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ADMINISTRATION OF WILLS, TRUSTS, AND ESTATES, 5th edition walks the reader through wills, trusts and estates using the most up-to-date material and an engaging writing style. Whether it's celebrity wills, marginal key term definitions, extensive review materials, or visual illustrations, ADMINISTRATION OF WILLS, TRUSTS, AND ESTATES, 5th edition has what readers need to succeed. Plus, the Fifth Edition is national in scope while going in-depth on a state-by-state basis as well. And with an abundance of case studies included in the text, readers can see how legal issues are applied in real world settings.
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.
Do you need to make a Will but don't know where to start? Are you baffled by the array of choice that's available? Do you really need to go to a solicitor or would one of those DIY Will kits do? And why are some DIY Wills rejected at Probate leaving a sorry mess for the bereaved? What about using the bank, or downloading a Will, or using the high street corner shop's new business? And just why are Will-writers, seemingly, the hapless fodder for investigative journalism? Or, have you already made a Will and would just like another viewpoint whilst you still have the ability to change it? The answers to all of these questions and more are in "The Good Will Guide". It will tell you why certain Will making avenues should be approached with extreme caution and, not only will it point you in the right direction but, more importantly, it will steer you away from making poor, uninformed choices which could prove to be costly for you and your loved ones. It will tell you why good willing doesn't just revolve around the making of a Will, but of the importance of leaving, in the broader sense, a good legacy. With refreshing candour, the author examines today's Will making choices and their costs. She considers the appointing of your executors, Will storage options and offers guidelines as to when you should review it. Finally, she looks at the importance of addressing the much neglected Letter of Wishes to assist your family and executors. It is a simple book written without jargon to assist the lay public. It could literally save you thousands of pounds.
The book addresses the most pertinent theoretical and practical issues affecting the broad topic of harmonisation in the fields of environmental and energy law in a comprehensive and critical manner. In this respect, it constitutes a timely and meaningful contribution to the ongoing debate on the conceptual underpinnings, legal techniques and sector-specific problems concerned, while enriching the debate and promoting a more enhanced, coordinated regime to tackle environmental and energy issues in the European Union. Environmental legislation is often incoherent and fragmented, creating hurdles to its effective application. Consequently, rule makers need to resort to harmonisation, which is seen as referring to a number of techniques and instruments that all aim to clarify rules and establish a more coherent and solid legal framework. The book examines the merits of this approach within the context of the European Green Deal and the increasing urgency of the environmental and climate crisis, as well as the obstacles encountered and the questions arising from these complex processes. By bringing together more than fifteen renowned experts in the fields of European environmental and energy law, this book aims to dissect the most critical aspects of and obstacles in the process of strengthening coordination and, ultimately, effectiveness of the existing legal regimes in the field of environmental and energy law in the European Union while sparking further research in the field. Harmonisation in EU Environmental and Energy Law is highly recommended reading for legal scholars specialising in European environmental and energy law, as well as practitioners working in these fields.
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Religious dimension of contemporary conflicts and the rise of faith-based movements worldwide require policymakers to identify the channels through which religious leaders can play a constructive role. While religious fundamentalisms are in the news every day, we do not hear about the potential and actual role of religious actors in creating a peaceful and just society. Countering this trend, Sandal draws attention to how religious actors helped prepare the ground for stabilizing political initiatives, ranging from abolition of apartheid (South Africa), to the signing of the Lome Peace Agreement (Sierra Leone). Taking Northern Ireland as a basis and using declarations and speeches of more than forty years, this book builds a new perspective that recognizes the religious actors' agency, showing how religious actors can have an impact on public opinion and policymaking in today's world.
Very different systems for corporations have always existed in Europe. These differences relate not only to the management structure of the corporations, with single or dual systems for management bodies, but also to the principles of permanent capital: Fixed capital is foreign to English and Irish law, and must be incorporated into the legal systems (only) for the corporation on the basis of the 2nd EU Capital Directive of 1976. No one ever made friends in these countries in doing so. Therefore, the British Department of Trade initiated and supported an investigation by a workgroup under the leadership of Jonathan Rickford some years ago regarding the benefits of this system. The report from this workgroup was published in the year 2004 (European Business Law Review [2004] 919). It came to the conclusion that the system of permanent capital is expensive and redundant; it therefore recommended the cancellation of the 2nd Directive. The British government aligned itself with this approach and pressed the European Commission for an appropriate initiative. Before this background, a group of German scholars and practitioners of corporate law converged in order to investigate the sense and benefits of permanent capital and its individual elements quite broadly. Aside from a summary of the results, a total of 15 individual investigations of aspects of capital in Germany and their relationships to adjacent legal areas (accounting and insolvency, for example) are in the present volume, with 7 reports on foreign permanent capital (France, Great Britain, Italy, the Netherlands, Poland, Spain in the USA), each under the same questions such as the discourses on German law. The investigation seeks to convince the European Commission of the benefits of the 2nd Directive.
