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. 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.

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

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.

Die neue Energieeinsparverordnung (EnEV 2009) fordert nun eine wesentlich verscharfte Umsetzung der EG Richtlinie uber die Gesamtenergieeffizienz von Gebauden. Zugleich ist auch das Energieeinsparungsgesetz (EnEG 2009) in Teilen ebenfalls erheblich geandert und das Erneuerbare-Energien-Warmegesetz (EEWarmegesetz) neu eingefuhrt worden. Auch die rechtliche Bewertung von Energieausweisen, insbesondere die daraus resultierende Haftung, gewinnt zunehmend an Bedeutung. Das Kompendium zum Energieausweis fuhrt Architekten, Ingenieure, Handwerker, Gerichte, Rechtsanwalte, Sachverstandige und alle, die sich mit dem Verkauf, der Vermietung, der Verwaltung und der Bewertung von Immobilien befassen, in das komplexe Thema ein, beleuchtet die technischen und rechtlichen Aspekte und liefert das notwendige Handwerkszeug zur Erstellung und Bewertung von Energieausweisen.

"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.

Your own in-house legal advisor at a fraction of the cost Written in plain-English for business people without any legal training, Law For Small Business For Dummies covers everything you need to be aware of regarding the law when you're starting and running your own business. Cutting through the jargon that can make even the pros scratch their heads, this book quickly gets you up-to-speed on the key areas of business law, including contracts, websites, intellectual property, data protection and partnership agreements. Plus, you'll find out how small business law applies to advertising and marketing, confidentiality agreements, the sale and supply of goods (including e-commerce), negligence and product liability. There were 526,000 new businesses registered in the UK in 2013 and, at some point, all of them will be faced with legal risks that could make the difference between success and failure. One claim could wipe out a fledgling business' profits, and hit even big businesses harder than they could ever imagine. If you're the owner of a new business and need to get a handle on the ins and outs of small business law and don't have the budget to employ an in-house legal advisor this trusted, approachable guide is your answer. * Covers the laws surrounding the most common risks small businesses face * Addresses how to deal with legal issues before a potentially costly dispute arises * Provides access to handy sample contract templates on Dummies.com * Serves as your own in-house legal advisor at a fraction of the cost If you're an existing business owner or an aspiring entrepreneur thinking about starting your own business, Law For Small Business For Dummies gives you answers to questions you didn't even know to ask!

[a oeRulings in Ecclesiastical Matters Since 1946a ]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 contract should be used for local and international procurement of goods under a single order or on a batch order basis and is for use with contracts which do not require sophisticated management techniques and impose only low risks on both the Purchaser and Supplier. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

The book analyses every aspect of the ease or otherwise of implementing the FIDIC Yellow Book Conditions of Contract. On a clause-by-clause basis, it highlights important structural features and suggests alternative text to avoid problems with the contract. Written in a user-friendly manner by an expert user of the FIDIC Suite of Contracts, who is a Member of the FIDIC President's List of Adjudicators, this book will be a vital reference point for contractors, lawyers, engineers, arbitrators and all others concerned with the FIDIC contracts.

Electrical Safety and the Law describes the hazards and risks from the use of electricity, explaining with the help of case studies and accident statistics the types of accidents that occur and how they can be prevented by the use of safe installations, equipment and working practices. It describes the British legislation on the safety of electrical systems and electrotechnical machinery control systems, much of which stems from European Directives and which will therefore be affected by the UK's decision to leave the EU (Brexit), and the main standards and guidance that can be used to secure compliance with the law. There are detailed descriptions covering the risks and preventive measures associated with electrical installations, construction sites, work near underground cables and overhead power lines, electrical equipment and installations in explosive atmospheres, electrical testing and electrotechnical control systems. Duty holders' responsibilities for designing, installing, and maintaining safe systems are explained, as well as their responsibilities for employing competent staff. The fifth edition has been substantially updated to take account of considerable changes to the law, standards and guidance; it has been expanded to include: a new chapter on the Corporate Manslaughter and Corporate Homicide Act; a new chapter describing landlords' legal responsibilities for electrical safety in private rented properties and social housing; a new chapter on the Electricity Safety Quality and Continuity Regulations; new information on offences, penalties, sentencing guidelines, and relevant case law; a description of the main requirements of BS 7671:2008 and other principal standards, many of which have been amended in recent years; new cases studies to illustrate the hazards and risks; information on changes to GB's health and safety system.

