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 Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of "Paradise Lost." The book includes a foreword by Prof. Jurgen Schwarze, one of the founding fathers of European Administrative Law.

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.

Critical legal information for enhancing and expanding the activities of charitable fund-raisers

As the competition for gifts grows increasingly intense, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return. Written by the leading legal authority on tax-exempt organizations, this book provides an accessible approach to understanding the various laws and offers solutions to enhance an organization’s wealth and effectiveness. Bruce Hopkins clearly explains to fund-raisers the pertinent aspects of the law, enabling them to dramatically increase funding without legal missteps. He also thoroughly details the steps needed to solve the fund-raiser’s most pressing legal headaches, including maintenance of tax exemption and public charity status, planned giving, charitable giving rules, unrelated business activities, fund-raiser’s compensation, state regulations, and much more.

This book provides critical answers to fund-raisers’ questions such as:

• What law basics should every fund-raiser know?
• Is a charitable organization required to apply to the IRS for tax-exempt status?
• What are the charitable contribution deduction rules?
• How do the unrelated business income rules apply to fund-raisers?
• How does a charitable organization start a planned giving program?
• What are the important elements of the fund-raiser’s contract?
• What are the contents of a typical charitable solicitation act?
• Can a charitable organization have a taxable subsidiary?
• When does a fund-raiser need a lawyer?

With its comprehensive coverage of the legal issues that nonprofit organizations face,

The First Legal Answer Book for Fund-Raisers is a powerful resource that every fund-raiser must have!

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.

Justice Iyer is one of the versatile authors who has written on each and every aspect of law and beyond, maintaining lucidity and depicting ocean deep knowledge of the subject. His dynamic and enlightened idea on law and contemporary jurisprudence is a path-making source for the present and future judicial system. Out of multifarious activities of his life he always works out the time in writing for law and techno-socio matters, that becomes the flow of inspiration for the lawyers, judges and the common people, not only in our own land but also in other parts of the world. This bouquet of articles was specially handpicked by the author himself to cater to different flavours of lawyers, laymen and judges in India and abroad. This present collection contains articles on Judges, Judicial System, Constitutional Law, Democracy, Arbitration, Jurisprudence, Indian and International Socio-Political topics and much more.

Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

On the occasion of the 50th anniversary of the European Economic Community and the 15th anniversary of the European Union, this book brings to the fore 50 years of European integration. It reflects on the foundations of these entities, their present state and their future. It focuses on three important themes that have gained particular importance throughout the years: (1) the constitutional architecture of the Treaties and the role of the institutions and other bodies within the institutional setting; (2) the need for further integration and the possible limits or needs for a more differentiated approach to integration, and (3) the EU's borders and identity, including the issues of enlargement, European neighbourhood policy and EU citizenship. In conclusion, the book raises the question whether the European integration process can serve as a model for other regional integration processes. Hence, it compares the South American, African and Asian integration processes and tries to detect commonalities and differences in relation to the European Union integration process. The unique character of this book will be particularly appealing to practitioners working in or with the EU institutions and law, both inside the EU as outside, in America, Africa and Asia. It is a valuable source of information for master and graduate students in European law and European studies, and those interested in other regional integration processes. The Editors of the book are both affiliated to Maastricht University, Maastricht, The Netherlands, and working in the department of European and International Law. Andrea Ott as a Senior Lecturer in European Union Law and Ellen Vos as a Professor of European Union Law.

The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.>

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.

This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalization process: comitology, (regulatory) agencies, and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalization rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background, it is suggested that the distinction between governing and governance provides a more appropriate basis for analyzing the phenomenon of integration and constitutionalization in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterized by legal and organizational hierarchy, and a governance dimension which operates within a network form characterized by legal and organizational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science, and sociology.

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."

Exploring the development of the European Union, this book examines the ways in which it has been studied over fifty years from the vantage point of four disciplines, each side of the Atlantic, and both academic and practitioner perspectives. Drawing on contributions by some of the world's leading scholars in the field, it maps the past and present of both the EU and EU studies before setting out a provocative agenda for future work in the area.

For fifty years European integration has been pursued according to an operational code based on rules which have never been publicly discussed. This book demonstrates the far-reaching consequences of the prioritisation of integration over competing values, fait accompli and other implicit rules of action. The willingness to sacrifice democracy on the altar of integration is demonstrated by the monopoly of legislative initiative granted to the non-elected Commission. Monetary union preceding, rather than following, political integration is a striking example of fait accompli, and the reason behind many holes in the EU system of economic governance. Until now, academics have avoided radical criticism; Giandomenico Majone argues that only an open acknowledgement of the obsolescence of the traditional methods can stem the rising tide of Euro-scepticism.

This book explains the differences between European countries in the supply and forms of public child care and preschool provisions by reference to the historical context in which these forms originated and to the institutional constraints underlying their development.

