Changing Borders in Europe focuses on the territorial dimension of the European Union. It examines the transformation of state sovereignty within the EU, the emergence of varied self-determination claims, and the existence of a tailor-made architecture of functional borders, established by multiple agreements. This book helps to understand how self-determination pressures within the EU are creating growing concerns about member states' identity, redefining multi-level government in the European space. It addresses several questions regarding two transformative processes - blurring of EU borders and state sovereignty shifts - and their interrelations from different disciplinary perspectives such as political science, law, political economy and sociology. In addition, it explores how the variable geographies of European borders may affect the issue of national self-determination in Europe, opening spaces for potential accommodations that could be compatible with existing states and legal frameworks. This book will be of key interest for scholars, students and practitioners of EU politics, public administration, political theory, federalism and more broadly of European studies, international law, ethnic studies, political economy and the wider social sciences.

Wounded soldiers, injured workers, handicapped adults, and physically impaired children have all been affected by legislation that reduces their opportunities to live a functional life. In Disability as a Social Construct, Claire Liachowitz contends that disability is not merely a result of a handicap but can be imposed by society through devaluation and segregation of people who deviate from physical norms. She analyzes pertinent American legislation, primarily from 1770 to 1920, to provide a new perspective on the mechanisms that translate physical defects into social and civil inferiority.

Der Band 2 der Schriftenreihe "Frankfurter betriebswirtschaftliches Forum" enthalt weitere Vortrage zum neuen Bilanzrecht, die an der Universitat Frankfurt a. M. gehal- ten wurden. Gegenstand der Vortrage ist das Verhaltnis von Handels-und Steuerbi- lanz; insofern wird die Thematik des Band 1 "Einzelabschlul3 und Konzernabschlul3" fortgefiihrt und abgerundet. Das Interesse an den Veranstaltungen war wiederum sehr breit, was Wunder, sprachen doch Heinrich Beisse, Herbert Biener, Hermann Clemm, Manfred Grah, Rudolf J. Niehus, Hans Reintges, Arndt Raupach, Viktor Sarrazin, Manfred Sarx, Adalbert Uelner, Lothar Woerner. Finanzielle Zuwendungen der Wilhelm-Merton-Stiftung haben die Fortfiihrung der Veranstaltungsreihe ermoglicht. Hierfiir danken wir ebenso wie fi.ir die prafessionelle Arbeit des Betriebswirtschaftlichen Verlages Dr. Th. Gabler GmbH. WINFRIED MELLWIG ADOLF MOXTER DIETER ORDELHEIDE 5 Inhaltsverzeichnis Die Generalnorm des neuen Bilanzrechts und ihre steuerrechtliche Bedeutung Von Prof. Dr. h. c. Heinrich Beisse Vorsitzender Richter am Bundesfinanzhof I. Einleitung ......................... . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . II. GoB-Generalnorm und "true and fair view" . . . . . . . . . . . . . . . . . 15 . . . . . . 1. Konzeption des Gesetzgebers. . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . 2. "True and fair view" - eine bilanzrechtliche Generalklausel? . . . . . . 17 3. Folgen einer solchen bilanzrechtlichen Generalklausel . . . . . . . . . . 18 . . III. Die Generalnorm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . 1. Pramissen.................................................. 19 2. Auslegung des 264 Abs. 2 HGB ............................. 21 3. Reduktion des "true and fair view" . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . IV. Richtlinienkonformitat ......................................... 23 1. Fortwirkende Bedeutung der EG-Bilanzrichtlinie. . . . . . . . . . . . . . 23 . . . 2. Die Generalklausel der Richtlinie . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . 3. Korrekte Umsetzung der Richtlinie ............................ 26 V. Steuerrechtliche Bedeutung der Generalnorm . . . . . . . . . . . . . . . . . 27 . . . . . 1. Kontinuitat, Einheitlichkeit und Rechtssicherheit ................ 27 2. Weichenstellung: MaBgeblichkeitsgrundsatz . . . . . . . . . . . . . . . . 28 . . . . . 3. Steuerneutralitat des Bilanzrichtlinien-Gesetzes . . . . . . . . . . . . . . 29 . . . .

