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Books > Law > Other areas of law > Law as it applies to other professions
From the standpoint of practising engineers, architects and contractors, the law of contract is the most important one and, from preparation of technical documents to its execution and in the determination of disputes, the engineer or architect must have relevant knowledge. This book acts as a practical guide to building and engineering contracts. All points are explained with illustrations gathered from decided court cases. This book covers the substantive law of contract applicable to building and engineering contracts with updated noteworthy judgments. FIDIC conditions are mentioned at appropriate places with a global focus. Key Features: Guide for a full and thorough understanding of the contractual undertakings of the civil engineering industry, primarily in India Discusses specific conditions which are fertile sources of disputes, referring to and commenting upon the FIDIC conditions Covers internationally adopted standard form conditions of contract with analysis, discussions and interpretations, with decided court cases from India and abroad Focuses on technical civil engineering aspects Addresses cases from countries including UK, US, Canada, Australia, New Zealand and India
"The perfect book for the present moment. Prosecuting the President is magnificent." - David Marcus, Professor of Law, UCLA In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors - perhaps the most important and misunderstood public officials of our time. The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.
To successfully conclude a business conversation, negotiation skills and tactics are not enough. If you enter a negotiation with fear, self-doubt or lack of conviction, you will not win no matter how well tactically you have been trained. Negotiation Booster is a novel approach leveraging the task related aspects of a negotiation with the underlying factors, such as emotions, ego, and stress. Negotiation Booster is the ultimate guide to winning negotiations through self-empowerment. By bridging the strategic aspects with a self-management booster, the book will help you develop strategies for thriving in your negotiations. Negotiation Booster draws from interdisciplinary sources. It equips the reader with cutting-edge insights into the key negotiation concepts, fundamental negotiation strategies, communication skills, perception and impression management techniques, the determinants of desired outcomes, and the issues that negotiators face internally and externally in the negotiation process.
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom
Since publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales. This latest edition has been fully revised throughout. Much of the content has been completely rewritten to cover the substantial changes to the Regulations since publication of the 13th edition, to ensure it continues to provide the detailed guidance needed by all those concerned with building work, including architects, building control officers, Approved Inspectors, Competent Persons, building surveyors, engineers, contractors and students in the relevant disciplines.
In the mid-1980s public health officials in North America, Europe, Japan, and Australia discovered that almost half of the haemophiliac population, as well as tens of thousands of blood transfusion recipients, had been infected with HIV-tainted blood. This book provides a comparative perspective on the political, legal, and social struggles that emerged in response to the HIV contamination of the blood supply of the industrialized world. It describes how eight nations responded to the first signs that AIDS might be transmitted through blood, how early efforts to secure the blood supply faltered, and what measures were ultimately implemented to resolve the contamination. The authors detail the remarkable mobilization of haemophiliacs who challenged the state, the medical establishment, and their own caregivers to seek recompense and justice. In the end, the blood establishments in almost all the advanced industrial nations were shaken. In Canada, the Red Cross was forced to withdraw from blood collection and distribution. In Japan, pharmaceutical firms that manufactured clotting factor agreed to massive compensation -- $500,000 per haemophiliac infected. In France, blood officials went to prison. Even in Denmark, where the number of infected haemophiliacs was relatively small, the struggle and litigation surrounding blood has resulted in the most protracted legal and administrative conflict in modern Danish history. Blood Feuds brings together chapters on the experiences of the United States, Japan, France, Canada, Germany, Denmark, Italy, and Australia with four comparative essays that shed light on the cultural, institutional, and economic dimensions of the HIV/blood disaster.
Forensic accounting is gaining considerable attention as a rewarding and exciting field of accounting. Forensic accountants perform both fraud and non-fraud services. The American Institute of Certified Public Accountants (AICPA) released its proposed new standards for its members who perform investigation and litigation forensic accounting services in December 2018. This second volume addresses fraud and non-fraud forensic accounting practice and performance. The author discusses forensic accounting roles and processes; forensic accounting techniques roles and responsibilities of corporate gatekeepers, including forensic accountants in creating a corporate culture of integrity and competency in preventing and discovering financial statement fraud. Also presented are challenges and opportunities in forensic accounting, and emerging issues in fraud investigation.
The business world has been hearing about Artificial Intelligence (AI) and blockchain. AI was the superstar topic of conversations at the World Economic Forum in Davos, Switzerland this past January 2019. Here, Nick Brestoff, a former attorney who now holds eight (8) patents for business applications that use AI and the breakthrough form of AI -- "deep learning," provides his readers with a "no math" explanation of deep learning that's followed by numerous applications in a wide variety of contexts. In this book, he opens the door to his journey of understanding and innovation, all in an effort to empower his readers to come up with business-relevant innovations of their own.
This is a comprehensive review of the issues that readers need to be aware of when negotiating the minefield of professional services contracts in the construction industry. It is practical and accessible in its approach, and addresses professional obligations when engaged under such agreements. It advises on the principle areas of consultancy risk and makes reference to some of the standard conditions produced by professional bodies. This book is an essential reference for consultants, project managers, architects as well as their legal advisors and insurers, enabling them to better understand and negotiate the contracts prepared by the client side of the industry for their professional services. It covers the contracts themselves and related legal issues and principles and is written in a way that will be accessible to non-legally trained readers. Uniquely the book provides an understanding of the risks, both legal and commercial, inherent in these types of professional appointments and therefore helps the reader to manage those risks. Another key feature is that it provides a supporting commentary on the 'benchmark' professional service agreements, including the RIBA, ACE and RICS appointments, and explains the differences. The revised version will now also cover the NEC3 PSC contract.
