis after crisis, from the COVID-19 pandemic and climate change-induced fires, floods, and storms to the ongoing horrors of mass incarceration, brutal immigration enforcement, endemic gender violence, and severe wealth inequality. As governments fail to respond to-or actively engineer-each crisis, ordinary people are finding bold and innovative ways to share resources and support vulnerable members of their communities. This survival work, when done alongside social movement demands for transformative change, is called mutual aid. This book is about mutual aid: why it is so important, what it looks like, and how to do it. It provides a grassroots theory of mutual aid, describes how mutual aid has been a part of all larger, powerful social movements, and offers concrete tools for organizing, such as how to work in groups, decision-making process, how to prevent and address conflict, and how to deal with burnout. Mutual aid isn't charity: it's a form of organizing where people get to create new systems of care and generosity so we can survive.

One of the major objectives of tax treaties has been the avoidance of international double taxation. This is generally accomplished through the agreement of each country to limit, in specified situations set out in double tax treaties, its right to tax income earned from its territory by residents of another country. The OECD Model Tax Treaty, other model conventions, and the bilateral treaties drafted in accordance with these models, allocate the taxing rights between the state of source and the state of residence. The source rules for income taxation are determined by Articles 6 through 21 of the OECD Model Convention. These rules are the product of a rather long history and it seems difficult to justify the scope of some in today's world. Courts, tax administrators, and practitioners are confronted with a growing number of interpretation and application problems. In a globalized world with ever-increasing cross-border streams of income such problems command more and more attention. This book is designed to analyze the allocation rules of the OECD Model Tax Convention and its equivalents in bilateral tax treaties. The distinguished contributors to the work examine the justification for these rules - as well as their scope - and highlight the most relevant interpretation and attendant application problems. In addition they'll suggest how such rules should be modified and examine possible alternatives.

Third countries are not bound by European law; however, saying that EU Member States are not bound by European law in their relations with third countries would be incorrect. The judicial developments of European tax law based on the application of fundamental freedoms by the European Court of Justice has turned relations with third countries into one of the most controversial areas of European tax law, giving rise to a significant degree of legal uncertainty. The first waves of direct tax cases decided by the ECJ on the relations with third countries have not entirely solved the main critical issues arising in such context, including the ones involving the external scope of fundamental freedoms. Consequently, the expert analysis contained in this book will be of significant interest to many international tax practitioners and academics throughout the world.
Among the vitally important areas this book addresses...
- The external scope of Article 56 EC Treaty and its impact on the relations with third countries
- The indirect impact of other fundamental freedoms on the relations with third countries
- The scope of fundamental freedoms in relations to EEA States under the EEA Agreement
- The relations with other third countries in the field of direct taxes (including, among other, EPAs countries)
- The impact of the EU agreements on the direct tax relations between Switzerland and the EU Member States
- The impact of secondary EC law on the relations with third countries in the field of direct taxes
- The scope of Article 307 EC Treaty and its application in the field of direct taxes
- The external treaty making powers of the European Union in the field ofdirect taxes.

On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.

The purpose of this book is to show that the access to plant genetic resources and the compliance to the objectives of the Convention on Biological Diversity can only be realised in this biotechnological era the world is facing, through the balance of rights and duties of States and stakeholders. Specifically, this book suggests that the global partnership as professed in the United Nations Conference on Environment and Development, in 1992, has so far not been reached. It examines the possibility of achieving the global partnership through clear, fair, ethical, and equitable biopartnerships in, between, and among States. For this purpose, the author analyses international instruments and national laws dealing with patents, plant breeders' rights, farmers' rights, and sui generis protection and shows how they affect developing countries rich in biodiversity and traditional knowledge, such as Brazil. She raises awareness to problems derived from the patenting of genetic resources, plants, and traditional knowledge and presents sui generis alternatives proposed by different sectors of society in several countries. The book critically examines five biopartnerships of countries in four different continents. The author proposes measures to protect traditional knowledge and innovations and suggests in which indigenous peoples, traditional farmers, and developing countries may achieve an equitable share of benefits for their contribution in the development of new medicines, foods, etc.

The case of the Bank of Credit and Commerce International (BCCI) illustrated the many existing gaps in the international rules and standards governing bank supervision. This book deals with these rules and advocates how they should develop. It is based on the thesis that the rules essentially "percolate" from the national, regional and international levels and that these areas have become integrally interconnected. The book concludes with proposals suggesting ways of better interconnecting the national, regional and international levels through more formal, legalistic and transparent structures. The work is aimed at the financial institutions community, legal practitioners and academics. This is the third volume of a series which has been designed to provide a broad foundation for comparative analysis of changes and reforms occurring worldwide in international banking regulation and practice. It should prove a valuable tool in the comprehension of both policies and practicalities reflected by these rapid changes and reforms.

This work presents a critical analysis and evaluation of the Korean banking regulatory and supervisory system. It identifies the continuing structural weaknesses of the system, which were thrown into sharp relief by the 1997 financial crisis, and focuses on the need for reform in order to achieve financial stability. The study centres around three central questions: who should be the regulator; what substantive standards of supervision should be applied; and administratively, in what manner should these standards be applied? The author argues that the Korean banking system, characterized as a "governmental control system" for credit allocation, should be released from undue governmental and political interference, thus allowing the involvement of banks in commercially oriented practices without exposure to the significant risks incurred by governmental policy directed lending. The author calls for a high degree of transparency and accountability, for a clear, realistic timetable for restructuring, and for an effective exit policy for troubled commercial banks. This text should be of value to practitioners, researchers and academics working in the field of banking law, particularly those with a special interest in the Asia-Pacific region.

This volume contains the national reports and the general report on the topic of corporate takeovers through the public markets, as presented at the XIVth Congress of the International Academy of Comparative Law held in Athens, Greece, between 31 July and 6 August 1994. The main aim of the report is to study public market transactions, with particular emphasis on policy. It presents a compilation and examination of the key issues relating to corporate takeovers worldwide and provides information and policy analysis for the scholar as well as for the legislator and the legal practitioner. The national reports cover the following countries: Argentina, Australia, Canada, Finland, France, Germany, Greece, Israel, Italy, Japan, Sweden, United Kingdom, United States of America, Venezuela and Yugoslavia.

This text evolved out of a series of fiscal studies prepared by a team from Harvard University of which the author was the director. It analyses the many constraints and economic characteristics found in low-income countries that affect the type of modern tax system that can work in these countries. It specifically looks at Nepal and reengineering the tax system there in terms of policy and administration.

The increasing internationalization of business leads to a cornucopia of differing cross-border exchanges in one's daily work. Participants and other beneficiaries of this internationalization include not only multi-national companies but also SMEs (small and mid-sized enterprises), for which the increased global market access offers substantial opportunities. With the growth of internationalization, too, comes an increase in employee assignments. In business practice, the number of questions from foreign companies, management, HR, tax and legal professionals, investors and non German employees etc., ist growing. In order to be certain that sending employees to or from Germany on work assignments can take place as smoothly and efficiently as possible, relevant questions asked by companies and workers need to be taken into consideration. This text does just that with a focus on answering common expat-relevant questions posed by professionals. It is a reference work for those foreigners subject to and applying German law.