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.

Guide to JCT Intermediate Contract 2016, the new edition of Sarah Lupton's ever popular Guide to IC11, is a practical guide to the operation and administration of the JCT Intermediate Contract suite 2016. All of the contract's provisions, procedures and conditions are organised and explained by subject, clearly distinguishing the different obligations due to various parties and the contractual issues arising during the course of a job - all backed up by the latest legislation and case law. Changes to this new edition include: thorough explanation and analysis of the new JCT Intermediate Contract 2016 comprehensive update on legislative changes since 2011, such as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and CDM Regulations 2015 coverage of key case law developments, on issues such as the meaning residential occupier, choice of contract, access to site, concurrent delay, inspection, practical completion, certification, payment, termination and mediation objective commentary and comparison with relevant features of the new RIBA Building Contracts brand new content to improve coverage and overall value to the reader fresh new design. Not only is this an indispensable reference for the hard-pressed practitioner, but, assuming no prior knowledge of JCT contracts or the law, it is also ideal for architecture and other construction students on the threshold of undertaking their professional exams.

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

Die Arbeit untersucht die Einwirkung der Rechtsprechung des EuGH auf das Verfahrensrecht, das die mitgliedstaatlichen Gerichte bei der Anwendung des Gemeinschaftsrechts zu beachten haben. Sie sieht die Rechtsprechung auf ein ebenenubergreifendes System des Rechtsschutzes gegen Gemeinschafts- und mitgliedstaatliche Rechtsakte ausgerichtet. Dies wird anhand der tatsachlich festzustellenden Einwirkung der Rechtsprechung auf die Systembereiche Rechtswegeroffnung, vorlaufiger Rechtsschutz, Hauptsache sowie allgemeines Verfahrens- und Organisationsrecht belegt. Dabei zeigt sich, dass der Einwirkung bundische, demokratische und Leitprinzipien einer ebenenververklammernden Verfassung des Gemeinschaftsrechtsraums zugrunde liegen

As usage of the NEC family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Understanding the NEC4 ECC Contract uses plain English to lead the reader through the NEC4 Engineering and Construction Contract's key features. Chapters cover: The Contractor's main responsibilities the use of early warnings Contractor's design Tendering Quality management Payment Liabilities and insurance Termination Avoiding and resolving disputes and much more. Common problems experienced when using the Engineering and Construction Contract are signaled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC4 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC4 ECC.

Over the last 30 years, risks and costs associated with legal conflicts, compliance breaches, litigation, regulatory investigations, criminal prosecution, trials, and arbitration have increased exponentially in frequency and financial harm. Peter Kurer, former business lawyer, GC and chairman of UBS, and board member from various industries, presents his unique insight into the challenges of managing legal risk in a climate of globalization, corporate governance, and shifting political agendas. Legal & Compliance Risk: A Strategic Response to a Rising Threat for Global Business offers an overview of the global ascent of legal risk and outlines the ways in which companies have reacted to it. It presents the key processes that can be used to combat legal and compliance risk, including setting the proper strategy and risk governance on board level, organizing internal operations, allocation of work to internal and external legal and risk experts, developing effective internal reporting systems, using cutting-edge technology, and managing ethical conduct of employees as well as integrating these different processes within a business to build an effective business model for combating legal risk. Offering analytics, management tools, real-life examples, and practical advice in a user-friendly format, this is an accessible guide to managing legal risk for board members, senior managers, and professionals dealing with legal risk in and for global companies.

Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.