Understanding of Company Law, which governs the corporate sector, is of paramount importance not only to the students of business but also for the working managers. This book has been prepared with a conscious effort to meet in full measure the requirements of all of them.The book offers a working account of appropriate business laws and in-depth analysis of the subject. A good range and variety of examples illustrate the subject matter. The emphasis, all through, is on clarity and the way company law operates on a day-to-day basis for business.In order to enable the readers know their progress in understanding the subject, a number of exercises are included under the heading 'Check Your Progress'. The following matter has been provided through appendices: Company Law in a computerized environment (E-governance and E-filing); and Corporate governance.The book in its present format will prove more useful to students and others.
Forty years ago, managerialism dominated corporate governance. In
both theory and practice, a team of senior managers ran the
corporation with little or no interference from other stakeholders.
Shareholders were essentially powerless and typically quiescent.
Boards of directors were little more than rubber stamps.
Tuimel jou hart nog nadat Marita van der Vyver jou met haar boek Die hart van ons huis aan haar lewe in Provence bekend gestel het? Hou dan asem op, want met Franse briewe nooi sy lesers nog 'n keer oor haar drumpel. Wat het verander in die Provenkaalse kliphuis met sy persblou hortjies, pienk rose, laventel voor die kombuisvenster en die enorme ou plataanboom langs die hek? Wat het dieselfde gebly? Ja, Marita, haar Franse man, Alain, en die vier kinders woon steeds in Kerkstraat – Rue de l'eglise – van 'n Middeleeuse dorpie. Dis ook somer in Provence – en soos elke somer word al die poskaartprentjies oornag lewend. Lappe laventel so pers dat dit lyk asof derduisende botteltjies kristalviolet per ongeluk uit 'n vragvliegtuig geval het. Goudgeel sonneblomme net waar jy kyk, asof jy pens en pootjies binne-in 'n Van Gogh-skildery beland het. Maar help! Terselfdertyd het 'n bende misdadigers op Marita se Provenkaalse dorpie toegesak! Haar motor word nie net gesteel nie, maar onherstelbaar verniel. En moleste met motors is maar een van die, noem dit maar "interessante", aspekte van haar idilliese bestaan. Daar is ook nog huismoleste, kultuurskokke, ouderdom en ander meer tipies Franse vliee in die salf soos skoolgaan in Frankryk.
Ryna van Rensburg vlug weg van haar verlede na Meeuland, 'n eiland aan die Weskus. Daar is dit Attie Langhans wat haar weer soos 'n vrou laat voel – al lyk hy op die oog af maar stuurs. En gou blyk dit dat die eiland se lief en leed nie los staan van die dorpslewe op die vasteland nie. Waar ontrou en menslikheid, geldgierigheid en goedheid deureengevleg is in 'n vertelling van twee gemeenskappe, wit en bruin. Twee verhale wat uiteindelik hand aan hand loop.
The UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Gathered here for the first time, a set of Bosman's early writings, ranging from the humorous squibs he wrote as a 16-year-old schoolboy for 'The Sunday Times' through to his provocative, experimental short pieces of the 1930s.
The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward failure in responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment of weakens both the military standing and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society.
Since the economic crisis unfolded in 2008, the European Union economic governance framework has been profoundly transformed from a legal perspective. The EU has adopted new tools, institutions and rules to tackle the changes and is arguably better prepared to combat any future crises. This book analyses the basic legal framework of EU economic governance and considers the economic underpinnings which underlie legal institutions in this area. It uses analytical dialectics as a method of analysis and the paradigm of 'law as credibility' as the main model through which the substantive parts of EU economic governance are accounted for. Important issues such as access, exit and expulsion from the euro, the independence of the European Central Bank, the Stability and Growth Pact, bail-outs to member states, and the EU's economic strategy are addressed in a clear, critical and innovative way.
Herman Human loop hom vas in die skynheiligheid van die volwasse wereld. Skielik lyk hul dorp vir hom anders. Kerk en skool probeer die jong boompies buig en Herman raak al hoe meer hardekwas. Hy kyk ook met nuwe oe na vroue: Met Ashia ontdek Herman sy eie seksualiteit. En dan is daar Sandra wat saam met hom in die wiskundeklas is en ook belangstelling toon. Ek dink aan Ashia, ek dink aan Sandra. Waar ek in my lewe gesmag het na een vrou sit ek nou met twee, en ek is, vind ek tot my verbasing uit, vasbeslote om albei te bearbei. Hierdie besef skok my die hele Vrydag uit my wentelbaan uit. Die een baken wat Herman het, is sy pa. En dit is op die dag wanneer Herman teenoor Ds. Weltevreden te staan kom, dat sy pa se voorbeeld hom help om te kies wat reg is en nie bloot korrek is nie. Dit is dan dat hy weet dat 'n mens met jou gewete moet kies, al verklaar jy jouself voelvry in die proses.
