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Books > Law > Laws of other jurisdictions & general law > General
The author is currently Honorable Attorney General and Commissioner fro Justice of Oyo State of Nigeria. In this book he discusses the scope for freedom of expression in relation to the press in Nigeria, the offences a journalist may run foul of and the defences available if an offence in committed.
Antarctica, the last great wilderness on earth, is a continent of extremes. It is the coldest, highest, driest, windiest, remotest, most desolate place on the planet. Yet despite these profoundly forbidding characteristics the Antarctic commons has attracted increasing political, economic, and diplomatic attention in recent years. This interest has been stimulated by the tremendous bounty of living marine resources, concern over ozone depletion and environmental degradation, and exaggerated public speculation about the potential of exploiting mineral wealth, especially hydrocarbons, on and around the continent. Governing the Frozen Commons examines the Antarctic Treaty System as a complex legal regime for managing resource activities in the Antarctic and assesses what innovative legal arrangements might be needed to regulate future political and economic developments there. In this study, Christopher C. Joyner analyzes a number of critical considerations affecting the circumpolar south, including the status of Antarctica as a global commons; the legal regime currently in place for managing Antarctic affairs; the legal, economic, and political implications of applying a common heritage of mankind regime to the Antarctic; the viability of the legal regimes now established for resource management, conservation, environmental protection, and scientific investigation in the Antarctic; and the prospect that Antarctica might be considered a world park.
In this lively book, veteran tax attorney Michael Savage provides essential tax advice to small business owners, many of whom pay exorbitant tax fees for mistakes that may have easily been avoided. Without staff attorneys at their disposal, small businesses can get into big financial trouble, not out of dishonesty, but because they don't know where the potential tax landmines lie.Concise, practical and irreplaceably instructive, Don't Let the IRS Destroy Your Small Business covers seventy-six areas of tax law that cause business owners the most trouble, regardless of what business they are in: payroll tax liability, excessive salaries, travel and entertainment expenses, fringe benefits, pension plans, owning multiple companies, and many more.
The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking.
Legal history has usually been written in terms of writs and
legislation, and the development of legal doctrine. Christopher
Brooks, in this series of essays roughly half of which are
previously unpublished, approaches the law from two different
angles: the uses made of courts and the fluctuations in the
fortunes of the legal profession. Based on extensive original
research, his work has helped to redefine the parameters of British
legal history, away from procedural development and the refinement
of legal doctrine and towards the real impact that the law had in
society. He also places the law into a wider social and political
context, showing how changes in the law often reflected, but at the
same time influenced, changes in intellectual assumptions and
political thought.
In a landmark decision in 1984, the Supreme Court of Canada declared that the Crown is bound by fiduciary, or trust-like, obligations to Canada's aboriginal peoples. By holding the Crown's duty to be legal, rather than merely political or moral, the Supreme Court blazed a new path in Canadian aboriginal rights jurisprudence. Yet, more than a decade later, many of the outstanding issues arising from that decision have yet to be answered or adequately addressed. This is, in part, because the Supreme Court provided little guidance as to the nature and extent of the Crown's duty. Leonard Rotman explores the unanswered questions that plague the Crown-Native fiduciary relationship. He begins by looking at the politics underlying Crown-Native relations and the effects of colonialism on Native peoples. Legislation and case law are then surveyed to reveal the historical and current status of fiduciary doctrine. By examining its fundamental characteristics and principles, Rotman formulates a functional rather than a categorical interpretation of fiduciary law. Finally, he discusses the effects of applying fiduciary law to the Crown-Native relationship. Considering the present status of aboriginal rights issues in Canada, it is striking that the Crown-Native fiduciary relationship remains the subject of so much confusion and uncertainty. With this principled treatment of fiduciary doctrine and its impact upon Crown-aboriginal relations in Canada, Rotman bridges a significant gap in legal.
You and the Law in New Jersey, newly updated, is the ideal guidebook to assist readers in understanding the law, their rights, and how to get legal help. In clear, straightforward language, the book describes how law is made, how to do legal research, how the state and federal court systems work, how to get help if you can't afford a lawyer, how to hire a lawyer, and what to do if you are sued. The second edition contains much new information, including a chapter on credit, debt, and banking, the landlord-tenant relationship and buying a home, and others on the rights of senior citizens, veterans, and people with disabilities. The authors have also expanded their information on the rights of renters, homeowners, and consumers of public utilities, as well as their treatment of employment law. They have rewritten chapters on health and public benefits to address the recent sweeping reforms of federal and state law.
