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.

Contemporary discussions of the corporation tend to divide into one of two camps: On one side are scholars who treat the firm as a purely economic and contractual entity, while another set of scholars look at corporations in purely political terms. Therefore, the corporation is not merely an economic endeavor; it is a political institution and must therefore serve social ends and not merely profit. In The Form of the Firm, Abraham Singer contends that both of these approaches overstate their cases dramatically, resulting in two wrongheaded, influential accounts of the corporation. He offers a third way that sees the corporation as being both economic and political. First, it is true that corporations exist primarily to increase economic efficiency. However, they do this in ways that distinguish them from the markets in which they operate. Corporations are not natural outgrowths of the free market, but institutions that we have developed to correct market inefficiencies through mechanisms normally associated with politics. Corporations use social power, norms, and state-sanctioned authority to establish economic cooperation in ways that markets cannot. But, Singer argues that they also have an obligation to uphold the norms of liberal democracy that enable their existence and smooth-running in the first place. A profound rethinking of what a corporation actually is and how power within it ought to be structured and exercised, The Form of the Firm will reshape our understanding of corporate governance, corporate law, and business ethics.

Intensely practical and clearly written, Law in Practice is the definitive jargon-free, professional guide to the law as it relates to a construction project. Addressing all the fundamental issues of contemporary English construction law, it allows architects to make sound judgements, avoid disputes, and run projects on a safer basis. The 3rd edition is now fully up-to-date with all recent changes including CDM 2015, BIM, the 2016 JCT contract suite and the new RIBA Professional Services Contracts.

How the problematic behavior of private citizens-and not just the police force itself-contributes to the perpetuation of police brutality and institutional racism "Warning: Neighborhood Watch Program in Force. If I don't call the police, my neighbor will!" Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, "vigilant citizenship." Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly. The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.

The fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.

The Schuman Report on the State of the Union is a work of reference which everyone now looks forward to reading every year. For decision makers and observers of European policy it is a source of original thought and ideas, underpinned by a strong requirement for quality. It is a tool for those who are looking for reliable sources in terms of European statistics and macro-economic data. Some eminent people have chosen to contribute their ideas also. In 2013, Josef Ackermann, former CEO of Deutsche Bank, Chairman of the Board of Directors of Zurich Insurance Group , offers his analysis of the banking Union, Lord Dykes, Foreign Affairs Spokesperson for the LibDems in the House of Lords, provides readers with his view of the future for the UK in the European Union and Alain Lamassoure, MEP, Chairman of the Budget Committee in the European Parliament, suggests a budgetary federation.The very best specialists help to throw light on the major trends ongoing in the economy and also in international and European politics. This book includes around 35 maps that are often unique, in explanation of the major issues the Union is facing. It also includes a summary of political Europe which analyses the 2012 electoral year (among France, Greece, The Netherlands, Romania), looks into the political and economic representation of women in Europe and draws up an overview of normative output in the Union in 2012. A unique series of commented statistics and maps covers all of the main topical issues (growth, buying power, economy, demography, immigration, energy, environment) and enables the Schuman Report 2013 to present a full view of the European Union and its policies.

The current debate over privacy presents some of the most complex policy-making challenges we have seen in some time. While data on consumers have long been used for marketing purposes, the Internet has substantially increased the flow of personal information. This has produced great benefits, but it also has raised concerns on the part of individuals about what information is being collected, how it is being used and who has access to it. These concerns, in turn, have led to calls for new government regulation. This study focuses on the market for personal information used for advertising and marketing purposes, which is the market affected by most of the regulatory and legislative proposals now under consideration. Unfortunately, there has been little careful analysis of these proposals and their likely consequences. This book attempts to fill this gap by addressing the following basic questions: * Are there 'failures' in the market for personal information? * If market failures exist, how do they adversely affect consumers? * Can such failures be remedied by government regulation? * Would the benefits of government regulation exceed the costs?GBP/LISTGBP The authors find that the commercial market for information appears to be working well and is responding to consumers' privacy concerns. They conclude that regulation imposed on a medium like the Internet that is changing so rapidly would have unpredictable and costly consequences. This study is a product of The Progress & Freedom Foundation's project on Regulating Personal Information: Balancing Benefits and Costs. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.

Deterrence of market manipulation is central to the entire regulatory and legal framework governing the operation of American commodity futures markets. However, despite all of the regulatory, scholarly, and legal scrutiny of market manipulation, the subject is widely misunderstood. Federal commodity and securities laws prohibit manipulation, but do not define it. Scholarly research has failed to analyze adequately the causes or effects of manipulation, and the relevant judicial decisions are confused, confusing, and contradictory. The aim of this book is to illuminate the process of market manipulation by presenting a rigorous economic analysis of this phenomenon, including the conditions that facilitate it and its effects on market users and others. The conclusions of this analysis are used to examine critically some legal and regulatory anti-manipulation policies. The Economics, Law and Public Policy of Market Power Manipulation concludes with a set of robust and realistic tests that regulators and jurists can apply to detect and deter manipulation.

Of all industries in the United States, the food industry must in fact be the most regulated by law. If it is not, its competition for this distinction goes unnoticed. All phases of the food industry are subjected to some control by law, beginning with the land food is grown on and the oceans from which it is harvested. Seed and plant stock are sometimes subjected to control such as to the nutritional value of the foods they produce. Acreages of agricultural crops, the quantities of foods to be produced, are regulated. As foods are produced, whether from plants or animals, the substances applied to increase yields or provide protection from pests are controlled to insure safe use. As foods enter and pass through the huge marketing system they are scrutinized from beginning to end by regulatory agents operating under authority of food laws. Those foods which are transformed through various technologies into today's thousands of consumer products are watched carefully to insure the appropriateness and safety of added ingredients, not all of which are natural, and the adequacy of processing, packaging and storage. Finally, the representation of foods to consumers through labeling and advertising is controlled to make sure it is accurate and sufficiently informative.

