Over the last twenty-five years, there has been an acceleration in the move from government regulation towards privatization. "Governance, Regulation, and Privatization in the Asia-Pacific Region" is the first thoroughgoing account of the relative success of the different approaches to privatization as undertaken in Korea, China, Australia, and Japan.
In most contexts, privatization is expected to yield greater efficiency and cost effectiveness while avoiding the corruption and bloated budgets of government regulation or monopoly control. But broad-scale privatization, if ill designed, has also yielded its share of difficulties in East Asia. Privatization sometimes has created a vacuum in corporate governance for some of the region's most important industries and in some cases merely reinstated the monopoly-like configurations. The papers presented in this book discuss the experiences of privatization in several industries, including railroad and telecom, corporate governance problems, accounting issues, and challenges for the future in East Asian countries.
The first section is theoretical in nature and proposes boundaries among government protection, market freedom, and shareholder expectations. The second part is constituted by country case studies, beginning with an analysis of both the Korean financial crisis that followed its 1997 law to privatize large, public sector corporations and the new ways Korean corporations finance themselves. Following is an evaluation of China's approach to privatization, with an in-depth look at the financial transitions of companies slated for initial public offering.
Providing provocative examples of the methods of privatization in theAsia-Pacific region specifically, these papers will be of huge import to any economist or policymaker interested in transposing those successes for their own region.

Among the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) is currently attracting renewed scholarly interest. Whilst the Commentaries no longer dominate legal education, they continue to be regularly cited in superior courts throughout the common law world, besides providing a remarkably comprehensive account of public and private law in England on the cusp of the Industrial Revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence and the impact of his great book are the main themes of the collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic bibliophilia; his views of the role of judges, interpretation of statutes, the law of marriage, natural law, property law and the legalities of colonisation. Together with the dissemination and the reception of the Commentaries, Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence.

This series provides an overview of current analyses and developments pertaining to the law and legal issues in the United States. Topics covered in this volume include an analysis of federal statutes and where to find them, both in print and on the Internet; statutes of limitations in federal criminal cases; international law and agreements and their effect upon U.S. law; the applicability of the copyright law's first sale doctrine to imported goods manufactured abroad (Costco Wholesale Corp. v. Omega S.A.); common-law climate change litigation after American Electric Power v. Connecticut; Supreme Court decisions and proposed constitutional amendments corresponding to flag protection; laws and constitutional issues concerning military funeral protests; the constitutional background of the Speech and Debate Clause and recent developments in jurisprudence; and the current statutory structure with respect to complaints against federal judges and judicial discipline.

Many observers trace the root cause of recent instability in financial markets to uncertainty surrounding the value of widely held securities that are based on mortgages and mortgage-related assets. Losses on these securities have led to the unexpected and relatively sudden failure of several large financial institutions. Credit markets have nearly frozen at times as financial institutions demanded very high interest rates on traditionally routine short-term lending. While there is limited evidence that financial turmoil has caused widespread damage in the broader economy, it is feared that significant real economic effects may be forthcoming, particularly if credit markets remain frozen. This book highlights The Emergency Economic Stabilization Act (EESA), established as law on October 3rd 2008, in response to these economic fears. The Act The Troubled Assets Relief Program (TARP), created by this Act, is also analysed. Furthermore, the insurance program contained in the enacted version of the EESA is briefly summarised and analysed. This is an edited, excerpted and augmented edition of various government publications.

First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.

Over the past thirteen years, New Labour has made us wade through a quagmire of petty rules, health and safety lunacies, madcap laws and nitpicking regulations. We have been snooped on, hectored and hounded by state nannies from cradle to grave, all because government and its agencies have nothing better to do than to interfere in our lives. It would not be so bad if the Government ran the country well, but we have to put up with high taxes, street crime, late and dirty trains, the unjustified and disproportionate use of fines and charges, bloody-minded parking restrictions, excessive public sector waste, preposterous European directives, useless and unaccountable council officials and multi-culturalist busybodies. In this explosive and groundbreaking new book, Philip Johnston makes a stand and exposes the 'Bad Laws', those irritating laws, regulations and Whitehall idiocies that make life in Britain the day-to-day nightmare that it is today. He covers the following laws amongst many others: The Regulation of Investigatory Powers Act (Ripa) or "snooper's charter", allows a wide range of government bodies and quangos to watch over people, check on what they are doing and monitor their communications. The Safeguarding Vulnerable People Act...which will require 11 million people working with children or the elderly to obtain a certificate allowing them to continue to do so yet will be easily evaded by those few individuals who are a danger to children. The Hunting Act. More foxes have died every year since the Act came into force. The Children Act. All 25,000 state and private nursery schools, child minders and playgroups are required to follow a new statutory framework dubbed the "nappy curriculum". Smoking Ban - It has interfered both with personal freedom and with commercial enterprise. Housing Act - which brought us Hips in the midst of a property price slump. European Arrest Warrant - which allows British citizens to be extradited to another jurisdiction to stand trial for an offence that is not a crime in the UK. Dangerous Dogs Act, which became synonymous with hasty and ill-thought-out legislation. Firearms Act which wiped out the sport and livelihoods of thousands of law abiding people. War Crimes Act, pushed through using the Parliament Act but which has resulted in not a single conviction. Religious Hatred Act which made a bad thought a crime. Numerous Health and safety laws of every description. The Licensing Act which made it an offence to play a piano in a pub without authorisation.