By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.
This book is a worthy contribution to Caribbean business and professional literature. The work falls into that unique category of published works which not only deals with the topic from a theoretical perspective but also focuses the reader's attention on the practical application of the theory. This book is intended for and should prove invaluable to those persons who are required to play an active role in the affairs of corporate entities. Chairmen, directors and company secretaries, all of whom must understand the proper process and procedures through which corporate decisions are made will find the text to be a practitioner's handbook. Accountants, lawyers and other professionals who are required to advise clients on various aspects of corporate procedure will find it an indispensable source of reference. Shareholders who seek a better understanding of corporate procedure and the process through which their rights may be exercised will find the book user friendly. For students pursuing a career in corporate law, The Administration and Conduct of Corporate Meeting is required reading. Although this book primarily deals with the conduct of company meetings, its contents are equally applicable to others types of corporate meetings. Persons concerned with the administration and conduct of business will find it useful. Included in this work are a table of comparative references to other selected regional company legislation and the Caribbean Law Institute draft model Company Bill in order to enhance the usefulness of the text to the wider Caribbean community.
In January 1949 a thirty-two-year-old white woman in Martinsville, Virginia, accused seven young black men of raping her. Within two days state and local police had rounded up all the suspects and extracted confessions from them. In a series of trials that lasted eleven days, all were found guilty and sentenced to death - a sentence that was carried out, amid a storm of protest from civil-rights advocates and death-penalty opponents, in February 1951. Here is the first comprehensive treatment of the Martinsville case. Covering every aspect of the proceedings, from the commission of the crime through two sets of appeals, Eric Rise reexamines common assumptions about the administration of justice in the South. Although racial prejudice undeniably contributed to the outcome of the case, so did concerns for due process, crime control, community stability, judicial restraint, and domestic security. The success of the due process campaign by groups such as the NAACP helped curb the most egregious abuses of authority, but it did little to help defendants who conceded their guilt but protested unusually severe sentences. The author focuses on the efforts of the attorneys for the Martinsville Seven, who, rather than citing procedural errors, directly attacked the discriminatory application of the death penalty. It was the first case in which statistical evidence was used to substantiate systematic discrimination against blacks in capital cases.
A thorough analysis of insider trading requires the integration of law and finance, and this book presents a theoretical and empirical examination of insider trading by incorporating a synthesis of securities law with that of financial theory. The book begins with a conceptual framework that explores the theoretical roles of markets, firms and publicly held corporations, including a discussion of corporate governance to determine both who may have access to nonpublic information, and their legal rights and responsibilities. The book then examines different aspects of the securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, and a critique of the SEC disclosure rules and their ramifications for market efficiency. This is followed by a detailed chronology of insider trading regulations enacted in the U.S. since 1934 and an overview of the existing empirical literature on insider trading. Empirical evidence is presented on insider trading activities and the merit of anti-insider trading laws is evaluated on theoretical arguments and recent empirical developments. The authors conclude by arguing that insider trading laws and enforcement activities have failed and propose the decriminalization of insider trading.
This is a broad history of the western European legal tradition. From the modern age the author looks back to a time when Europe had a common law that transcended national and legal boundaries. This common law, which Bellomo calls the ""ius commune"", had developed in the 12th century from the fusion of Roman, canon and feudal law. Existing within the framework of the ""ius commune"" were the local laws or ""iura propria"" - the myriad laws of everyday life, the laws particular to the various kingdoms, principalities, cities, guilds and secular and ecclesiastical corporations. Bellomo illustrates how for centuries the ""ius commune"" permeated every aspect of the ""iura propria"", marking European law indelibly with its stamp. Because the ""iura propria"" emerged from the unifying norms and principles of the ""ius commune"", one can not properly understand local European systems of law without first understanding the ""ius commune"" and its influence on the legal concepts, institutions, procedures, documents, and doctrines of the ""iura propria"". Linking his history to modern day concerns, Bellomo argues that the codification that occurred in European countries during the 18th and 19th centuries has introduced ambiguity, rigidity and uncertainty into legal systems. A new common law for the whole of Europe, he asserts, would provide a much better vehicle for legal change and development in a time when the economic barriers between European nations are crumbling. Bellomo then describes the beginnings of the ""ius commune"" in the schools of the 12th century, discusses the development of Italian, French and German ""iura propria"", and incorporates into the text sketches of the great jurists who gave common law its intellectual vigour. He concludes with an account of the humanist jurists of the 15th, 16th and early 17th centuries.
