... provides lucid and remarkably concise explanations of the main laws and principles that every business manager or entrepreneur should know. It is, to a large extent, preventive laW' for avoiding trouble, as well as for dealing with it when it does occur. There is complete, though brief, coverage of all the important aspects of business law, a good index, and such fine choice of language that it is easy to read. And that last feature is worth the price of the book. "Association of Florida Trial Lawyers Journal"

This invaluable reference tool covers the potential legal liability of businesses, the costs of failing to comply with legal obligations, and the legal rights afforded businesses under the law. The authors combine a theoretical focus with an applied, practical approach to minimizing legal costs. The guide addresses such topics as raising capital, buying real estate, extending credit, collecting accounts, borrowing money, advertising, selling goods, negotiating contracts, maintaining a safe work place, managing employees, keeping business records, contracting with the federal government, the impact of the new federal tax law, and more. Throughout the volume, the reader is alerted to those highly technical and complex regulatory areas where legal counsel is clearly advisable. Consideration is also given to selecting and working effectively with a lawyer in such circumstances.

This is a new and substantially expanded edition of the author's 'Russian Commercial Law' (2001) which has become the standard resource in this area. Compared to the rather chaotic situation in the 1990s, the system of commercial law in Russia has stabilised in the 2000s. Blatant abuses have become less common with the Joint Stock Company Law amendments taking effect and the new Insolvency Law being enacted. The book represents a comprehensive and in-depth study of current Russian commercial law encompassing various areas, from Company law, Banking Law, Natural Resources Law to International Commercial Arbitration. A new chapter on Environmental Law was added in the light of its significance for major natural resources and infrastructure projects. With the expertise of the author who has been involved in Russian Law studies and practice for some decades, the book is intended both for practitioners who have dealings with Russia and for academics and students.

As a result of globalization, the barriers between countries are coming down. There is more interaction between countries than ever and mutual understanding and communication have become essential considerations. In such an atmosphere, the Korea Legislation Research Institute has published this book to spread awareness of outstanding Korean law and of its legal system throughout the globe, as the authoritative sources of legal information for other countries. This book explains Korean law in nine chapters that focus on its distinguishing aspects. The nine authors who have participated are all prominent scholars who have contributed their expertise to the project.

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann

England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

Revolutionary change in Eastern Europe and the Soviet Union; civil strife in the Balkans; the heavy burden of German reunification; war in the Gulf and its dramatic aftermath; the completion of the internal market in 1992 and the management of two highly complicated Intergovernmental Conferences -- more than ever before its history, the European Community has to operate strong pressure. This volume captures these problems in a systematic way and presents suggestions as to how the Twelve could cope with them, using the Dutch EC-Presidency as a reference point. The subjects dealt with include: the EC Presidentcy in a new European settingthe European Community and the wider EuropeEuropean foreign policy and security cooperation; 1992' and the Common Transport Policy Economic and social cohension in a Community of regionsthe politics of Economic and Monetary Union. The chapters are written by experienced specialists from both the international academic world (economics, international relations, European law), as well as from the European institutions. Together they provide a comprehensive and unique survey of the profound challenges confronting the European Community in the early 1990s.

Proportionality embodies a basic concept of fairness to strengthen the protection of individual rights at both the national and supranational level. The purpose of this book is to examine the impact of the principle of proportionality in the legal systems of Germany, France and the European Community, where the principle of proportionality plays a pivotal role in balancing the rights and obligations of the individual. The definition of proportionality as used in this work is quite broad: measures adopted by public authorities should not exceed the limits of what is appropriate and necessary in order to attain legitimate objectives in the public interest. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, and a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The areas of substantive law examined are the law of the common agricultural policy and the free movement of goods. The fundamental question is also raised as to whether proportionality allows judges to interfere with official decisions, thus breaching the principle of the separation of powers. This work argues that proportionality involves the state-citizen relationship and could be considered as a response to the historical experience that public authorities, national and supranational, function with the tendency to impair freedom of the individual.

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

In recent years the People's Republic of China has experienced rapid economic growth, brought about in large measure by dramatic increases in foreign trade and investment. China's adoption of an "open door" policy in the late 1970s also opened up its banking market to foreigners. As a result, there has been a sharp rise in the number of disputes between Chinese sovereign borrowers and foreign banks, making the availability of appropriate dispute resolution mechanisms for foreign banks a critical factor in the expansion of international finance in China. This text recognizes the need for a unique international dispute forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties. The work addresses several problematic private and public international law issues in sovereign debt litigation, including the state immunity theory, the act of state doctrine, forum non conveniens, and the difficulty in enforcing foreign judgments. It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration. The author argues that the autonomy of each party in international arbitration circumvents potential cultural and conceptual difficulties and offers a flexible, mutually acceptable means of conflict resolution which in some circumstances can prove more effective than litigation. Arbitration and the recognition and enforcement of an arbitral award may be recognized as providing a level playing field for international financial transactions between states and foreign private parties, and the non-adversarial nature of the arbitration process makes it particularly appropriate in the Chinese context.

This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).

