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Books > Law > Other areas of law > Law as it applies to other professions
This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo- American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject.
Counterintelligence for Corporate Environments, Volume I provides the reader with unique, comprehensive, and efficient methodologies that will change and improve corporate security and operational models to the highest degree possible. Through the extensive and sophisticated discipline of counterintelligence, readers will learn the vital importance of intelligence to the survival, efficiency, and well-being of any organization as well as a whole new approach to the protection of business intelligence and assets. Volume two discusses topics and illustrates strategies and procedures that have never before been used in the corporate field. Inspired by the concepts, strategies, and tactics that have been used by intelligence communities and specialized military forces for decades, this book aims to improve and safeguard every component of a corporate environment through the adaptation and modification of the same strategies employed by these specialized entities. Through this book, managers, security officers, consultants, and entire corporate environments will have the knowledge and skills necessary in order to change the entire dynamic of security applications in the present day and will be able to integrate advanced and highly efficient counterintelligence models in order to combat the extensive modern threat landscape.
Counterintelligence for Corporate Environments, Volume I provides the reader with unique, comprehensive, and efficient methodologies that will change and improve corporate security and operational models to the highest degree possible. Through the extensive and sophisticated discipline of counterintelligence, readers will learn the vital importance of intelligence to the survival, efficiency, and well-being of any organization as well as a whole new approach to the protection of business intelligence and assets. Volume two discusses topics and illustrates strategies and procedures that have never before been used in the corporate field. Inspired by the concepts, strategies, and tactics that have been used by intelligence communities and specialized military forces for decades, this book aims to improve and safeguard every component of a corporate environment through the adaptation and modification of the same strategies employed by these specialized entities. Through this book, managers, security officers, consultants, and entire corporate environments will have the knowledge and skills necessary in order to change the entire dynamic of security applications in the present day and will be able to integrate advanced and highly efficient counterintelligence models in order to combat the extensive modern threat landscape.
Corporate maturity is introduced as a new and valuable concept that provides a holistic view of an organization's performance, culture and resilience. This book presents a general model of corporate maturity, applicable to any sector and demonstrates how an organization can enhance its maturity, particularly through a focus on ethics, good governance and community outcomes. The author shows how mature organizations are those that find connections between corporate purpose and wider social needs. The authentic company, much in demand by investors, consumers, regulators, and employees, is one that can be trusted to deliver these needs as result of deeply embedded integrity, uncompromising unconditionality and outcomes rooted in sustainable communities.
This book aims to explain in clear, accessible language, the approach taken by government to corporate offending resulting in a fatality in both the United Kingdom and the United States. The key provisions of the statutory offense of corporate manslaughter, introduced into the United Kingdom in 2008, are examined, and set in context through a consideration of their relationship with prosecution for fatalities at work via the Health and Safety at Work etc Act 1974. Further contextualization is made through comparison with the current position in the United States, highlighting both similarities and differences in approach to occupational fatalities. The range of potential penalties is discussed with particular focus on the sentencing guidelines that apply after February 2016. Concluded corporate homicide cases are reviewed in order to assess the current regime in terms of financial penalties and to shine light on the evolving approach of the prosecuting authorities and the courts to these offenses.
In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.
Eine Rechtsformanderung ist fur jede einzelne Gesellschaft ein komplexer und individueller Sachverhalt. Folglich ist es nicht moeglich, eine allgemeingultige Empfehlung zur optimalen Art der Umstrukturierung auszusprechen. Jessica Harneit geht der Frage nach, wie aus gesellschafts- und steuerrechtlicher Sicht eine grundbesitzhaltende GmbH & Co. KG am besten in eine GmbH umstrukturiert werden kann. Sie wendet die sog. Verschmelzung durch Aufnahme, den Formwechsel und das sog. Anwachsungsmodell auf die gewunschte Umwandlung an und zeigt, dass der Formwechsel die beste Art fur die grundbesitzhaltende Gesellschaft ist.