Sixteen obituaries of recently deceased Fellows of the British Academy: Peter Birks; Lord Dacre of Glanton; William Frend; John Gallagher; Philip Grierson; Stuart Hampsire; William McKane; Sir Malcolm Pasley; Ben Pimlott; Robert Pring-Mill; John Stevens, Peter Strawson; Sir William Wade; Alan Williams; Sir Bernard Williams and John Wymer.

The European Union is a distinctive creation. There have been several examples of countries that have forged links in ventures of mutual benefit, but in aim, method and achievement this union has gone much further than the others. From the beginning, the EU has always been more than just a customs union. It has aimed for an ever closer union of its peoples and has developed supranational institutions with powers binding upon its members. Since its creation in 1993 it has also grown in size and in the extent of its responsibilities. Integration and intergovernmentalism have been the two forces at work in the evolution of the Community into the Union of 27 members today. In this volume the author sets out to provide an authoritative study of the EU, which clearly explains how it functions and makes it intelligible to a wide readership. Key Features *Up-to-date and comprehensive coverage of key aspects, including history and developments, institutions, politics and policy processes *Includes an analysis of the role and attitudes of the member states *Information is clearly and accessibly presented *Will appeal to students and also to professionals working in European Union agencies and organisations *Contains maps, boxes, tables, glossaries of key terms and a guide to further reading

This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker

Toleration on Trial offers the only multidisciplinary study available on the issue of toleration, bringing together political psychologists, philosophers, sociologists, Islamic scholars, and political theorists to examine the most pressing debates in the field. The volume addresses the toleration question from a number of angles: toleration and its application to gay rights; Islam and toleration; institutional, ideological, and psychological preconditions for its practice; and philosophical and conceptual arguments for the principle of toleration. The common thread running throughout the volume is the core question: Is toleration primarily a product of institutional arrangements, or is it an attitude of individuals? To answer this adequately, the authors believe that a contemporary analysis of the possibility, significance and requirements of toleration must be fully cognizant of the democratic, or more accurately politically mobilized background in which toleration becomes a difficult issue. Conflicts between deeply divided groups within nations and between groups across political boundaries pose the issue of threat and risk to a practice or way of life that many peoples find difficult to accept. Can the idea and practice of toleration manage these in politically and ethically defensible ways? These essays address various aspects of the aim to establish or strengthen toleration among politically mobilized groups, in a context of contemporary democratic challenges.

In the archetypal confrontation between the Athenian lawmaker Solon and the Greek poet Thespis, Solon confronts Thespis after seeing him act in a tragedy. He asks Thespis if he is not ashamed to tell so many lies before so many people. In response to Thespis's reply--that it was no harm to say or do so in a play--Solon vehemently blames Thespis for a professional deceit that threatens to pervade society. Solon's criticism of Thespis points to a fundamental motivation for Solon and Thespis: an exploration of the long-standing antagonism between law and theater, between drama's inconsequential fiction and the real world's socially consequential fact, at a crucial moment--the sixteenth century--in England's cultural and legal formation. The literary critics and historians in this volume examine that antagonism and find it revelatory of English Renaissance law and Renaissance theater's institutional connections and interdependences at a time when both were emerging as powerful forces in English society. Renaissance legal processes were subject to dramatic and public representation, appropriation, and evaluation. Renaissance commercial theater, often populated by law students and practitioners, was both subject to the law and subversive of it. The contributors demonstrate that theater and law were not simply relevant to each other in the early modern period; they explore the physical spaces in which early modern law and drama were performed, the social and imaginative practices that energized such spaces, and the rhetorical patterns that make the two institutions far less discrete and far more collaborative than has previously been recognized.

The federal computer fraud and abuse statute, 18 U.S.C. 1030, protects federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills crack and gaps in the protection afforded by other federal criminal laws. This is a brief sketch of section 1030 and some of its federal statutory companions.

American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as "procedural liberalism." Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Young-tapping into the idea of "deep diversity" suggested by Taylor-through the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.