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

Legislation and case law following the relatively recent corporate scandals have increased scrutiny on the ethics and integrity of individuals, and the culture they create, at the highest levels within the corporate structure. The corporate General Counsel (GC) is a key member of that group. This enhanced attention increases the already substantial tensions facing the GC, who must navigate the demands and interests of various corporate stakeholders-including the board of directors, officers (particularly the CEO), stockholders, and employees-while also serving the best interests of the client, which is-and should only be-the corporation itself. In light of these heightened expectations on ethics, integrity, and other liability concerns, Indispensable Counsel: The Chief Legal Officer in the New Reality examines the key role of the independent, yet business-oriented, chief legal officer. Indispensable Counsel provides readers with the foundations of corporate representation followed by practical guidelines on how the multiple roles of GC are, or should be, resolved, with best practices as the goal. Former Supreme Court Justice of Delaware E. Norman Veasey and coauthor Christine T. Di Guglielmo bring their stature and wealth of experience in the field to bear in this must-have resource for anyone interested in the role of corporate counsel.

Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.

In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 35 featured judges.

The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.

This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major 'social bad', and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets - such as kickbacks to facilitate contracts in international commerce - and illegal markets - such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.

Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.

* No other book captures how construction industry relationships and practices have influenced the common law of contracts in the United States

In countries such as the UK, the energy used in constructing, occupying and operating buildings represents approximately fifty percent of greenhouse gas emissions. Pressure to improve the environmental performance of buildings during both construction and occupancy, particularly to reduce carbon emissions from buildings, has become intense.

Understandably, legislation and regulation are driving green development and compliance. And this is happening in a wide variety of ways. This review of the law in key jurisdictions for the research community, lawyers, the construction industry and government examines some of the mechanisms in place - from the more traditional building regulation controls to green leases and the law relating to buildings and their natural environment. Members of the CIB TG69 research group on 'Green Buildings and the Law' review aspects of the law relating to green development in a range of jurisdictions.

In countries such as the UK, the energy used in constructing, occupying and operating buildings represents approximately fifty percent of greenhouse gas emissions. Pressure to improve the environmental performance of buildings during both construction and occupancy, particularly to reduce carbon emissions from buildings, has become intense. Understandably, legislation and regulation are driving green development and compliance. And this is happening in a wide variety of ways. This review of the law in key jurisdictions for the research community, lawyers, the construction industry and government examines some of the mechanisms in place - from the more traditional building regulation controls to green leases and the law relating to buildings and their natural environment. Members of the CIB TG69 research group on 'Green Buildings and the Law' review aspects of the law relating to green development in a range of jurisdictions.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns.

This book provides guidance on delay analysis, particularly in relation to extension of time submissions. It gives readers the information and practical details to be considered in formulating and resolving extension of time submissions and time-related prolongation claims. Useful guidance and recommended good practice is given on all the common delay analysis techniques, and worked examples of extension of time submissions and time-related prolongation claims are included. Written in a practical and user-friendly style, the book includes helpful charts and graphics. It will be useful for construction professionals dealing with extensions of time and delay claims, and for lawyers and others who are involved in the contentious side of the construction and engineering industries. Roger Gibson has over 40 years of planning & programming experience in the construction and engineering industries. During the latter part of his career his has received many appointments as an Expert in time-related disputes.

This popular guide provides an understanding of basic design criteria and calculations, along with current inspection and testing requirements and explains how to meet the requirements of the IET Wiring Regulations. The book explains in clear language those parts of the regulations that most need simplifying. There are common misconceptions regarding bonding, voltages, disconnection times and sizes of earthing conductors. This book clarifies the requirements and outlines the correct procedures to follow. This provides an affordable reference for all electrical contractors, technicians and other workers involved in designing and testing electrical installations. The content covers the requirements for both City & Guilds and EAL courses, and contains sample exam questions and answers. It also makes an ideal revision guide. Fully up to date with the 18th Edition of IET Wiring Regulations. Simplifies the advice found in the Wiring Regulations, explaining what they mean in actual working practice for design and testing. Expert advice from an engineering training consultant, supported with colour diagrams, examples and key data.

Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Bislang sind40 BAnde mitA1/4ber 2800 Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen. Der vorliegende Band 41 umfasst die Entscheidungen in Kirchensachen fA1/4r den Zeitraum 1.7.2002 bis 31.12.2002.

From the standpoint of practising engineers, architects and contractors, the law of contract is the most important one and, from preparation of technical documents to its execution and in the determination of disputes, the engineer or architect must have relevant knowledge. This book acts as a practical guide to building and engineering contracts. All points are explained with illustrations gathered from decided court cases. This book covers the substantive law of contract applicable to building and engineering contracts with updated noteworthy judgments. FIDIC conditions are mentioned at appropriate places with a global focus. Key Features: Guide for a full and thorough understanding of the contractual undertakings of the civil engineering industry, primarily in India Discusses specific conditions which are fertile sources of disputes, referring to and commenting upon the FIDIC conditions Covers internationally adopted standard form conditions of contract with analysis, discussions and interpretations, with decided court cases from India and abroad Focuses on technical civil engineering aspects Addresses cases from countries including UK, US, Canada, Australia, New Zealand and India