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The second edition of a book on sales and leases of goods by two of the country's leading experts in commercial law. The book uses a problem-based approach to help students master the applicable legal rules, understand how the law applies to both simple and complex commercial transactions, and learn how to use the law in planning transactions and drafting agreements. The book consists primarily of text and carefully sequenced problems. Many of the problems ask students to apply the law to a set of facts. Others do the reverse, asking students to identify a set of facts to which a specific rule applies. The remainder prompt students to think about the policies underlying the law or how the law affects commercial behavior or do a bit of contract drafting.
Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.
This publication is the third book in the "European Procurement Law Series". The publications in the Series consider the current state of law in the EU and looks into the interpretation, implementation and practice in a range of Member States. An important part of the books is a comparative analysis based on the in-depth analysis of the state of law in selected Member States. The books are written by a group of European academic experts of which several members give legal advice in the field of public procurement. The members of the group currently come from Italy, Germany, France, United Kingdom, Spain, Poland, Rumania and Denmark. The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness than previously. The analysis focus on national enforcement of the EU public procurement rules as enforcement mainly takes place at national level and the recent changes introduced with Remedies Directive 2007/66 are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention in the publication. Enforcement at supranational level will also be considered with emphasis on the possible interaction between national and supranational enforcement of the rules.
The fifth edition of SECURED TRANSACTIONS IN A NUTSHELL provides extensive coverage of the 1999 version of UCC Article 9 which has been enacted by all states. Some coverage of the 1972 version of Article 9 and pre-code law related to secured transactions is included to provide historical perspective. The text includes coverage of matters related to the scope of Article 9, the security agreement and attachment of the security interest, the relationship of the debtor and secured party prior to default, the perfection of the security interest by filing and other means, multi-state choice of law and perfection issues, priority of the secured party and others in and out of bankruptcy, and default and enforcement of the security interest. The text offers many examples to illustrate this intricate subject matter of the law.
A contractor needs three basic things to be successful in business:
an accountant, a calendar, and this book. Completely revised and
updated, the advice in Smart Business for Contractors all but
insures a contractor's increased efficiency and profitability.
This two and a half hour Secured Transactions audio lecture on compact disc covers collateral, security interests between debtor and creditor, such as creation and attachment, between creditor and others, including perfection filing, possession, control, automatic, and temporary, and priorites of secured parties v. lien creditors. It also defines a perfected secured party, purchaser BIOCs, holder in due course rule, and secured party v. secured party purchase money security interests, fixtures, and accessions. Other subjects include rights upon default, including collection and enforcement by secured parties, possession and disposition by secured parties, noncompliance, acceptance of collateral in full or partial satisfaction, and application of proceeds of sale. This lecture also includes a 24 page handout.
This book gives students taking the introductory course in business associations a succinct but reliable overview of the principal legal issues that arise in business relationships over the life cycle of the business. The book explains the basic concepts that govern these relationships and provides specific examples of how they apply. It also explains similarities and dissimilarities in the business associations covered. Finally, the book considers the background and interests in the course of the students. The book is intended to help students understand the course whether their background is in accounting or music.
This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes. After conducting a critical review of the legal origins literature, the authors first analyze the evolution of legal rules and regulations during the last decade (2006-2014). For that purpose, the book uses legal/regulatory indicators from the World Bank's Doing Business Project (2015). The findings indicate that countries have actively reformed their legal systems during this period, particularly French civil law countries. A process of convergence in the evolution of legal rules and regulations is observed: countries starting in 2006 in a lower position have improved more than countries with better initial scores. Also, French civil law countries have reformed their legal systems to a larger extent than common law countries and, consequently, have improved more in the majority of the Doing Business indicators used. Second, the authors estimate fixed-effects panel regressions to analyze the relationship between changes in legal rules and regulations and changes in the real economy. The findings point to a lack of systematic effects of legal rules and regulations on economic and financial outcomes. This result stands in contrast to the widespread belief that reforms aiming to strengthen investor and creditor rights (and other market-friendly policies) systematically lead to better economic and financial outcomes.
This Quick Review of Cox's Corporations, 4th-part of the Sum and Substance Series-saves time and increases student performance. It includes a main outline section with clear, concise explanations of legal concepts and terms; capsule summaries of significant cases; a Casebook Table that keys the Quick Review outline to relevant pages of leading casebooks; and numerous essay and multiple-choice questions with model answers and detailed explanations. All answers are cross-referenced to the outline sections. Contains a 10-5-2 Hour Study Guide, which offers study suggestions in the hours before an exam.
