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This book articulates and explores the realities of contemporary international anti-corruption law. As corruption has increasingly become a major topic in international affairs, Liu analyzes the global collaboration against transnational bribery. As China's economic reforms are increasingly articulated in a language of law, governmentality, and anti-corruption, it is essential that scholars, policymakers and legal theorists around the world understand the issues at stake. In this elegant text, Liu lays out the issues clearly, establishes methodologies for analysis, and provides policy proposals for the years to come.
Learning Sales provides comprehensive treatment of UCC Article 2 while employing strategies designed to help students both learn the course material and develop the skill of reading and understanding statutes. The book also includes coverage of Article 2A and the CISG, which may be taught as separate units or in comparative fashion. The subject matter is presented in 27 assignments, each with targeted ""reading the code"" questions to help students master the statutory text, examples of how courts apply the Code, and numerous problems for students to test their understanding and skill. Learning Sales is both a new volume in the Learning series and an extensive update and revision of the popular Chomsky & Kunz, Sale of Goods: Reading and Applying the Code (2d ed.). As in the previous volume, the book invites students to learn the UCC by actively reading and analyzing the language of Article 2 themselves, rather than relying more passively on what others (judges and commentators) have said about the Code. Judicial opinions appear only where they are most pedagogically appropriate and are edited to target salient points. Each opinion excerpt is preceded by questions about the case to help students be more focused in their reading and class preparation. Students enjoy the focus on problem-solving and can see their skill at reading and interpreting the Code improve as they engage with the examples and problems. Consistent with the rest of the Learning series, the book draws further upon current learning theory and practice by articulating key concepts for each section and specific learning outcomes for each assignment. The authors of the original book (Carol Chomsky and Christina Kunz) have been joined by Jennifer Martin, who writes the annual survey of sales cases in the Business Lawyer, and Elizabeth Schiltz, an experienced teacher of Sales, Contracts, and Payment Systems. The Teachers' Manual includes answers to all questions and problems posed in the book and includes additional information to help instructors use the book most effectively.
Once the design has been completed, the architects prepare the tender documents for the contractors, and provide support during the tender procedure. For the purpose of commissioning various building works it is necessary to set up building contracts which contain standard content as well as very individual provisions. The building contract and its extensive drawings and specifications are the basis for the building work; they must be understood by the supervising architect and implemented to create the building. The complexity and diversity of building contracts is increased by the fact that there is hardly a building contract that does not have to be modified after it has been signed. Basics Building Contract offers the typical structures and explanations, as well as the tools for creating project-specific contracts and understanding the inherent complexity.
Written by the Reporters who drafted UCC Article 9 and its Official Comments, this casebook focuses on real-life problems and transactions. The Problems focus the students' attention on the relevant statutory language and its application to common patterns of secured financing. They emphasize counseling, planning, drafting, and litigation skills. Many of the Problems are based upon two Prototype transactions that feature actual transaction documents. One Prototype provides the foundation for a discussion of basic Article 9 concepts. The other forms the basis for financing secured by receivables and other intangible property and inventory. The extensive Notes help students understand what Article 9's provisions are designed to accomplish and how they fit together, while encouraging students to evaluate the choices made by the drafters. The Sixth Edition fully integrates the 2010 amendments and reflects recent developments in the case law, including the Motors Liquidation and Duckworth opinions dealing with the sometimes drastic consequences of mistakes made by secured parties.
Small and medium-sized enterprises (SMEs) account for more than 90 per cent of all businesses in the Asia-Pacific region - an area which is rapidly updating its competition laws and regulations to encourage greater enterpreneurship and open, dynamic economies. Yet SMEs are almost invisible when those competition policies and laws are developed and enforced. SMEs are often quite different businesses than large, multinational corporation, but their nature, significance and characteristics are often overlooked. This book seeks to rectify the relative neglect in research and policy discussions on the role of the SME sector in competition policy and law. Drawing on contributions from a wide range of competition regulators, lawyers, academics, consultants and advisers to the SME sector, it addresses such important issues as: - perceptions and views of small businesses about competition law; regulator engagement and education of the SME sector; - the link between competition law and economic growth; - franchising, SMEs and competition law; issues in enforcing competition law against SMEs; - the role of Chinese family firms; - trade, professional and industry associations; - country case studies from Vietnam, Singapore, Indonesia, Malaysia, China, South Korea, Hong Kong SAR, Japan and the Pacific Islands.
This study aid provides detailed explanation of the cases in the Business Associations casebook by Klein. The discussion of each case provides the facts of the case, issues, holdings, and the court's reasoning. This title includes cases that pertain to business associations, partnerships, nature of the corporation, the limited liability company, the duties of officers, directors, and other insiders, problems of control, mergers, acquisitions, and takeovers, and corporate debt.