Compliance requirements are here to stay.

Prepare your company for the growing challenge.

A Wall Street Journal/Harris poll revealed that two thirds of investors express doubts in the ability of corporate boards of directors to provide effective oversight. In the shadow of recent global scandals involving businesses such as Parmalat and WorldCom, Manager's Guide to Compliance: Best Practices and Case Studies is essential reading for you, whether your organization is a major corporation or a small business.

This timely handbook places U.S. and global regulatory information, as well as critical compliance guidance, in an easy-to-access format and helps you make sense of all the complex issues connected with fraud and compliance.

"Wide perspectives and best practices combined deliver a punch that will knock your 'SOX' off! The author has blended together a critical mix necessary for effectively handling the requirements of SOX."
--Rob Nance, Publisher, AccountingWEB, Inc.

"Robust compliance and corporate governance is an absolute necessity in today's business environment. This new book by Anthony Tarantino is an authoritative guide to understanding and implementing compliance and regulatory requirements in the United States and around the world. From SOX to COSO to ERM, this book covers them all."
--Martin T. Biegelman, Certified Fraud Examiner, Fellow and Regent Emeritus of the Association of Certified Fraud Examiners, and coauthor of "Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance"

"If compliance wasn't difficult enough, now companies are faced with a barrage of technology vendors claiming to automatecompliance as if it were a project. In his new book, Dr. Tarantino paints the reality of the situation: companies need to embrace the broader tenets of governance and use technology to embed governance policies and controls into their daily business processes. Only then can they gain business value from their compliance investments."
--Chris Capdevila, CEO and cofounder, LogicalApps

American trade policy is a crucial subject to not only the United States but also foreign countries. Free trade has been a long-standing U.S. policy position, playing the lead role in the international free trade framework and contributing to this framework through multilateral trade negotiations. As both trade deficits and fiscal deficits steadily increased during the 1980s in the U.S., free trade has not stood without its share of suffering. Chung investigates American trade policy from the perspectives of U.S. trade laws and international trade agreements by outlining the primary trade laws of the past; considering the trade laws of the present; and delving into various trade agreements, disputes, and reforms. Looking to the future, Chung offers a unique argument for the enforcement of trade remedy laws and the reform of the international trade framework. The Political Economy of International Trade is certain to be of interest to academics, policymakers, trade industry practitioners, and politicians in the United States as well as around the world.

This unique work examines themes of human rights, constitutionalism and the role of the judiciary from an Irish and Tanzanian perspective. Several of Ireland's greatest legal minds have come together with their colleagues in Tanzania to produce this work, which examines a range of issues including constitutional rights, women and the law, gender and the law, minority rights, property rights, judicial review, procedure, electoral law, Tribunals of inquiry, environmental protection, media freedom, freedom of expression, judicial independence, judicial activism and the right to a fair trial.

Praise for the first edition: 'A clear and compact overview of the different policy areas of the European Union.' Dusnieuws'McGiffen writes with great clarity and an accessible prose style. He includes the key facts, but is concise enough to ensure that he is never boring. ... This is an invaluable book.'These Tides'For those that want a concise guide to the Brussels maze, written as though people matter, McGiffen's book is a unique starting point and a key read.'Red PepperThe political dynamics of the European Union can often appear confusing, shrouded as they are in complex legislative processes. This book offers a clear and thorough critical introduction to the origins, development and current direction of the EU, and pinpoints the major policy debates animating decision-makers.This revised and updated edition offers a well-illustrated analysis of each of the EU's major policy areas, and covers arguments both for and against the EU. McGiffen explores subjects including enlargement, internal and external security, the Euro, trade, the environment, employment, transport and regional policy. He explains how and why the debate about membership is frequently and falsely presented as if it were a conflict between 'nationalism' and 'internationalism', and argues instead that the EU is merely one of a number of possible solutions to the the economic and political problems facing Europe.Published in association with Spectre.

In the midst of a long and distinguished academic career, Alfredo Mirande left his position as professor of sociology and chair of ethnic studies at the University of California, Riverside, to attend law school at Stanford University. This book is an extraordinary chronicle of the events in his life that led him to make this dramatic change and of the many obstacles he encountered at law school. The Stanford Law Chronicles is a comprehensive, first-person account of the law school experience, written by a person of color. Mirande delivers a powerful and moving critique of the rigid hierarchies he encountered and of systematic attempts to strip him of his identity and culture. He also reflects on the implications of an increasing number of women and minority law school students for law and legal education. Although Stanford is considered to be one of the most progressive law schools in the country, Mirande's experience there was one of alienation and frustration, as he encountered elitism and rigid hierarchies. Covering all three years at Stanford, he describes his experiences and the problems he encountered in the classroom. He also discusses Law Review, which he found to be pretentious, the Immigration Clinic where he successfully represented his first client, and the alternative Lawyering for Social Change curriculum that became a haven in an otherwise hostile environment. Interspersed with his account of law school are autobiographical snapshots and experiences, including that of the death of his brother, Hector, which was the catalyst for his decision to pursue his childhood dream of attending law school and becoming a lawyer. This controversial book is certain to spark lively debate.