Daniel Graewe und Larissa Senuysal gehen in diesem essential vor dem Hintergrund der historischen Entwicklung und der kriminologischen Grundlagen praxisnah und anschaulich auf den allgemeinen Teil des Wirtschaftsstrafrechts ein, wobei sie den Fokus auf die Sicht des Unternehmens legen. Mit typischen Fallkonstellationen verdeutlichen die Autoren dabei die Materie. Das Wirtschaftsstrafrecht ist ein topaktueller und hochkomplexer Teil des Rechtssystems. Kaum ein anderes Teilgebiet des Strafrechts entwickelt sich so dynamisch und ist gleichzeitig so prasent in den Medien vertreten - wie etwa "VW-Abgasaffare", "Deutsche Bank", "Karstadt". Vor diesem Hintergrund ist es fur Manager, Mitarbeiter und Gesellschafter von Wirtschaftsunternehmen essenziell, zumindest die Basics auf diesem Gebiet zu beherrschen.
Scholars widely agree that a federal system cannot work effectively without democracy. As a result of the division or sharing of powers between levels of government, there remains considerable uncertainty about how rules or patterns of politics between the executive and legislative branches interact. Combining theoretical analyses and selected case studies, Federal Democracies at Work contributes to our understanding of the complex relations between federalism and democracy. Throughout the volume, contributing authors elaborate and apply an innovative analytical framework to provide greater clarity on the complex relations between federalism and democracy. As a whole, the volume explores how different institutional configurations of federal democracies alleviate or intensify inherent tensions; how actors grapple and cope with the challenge of these complexities; and how structures evolve as a result of rising conflicts and institutional reforms or adjustments. In doing so, Federal Democracies at Work advances research on comparative federalism and works toward a better understanding of how these compound systems work.
What they won't teach you in film school: This expertly written reference guide breaks down copyright laws for screenwriters. Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.
A straightforward guide to inventing, patenting, and technology commercialization for scientists and engineers Although chemists, physicists, biologists, polymer scientists, and engineers in industry are involved in potentially patentable work, they are often under-prepared for this all-important field. This book provides a clear, jargon-free, and comprehensive overview of the patenting process tailored specifically to the needs of scientists and engineers, including: * Requirements for a patentable invention * How to invent * New laws created by President Obama's 2011 America Invents Act * The process of applying for and obtaining a patent in the U.S. and in foreign countries * Commercializing inventions and the importance of innovation Based on lecture notes refined over twenty-five years at The University of Akron, How to Invent and Protect Your Invention contains practical advice, colorful examples, and a wealth of personal experience from the authors.
"Circle of Greed" is the epic story of the rise and fall of Bill
Lerach, once the leading class action lawyer in America and now a
convicted felon. For more than two decades, Lerach threatened,
shook down and sued top Fortune 500 companies, including Disney,
Apple, Time Warner, and--most famously--Enron. Now, the man who
brought corporate moguls to their knees has fallen prey to the same
corrupt impulses of his enemies, and is paying the price by serving
time in federal prison. "From the Hardcover edition."
Practical guide to the legal issues of using urbanist and sustainable development principles By examining and explaining the particular legal issues that accompany urbanist design and sustainable development, this timely book shows urban planners, developers, designers, and architects how to make the law work for them in planning and executing sustainable urban projects. Written by experienced attorneys, this book thoroughly explains the practical implications of the current law and legal theories surrounding urbanism and sustainability, and forecasts its future directions. Using case studies, photographs, and illustrations, this book offers real-world solutions to the legal issues of urban and sustainable development, including: Incorporating good urban design principles into local land regulation Overcoming impediments to urban and sustainable design practice Getting projects built and codes changed within the existing zoning framework Using fundamentally new approaches to zoning Managing and coping with litigation Structuring and operating the mixed-use common interest community Understanding legal issues specific to urbanist building types Avoiding unnecessary conflicts between urbanist codes and sustainability codes Collectively, the authors have handled every aspect of urbanist law. The two lead authors, Daniel K. Slone and Doris S. Goldstein, are attorneys who are pioneers in the field, having worked with architects, planners, city officials, and developers at the vanguard of urban planning and sustainability. Their comments and firsthand experience, interspersed throughout the book, help illuminate how the law governs day-to-day planning anddevelopment activities. The movements toward sustainable and urbanist development are changing the landscape of America. Armed with this book, you can confidently navigate through the law as you initiate an urban development project and see it to fruition.
Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.
Why we're better off treating corporations as people under the law-and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
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