The topic, "Northern Sea Route" has become a highly relevant point on the strategic radar screen of many business and military leaders, since global climate change now opens up a hitherto impassable sea route and positions it as a strategic alternative to the Suez route. Add to this the discovery of many easily extractable commodities and metals in the arctic area. For entrepreneurs, this setting offers new opportunities and risks; for academics, a new research context emerges. The book discusses the strategic, economic, logistic, judicial and military challenges of the future great game in the arctic sea.
Bauman's High Court Case Summaries on Corporations contains well-prepared briefs for each major case in this casebook. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core "take away" knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader's recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.
This book chronicles how contract cases from the construction industry have influenced, solidified, refined and particularized U.S. contract law. The book's central claim is that the construction industry experience has helped to contextualize U.S. contract law and, therefore, has encouraged the common law to be more receptive to flexible legal standards and practices and less constrained by the relatively rigid rules that often characterize contract law. Other scholarly books analyze the themes, values, standards, and principles of contemporary contract law, but none captures how construction industry relationships and practices have influenced the common law of contracts. After providing an overview of construction law as a specialty of the practicing bar and as a field for scholarly inquiry, this book examines the construction industry cases that have most directly influenced contract law. It reviews how industry dispute patterns have caused courts to refine contract law principles or to adapt and modify other principles. Separate chapters explain the special roles that cases in the U.S. Supreme Court and in the lower federal courts have played in defining and distinguishing contract law in the construction industry. The final chapters assess implications the construction industry cases hold for contract theory writ large, and for the future of contract law. This book is essential reading for legal scholars, construction law and contract law specialists, and those interested in how the construction industry has helped shape the U.S. legal system.
What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.
This book responds to the current intriguing questions concerning the impact of the choice of law rules on the free movement of companies by analysing the most recent ECJ decisions, EU legislature and doctrine. It addresses vigorous discussions and a multitude of legal issues concerning European company law, comparative law and private international law in way that is useful both for the legal practitioners and academics. The author studies in great detail the ECJ's attitude towards the different connecting factors in private international law. This analysis is developed through a functional presentation of the case law concerning the distinction between the transfer of the real seat on the one hand and the registered office on the other. This method emphasises the consistent approach of the ECJ as well as ensures a clear functional analysis of both immigration and emigration of companies. In view of this background, the existing harmonisation measures as well as the planned directives and regulations (the company law directives and supranational company forms like the European Company and the planned European Private Company) are also outlined. The author furthermore advocates an active harmonisation process. Apart from the European level, the legal doctrines from several Member States are discussed as well. All this provides a wide and up-to-date picture of current European company law and how it is shaped by private international law. About the book 'Ms Myszke's book rests upon a close analysis of pertinent sources and sheds light on the many issues concerning the relationship between a company's right of establishment and conflict of laws. The thesis developed by Ms Myszke will certainly inspire and convince readers, thanks to her systematic approach, the detailed examination of cases, legislation and doctrine and the elaboration of sound and creative points of view.' Prof. dr. Johan Meeusen, Full Professor of European Union Law and Private International Law, University of Antwerp (Belgium)
This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts' decisions in relation to the WTO agreements, which have "direct effect" in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts' enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions' experiences and argues that the traditional academic literature that fosters domestic courts' enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.
Knowledge of business laws is very important for the survival and growth of any organisation. This comprehensive and well-written book provides a sound understanding of the fundamentals of business laws. The book presents a thorough discussion of various legal topics such as contract laws, corporate laws, labour legislations, taxation laws and the related acts including the Sale of Goods Act, 1930, the Negotiable Instruments Act, 1881, the Consumer Protection Act, 1986, the Insurance Act, 1938, the Limited Liability Partnership Act, 2008, the Companies Act, 1956, the Foreign Exchange Management Act, 1999, the Information Technology Act, 2000, the Environment Protection Act, 1986, and other important acts. The subject has been made more interesting and authentic by the inclusion of many practical examples and studies of different law cases. In addition, the book provides Review Questions at the end of each chapter. Mind maps have also been provided in most of the chapters to give readers a brief idea about the concepts discussed. In the Second Edition, new acts such as Right to Information Act and Right to Education Act have been added. More practical exercises in the form of case studies have been added in the questions section. Formats of a number of documents have also been included in this edition. The book is primarily designed for undergraduate and postgraduate students of management and other related courses to Business Law. Professionals and legal practitioners will also find the book very useful.
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