Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.

Broker-Dealer Compliance is a concise yet comprehensive guide that reviews the state of broker-dealer compliance, both from general and practical perspectives. While the book has a practical focus, it also makes use of legal scholarship and behavioral and organizational literature on compliance that have grown exponentially in recent years. James Fanto discusses the main, well-established elements and practices in a broker-dealer compliance program and illustrates them with case studies and practical examples drawn from real-life situations to demonstrate the goals of a particular program element and problems in its implementation. Moreover, each chapter highlights the pressures on compliance officers and the trends that collectively may transform compliance practice in a particular area. Professionals in broker-dealer and investment firm compliance practice will find this book a readable introduction to the field. Experienced practitioners can refresh their knowledge and even learn something new about brokerage compliance program elements and practices.

This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world. The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.

The Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.

Today's changed education landscape demands leaders who will provide society with capable South Africans who are able to fulfil their life-roles as citizens and as productive, well-adjusted human beings. An educator's guide to school management skills aims at providing education leaders and managers with practical, school-based directives. This title focuses on four particularly relevant aspects in our schools today: How to develop excellence in schools; leadership and management skills; motivational skills; current school management issues (i.e. effective teaching personnel; management of information and time; school's finances; managing of the instructional programme; community involvement; legal aspects of employment; and gender equity).

The American dream of equal opportunity is in peril. America's economic inequality is shocking, poverty threatens to become a heritable condition, and our healthcare system is crumbling despite ever increasing costs. In this thought-provoking book, Edward D. Kleinbard demonstrates how the failure to acknowledge the force of brute luck in our material lives exacerbates these crises — leading to warped policy choices that impede genuine equality of opportunity for many Americans. What's Luck Got to Do with It? combines insights from economics, philosophy, and social psychology to argue for government's proper role in addressing the inequity of brute luck. Kleinbard shows how well-designed public investment can blunt the worst effects of existential bad luck that private insurance cannot reach and mitigate inequality by sharing the costs across the entire risk pool, which is to say, all of us. The benefits, as Kleinbard shares in a wealth of data, are economic as well as social — a more inclusive economy, higher national income, and greater life satisfaction for millions of Americans. Like it or not, our lives and opportunities are determined largely by luck. Kleinbard shows that while we can't undo every instance of misfortune, we can offer a path to not just a fairer America, but greater economic growth, more broadly shared.

The economic impact of intellectual property rights has been the subject of considerable debate and research. This engaging research review discusses literature by distinguished scholars who have addressed, from different perspectives and in different contexts, how such rights help to shape goods and technology markets. The economic effects of intellectual property vary depending on the sectors involved, the level of development of the countries where they apply, and the policies implemented to govern their recognition and enforcement. Written by an expert in the field, this review is essential reading for academics, students, professionals and policy makers interested in understanding the role of intellectual property in national economies as well as in an international dimension.

Institutional Credit Markets provides a framework for understanding the institutional funding markets that undergird the U.S. credit system. It traces the evolution of the depository bank model, its non-bank competitors, and the financial conglomerates that span credit and capital markets. As securitization introduced structured credit products that rezoned credit markets, federal reforms let banks venture into a wider range of financial services. After the Global Financial Crisis revealed cracks in the system, lawmakers affirmed pre-crisis products and business models while adding some guardrails. The post-crisis scheme subjected large financial conglomerates to enhanced supervision while adjusting the structure of banks by making them more liquid and stable. Through its stabilization activities, the Federal Reserve has morphed from bank regulator to arbiter of financial market structure, now using a more statist approach to monetary policy that relies to a greater extent on administered interest rates rather than those set by the market forces. This book explains post-crisis regulation in terms of its capitulation to financial capitalism. Financial law regulators and academics will benefit from this integrated account that considers banking, structured finance, capital markets, and money markets as parts of an institutional funding ecosystem. This book will also provide a more nuanced understanding of financial institutions and markets for financial law practitioners, sector analysts and journalists.

This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: • a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure • specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States • guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.

Hierdie gids bied die besoeker of belangstellende die geleentheid om al die plekke in Pretoria en omgewing wat op die een of ander wyse 'n verbintenis met die Anglo-Boereoorlog gehad het, te besoek. 'n Kort agtergrondskets word oor elke plek en die betrokke historiese figure gegee. Plekke wat naby mekaar le, is in afdelings saamgegroepeer. Tesame met die kaarte en kleurfoto's behoort dit maklik te wees om enige besondere plek te vind.

Wikus Lombaard is 'n nice ou. Hy is kaptein van die eerste rugbyspan en met sy dodelike skopskoen het hy sy span al meermale uit die verknorsing gered. En sy meisie, Marissa, is die mooiste in die skool. En al sukkel Wikus nou so 'n bietjie met die wiskunde, is dit ook nie die ergste nie. Met Marissa by hom en die rugby wat voorle, is dinge doodreg – hy weet mos immers waaroor dit gaan in die lewe, veral noudat hy in die vakansie met sy suster se vriendin gevry het – behoorlik gevry. All-the-way. Maar in hierdie laaste skooljaar van hom, kort voor sy deelname aan die Cravenweek, loop dinge skeef. Lelik skeef. Vir die eerste keer ontdek Wikus dat die lewe ook reels het. En dat dit nie net in rugby is dat 'n ou van die veld afgejaag kan word nie.

