This book discusses and analyses fraud and corruption cases from many industries including construction, finance, pharmaceutical, transport, retail, medical, health, communication, education and military.The book is divided into two sections. The first part presents case studies that cover several industry sectors, including not only well-known frauds like Bernie Madoff, Wells Fargo and the Enron case, but also recent events such as the Theranos/Elisabeth Holmes case. The second section of the book includes materials on fraud and corruption such as the full text of the United Nations Convention Against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business, and the EIB's Anti-Fraud Policy and Whistleblowing Policy. It also includes examples about current corporate anti-corruption policies from companies like Apple, Tesla and Coca Cola. For interested readers, the book offers additionally a list of films that realistically cover the topics fraud, corruption and whistleblowing.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

"This book is a classic... its style and content remain invaluable." Entertainment Law Review This is the new edition of a unique book about intellectual property. It is for those new to the subject, both law students and others such as business people needing some idea of the subject. It provides an outline of the basic legal principles, educating the reader as to the shape of the law. Critically, it also gives an insight into how the system actually works. You cannot understand chess by merely learning the rules - you also have to know how the game is played: so too with intellectual property. The authors deliberately avoid technicalities: keeping things simple, yet direct. There are no footnotes to distract. Although cases are, inevitably, referred to, they are explained in a pithy, accessible manner. All major areas of IP - patents, trade marks, copyright and designs - are covered, along with briefer treatment of other rights and subjects such as breach of confidence, plant varieties and databases. A novice reader should come away both with a clear outline of IP law and a feeling for how it works. Students will be able to put their more detailed study into perspective. Users will be able to understand better how IP affects them and their businesses.

Corporations Law: Concepts, Cases, and Culture Textbook and Wordbook examine the three distinct and overlapping areas that relate to company law. Concepts - The text will explore the main concepts and theories behind the law, rules and principles relevant to companies. Cases - The text delves into the key case law in historical and contemporary terms. These cases provide a narrative of the key challenges and gaps in the understanding and operation of the corporation and provide an insight into how and why and how company law have developed. Culture - One of the significant selling features of the book is on the significance of corporate culture and its growing importance within law schools. Corporate culture will be covered throughout the text showing how it shapes corporate governance and regulation, and how cultural shortcomings can lead to corporate misconduct. Textbook features and structure The structure of the textbook moves away from bigger chapters, and focuses on shorter chapters which deal with separate topics. The aim is to align each chapter based on a 36 hour course using a more modular approach and introductory chapter will be included in the textbook and workbook to clarify this approach. Workbook features and structure The workbook will have links to the textbook and will be very visual, summarising the main points of the textbook using diagrams, flowcharts and tables . The Workbook will summarise the main concepts in the textbook into explanatory diagrams and flowcharts, and include other pedagogical features such as critical reflection questions, problem-solving questions, visual chapter summaries, end of chapter study questions and case studies

Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as "The Rainbow Suite"), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer's and Contractor's Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer's Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful.

Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders' property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that prove shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper-level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and accountants.

The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports. The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases.

It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.

This adjudication textbook uniquely brings together a comprehensive analysis of, and commentary on, the Construction Contracts Act 2013 with a real-world perspective of adjudication, considering the knowledge, process and skills parties and adjudicators require in order to successfully participate in the adjudication process. Drawing on combined experience of 40 years in construction law, the authors provide invaluable guidance for all stakeholders in the adjudication process. The authors analyse and comment on the adjudication provisions of the Construction Contracts Act and describe prudent practice and procedure required to comply with Irish adjudication law, including case studies, case law and sample documentation for those to be involved as the parties, or those who want to act as adjudicators. Aimed at contractors, sub-contractors, developers, employers, construction, engineering and legal professionals and students, all of whom are either involved, or have an interest, in dispute resolution and adjudication.

Appropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.

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.

This book describes the results of a research project on compliance and organizational integrity, financed by the German government and conducted over the last three years. The book offers a theoretical framework and valid instruments for measuring the outcome of compliance management: organizational integrity. To pinpoint the specifics of organizational integrity, and to create a framework for assessment, the book analyzes not only the cases of Siemens and Deutsche Bank but also a specific form of organization: governmental organizations. The book includes the results of a survey of employees in five German cities, in the course of which the author conducted interviews with the personnel responsible for compliance in different organizations. In addition, during their discussions he analyzed the administrative staff with regard to the decision-making processes they were involved in.

This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings' freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.

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.

Now in its third edition Construction Law by Julian Bailey is the definitive work of reference for construction law practitioners internationally. In three volumes, it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. The book in its new updated form is an indispensable work of reference for law practitioners and is now accessibly priced for the post-graduate student market.