“Ek sweer by jou Yoruba, dat jy eendag weer 'n waardige plek in ons huis sal he!” So belowe Theuns Meyer die houtmasker – wat volgens stamtradisie net deur welvarende mense besit mag word – toe hy dit na sy pa se vonnis uit hul bankrotboedel red. Maar op Sandbaai waar hulle tydelik in hul oom se vakansiehuisie intrek, en sy ma probeer om met naaldwerk kop bo water te hou, word die moontlikheid al meer onwaarskynlik. Theuns was kaptein van hul skool se onderwaterhokkiespan en 'n ervare duiker. Nou kan hy hoogstens gaan duik om van sy woede en frustrasie ontslae te raak. Totdat hy vir Ras Payne op die strand raakloop – 'n perlemoenstroper met etiek – soos hy homself beskryf. Ras trek hom geleidelik in by sy bedrywighede totdat Theuns besef dat die see se skulpgoud die enigste weg uit hul gemors is. Theuns en Ras vind op 'n vreemde manier by mekaar aanklank in hierdie wereld van agterdog en leuens. En elke keer dat hy sy deel in Yoruba se hol houtgesig bere, weet hy dat daar nie omdraai is nie.
Die skrywer herskep die alledaagshede wat elke huisvrou en ma sal herken: hoe vind jy balans tussen die verpligtinge van man en kinders en die eise wat daar aan 'n predikantsvrou gestel word? Veral as jy boonop 'n drang het om skrywer te word. Maar dan kry die vertelling 'n meevoerende krag wanneer ernstige krisisse opduik: Haar man kry 'n senuwee-ineenstorting. Meer nog: Haar skoondogter oorleef 'n ernstige motorongeluk, maar doen permanente fisiese en psigiese letsels op. En sy, die skrywer, is midde-in haar mees ambisieuse skryfprojek ooit. Hier bereik haar eg-menselike verhaal 'n besondere diepte- en hoogtepunt: 'n dieptepunt van smart, maar ook 'n hoogtepunt van kreatiwiteit.
This book in the Anniversary Edition is edited by Stephen Gray. For the first time the complete poems of Herman Charles Bosman are gathered together here in one volume. This collection contains all the 120 pieces that are recoverable, written between his student days in the mid-1920s and his untimely death in 1951. His four pamphlets - The Blue Princess, Mara, Rust and Jesus, an Ode - are reproduced without cuts. Included also are several previously uncollected poems left in manuscript, together with his experimental prose-poem "Gardenias", which led to a court case in 1932 and its suppression.Arranged in chronological order, this sequence reveals a romantic and prophetic Bosman, his growing devotion to a democratic African and the south, by turns erotic and esoteric, while he develops the deeply lyrical and humorous skills he considered the essence of his life's work. To supplement the poetry, also included is a selection of a dozen essays he wrote on the topic of its application to the turmoil of the 1930's and the artistic revival of the Postwar World centred on Johannesburg. With an introduction, illustration and notes on the texts. Wild Seed is die eerste volledige versameling van al Herman Charles Bosman se gedigte en sluit ook voorheen ongepubliseerde gedigte in. Ook ingesluit is die eksperimentele prosagedig "Gardenias" wat tot 'n hofsaak gelei het in 1932 en tot die verbod daarop. Die gedigte is in chronologiese volgorde en openbaar 'n romantiese en profetiese Bosman en sy liefde vir Afrika. Daar is ook 'n twaalftal essays oor die digkuns ingesluit.
The recognition of judgments lies at the heart of all litigation: without it judgments are meaningless and litigation becomes a dog with neither bite nor bark. The title has both a Southern African and international flavour, which is wholly appropriate, given the increase in both local and international trade since 1994. This increase in trade brings with it increased litigation, locally and internationally, making this book a necessary addition to any practicing lawyer's library - especially those who consider themselves to be 'commercial lawyers'. The references to local statutes, international conventions and treaties as well as authorities with which the title abounds are of immeasurable assistance to the lawyer involved in the complex and intricate field of private international law.
This is the absorbing (and often shocking) story of the life of the most famous and best loved writer in South Africa of the first half of the twentieth century. Bosman was born in the Cape in 1905, schooled in Johannesburg and trained as a teacher, then sent to a backveld school - the people he met there and the observations he made were the source for the stories in his bestselling Mafeking Road. After a sensational trial, found guilty of murdering his step-brother in cold blood, he served his term in Pretoria Central Prison - the source of his classic Cold Stone Jug. During his years of exile in Paris and London and when he returned to South Africa to make a popular career as a sly commentator, he produced A cask of Jerepigo. Before his untimely death in 1951, he became the country's best loved humorist. In this biography Bosman's extraordinary career is reconstructed from documents and his papers, to present the most revealing and explicit portrait of South Africa's most controversial author. Gray's investigation has thrown new light on many aspects of Bosman's life - some of his outrageous actions will astound his many faithful readers. Bosman himself ) with which Gray at times paints this fuller-than-ever-before portrait of his subject. |
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