Municipal government institutions are much closer to the people of the nation than the central and provincial legislatures and governments can ever hope to be. It is therefore essential that all citizens be fully informed about municipal governmental processes and administration. The constitutional revolution in South Africa after 1990 brought about fundamental transformation of local government. Training and educating municipal councillors and officials to meet the needs of the new dispensation were demanding tasks. These persons require well-informed citizens to succeed in their functions. This title is suitable for the development of informed citizens as well as efficient councillors and officials, and is also suitable for university and technikon students.

This work investigates the 'Janus face' of international relations, refracted through the prism of the duality of Jan Christian Smuts, as it manifested in his contribution to the League of Nations and his struggle against the emerging peace treaty. A predominant characteristic of international relations is its requirement to face two different ways at the same time - its Janus face. States profess their adherence to lofty ideals for humanity alongside the pursuit of their own immediate self-interest. This phenomenon in the behaviour of states has been referred to as the distance between vision and reality, and the gap between rhetoric and reality. International relations is, and is likely to remain, suspended between these two extremes: on the one hand, the pursuit of utopian ideals for the world, and, on the other, a defence of narrow self-interest, often prompted by the dictates of the realpolitik of the moment. How, then, are the values that underlie the founding of the first cornerstone of the current international order - the League of Nations - to be understood? An under-explored case study in understanding the complex framework of international relations is that of the visionary and controversial South African, Jan Christian Smuts (1870-1950). On the one hand, Smuts was one of the principal authors of the Covenant of the League of Nations, and the person directly responsible for the recognition of human rights as a founding value of the Charter of the United Nations. On the other, the Premier of racially segregated South Africa.

Responding to the growing importance of economic reasoning in legal scholarship, this innovative work provides an essential introduction to the economic tools which can usefully be employed in legal reasoning. It is geared specifically towards those without a great deal of exposure to economic thinking and provides law students, legal scholars and practitioners with a practical toolbox to shape their writing, understanding and case preparation. The book's clear focus on economic methods poses a refreshing change to conventional textbooks in this area, which tend to focus on content-related theories. Recognizing that it is often difficult to derive adequate conclusions for legal arguments without first understanding the methodological limitations of economic studies, this book provides a comprehensive coverage of the most important economic concepts in order to bridge this gap. These include: game theory public choice and social choice theory behavioural economics empirical research design basic statistics Owing to its concise and accessible style, Economic Methods for Lawyers will provide an invaluable companion for legal scholars or practitioners who wish to utilise economic methods for developing legal argument. Contributor include: M. Englerth, S. J. Goerg, S. Magen, A. Morell, N. Petersen, K.U. Schmolke, E.V. Towfigh

Principles of Delict serves as a practical first port of call to the South African law of delict.

The Fourth Edition surveys cases since 2005, presents a comprehensive overview of developments in the law and illustrates how the Constitutional Court and the Supreme Court of Appeal, especially, have shaped traditional principles to coincide with modern human rights values.

It follows the LAWSA format of focusing primarily on case law and extracting therefrom general principles that may guide those who advise on and apply the law of delict.

In the United States, elite colleges and universities have largely been reserved for wealthy, predominantly white Americans, closing off access for students of colour. Statutory laws have embedded discriminatory tactics into the admissions process, resulting in students of colour remaining underrepresented at top-tier universities. Discriminatory practices mandate the need for institutions to prioritize diversity through affirmative action. If legal battles against affirmative action create bans on the policy, many colleges and universities will remain predominantly white institutions. This book takes an historical look at the pivotal role affirmative action has played in higher education. It examines the admissions process through the eyes of a beneficiary of affirmative action and is the first text to share insights on the role eligibility plays in allowing universities to consider race in admitting applicants. Detailed are the different types of affirmative action and how some colleges and universities use the policy as a tool to consider race and ethnicity as part of a holistic evaluation of applicants. This work makes the case that race-conscious admissions practices remain necessary in the fight for racial equity in higher education.

South Africa's first non-racial local government elections took place in 1995 and 1996, effectively bringing down the curtain on the municipal apartheid which had devided cities and towns since 1923. This study gives a general overview of the constitutional and legislative procedures involved in the democratisation process from 1994 and focuses on the important and controversial role played by boundary demarcation. Detailed case studies analyse the demarcation process in three major metropolitan areas: Cape Town, Johannesburg and Durban. The title debates the extent to which political motives outweighed technical considerations, and offers guidelines for future demarcation criteria.

Citizen participation has developed into an ideology rather than a practical mechanism to promote participation by citizens and to improve local governance. This comprehensive publication substantiates the concept as a phenomenon in the discipline of public administration and development. The relevance of this book is enhanced by its content which forms an information base reaching beyond the traditional target group of academics and practitioners.