Although many texts attempt to explain intellectual property law to scientists and engineers, they are ineffective because they fail to present the subject within the proper scope; they are either too expansive or too detailed for the needs of researchers and inventors. Instead of giving a mile-high view of all types of intellectual property or, at the other extreme, turning readers into pseudo-patent attorneys, Patent Law for Scientists and Engineers provides researchers and students with an understanding of the aspects of patent law necessary to work with patent professionals and enhance patent coverage. The editor has structured the text so it can be easily integrated into a reader's research routine. Each chapter supports the issues discussed with fact patterns that emphasize the steps necessary to protect patent rights. The book describes actual scenarios encountered by scientists and engineers, highlighting the protection of latent patent rights that may exist within an invention or technical solution.
This comparative international review of law and practice liability describes the framework in which lawyers, insurers, contractors and clients dealing with liability operate. The act of building involves risk and, in the case of damages occurring after construction, it is often hard to identify responsibility. This will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.
Focal Press' Pocket Lawyer series serves as a legal toolkit for independent producers and artists in the creative industries. The Pocket Lawyer for Comic Book Creators is designed to help emerging artists and veteran professionals in the comic book industry build a solid foundation of business and communication practices that they need to thrive in today's ever-changing, uncertain world of indie comics. Readers will learn to protect their copyrights, negotiate publishing deals, hire artists so everyone wins, and learn the ins and outs of key contracts with this helpful resource.
"Law and the Built Environment" is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals. It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.
Within Europe, employment law has grown as a result of regional rather than national legislation. The European Union has been at the fore of developing a comprehensive framework to protect workers from unfair practices and discrimination. In addition to the European Union, the Council of Europe also plays a role in protecting workers. The European Social Charter and the European Convention on Human Rights contain provisions relevant to the employment relationship. This publication will give the U.S. business student an overview of the key laws governing the area of employment in Europe. Here we look at the obligations and regulations surrounding the contract of employment, the laws surrounding equality and nondiscrimination,and the protection for unions and collective bargaining. Comparisons are drawn with American law and regulation at regular intervals to illustrate different practices within Europe and the United States. This book will provide the student with knowledge of the essential elements of European Employment Law in a concise and easy-to-understand manner.
First published in 1992, the purpose of this book is to identify and describe the most important factors that must be considered in making decisions about the optimal ways to provide access to information - in short the best way to use the humans, the machines, and the intangible resources known as information, particularly at the organizational level. In recent years executives have begun to outsource computing and telecommunications functions primarily to control costs. Traditional libraries and information centres have been disbanded in favour of service contracts or outright leasing of staff. Both the private and public sector are examining their information service operations from the point of view of cost effectiveness. Decisions about owning versus leasing of information are being made daily. Decision makers are finding that they must deal differently with funding and budgeting of information systems and libraries than they have in the past. New paradigms for these service functions already exist. Not only have corporations and governments begun to contract out entire information service operations, but libraries themselves have begun to consider the costs, effectiveness, and implications of outsourcing some of their operations and services. This book provides a framework for decision-makers to view and review information services within their organizations. Entire units, components of libraries and information centres are defined and untangled so that the widest variety of organizations can analyse their own environments. Although there is a minimal use of library and computing jargon, a short glossary at the end explains terms for which there is no simple English language substitute. Each chapter is accompanied by comments from a broad range of experts in the information field.
Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. "Environmental & Energy Law" attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.
Any company that does business with consumers will find itself in bankruptcy court at some time during the life of the company. If you are the owner or manager of a business, you know the reality and need to understand how a customer's bankruptcy case will impact your business. Consumer bankruptcy filings have increased dramatically in the last 10 years. Businesses need to understand the bankruptcy process from the position of a creditor facing a consumer debtor. This book will provide an overview of the most common forms of consumer bankruptcy, including a timeline of events, and the creditor's interaction with the various parties along the way. We will also go through the forms every creditor will see in a bankruptcy case, and break them down so a business owner can understand what they're reading. We provide guide points for discussion with the business's attorney. Also see strategic tips and points for maximizing returns through best business practices. Several different industries are covered, including consumer lenders, vendors, community associations, and landlords.
This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom
"This book provides a fresh approach to building a fashion business. I believe that both academics and startup businesses would find this book useful." Karen Edwards, University of South Carolina, USA "I think that this text will be very useful to anyone working in fashion. I would certainly recommend it as reference reading to MBA students and to undergraduates who are taking entrepreneurship courses." Thomai Serdari, New York University, USA Learn how to protect your business through prevention with a fashion compliance program. The book takes a merchandise-centric "how-to" approach. It explains the laws related to fashion compliance including, labeling, marketing, testing, importing and exporting, record keeping, and more. Written by a fashion-law expert, the book includes interviews with professionals and discusses the European Union apparel label law, as well as relevant United States' laws, to help you run your fashion business.
Farmers have engaged in collective systems of conservation and innovation improving crops and sharing their reproductive materials since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.
Farmers have engaged in collective systems of conservation and innovation improving crops and sharing their reproductive materials since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons. |
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