This collection of essays brings together the author's work on th
growth of administrative monarchy in Angevin England, concentrating
upon the personnnel of royal government and especially upon the
common law courts. It describes the institutions of the English
common law during its formative period, including the growth of the
jury and of the two central courts, Common Pleas at Westminster and
the court following the king, later King's Bench. Another group of
essays illustrate the justices' handling of cases coming before the
law courts, examining please that touched the king's interest.
After a discussion of the authorship of England's first great
lawbook, Glanvill, other essays examine the justices, their level
of literacy, the conflicts facing the clerics among them in hearing
secular cases, and the hostility that they aroused as 'new men' in
the king's service from conservative elements in society.
Focusing on Florence, Thomas Kuehn demonstrates the formative
A collection of readings from over two hundred years of judicial decision-making, this volume explores the changing meaning of the central tenets of American political culture. Organized into chapters on natural law, freedom, democracy, equality, and privacy, the selections address issues ranging from the limits of free speech to the right to die with dignity, from affirmative action to abortion. Together the judges' opinions reflect not only the influence of abstract ideas and ideals on the judiciary, but also the evolution of American political values. H. L. Pohlman introduces each chapter with an essay that traces the genealogy of the principle in question from antiquity to modern times. He also provides headnotes to each chapter subsection explaining the key facts of specific cases. For the most part, however, Pohlman allows the judges to speak for themselves. The opinions included in the book are drawn from state and lower courts as well as from the records of the United States Supreme Court. As a result, while some of the excerpts, such as Chief Justice Earl Warren's majority opinion in Brown v. Board of Education, are well known, others are less familiar. Whatever the source, each provides a unique perspective on the moral and political ambiguities that have shaped American History.
In this New York Times bestseller, David Brock, a leading investigative journalist in America, presents an argument of the fact and fiction that made up the Hill-Thomas hearings of 1991. Presenting a thorough investigation of the evidence in the Thomas-Hill hearings, Brock argues that there was no reason to believe Anita Hill's accusations of sexual harassment against Clarence Thomas. "The Real Anita Hill is well written, carefully reasoned, and powerful in its logic. It is must reading for anyone who feels remotely touched by this case. ...The questions [Brock] leaves the reader pondering are ancient but vital: how do you keep separate the bad means and the good ends; how do you keep the bad means from rotting the entire system?" - Christopher Lehmann-Haupt, The New York Times
Rodes examines the legal materials (cases, statutes, canons, and measures) used in the English experience of updating the medieval synthesis of church and state.
Commercial Law: Definition, Scope, Parties, Types of Transactions, Sources; The UCC: History, Nature, Policies, Content, Code Methodology; Sale of Goods: Scope, Policies, Contract Formation, Offer, Acceptance, Statute of Frauds; Performance: General Obligations, Seller's Obligations, Buyer's Obligations, Risk of Loss, Excusable NonPerformance, Modification; Remedies: Breach of Contract, Seller's Remedies, Buyer's Remedies, Agreed Remedies, Statute of Limitations; Third Party Claims: Ownership, Security Interests; Creditors and Purchasers' Leasing of Goods: Scope, Policies, "True Lease, " Definitions, Choice of Law and Forum, Private Autonomy, Unconscionability, Statute of Frauds, Warranties, Transfer and Alienability, Priority Disputes, Fixture Claims, Sale and Leaseback, Finance Leases, Default by Lessor, Default by Lessee.
This work combines a theoretical approach to legal translation with a practical exposition of how relevant principles may be applied to the French legal system. In two introductory chapters, the author discusses what is meant by "legal language" and goes on to decribe the techniques available for translating legal terms. The remaining chapters provide a detailed account of the French legal system.
One of the important objectives of the ASEAN Programme on Industrial Relations for Development (a joint project ILO/UNDP/ASEAN) was to promote the study and analysis of basic issues in labour relations and labour laws within the ASEAN countries. To meet this objective a number of national experts have been invited under the Project to prepare country studies on the following issues: the problem of union recognition; the administration and enforcement of collective agreements; the voluntary and compulsory arbitration of labour disputes; the right to strike and lockout. These studies, which have now been completed and published, are aimed to provide an opportunity for students, practitioners, policy-makers to acquire valuable insights based on the experience of the ASEAN countries. It is hoped that these materials will promote comparative studies in labour relations and labour laws which in turn could lead to cross-fertilisation of ideas and concepts and even to desirable reforms.
The first comprehensive study in English on internal public law in Romania. |
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