This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union's current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice's most recent case law and that of the courts of the most important trading partners of the European Union.

Contract and procurement fraud, collusion, and corruption are worldwide problems. Such wrongdoing causes federal, state, and local governments, as well as private-sector corporations and businesses, to lose funds and profits, while the wrongdoers unjustly benefit. Bid riggers conspire to eliminate fair and open competition and unjustly increase prices, allowing some to monopolize industries. Too often, contracting officials and others responsible for placing orders or awarding contracts compromise their integrity and eliminate fair and open competition to favor vendors offering bribes or gifts. This results in unfair playing fields for vendors and causes financial losses for businesses, government agencies, and taxpayers. Charles Piper's Contract and Procurement Fraud and Corruption Investigation Guidebook educates readers on fraud and corruption schemes that occur before, during, and after contracts are awarded. This book teaches not only how to identify such wrongdoing, but also how to investigate it and prevent reoccurrence. Piper shares the Piper Method of Conducting Thorough and Complete Investigations, his innovative and proven method of investigating contract and procurement fraud, and demonstrates its principles with personal, on-the-job examples (which he calls "War Stories") woven throughout the text. Intended for criminal justice students, as well as investigators, auditors, examiners, business owners, policy-makers, and other professionals potentially affected by fraud, this book is a must-read guide to effective procurement and contract fraud investigations from inception to testimony.

Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: * the obligations of employers and contractors * certification * payment * ending a construction contract * remedies * subcontracts * collateral warranties * insurance * dispute resolution * regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts * Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts * Arbitration (Scotland) Act 2010 * Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: * very approachable and readable I would particularly recommend this book to non-legal construction professionals Construction & Engineering Law * an informative textbook for the practitioner [a] significant contribution to knowledge Arbitration * a highly competent textbook which would be of value for industry professionals with no legal background Construction Law

The Asian model of export-led growth served it well in the post-war period, but prolonged sluggish growth of the developed economies following the global financial crisis, together with growing inequality and rising environmental problems, point to the need for a new growth model. The purpose of this book is to describe the challenges facing Asian economies in the post-global financial crisis environment and to identify structural issues and policies that can help guide Asian policymakers to expand the growth potential of domestic and regional demand in coming years, and thereby create a basis for balanced, sustainable, and inclusive long-term growth. These issues and policies span a variety of dimensions, including macroeconomic policy (monetary, fiscal, and foreign currency management), real sector issues (trade and industrial structure), infrastructure development, labor market and social policy, financial sector reform and regulation, and regional cooperation and architecture. Key recommendations to achieve these goals include measures to: deepen social protection to support social resilience; increase infrastructure investment to create a "seamless Asia"; enhance productivity in the services sector; establish a region-wide free trade agreement to encourage intraregional trade in goods and services and investment through economies of scale and dynamic efficiency of a larger market; promote a shift to a low-carbon society and support green growth; and deepen and integrate financial markets to facilitate the recycling of Asia's high savings for investment within the region.

This well-researched and highly topical book analyzes whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development. The expert contributors explore the legal tools that are available to adjust IP protection to different needs and circumstances and how much flexibility exists to employ these tools. In providing answers to these and other similar questions, the book helps to resolve the fundamental question of whether one size can really fit all in the domestic and international context. Uncovering the general matrix of IP, The Structure of Intellectual Property Law will appeal to researchers in law, economics and business, students in intellectual property, competition law and economics, as well as practitioners and policy makers. Contributors include: M. Barczewski, M. Brown, M. Carroll, A. Christie, K. Crews, G. Dinwoodie, S. Enchelmaier, C. Geiger, H. Grosse Ruse-Khan, A. Ohly, R.J.R. Peritz, U. Petrusson, A. Peukert, C. Schmidt, M. Senftleben, J. Zajadlo

This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator's resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.

The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a "(world) risk society." Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: * Social risks and business regulation * Preconditions for better business regulation * Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible-without jeopardizing the related public goals-the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

Which member of the NEC3 family of contracts should I use? How do I choose and use my main and secondary options? What are the roles and responsibilities of the various parties? How should I effectively manage early warnings and compensation events? Important questions can arise when working with NEC3 contracts, some of them have simple answers and others require more a detailed response. Whether you are an NEC3 beginner or an expert, the 100 questions and answers in this book are a priceless reference to have at your fingertips. Covering issues that can arise from the full range of NEC3 forms, Kelvin Hughes draws on questions he has been asked during his 20 years working with NEC and presenting training courses to advise, warn of common mistakes, and explain in plain English how these contracts are meant to be used.

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.