This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotion of competition, employment, social policy, and environmental protection. The author vividly elaborates on the in-built flexibility of the newly enacted rules and provides a codified analysis of their interpretation by the EU judiciary. Finally, considerable debate is dedicated to future dimensions of public procurement regulation in the form of public private partnerships and concessions.

Der sechste Band dokumentiert die Verfolgung von MfS-Straftaten. Gegenstand der Verfahren waren zum einen standardisierte Massnahmen des Ministeriums fur Staatssicherheit der DDR, wie das Abhoeren von Telefongesprachen, die Postkontrolle und die konspirative Wohnungsdurchsuchung. Dazu gehoert auch der Bruch der beruflichen Schweigepflicht durch AErzte und Rechtsanwalte, die dem MfS als inoffizielle Mitarbeiter zuarbeiteten. Zum anderen befasste sich die Strafjustiz mit Aktivitaten des MfS, die nach Art und Ausfuhrung eher den Charakter von Einzelfallmassnahmen hatten: Mordanschlage, Verschleppungen, Denunziationen von Fluchtvorhaben und regimekritischen Handlungen, unerlaubte Festnahmen, Repressalien gegen Ausreiseantragsteller, die Einwirkung auf psychiatrische Behandlungen sowie die Aufnahme von Angehoerigen der "Rote Armee Fraktion" in der DDR. Angeklagt waren neben hauptamtlichen und inoffiziellen Mitarbeitern des MfS auch Privatpersonen, die in MfS-Aktionen verstrickt waren. Die Dokumentation zeigt die umfassende Durchdringung aller Lebensbereiche der DDR-Gesellschaft durch das MfS. Zugleich werden die besonderen rechtlichen und tatsachlichen Schwierigkeiten deutlich, vor die sich die Strafjustiz bei der Aufarbeitung dieser Deliktsgruppe gestellt sah.

In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.

Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

[Withdrawal from the Organized Capital Market (Delisting). A simultaneous investigation into investor protection under capital market law in relation to shareholder protection under corporate law based on the interpretation of Section 38 IV German Securities Act (Boersengesetz)] Voluntary withdrawal from the organized capital market (delisting) is the subject of intense discussion. The discussion is primarily rooted in the Macrotron decision of the German Federal Supreme Court, the importance of which extends far beyond that case. Based on his experience gained in his corporate law practice and his work for an exchange regulatory authority, the author develops approaches for interpreting and solving the dogmatic and practical problems raised by this decision, by already taking into account the German Corporate Integrity and Modernization of Investor Protection Act (Gesetz zur Unternehmensintegritat und Modernisierung des Anfechtungsrechts - UMAG) and the Capital Investor Representative Proceedings Act (Kapitalanleger-Musterverfahrensgesetz - KapMuG). The author thus places delisting in the context of the European competition between the exchanges or between exchange and non-exchange securities markets while giving consideration to current developments in European capital market law and the treatment of delisting in other countries. The core of the article is coping with the juxtaposition of corporate and capital market regulations as well as remedies from an overarching view of exchange, takeover, and corporate law. The author develops a concept for handling this problem, which, beyond delisting, can enrich the understanding of the relationship between corporate and capital market law. The results of this reflection, as well as considerations of constitutional doctrine, thus give cause to critically question the Federal Supreme Court's Macrotron decision.

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.

Der fA1/4nfte Band dokumentiert in zwei TeilbAnden die Strafverfahren wegen Rechtsbeugung durch die DDR-Justiz. Die Anklagen gegen ehemalige Richter und StaatsanwAlte der DDR betrafen zumeist ihre Mitwirkung an der politischen Strafjustiz. Hier liegt auch der Schwerpunkt der Dokumentation. Besondere Bedeutung kommt den Strafverfahren im Zusammenhang mit den Waldheimer Prozessen und der "Aktion Rose" sowie dem "Havemann-Verfahren" zu. Daneben werden Rechtsbeugungsverfahren wegen arbeits- oder zivilrechtlicher Entscheidungen der DDR-Justiz wiedergegeben. Die abgedruckten Justizdokumente verschaffen einen Einblick in die rechtlichen Probleme der Strafverfolgung von Justizunrecht und geben zeithistorisch darA1/4ber Aufschluss, welche Rolle der gesteuerten Justiz bei der UnterdrA1/4ckung unangepassten und oppositionellen Verhaltens in den verschiedenen Entwicklungsphasen der DDR zukam.

Why are women so dramatically underrepresented in formal leadership positions-and what can be done to improve the situation? This unique collection takes up these questions in the crucial practical concepts of law, politics, and business-the arenas in which women's leadership has the most public influence. Bridging the worlds of theory and practice, the essays in this collection bring new insights to long-standing questions about the difference gender difference makes, both in access to leadership and in its exercise. The contributors to this collection represent some of the nation's most distinguished women leaders and most respected scholars on women and leadership, and reflect a distinctive array of perspectives and backgrounds. Among others, they include former Congresswoman Patricia Schroeder; former NOW president Patricia Ireland; the Right Honorable Kim Campbell, former prime minister of Canada; and Judith Resnik, the Arthur Liman Professor of Law, Yale Law School. Written in accessible, lively prose, and informed by a wealth of scholarship and personal experience, this collection should appeal to a broad audience.

