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Books > Law > Laws of other jurisdictions & general law > General
Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world?
The new reference series, Landmark Events in U.S. History, uses both contributed essays from eminent scholars and excerpts of primary source documents with explanatory headnotes to focus on critical events in American political history and explain how it came about and why it continues to play such a vital role in the history and political evolution of the United States. The first three books in the series are Marbury versus Madison, The Louisiana Purchase, and The Declaration of Independence. Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the constitutional, political, philosophical background to judicial review the historical record leading to this landmark case the impact of the decision since 1803 its impact on the world stage, especially for new and emerging democratic nations. Also includes a listing of all the Supreme Court cases citing Marbury an annotated Marbury v. Madison.
Anna Hazare's movement in India during 2010-11 has brought out an awakening among the people, thus creating ripples in Indian politics. Therefore, there is a need for the intelligentsia to know the performance of political parties, the electoral system, the working of political alliances, governance through coalition and the impact of Anna Hazare's movement on Indian politics. This book, "Political Parties in India: Formation, Superintendence, Alliances and Coalition", studies the formation, their superintendence, surveys the historical background, ideologies, the process of elections, and development of political parties who have braved through successive general and state elections in independent India. They are classified into National Parties, State Parties, and Unrecognized Parties. The book covers all those parties which have presence in Parliament. A chapter on Emergence and Pangs of Coalitions traces the reasons that led to the growth of coalitions at the Central and State levels and studies their parameters. A separate chapter on the "Triumph of Indian Democracy" studies the new scenario which has emerged due to the historic movement. The book should be of interest to the students and teachers of political science, political scientists, political parties and general readers who wish to know about the current political scenario in India.
This book offers a unique insight into the inner workings of international courts and tribunals. Combining the rigour of the essay and the creativity of the novel, Tommaso Soave narrates the invisible practices and interactions that make up the dispute settlement process, from the filing of the initial complaint to the issuance of the final decision. At each step, the book unravels the myriad activities of the legal experts running the international judiciary - judges, arbitrators, agents, counsel, advisors, bureaucrats, and specialized academics - and reveals their pervasive power in the process. The cooperation and competition among these inner circles of professionals lie at the heart of international judicial decisions. By shedding light on these social dynamics, Soave takes the reader on a journey through the lives, ambitions, and preoccupations of the everyday makers of international law.
Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little distinctive effect on legislative productivity. Raw political conflict is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored in real politics, Krehbiel's study shows that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the one that allows its supporters to override a possible presidential veto or to halt a filibuster. Krehbiel's tractable yet comprehensive theory demonstrates how a specific and identifiable decision maker determines final policy choices and how politicians who are trying to enact new policies focus their legislative efforts on these pivotal lawmakers. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of how gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of the American legislative process.
This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.
The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.
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.
The European Union is in crisis. Public unease with the project, Euro problems and dysfunctional institutions give rise to the real danger that the European Union will become increasing irrelevant just as its member states face more and more challenges of a globalised world. Jean-Claude Piris, a leading figure in the conception and drafting of the EU's legal structures, tackles the issues head on with a sense of urgency and with candour. The book works through the options available in light of the economic and political climate, assessing their effectiveness. By so doing, the author reaches the (for some) radical conclusion that the solution is to permit 'two-speed' development: allowing an inner core to move towards closer economic and political union, which will protect the Union as a whole. Compelling, critical and current, this book is essential reading for all those interested in the future of Europe.
Although there have been several books written on the subject of "Body" and weapon/evidence "Recovery," none have focused on diver safety and human anatomy to the degree that this book has. The author has focused on diver safety issues that include safety practices found in the commercial diving industry as well as OSHA and the United States Coast Guard. The information base is not only diverse but very informative to the reader/student. This book covers issues regarding the Health Insurance Portability and Privacy Act (HIPPA) that has yet to be considered in any other diving related text. The importance of victim confidentiality is extended in the area of Underwater Forensics Research due to the fact that this level of diver training includes both medical and legal guidelines. The information provided in this section is informative and easily understood by the reader. Underwater Forensics Research provides the reader with an informative section in forensics which includes but is not limited to post mortem physiology. The author explains each stage of post mortem changes as well as important procedural considerations for documentation with regard to "authorized" chain of custody and related issues. The glossary of terms covers every detail of the book while providing the reader with an easy to understand explanation of each term used. The reader will be surprised with how easy this book is to understand. Although the book is extensive in information, you will find that it is rather uncomplicated in reading. This book is just as informative for a judge as it is for the physician and professional diver/student. This book would be an invaluable asset for any law enforcement agency, medical examiners office, emergency department, first responder/Medic, professional diver/s, RN, LPN, teacher and those interested in hyperbaric exposure.
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.
Topics in this handbook include setting up a home-based business, writing a grant proposal, writing a loan proposal, keeping business records, business investments, and writing legal documents. (Legal Reference/Law Profession)
It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.
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.
EC Law in the UK reviews the possibilities for legal redress in the UK courts when rules of Community law are violated. The analysis focuses as far as possible on case law decided by the UK courts and adopts the perspective of the individual litigant. The book aims to familiarise the reader with the Community legal system and to illustrate its all-pervasive influence on UK national law and aims to change the common perception that EC law is `foreign law' or an optional subject. The author shows that Community law is an integral part of UK law that can be applied in virtually any area of legal practice. This book will be essential reading on LLB, CPE and postgraduate courses in EC law, and a useful adjunct to constitutional and English legal system courses where the EC dimension is becoming increasingly important. Practitioners will also find the coverage of the book relevant to their needs.
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." "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." "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."
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.
"Rights of Inclusion" provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights - one that focuses on their role in everyday lives rather than in formal legal claims. Although all 60 interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations and altered the perceptions and assumptions of their employees and coworkers - in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA. For anyone concerned with rights, disability and the law, "Rights of Inclusion" should be a landmark work.
As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time.We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the "tricks of the trade" that have helped him win cases and become successful at the art and practice of "lawyering."
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years. |
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