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Books > Law > Laws of other jurisdictions & general law > General
Particular controversial legal-moral problems are examined.
Detailed historical account of the earlier known abuses of legal procedure
Employee relations, food and liquor liability, partron civil rights, and federal regulations are all subjects that concern hospitality operators, who know that preventing legal problems is the best way to keep profits from being siphoned off by expensive legal hassles. This book gives readers an opportunity to look at hospitality operations from a legal standpoint and to develop management strategies to prevent legal problems.
Antitrust in Germany and Japan presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the anti-trust controls in Germany and Japan were the world's first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition. This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions. Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan. This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.
Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post-national democracy and legal legitimacy might be considered. Decoupling "law" from "state," the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union's normative order, and begin to develop new structures for the meaningful evaluation of the post-statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and social issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to "real-world" political and economic concerns.
Belief in the rule of law characterizes our society, our political order, and even our identity as citizens. Yet despite the importance of this phenomenon, those who study culture have failed to focus on the law. In this work, Paul Kahn provides a full examination of what it means to conduct a modern intellectual inquiry into the culture of law. He explains the shortcomings of current legal scholarship and, more important, charts the way for the development of an entirely new intellectual discipline of law, one that approaches law as a way of life rather than a set of rules. Kahn argues that legal scholars, despite the appearance of some sophisticated theory in modern legal scholarship, are bound to the idea of improving the law through reform. The state of current legal scholarship can be compared to the study of religion around the turn of the century, when it was a part of the practice of religion and not a distinct intellectual discipline as it is today. To conduct a genuine study of our legal culture, we must step outside the boundaries of our legal system, abandon the ambition of reform, and instead interpret the beliefs and practices that constitute the rule of law. Kahn outlines the conceptual tools and methodology necessary for such an inquiry. Drawing on modern cultural studies, he analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of the rule of law.
In the past decade the repatriation of Native American skeletal remains and funerary objects has become a lightning rod for radically opposing views about cultural patrimony and the relationship between Native communities and archaeologists. In this unprecedented volume, Native Americans and non-Native Americans within and beyond the academic community offer their views on repatriation and the ethical, political, legal, cultural, scholarly, and economic dimensions of this hotly debated issue. While historians and archaeologists debate continuing non-Native interests and obligations, Native American scholars speak to the key cultural issues embedded in their ancestral pasts. A variety of sometimes explosive case studies are considered, ranging from Kennewick Man to the repatriation of Zuni Ahayu: da. Also featured is a detailed discussion of the background, meaning, and applicability of the Native American Graves Protection and Repatriation Act, as well as the text of the act itself.
This book analyzes, in detail, the legal rules on defence procurement within the European Union, the limited regulatory efforts of the Western European Union, and the defence procurement regimes of three major states, France, Germany and the United Kindom. Using these various models, and also the regime governing civil procurement in the European Union, the book then examines the legal problems of developing an pan-European code on defence procurement, and suggests how these problems might be resolved. This contribution to the literature not only offers a comprehensive analysis of the legal issues involved in liberalizing defence procurement, but also provides stimulating suggestions on constructing a suitable regime.
The application of psychological principles to research and practice in crime prevention, detection, legal processes and offender treatment is a feature of the growing number of advanced undergraduate courses and graduate courses, and professional training programmes. This book reflects the need to provide an overview of psychological knowledge and its forensic applications and implications, to psychology students and its forensic applications and implications, to psychology students and to related professional disciplines such as psychiatry, nursing, policing, law, prison work and probation.
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