When Steven Burd, CEO of the supermarket chain Safeway, cut wages and benefits, starting a five-month strike by 59,000 unionized workers, he was confident he would win. But where traditional labor action failed, a novel approach was more successful. With the aid of the California Public Employees' Retirement System, a $300 billion pension fund, workers led a shareholder revolt that unseated three of Burd's boardroom allies. In The Rise of the Working-Class Shareholder: Labor's Last Best Weapon, David Webber uses cases such as Safeway's to shine a light on labor's most potent remaining weapon: its multitrillion-dollar pension funds. Outmaneuvered at the bargaining table and under constant assault in Washington, state houses, and the courts, worker organizations are beginning to exercise muscle through markets. Shareholder activism has been used to divest from anti-labor companies, gun makers, and tobacco; diversify corporate boards; support Occupy Wall Street; force global warming onto the corporate agenda; create jobs; and challenge outlandish CEO pay. Webber argues that workers have found in labor's capital a potent strategy against their exploiters. He explains the tactic's surmountable difficulties even as he cautions that corporate interests are already working to deny labor's access to this powerful and underused tool. The Rise of the Working-Class Shareholder is a rare good-news story for American workers, an opportunity hiding in plain sight. Combining legal rigor with inspiring narratives of labor victory, Webber shows how workers can wield their own capital to reclaim their strength.
Organizing and administering a construction site so that the right resources get to the right place in a timely fashion demands strong leadership and a rigorous process. Good logistical operations are essential to profitability, and this book is the essential, muddy boots guide to efficient site management. Written by experienced educator-practitioners from the world-leading Building Construction Management program at Purdue University, this volume is the ultimate guide to the knowledge, skills, and abilities that need to be mastered by project superintendents. Observations about leadership imperatives and techniques are included. Organizationally, the book follows site-related activities from bidding to project closeout. Beyond outlining broad project managerial practices, the authors drill into operational issues such as temporary soils and drainage structures, common equipment, and logistics. The content is primarily geared for the manager of a domestic or small commercial building construction project, but includes some reference to public and international work, where techniques, practices, and decision making can be substantially different. The book is structured into five sections and fifteen chapters. This facilitates ready adaptation either to industry training seminars or to university courses: Section I. The Project and Site Pre-Planning: The Construction Project and Site Environment (Randy R. Rapp); Due Diligence (Robert Cox); Site Organization and Layout (James O'Connor). Section II. The Site and Field Engineering Issues: Building Layout (Douglas Keith); Soil and Drainage Issues (Yi Jiang and Randy R. Rapp). Section III. Site Logistics: Site Logistical Procedures and Administration (Daphene Koch); Earthmoving (Douglas Keith); Material Handling Equipment (Bryan Hubbard). Section IV. Leadership and Control: Leadership and Communication (Bradley L. Benhart); Health, Safety, Environment (HSE), and Security (Jeffrey Lew); Project Scheduling (James Jenkins); Project Site Controls (Joseph Orczyk); Inspection and QA/QC (James Jenkins). Section V. Planning for Completion: Site-Related Contract Claims (Joseph Orczyk); Project Closeout (Randy R. Rapp).
This book provides a deep understanding of state-owned multinationals (SOMNCs) and their role in global business. SOMNCs have emerged as a force to contend with in global competition, and their study connects several fields such as economics, political economy, international business and global strategy. This prestigious collection of articles presents insights into the interaction between government ownership and internationalization, and aims to provoke new research approaches and insights on the topic. The book includes some of the key contributions to our understanding of these firms and new commentaries explaining how to analyze them. This book is essential reading for academics and consultants looking to gain a clearer understanding of SOMNCs and how to research them.
Standard contracts published for use in the construction industry are complex documents and contain many inter-related clauses. This book will enable the user to find easily not just the main references dealing with a particular topic, but also the related clauses and references. In facing any contractual problem, it is the practitioner's primary duty to discover all the relevant references and make a judgement, which is not possible until all references have been covered. This book identifies the main topics which a practitioner will encounter, giving all the references to each topic which may be scattered throughout the document and a one-line signpost to indicate the contents of each reference.
This is one of the first books that comprehensively explains fundamental theories of natural resource and infrastructure public private partnership (NRI-PPP) projects and project finance. NRI-PPP projects and project finance have been adopted in natural resource development, including oilfield development, mine development, and liquefied natural gas production; manufacturing, such as petrochemistry, which uses crude oil; and infrastructure-related projects such as railways, roads, airports, ports, water supply, waste treatment, communications, and electricity. An important concern during negotiations among the various stakeholders is the lack of congruence between theories underlying NRI-PPP projects and project finance and the particular, real-life business considerations of the subject project and lack of understanding of the key theories. Studies that help us understand NRI-PPP projects and project finance have been developed based on economic theories such as contract theory and the economics of law by several distinguished professors. Until now, however, in financial institutions staff in departments that specialize in project finance have developed an understanding of the theories underlying NRI-PPP projects and project finance primarily through on-the-job training during which business points of view were passed on. Principles and theories regarding NRI-PPP projects and project finance have not been taught through textbooks in these firms. In fact, there are only a few books that explain the fundamental theories for actual project structures or actual project finance. This book attempts to fill that gap by making clear the fundamental theories that exist behind the actual projects and project finance in relation to natural resources and infrastructure. Readers of this book will include not only professionals in various private sectors and banks but also those involved in PPP projects in the public sector.
