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A study of the impact of business on legal practice exploring the attitudes and aspirations of lawyers and linking the findings to questions of the effective management of legal services. Included is a comparative analysis of trends in the UK and Australia.
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.
Exploring the key discussions and arguments in tort law, this book enables students to get a deeper and more rounded understanding of the subject. Part of the Great Debates series, it is an engaging introduction to the more advanced legal concepts, such as negligent breach of duty and vicarious liability. Each chapter is structured around questions and debates that provoke deeper thought. It features summaries of the views of notable experts on key topics and each chapter ends with a list of further reading. This book is ideal for use by ambitious students alongside a main course textbook, encouraging them to think critically, analyse the topic and gain new insights. The development of these skills and the discursive nature of the series, with an emphasis on contentious topics, means the book is also useful for students when preparing their dissertations. Suitable for use on courses at all levels, this book helps students to excel in coursework and exams.
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.
[The Gesamtgrundpfandrecht (Blanket Mortgage) in Insolvency. With Special Consideration to its Creation] How does a blanket mortgage work in the mortgagee's insolvency proceedings? This question led the author to the present investigation. The thesis moves between the laws regarding safeguarding of creditors and insolvency. After penetrating the doctrine behind its creation, the blanket mortgage is woven into the instruments regulating insolvency law. The creation and defeasibility of the blanket mortgage is analyzed after investigating the structure and organization of this overarching right in rem by examining its counterpart in lien law. One of the piece's linchpins is the teleology of Sections 1132 and 1222 German Civil Code. This leads back to the basic Roman legal principle of the entirety of the pledge liability - indivisa pignoris causa -. By using this principle and the structural principles and guidelines of property law, conclusions necessary for the legal creation of a blanket mortgage are drawn and then entered into the system of restraint on alienation and acquisition pursuant to Sections 81, 91 German Insolvency Statute (Insolvenzordnung) as well as those for contesting insolvency pursuant to Sections 129 ff German Insolvency Statute.
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."
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.
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."
Hello, my name's Stacey Duguid and I'm a reformed fashion editor. Oh, wait. Wrong meeting. I once worked for British ELLE magazine and wore expensive clothes, whereas I'm now a single mother, divorcee and love addict (wearing expensive clothes I never should've bought). I spent my entire twenties, and, err, alright, thirties, in nightclubs. Dabbling occasionally with the odd recreational drug (or five), I shopped hard, loved hard and tried very hard to find a man who could save me. From the stuff we pick-up as little girls to an ingrained internalisation of gender roles we're left to unpack for a lifetime, I'd spent a lifetime pursuing a dream marriage which, in the end, left me shattered. Who suggested 'happily ever after' was even given thing? This collection of essays tells the story of a life that, until my marital breakdown, looked absolutely f-ing fabulous. I'll talk about everything that is taboo in today's society, some of which you may have gone through, too: miscarriage, abortion, debt, affairs, divorce, single parenting, post-natal depression, sex and dating in mid-life. The cracks in my life were glossed over with a big smile, a large wine and an outfit I definitely couldn't afford. Had someone told me not to worry about meeting a man, and to stop blowing money on credit cards just because the 'spirits' (as in dead people, not vodka) told me I needed 'a new wider-shoulder jacket', despite it being a week before payday and not having enough money in my account to pay rent, would I have listened? I'm not sure. Had someone (or a spirit) mentioned that the so-called 'happily ever after' might not end up so happy, would my life be any different now? I doubt it, but in writing my story, I hope you'll feel less alone in yours. You are not alone on this journey of womanhood and we all have the right to pursue our own happiness, or perhaps our own contentment. Because happy endings, not the type you pay for but the state of mind, are they possible to ever really find? Have you?
ENDURING LITERATURE ILLUMINATED BY PRACTICAL SCHOLARSHIP Dickens's epic novel of freedom, love, and the burning chaos of the French Revolution. EACH ENRICHED CLASSIC EDITION INCLUDES: - A concise introduction that gives readers important background information - A chronology of the author's life and work - A timeline of significant events that provides the book's historical context - An outline of key themes and plot points to help readers form their own interpretations - Detailed explanatory notes - Critical analysis, including contemporary and modern perspectives on the work - Discussion questions to promote lively classroom and book group interaction - A list of recommended related books and films to broaden the reader's experience Enriched Classics offer readers affordable editions of great works of literature enhanced by helpful notes and insightful commentary. The scholarship provided in Enriched Classics enables readers to appreciate, understand, and enjoy the world's finest books to their full potential. SERIES EDITED BY CYNTHIA BRANTLEY JOHNSON
The author's poetry collection attempts to probe the realm of the unsaid and the ripples that move between words, between people, between bodies. Sometimes the verses trace and explore details that have brought the poet to, in her own words, "arrested instants of loss or witness that break open the surface of the world".