As the various types of global e-business grow rapidly, the need to establish adequate cyberlaws is increased. Reformation of domestic and global laws has been underway; however, the nature of e-business is one of constant technological developments, consistently outdating existing laws. Cyberlaw for Global E-Business: Finance, Payment & Dispute Resolution examines cyberlaw discussions worldwide on topics such as cybercrime and risk management, comparative electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and case law on international bank transfers. An invaluable resource for policy-makers, business experts, lawyers, scholars, and researchers, this book provides comprehensive research from a global perspective on the legal, technical, and financial implications of e-business.

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.

This volume explores the breadth and depth of provision on minority issues within the European Union. The reluctance of the European Union, and separately some of its member states, to address new and existing dynamics of minority issues and the relative inattention to these matters raises new questions for both the EU and other actors in the field of minority rights. Specifically, the evolution of minority rights policies and institutions within the EU and the broader European context, models of governance pertaining to minorities, and the potential for conflict between governing authorities of member states and groups with whom they interact form the core of the debates presented.

The principal aim of this book is to provide guidance and encouragement for the expert who is a newcomer to personal participation in legal proceedings in his or her professional role. "book is intended to fulfil: not to furnish grist for the intense analysis of recondite issues, but to give professionals without extensive experience of the adversarial way of resolving disputes a practical introduction to the problems which they are likely to face, and to the ways in which they should prepare for and perform their various functions. As such it fills a real need." Lord Mustill, Foreword Contents .Emergence of the Expert Witness .Access to Justice Report .Appointment of Experts .The Written Report of the Expert Witness .Outline of Civil Proceedings .Outlines of Civil and Criminal Court Hearings .Rules of Evidence .Hearsay Evidence .The Expert in the Witness Box .The Expert Witness as Advocate .Expert Witnesses in Arbitration Cases .Liability of the Expert Witness .Terms of Appointment .The Psychiatrist and the Mental Health Review Tribunal .The Integrity of the Expert Witness A judge and a surveyor have collaborated to produce a book of real practical use: invaluable for any expert.

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of those that outlaw interference with Congressional activities.

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, particularly those issues which have come to the fore during the year preceding publication. The chapters presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 10 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, Catherine Barnard, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, Claire Kilpatrick, Okeoghene Odudu, John Spencer Founding Editors: Alan Dashwood and Angela Ward

This book discusses a variety of topics such as cell phone seizure and examination, electrical fire investigation, potential vulnerabilities when using historic electrical devices, interpersonal conduct in the Middle East, Russia, and the USA, intellectual property theft, spy cases, and various motivations for crime in a manner that everyone can understand. We also discuss various test equipment and software used for collecting evidence from both physical evidence and invisible radio frequency artifacts. We also discuss electronic equipment that is used to destroy various documents as well as both human and automated processes used to reconstruct small shreds of paper. We discuss real cases regarding document reconstruction such as the American Embassy in Iran and the recently discovered East German (secret police) Stasi shredded records. We also discuss the Hanssen spying case using a PDA and low tech techniques such as the dead drop. Lastly, Jeff Marsh, a brilliant man who became disabled due to an unfortunate accident, demonstrates with the help of Dr. Doherty, various devices such as clocks and mustard jars with concealed purposes that may be used by undercover surveillance professionals or private investigators in a variety of settings, once proper approval is given. Jeff also discusses recreation and conversation as a means of exercising our intellect and informally learning from other people.

Since the first shots rang out at Lexington and Concord, signaling the beginning of open war between the colonies and England, America has been credited with a singular conviction, a concern for military veterans' and others' economic and political rights. The idea of America as a promised land of economic opportunity, social mobility, and political freedom has not always flourished. Historians have both given it reality and shaken its substance as they exposed an undercurrent of greed, class conflict, and corruption.

In this book Harold Hyman explores the question of American singularity, using the Northwest Ordinance, the Homestead and Morrill acts, and the G.I Bill to measure individual access to land, education, and law.

The Northwest Ordinance, enacted in 1787 to encourage settlement of the nation's untamed territories, mandated the establishment of public schools and stable property rights in newly settled lands--specific terms which enshrined the basic liberties secured by the Revolutionary War. Hyman shows that through the Homestead and Morrill acts of 1862, legislators sought to preserve the values of the Union and to prepare for the entrance of the black man into citizenship. Equal access to public lands in the West and to state land-grant universities, countered the economic and social injustices blacks and poor whites would face after the Civil War. Finally, Hyman asserts that the G.I. Bill preserved beneficial social programs forged during the depression, carrying into post-World War II America a widespread concern for education and housing opportunities.

Examining the legislation that emerged from three periods of conflict in American history, Hyman reveals a consistent pattern favoring equal access to land, education, and law--a progression of singular, if sometimes flawed, attempts to embody in our statutes the values and aspirations that sparked our major wars.