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
This book deals with one strand of the intense debate concerning the links between law and development, namely the coordination of innovation processes and legal change. It analyzes how innovation, and ultimately development, can be fostered or hindered by existing or new legal infrastructures. The book includes eleven original contributions from senior and junior scholars and is divided into two parts, the first focusing on theoretical frameworks and the second presenting several case studies on various institutional aspects. A particular strength of this part is its broad geographical coverage, which encompasses the legal frameworks in Europe, the Americas, Africa, and Asia. The contributions collected in this book will be of value to a broad readership. Academic scholars will find useful information on lessons learned from reforms implemented in different areas and come to better understand the methodological hurdles involved in reform assessment. Policymakers in national and international organizations can draw on these studies when designing new programs. Lastly, practitioners in developed and developing countries can use these contributions to promote the success of current or new initiatives.
This book offers readers a comprehensive and in-depth legal analysis of corporate social responsibility (CSR) by examining the theoretical foundations of corporate governance and its legal mechanism in the United States and South Korea. Moreover, it proposes legislative blueprint for establishing the legal frameworks that might serve to legitimize and effectively implement CSR in general. Reflecting the zeitgeist of improved corporate accountability and transparency, the ongoing movement to enhance CSR has permeated entire sectors of society the world over. Despite the apparent ubiquity of CSR, the corporate laws of many countries remain relatively silent on the issue, omitting to include any explicit provision governing the concept. Partly in response to this lack of legislation, Korean corporate scholars, for example, have attempted to introduce American legal theories, systems and laws on CSR into Korea. Yet traditional Korean jurisprudence provides no defining foundation for CSR; indeed, the prevailing view in jurisprudence and scholarship passively resists instituting corporate responsibility into the law. In response to this jurisprudential and academic shortcoming, and as an example for other countries, this book provides a comprehensive guide to the relevant legislation and theory on CSR in Korean corporate law by employing a comparative study of the relevant American theories and laws. Proceeding from this analysis, the book then puts forward a legislative blueprint for establishing a foundation to legitimize and effectively implement CSR.
This guide will help the contractor's staff overcome some of the difficulties encountered on a typical international contract using FIDIC forms.
The majority of FIDIC-based contracts use the Red Book
(Conditions of Contract for Construction), so this book
concentrates on the use of those particular forms. Supplementary
comments are included in Appendix C for the Yellow Book (Plant
& Design-Build) recommended for use where the contractor has a
The guide is not intended to be a review of the legal aspects of FIDIC- based contracts; legal advice should be obtained as and when necessary, particularly if the Contractor has little or no knowledge of the local law.
Armed on site with a copy of The Contractor and the FIDIC Contract, the Contractor's Representative will be more able to avoid contractual problems rather than spend considerable time and energy resolving those problems once they have arisen.
This volume (1) defines the specific-anticompetitive-intent, lessening-competition, distorting-competition, and exploitative-abuse tests of illegality promulgated by U.S. and/or E.U. antitrust law, (2) compares the efficiency defenses promulgated by U.S. and E.U. antitrust law, (3) compares the conduct-coverage of the various U.S. and E.U. antitrust laws, (4) defines price competition and quality-or-variety-increasing-investment (QV-investment) competition and explains why they should be analyzed separately, (5) defines the components of individualized-pricing and across-the-board-pricing sellers' price minus marginal cost gaps and analyses each's determinants, (6) defines the determinants of the intensity of QV-investment competition and explains how they determine that intensity, (7) demonstrates that definitions of both classical and antitrust markets are inevitably arbitrary, not just at their periphery but comprehensively, (8) criticizes the various protocols for market definition recommended/used by scholars, the U.S. antitrust agencies, the European Commission, and U.S. and E.U. courts, (9) explains that a firm's economic (market) power or dominance depends on its power over both price and QV investment and demonstrates that, even if markets could be defined non-arbitrarily, a firm's economic power could not be predicted from its market share, (10) articulates a definition of "oligopolistic conduct" that some economists have implicitly used-conduct whose perpetrator-perceived ex ante profitability depended critically on the perpetrator's belief that its rivals' responses would be affected by their belief that it could react to their responses, distinguishes two types of such conduct-contrived and natural-by whether it entails anticompetitive threats and/or offers, explains why this distinction is critical under U.S. but not E.U. antitrust law, analyzes the profitability of each kind of oligopolistic conduct, examines these analyses' implications for each's antitrust legality, and criticizes related U.S. and E.U. case-law and doctrine and scholarly positions (e.g., on the evidence that establishes the illegal oligopolistic character of pricing), and (11) executes parallel analyses of predatory conduct--e.g., criticizes various arguments for the inevitable unprofitability of predatory pricing, the various tests that economists/U.S. courts advocate using/use to determine whether pricing is predatory, and two analyses by economists of the conditions under which QV investment and systems rivalry are predatory and examines the conditions under which production-process research, plant-modernization, and long-term full-requirements contracts are predatory.
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