Imagine that your father is one of New York City's top gangsters, and that you want nothing to do with him or his criminal empire. Now imagine he's been murdered . . . and the only person who gives a damn is you. Meet Mat Lawrence, a stand-up guy-think Gary Cooper-who's got one thing on his mind: revenge. The last place Mat wants to go is back to New York, but that's where the killers are, and he won't stop until they're dead . . . or he is. And there's only one man who can help him track them down: his father's criminal attorney-the Mouthpiece. But there's more than a desire for revenge at play in this deadly game. When Mat's old man went down, a million dollars went missing. Put it all together-a cold-blooded murder and a cool million gone-and it's a pretty good bet that the one thing Mat is sure to find is some serious heat. Mouthpiece was originally published in the September, 1934, edition of Thrilling Detective. That same year, as the youngest writer ever to serve as president of the New York Chapter of the American Fiction Guild, L. Ron Hubbard sought to promote greater accuracy in the writing of detective and mystery stories. To that end he invited the coroner to speak to the Guild members over lunch. He later recounted that "they would go away from the luncheon the weirdest shade of green." But, we can assume, they also went away better informed. Years later, expanding his studies in the area, Hubbard became a special officer with the Los Angeles Police Department. Also includes the tales of mystery, Flame City, the story of one man's harrowing attempt to save his father and the city from a serial arsonist; Calling Squad Cars!, in which a police dispatcher goes to extraordinary lengths to bring down a gang of bank robbers after he is accused of working with them; and Grease Spot, the story of a former racecar driver, now the owner of a wrecking company, who plays fast and loose with the police . . . and may have to pay for it. * A Publishers Weekly Listen Up Award Winner
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.
Before December 1941, the United States had determinedly maintained an isolationist foreign policy and stubbornly remained neutral in the European war. With the Japanese attack on Pearl Harbor, this position changed overnight. Now faced with the prospect of war yet ill-prepared for the eventuality, the United States government found itself scrambling to launch a war effort. In a post-depression economy, inadequate supply coupled with wartime losses worldwide quickly created a demand which far outstripped production, especially when it came to naval supplies. This generally left the government only one realistic option - seizure of vessels and other property from private owners. Although the government had this power, under the Fifth Amendment to the Constitution private property owners were entitled to just compensation for their goods. During and after the war, multiple lawsuits were filed against the government seeking retribution for transportation of pre- and post-war refugees, repatriation of destitute seamen, loss of pay, patent infringement and requisition of vessels for government service. This volume contains all naval and maritime-related claims brought against the United States government from World War II. These cases are presented chronologically according to the date of the incident which led to the lawsuit. Additional background is included when necessary to fully explain the nature of the claim. Each lawsuit was initially filed in a United States district court then petitioned to Congress or filed directly with the Court of Claims in Washington, D.C. Appeals were made to the Supreme Court but are mentioned only if the decision of the lower court was reversed. Appendices contain a glossary of shipping terms and a list of pertinent acts of Congress. Photographs and an index are also included.
This wide-ranging and imaginative book examines the social and scientific role of the French Academy of Medicine from its creation in 1820 to the outbreak of the Second World War. The first chapters focus on the institution and its activities, including the evaluation of medical innovations and the cultivation of professional memory through eulogies and institutional art. Weisz argues that the Academy was gradually transformed from a low-status public institution that was central to French medical science in the nineteenth century to an "establishment" institution largely irrelevant to medical science but playing a key role in public health policy. The second half of the book uses the activities and literary productions of the Academy to explore broader issues of medical history. The Academy's role in the regulation and scientific study of mineral waters illuminates processes of discipline formation in medical science and explores the therapeutic specificity of French medicine. Academic debates are used to investigate the appropriation of new research techniques like animal experimentation and quantification in therapeutic reasoning. Academic eulogies provide a starting point for the evolving medical and scientific reputation of Laennec, the inventor of ausculation, Using techniques of prosopography applied to the membership of the Academy, Weisz goes on to analyze the role of the Parisian medical elite in French medicine and its social place within the French bourgeoisie. His concluding chapter examines the emerging self-images of this Parisian elite in academic eulogies.
This book is centered on the fifteen landmark cases as identified and required for students taking the College Board Advanced Placement® Government and Politics Exam. Reading U.S. Supreme Court cases can be a difficult task, especially in the limited time frame allotted to prepare for the exam. In keeping with the College Board’s admonition that students be able to read and understand the high-level language of primary sources, this book engages readers with the original language of the cases in a condensed form with the most integral pieces intact in order to prepare students for the complex thinking and analysis required for the course and the exam. More than simple summaries, these cases maintain the original language and include thought-provoking, challenging, questions to train readers to read like lawyers, not only for the exam, but for the rest of their lives as consumers of new and emerging case law.
Features the history of Harry Spiller from his time entering the Williamson County, IL Sheriff's Department. In February 1974, Sheriff Russell Oxford hired him as a radio dispatcher for the Sheriff's Department. From that time until March 1979 Spiller worked as a radio dispatcher, deputy sheriff, and Chief Deputy in the department. Spiller ran for Sheriff and on November 2, 1982 was elected as the 42nd Sheriff of Williamson County, Illinois. The rest is his story as he endured the times known as Bloody Vendetta to the updating of the telephone recording equipment and the presidential visit of President Ronald Reagan.
Covers all aspects of the law as it affects advertising, from European legislation and copyright law to libel and obscenity laws. It clearly explains the laws, statutes and self-regulatory codes that govern advertising and there are sections given to the specific issues affecting television, radio and cinema.
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. |
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