Now in its third edition, Mustill & Boyd: Commercial Arbitration, remains the classic, standard work on its subject. Extensively updated since the previous edition, this essential work provides an in-depth guide to the Arbitration Act 1996 and the practice resulting from it. The new edition also includes expert consideration of the latest case law, coverage of new themes and the latest concepts in arbitration. Combining expert commentary on the origins, essence and characteristics of the Arbitration Act 1996 with practical guidance on the application of the Act in court, this work is still truly indispensable.

The complete guide to EU competition law, combining key primary sources with expert author commentary. The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author team Selling Points— · Full, definitive coverage of every aspect of EU competition law - the complete guide to the subject · Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced author team · 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively · Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and reading New to this edition— · Full analysis of important developments in competition law and policy since 2019, including relevant case-law, new EU legislation and notices and competition law goals; · A comprehensive discussion of the evolving law and policy governing market definition and vertical, horizontal cooperation and sustainability agreements; · A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.

In this book, Seumas Miller develops distinctive philosophical analyses of corruption, collective responsibility and integrity systems, and applies them to cases in both the public and the private sectors. Using numerous well-known examples of institutional corruption, he explores a variety of actual and potential anti-corruption measures. The result is a wide-ranging, theoretically sophisticated and empirically informed work on institutional corruption and how to combat it. Part I defines the key concepts of corruption, power, collective responsibility, bribery, abuse of authority and nepotism; Part II discusses anti-corruption and integrity systems, corruption investigations and whistle-blowing; and Part III focuses on corruption and anti-corruption in specific institutional settings, namely policing, finance, business and government. Integrating theory with practical approaches, this book will be important for those interested in the philosophy and ethics of corruption as well as for those who work to combat it.

In the last few years there has been a great revival of interest in culture-bound psychiatric syndromes. A spate of new papers has been published on well known and less familiar syndromes, and there have been a number of attempts to put some order into the field of inquiry. In a review of the literature on culture-bound syndromes up to 1969 Yap made certain suggestions for organizing thinking about them which for the most part have not received general acceptance (see Carr, this volume, p. 199). Through the seventies new descriptive and conceptual work was scarce, but in the last few years books and papers discussing the field were authored or edited by Tseng and McDermott (1981), AI-Issa (1982), Friedman and Faguet (1982) and Murphy (1982). In 1983 Favazza summarized his understanding of the state of current thinking for the fourth edition of the Comprehensive Textbook of Psychiatry, and a symposium on culture-bound syndromes was organized by Kenny for the Eighth International Congress of Anthropology and Ethnology. The strong est impression to emerge from all this recent work is that there is no substantive consensus, and that the very concept, "culture-bound syndrome" could well use some serious reconsideration. As the role of culture-specific beliefs and prac tices in all affliction has come to be increasingly recognized it has become less and less clear what sets the culture-bound syndromes apart."

In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)'s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal "democratic" political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation's future.

Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here."

In October 2019, unprecedented mobilizations in Chile took the world by surprise. An outburst of protests plunged a stable democracy into the deepest social and political crisis since its dictatorship in the 1980s. Although the protests involved a myriad of organizations, the organizational capabilities provided by underprivileged urban dwellers proved essential in sustaining collective action in an increasingly repressive environment. Based on a comparative ethnography and over six years of fieldwork, Mobilizing at the Urban Margins uses the case of Chile to study how social mobilization endures in marginalized urban contexts, allowing activists to engage in large-scale democratizing processes. The book investigates why and how some urban communities succumb to exclusion, while others react by resurrecting collective action to challenge unequal regimes of citizenship. Rich and insightful, the book develops the novel analytical framework of 'mobilizational citizenship' to explain this self-produced form of political incorporation in the urban margins.

All the cases you need, together with the tools to understand them. This contract casebook presents all the leading cases, supplemented by succinct author commentary and thought-provoking questions to deepen understanding. Poole's Casebook on Contract Law takes a uniquely supportive approach to give students the confidence to engage with and analyse judgments. Digital formats and resources: The sixteenth 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, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompanies this text, including: - Exercises and guidance on reading cases

This fast-paced action novel is set in a future where the world has been almost destroyed. Like the award-winning novel Freak the Mighty, this is Philbrick at his very best.
It's the story of an epileptic teenager nicknamed Spaz, who begins the heroic fight to bring human intelligence back to the planet. In a world where most people are plugged into brain-drain entertainment systems, Spaz is the rare human being who can see life as it really is. When he meets an old man called Ryter, he begins to learn about Earth and its past. With Ryter as his companion, Spaz sets off an unlikely quest to save his dying sister -- and in the process, perhaps the world.