1001 Legal Words You Need to Know explains and illuminates the most difficult and arcane vocabulary any American has to deal with--that of the law. This comprehensive--but never condescending--guide to the language of the American legal system carefully defines and explains every term, and many entries have supplementary notes and a sample sentence. These notes include information about grammar associated with certain terms, as well as an etymology section useful in finding the linguistic origins of each term. American and British spellings are differentiated (license vs. licence), as are singular and plural forms (dictum vs. dicta).
In addition, the book includes a number of quick mini-guides to legal troubleshooting that include information on understanding wills, trusts, and inheritance, granting someone a power of attorney, understanding contracts, what to do if you're sued, how to choose a lawyer, exploring law school, and enjoying cop and lawyer dramas. The backmatter contains an extensive list of legal aid organizations and a helpful bibliography of books about the law and lawyers for further reading.
Written for everyday people who only want to know "the basics," 1001 Legal Words You Need To Know is the perfect size and scope for anyone trying to see through the jargon of the American legal system.

"Female Citizens, Patriarchs, and the Law in Venezuela" examines the effects that liberalism had on gender relations in the process of state formation in Caracas from the late eighteenth to the nineteenth century.

The 1811 Venezuelan constitution granted everyone in the abstract, including women, the right to be citizens and equals, but at the same time permitted the continued use of older Spanish civil laws that accorded women inferior status and granted greater authority to male heads of households. Invoking citizenship for their own protection and that of their loved ones, some women went to court to claim the same civil liberties and protections granted to male citizens. In the late eighteenth century, colonial courts dispensed some protection to women in their conflicts with men; a century later, however, patriarchal prerogatives were reaffirmed in court sentences. Discouraging as this setback was, the actions of the women who had fought these legal battles raised an awareness of the discrepancies between the law and women's daily lives, laying the groundwork for Venezuelan women's organizations in the twentieth century.

Drawing on a wealth of primary sources, historian Arlene Diaz shows how the struggle for political power in the modern state reinforced and reproduced patriarchal authority. She also reveals how Venezuelan women from different classes, in public and private, coped strategically with their paradoxical status as equal citizens who nonetheless lacked power because of their gender. Shedding light on a fundamental but little examined dimension of modern nation building, "Female Citizens, Patriarchs, and the Law in Venezuela" gives voice to historic Venezuelan womenwhile offering a detailed look at a society making the awkward transition from the colonial world to a modern one.

The contention that the provision of European Directives on functional legal requirements for digital signature validity solves a core problem of electronic commerce can at best be called naive. The catch-phrase 'what holds off line, holds online' may be in tune with a general emotion towards the invasion of information technology into business; in this book it is made clear that there are no simple shortcuts for the lawyer who is concerned with authenticated digital transactions. The author first sets out to describe the main aspects of authentication technologies, presenting the technical insights needed to get to the legal semantics of functional equivalence between traditional and digital signatures. The second part of his research focuses on the usability of authentication technology and what it entails for its users. Aspects considered are: qualification as electronic signature; limitations of electronic signatures; the electronic signature as evidence; alternatives to electronic signatures; liability and the burden of proof; and, last but not least, privacy concerns. The research for this book is based on an in-depth literature study and interviews with highly qualified experts in the field. It provides valuable tools and background information not only for everyone active in or setting out on e-business in its widest concept, but also for practising lawyers and students of information technology. Dr. Maurice Schellekens is a senior researcher at the Center for Law, Public Administration and Informatization of Tilburg University. He specializes in technology law, with a special emphasis on ICT and law. This is Volume 5 in the Information Technology and Law (IT&Law) Series

Recruiting and career retention remain valid and important concerns of the US Congress and the Executive Branch in a world where the US has become involved in many military engagements in recent years with more apparently on the horizon. This book deals with the questions of pay levels, health care, retirement benefits and other aspects of the military experience. These issues take on even more significance with a military which has been downsized in numbers and upsized in electronic technology. Contents: Preface, Military Pay and Benefits; Military Health Care; Military Medical Care Services; Veterans' Pensions: Fact Sheet; Military Retirement: Major Legislative Issues; Military Technicians: The Issue of Mandatory Retirement for Non-Dual-Status Technicians. Subject Index.