The behavior of managers-such as the rewards they obtain for poor performance, the role of boards of directors in monitoring managers, and the regulatory framework covering the corporate governance mechanisms that are put in place to ensure managers' accountability to shareholder and other stakeholders-has been the subject of extensive media and policy scrutiny in light of the financial crisis of the early 2000s. However, corporate governance covers a much broader set of issues, which requires detailed assessment as a central issue of concern to business and society.
Critiques of traditional governance research based on agency theory have noted its "under-contextualized" nature and its inability to compare accurately and explain the diversity of corporate governance arrangements across different institutional contexts. The Oxford Handbook of Corporate Governance aims at closing these theoretical and empirical gaps. It considers corporate governance issues at multiple levels of analysis-the individual manager, firms, institutions, industries, and nations-and presents international evidence to reflect the wide variety of perspectives. In analyzing the effects of corporate governance on performance, a variety of indicators are considered, such as accounting profit, economic profit, productivity growth, market share, proxies for environmental and social performance, such as diversity and other aspects of corporate social responsibility, and of course, share price effects. In addition to providing a high level review and analysis of the existing literature, each chapter develops an agenda for further research on a specific aspect of corporate governance.
This Handbook constitutes the definitive source of academic research on corporate governance, synthesizing studies from economics, strategy, international business, organizational behavior, entrepreneurship, business ethics, accounting, finance, and law.

Das Werk richtet sich an alle, die forschend, lehrend, lernend oder praktisch mit den rechtlichen und betriebswirtschaftlichen Bereichen des international Business zu tun haben. Aus dem Inhalt: Vertragsrecht und Vertragsgestaltung bei internationalen Kaufvertragen. Internationale Produkthaftung. Eigentumsvorbehalt im internationalen Handel. Internationale Schiedsgerichtsbarkeit. Gerichtliche Durchsetzung von Anspruchen. Zahlungsrisiken und Einflussfaktoren auf die Zahlungsbedingungen. Nichtdokumentare Zahlungsbedingungen und Instrumente - Auslandsuberweisungen, Auslandsscheks, Auslandswechsel, Bankakzepte. Zahlung und Zahlungssicherung mit Dokumenteninkassi (Documentary Collections). Zahlung und Zahlungssicherung mit Dokumentenakkreditiven (Documentary Credits). (Zahlungs-)Sicherung mit Bankgarantien - mit Mustertexten. Zahlungssicherung und Risikouberwalzung bei langfristigen Zahlungszielen - mit Exkurs zum Exportfactoring. Risikouberwalzung auf Ausfuhrkreditversicherungen bzw. auf den Bund (Hermes-Deckungen). Anhang: Incoterms 2000."

This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts.

* Uses a novel clause-by-clause approach to explain the important JCT 2005 contract

* Written by an experienced author, explaining in simple English the meaning and relevance of each clause to avoid common misunderstandings

* Includes up-to-date legal cases that explain the development and interpretation of the contract

The Joint Contracts Tribunal s suite of contracts (commonly known as JCT 2005) are the most commonly used in the UK to procure major building work. Understanding the contracts, and which to use, is vital knowledge for all students on construction-related HND or degree courses, but these clauses can contain convoluted language, leading to confusion. This easy-to-follow guide takes the reader through the JCT 2005 building contracts clause by clause, in an easy-to-follow format, in simple but effective language that eliminates misinterpretation.

Spilt into 3 sections, this book provides a summary of the current JCT Contracts, identifying which to use for what type of work, along with an analysis of their risk, liability, documentation, design responsibility and financial procedures, ensuring that JCT 2005 Building Contract: clause by clause is the vital, definitive reference for the aspiring construction professional.

Phil Griffiths is a lecturer at Nottingham Trent University with interests in contract administration, finance and project management. He graduated from Nottingham Trent Polytechnic in 1971 and worked as a quantity surveyor in local authority and a medium sized construction company. He also spent some time as a director of a small construction company and is a freelance estimator.