Bringing together case studies ranging across the globe, including the US-Mexico borderlands, the Calais encampment in France, refugee camps in Kenya, Uganda and Bangladesh and contested 'informal' enclaves and communities in the cities of India, China, Brazil, Nigeria and South Africa, this book challenges current ways of thinking about the governance of human settling, mobility, and placemaking. Together, the 15 essays question the validity of the conventional hegemonic divisions of Global North vs. Global South and 'formal' vs. 'informal', in terms of geographic presence, transborder performances, and the ideological inter-dependence of Northern and Southern spaces, spatial practices and the uniformity of authoritative enforcements. The book, whose authors themselves come from all over the world, uses 'Global South' as a methodological apparatus to ask the 'Southern' question of settling and unsettling across the globe. Crucially, the studies reveal the sentiments, resourcefulness and the agency of those positioned by the powerful within the dichotomies of formal/informal, legitimate/ illegal, privileged/marginalized; etc., who are traditionally identified within the dominant development discourse as mere numbers or designated by intervening institutions as helpless recipients. By focusing on hitherto invisible events and untold stories of adaptation, negotiation and contestation by people and their communities, this volume of essays takes the ongoing North-South debate in new directions and opens up to the reader's fresh areas of inquiry. It will be of interest to researchers and students of architecture, planning, politics and sociology, as well as built environment professionals.

Kulturguter bedurfen auf Grund ihrer Einmaligkeit eines besonderen Schutzes, der nicht allein mit finanziellen und tatsachlichen Mitteln, sondern auch auf rechtlicher Ebene durchgesetzt werden muss. Die vorliegende Arbeit stellt die Moeglichkeiten des rechtlichen Schutzes von Kulturgutern anhand der UNIDROIT-Konvention uber gestohlene oder rechtswidrig ausgefuhrte Kulturguter vom 24. 06. 1995 dar, deren Verabschiedung einen Meilenstein auf dem Weg zur Loesung des Problems des illegalen Handels mit Kulturgutern bildet. Die Arbeit gliedert sich in drei Hauptteile: Zunachst erfolgt eine Gesamtschau des rechtlichen Rahmens des Kulturguterschutzes aus voelkerrechtlichen Vertragen und europaischen Rechtsakten. Es folgt die Einzelanalyse der Regelungen der UNIDROIT-Konvention. Daran schliesst sich eine Gegenuberstellung der Konvention und nationaler gesetzlicher Bestimmungen in ausgewahlten europaischen Landern und freiwilliger Verhaltenskodizes an, wobei ein Schwerpunkt auf dem Kulturguterschutz in Deutschland liegt. So zeigt die vorliegende Arbeit auf, dass ein wirksamer Kulturguterschutz die Zusammenarbeit der Staaten und der kulturellen Einrichtungen, welche durch voelkerrechtliche Regelungen und nationale Gesetzgebung abgestutzt werden muss, erfordert. Die Ratifizierung der UNIDROIT-Konvention erweist sich demnach als ausserst wunschenswert, wobei aber auch Revisionsmoeglichkeiten des Konventionstextes hinsichtlich der Einrichtung eines internationalen Registers gestohlener Kulturguter und einer allgemeinen Meldepflicht fur Diebstahle bedeutender Kulturguter eroertert werden.

This edited collection offers a critical overview of the major debates in legal education set in the context of the Lord Upjohn Lectures, the annual event that draws together legal educators and professionals in the United Kingdom to consider the major debates and changes in the field. Presented in a unique format that reproduces classic lectures alongside contemporary responses from legal education experts, this book offers both an historical overview of how these debates have developed and an up-to-date critical commentary on the state of legal education today. As the full impact of the introduction of university fees, the Legal Education and Training Review and the regulators' responses are felt in law departments across England and Wales, this collection offers a timely reflection on legal education's legacy, as well as critical debate on how it will develop in the future.

The UN Special Report on Torture has denounced the use of solitary confinement beyond 15 days as a form of cruel and degrading treatment that often rises to the level of torture. Yet the United States holds more than 80,000 people in isolation on any given day. Now, for the first time, the founders of Solitary Watch have collected a dozen first-hand accounts of life in solitary confinement. These first-hand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical and political dimensions of solitary confinement.

This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study."

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.