This is the third volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, a national network comprised of Swedish universities focusing on recent legal developments within European Union law. In this volume, Swedish researchers with specific interests in European Market law - intellectual property rights, competition, and marketing law - have joined forces to review recent Swedish legislation and case-law of particular European interest in national Swedish Courts or the Court of Justice of the European Union. The volume also includes comments on general EU developments from a Swedish perspective. The articles focus upon a number of significant recent developments, including an essay on a proposed reform to the Swedish Copyright Act, a report of the recent Swedish decision concerning the Mini-Mag, two different analyses of the future for illicit file sharing following the recent Pirate Bay litigation, and essays on refusal to supply and the new Unfair Commercial Practices Directive and its implementation in Sweden. The articles are original analytical contributions to doctrinal debates and questions.

The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith.

Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners.

In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.

Who are the top ten greatest Supreme Court Justices of all time? Who are the worst ten? Which Supreme Court decision helped lead to the Civil War? What are the ten greatest and worst Supreme Court decisions? What are the ten best courtroom movies? Who was the last to use the Supreme Court spittoon? Who was the first Justice to wear trousers beneath his Supreme Court robes?
From John Marshall, the greatest Supreme Court Justice, to Alfred Moore, one of the worst, Bernard Schwartz's A Book of Legal Lists--the first ever compiled--provides the Ten Bests and Worsts in American law (and also includes answers to 150 trivia questions about the legal world). The lists include the greatest dissents and Supreme Court "might have beens;" greatest non-Supreme Court judges (Lemuel Shaw, number one on the Greatest list, played a prominent role in recasting common law into an American mold); greatest and worst non-Supreme Court decisions; greatest law books; lawyers (including Alexander Hamilton, Clarence Darrow "Attorney for the Damned," and Abraham Lincoln); trials; and greatest legal motion pictures. Each list entry has a short essay by Schwartz explaining why it is a best or a worst, and it is in these essays that we gain a wealth of information about the legal world. We learn, for instance, that Sherman Minton, number ten on the Worst Supreme Court Justices list, was such a nonentity that he may be best remembered as the last to use the spittoon provided for each Justice behind the bench. Before he became Chief Justice, William H. Rehnquist was known for playing Trivial Pursuit on the bench, Oliver Wendell Holmes wrote 873 opinions for the Court (the most in its history), and Roger Brooke Taney, number ten on the Greatest Supreme Court Justices list, was the first Chief Justice to wear trousers beneath his robes (his predecessors had always given judgment in knee breeches).
Stretching back to the early 1700s, the law and the judges who interpret it have maintained a steady presence in our lives--sometimes for better, sometimes for worse. From disappointments like Plessy v. Ferguson (number two on the Ten Worst Supreme Court Decisions list), which gave the lie to the American ideal "that all men are created equal," to lesser known but no less important decisions such as the 1933 United States v. One Book Called "Ulysses," (number nine on the Ten Greatest Non-Supreme Court Decisions) the landmark First Amendment case that eased the law governing censorship, Bernard Schwartz provides legal experts and non-experts alike with entertaining information in a format that can be found nowhere else.

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.

In this work, the lawyer and economist Klaus Mathis critically appraises Posner s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith s faith in the market as an ideal allocation model, and to Bentham s ethical consequentialism. Finally, aligning himself with John Rawls s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.

In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law."

Challenges to domestic legislation before international tribunals are a growing phenomenon in public international law. Consequently, in the field of global trade, the degree of deference given by WTO tribunals to domestic legislatures in challenges to their legislation is an area of increasing importance to practitioners, government officials and academics. This timely work takes a new perspective on the way domestic law is treated at the international level. Using techniques of domestic constitutional law, it examines how international tribunals have treated challenges to legislation. The particular focus is WTO tribunals, but the book also draws on experiences from other international adjudicators, such as the European Court of Human Rights. Drawing from these examples, the author examines how international tribunals have (or have not) deferred to the opinions of the domestic legislature, and the legal techniques they've used in doing so. The treatment is detailed and comprehensive, contrasting and summarizing the relevant WTO case law.

In The New European Private Law Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In his book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

This reference guide to the laws and legal literature of Mexico has been designed carefully by a reference librarian for researchers who do not read or speak Spanish. This basic sourcebook provides answers to the questions that are asked most frequently: "Which is the relevant code?" "Where can the text of the code be found?" "What secondary material is available?" "Which material is available in English?" This up-to-date guide should be useful as a reference in college, university, law, government, and public libraries and in companies that do business with Mexico. It could also be used in courses dealing with Mexican law and business. An introduction briefly describes Mexico's legal system and provides some historical background. Then the bibliography points to primary and secondary material of importance and is annotated partially. Entries are organized under forty-one subject categories with subdivisions pointing to the laws, the sources for the text of the laws, secondary materials from periodicals, and books and monographs. All Spanish titles are given first in Spanish and then in English. An appendix gives a directory of publishers. Author and subject indexes are included.

This practical handbook details the new regulatory framework which applies to the publication and approval of a prospectus when securities are offered to the public or admitted to trading in EU markets. A panel of securities and capital markets law experts considers the features of the Prospectus Directive and its future implementation in EU member states. The first part of the book analyses the scope of the Directive, the key procedural stages in the publication and approval of a prospectus, and the regulatory activities of the Committee of European Securities Regulators and other competent authorities. The second part outlines the current prospectus regime in 15 EU member states with reference to the applicable legislation and the nature and schedule of expected amendments following implementation of the Directive.

A comprehensive survey of civil law and practice in colonial New York.