How referendums can diffuse populist tensions by putting power back into the hands of the people Propelled by the belief that government has slipped out of the hands of ordinary citizens, a surging wave of populism is destabilizing democracies around the world. As John Matsusaka reveals in Let the People Rule, this belief is based in fact. Over the past century, while democratic governments have become more efficient, they have also become more disconnected from the people they purport to represent. The solution Matsusaka advances is familiar but surprisingly underused: direct democracy, in the form of referendums. While this might seem like a dangerous idea post-Brexit, there is a great deal of evidence that, with careful design and thoughtful implementation, referendums can help bridge the growing gulf between the government and the people. Drawing on examples from around the world, Matsusaka shows how direct democracy can bring policies back in line with the will of the people (and provide other benefits, like curbing corruption). Taking lessons from failed processes like Brexit, he also describes what issues are best suited to referendums and how they should be designed, and he tackles questions that have long vexed direct democracy: can voters be trusted to choose reasonable policies, and can minority rights survive majority decisions? The result is one of the most comprehensive examinations of direct democracy to date-coupled with concrete, nonpartisan proposals for how countries can make the most of the powerful tools that referendums offer. With a crisis of representation hobbling democracies across the globe, Let the People Rule offers important new ideas about the crucial role the referendum can play in the future of government.

The fifth volume documents the criminal procedures concerning the perversion of justice through the GDR law in two volumes. The charges against former judges and public prosecutors of the GDR mostly pertained to their participation in the political criminal justice. The emphasis of the documentation also lies here. Criminal procedure inheres specific meaning in connection with the Waldheim trials and the a oeAktion Rosea [a oeOperation Rosea ] as well as the a oeHavemann triala . In addition perversion of justice processes concerning labor and civil law rulings of the GDR law are described. The printed law documents provide an insight into the legal problems of the criminal prosecution from legal injustice and gives historical insights on this, whose role inhered controlled justice with the oppression of non-conformist and oppositional behavior in the different development phases of the GDR.

This guide comes from South Africa's foremost experts on Emotional Intelligence, the result of numerous requests from parents, teachers and youth councillors. The title is has activities for use by teachers and parents to help children – from toddlers to teens – develop their EQ. The 68 age-appropriate activities make use of everyday resources and show just how easy it can be to teach EQ. The activities are designed to help children identify and verbalise their feelings, leading to effective communication and the experience of being in charge rather than at the mercy of their feelings. Children learn to take risks, to accept setbacks as part of life, to learn from their experiences and above all to love being themselves. Children who have been taught the skills of EQ become more motivated, resilient and compassionate. It also enhances self-control and the peaceful resolution of conflicts.

This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan. Digital formats The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
The book asks the question: What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Civil justice is here interpreted to mean not only codified law but also actual legal practice. Since the consequences of court actions frequently differed from the code's intent, this book also addresses the question of how legal practice mediated between code and custom. It aims to track the developing history of the legal system and to discover what it meant in the lives of the Chinese people.
Part One covers the revising of the Qing code and the drafting of new codes, especially the Civil Code of 1929-30, the major institutional changes that preceded the promulgation of new laws, and the organizing principles of those laws. Part Two, the main body of the text, uses case records from both the Qing and the Republic to examine certain topics that engendered frequent litigation: conditional sales of land, topsoil ownership, debt, old-age support, and women's choices in marriage, divorce, and illicit sex.
The book demonstrates the contrasting logics of Qing and Republican law: of privileges granted by the absolutist ruler versus rights independent of the will of the ruler, of a survival ethic versus a capitalist one, of patrifamilial property versus individual property, of reciprocal parent-child support versus unidirectional support, and of partial and limited choice for women versus independent agency. The book shows, however, that in actual practice the new legal systems made many accommodations to traditional customs, thus making major concessions to social realities while still holding to radically different principles.
The author demonstrates the inadequacies of a simple contrast between the Chinese legal tradition and modernity, or between China and the West. He argues instead for paying attention to the local knowledge of modernization and to the logics not only of the codes but also of customs and court actions. He shows, finally, the importance of both systemic structure and individual choice for this social and cultural study of Chinese law.

During the Battle of the Bulge, Waffen SS soldiers shot 84 American prisoners near the Belgian town of Malmedy-the deadliest mass execution of U.S. soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre-and the decade-long controversy that followed-to set the record straight. After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators-some of them Jewish emigres-had coerced false confessions and that heat of battle conditions, rather than superiors' orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution's true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957. The Malmedy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS's brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war's most infamous crimes through a systematic campaign of fabrications and distortions.

This book argues that the Mongol invasion of China in the thirteenth century precipitated a lasting transformation of marriage and property laws that deprived women of their property rights and reduced their legal and economic autonomy. It describes how indigenous social change combined with foreign invasion and cultural confrontation to bring laws more into line with the goals of the radical Confucian philosophers, who wished to curtail women's financial and personal autonomy. This book provides a reevaluation of the Mongol invasion and its influence on Chinese law and society, and presents a new look at the changing position of women in premodern China.

This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of TA1/4bingen. The contributors include many of the leading authorities in the burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest

Why does Monkey fear Leopard? Why does the Reed Warbler babble? How did Jabulani outwit the Lion? These and other intriguing questions are answered in When Bat was a Bird.

Twenty-four fresh and exciting stories feature memorable creatures both real and magical. In his latest collection, author Nick Greaves draws once more from the lore, mythology and history of various southern African tribes to relate a new collection of tales that is bound to become a firm favourite along with the highly successful When Hippo was Hairy, When Lion Could Fly, and When Elephant was King.

A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system—if implemented by legislation in the United States—would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.