Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.

Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation. Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators - those working at ministries and government departments drafting legislation.

Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.

In this volume, Mirko Canevaro studies the 'state' documents (laws and decrees) preserved in the public speeches of the Demosthenic corpus. These documents purport to be Athenian statutes and, if authentic, provide invaluable information about Athenian history, law, and institutions. Offering a comprehensive account of the presence of the documents in the corpora of the orators and in the manuscript tradition, this volume summarizes previous scholarship and delineates a new methodology for analyzing the documents. Examining the documents found in Demosthenes' On the Crown, Against Meidias, Against Aristocrates, Against Timocrates, and Apollodorus' Against Neaera, the core of the volume, which includes a chapter by Edward M. Harris, provides a guide for the reliability of the individual documents, and advances new interpretations of important Athenian laws, such as homicide regulations, legislative procedures, laws on theft, seduction, naturalization, and outlawry. Canevaro argues that some of the documents have been inserted into the speeches in an Athenian environment at the beginning of the third century BC and are therefore reliable, while many others are later forgeries. These forgeries are early products of the tradition of historical declamations and progymnasmata, and could be used as evidence of Hellenistic oratory and rhetorical education.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Bribery Act 2010 reforms the law of corruption, currently covered by the common law and a number of statutes dating to the late 19th and early 20th centuries. The Act modernizes the existing law and creates new offences and investigative powers - targeted at both individuals and businesses, particularly those operating in sectors most often associated with corruption of public officials (such as defense, construction, healthcare, and the extractive industries). It is also intended to enable increased prosecution of businesses operating overseas, whether through subsidiaries, joint ventures, or direct market access. It also simplifies and clarifies existing laws, and makes UK law compliant with international instruments.
This new Blackstone's Guide combines the full text of the Act and extracts of related relevant legislation with an expert narrative. It brings practitioners up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.

In Neoliberal Parliamentarism, Tom McDowell provides an alternative approach to understanding the decline of parliament at the Ontario legislature, an approach that highlights the politics of neoliberalism and the significant impact it has had over the last four decades. Throughout, McDowell offers a structural critique of parliament, claiming that restrictions on the legislature cannot be separated from the ascendance of neoliberalism as the dominant social and policy paradigm in the province. Tracking the evolution of procedure at the Ontario Legislature from 1981 to 2021, McDowell shows that, beginning in the early 1980s, the establishment of increasingly restrictive procedural rules was critical to securing the passage of controversial neoliberal restructuring policies. Further, he argues that the decades-long shift towards de-democratization and the concentration of political power in the executive ought to be understood in the context of neoliberalism's rejection of parliamentary sovereignty and legal positivism. As an in-depth study of the implementation of neoliberalism policy on the political apparatus of Ontario, Neoliberal Parliamentarism is critical reading for scholars and students interested in the relationship between neoliberalism and de-democratization, the politics of Ontario, and parliamentary procedure more broadly.

The guide that takes the guesswork out of Fair Housing Act Accessibility Guidelines conformance

The Federal government is stepping up its enforcement of the Fair Housing Act Accessibility Guidelines, and failure to comply with these guidelines can result in a complaint for discriminatory housing practice. A Basic Guide to Fair Housing Accessibility enables building professionals to avoid these charges with clear, concise interpretations of the Guidelines and descriptive illustrations of proper conformance.

Inspired by the author’s HUD-sponsored review of nearly 400 built projects, this compact yet comprehensive guide reviews the guidelines for conformance with the seven basic design and construction requirements of the Fair Housing Amendments Act, from accessible building entrances to usable kitchens, and points out common conformance errors made by architects, builders, and developers.

This practical, easy-to-follow handbook:

• Demystifies accessibility guidelines and reduces the risk of litigation
• Explains which buildings and units are covered by the law
• Provides a compliance checklist for multifamily housing design and construction

Featuring only the facts and technical guidance needed to help ensure conformance with the Guidelines, A Basic Guide to Fair Housing Accessibility is an indispensable resource for architects, builders, contractors, site engineers, and developers who need to know that their work is in conformance with Federal guidelines.

What is effective legislation? Can lawmakers around the world improve the effectiveness of their laws? And if yes, how? Designing Effective Legislation analyses legislative effectiveness in theory and practice and concludes that effective laws can be engineered through the use of particular design and drafting techniques. Employing a clear and logical structure, the author demonstrates that four elements, that exist in every law, are paramount to effectiveness: purpose, content, context and results. A clear purpose sets a benchmark for what a law aims to achieve; well designed and communicated content ensures that the law has the mechanics required to achieve the desired results; laws that integrate harmoniously the legal system ensure coherence and the lack of contradiction; and results determine what has been achieved and whether this corresponds to initial intentions. By examining these four elements in unity and addressing the particular challenges involved in their design and drafting, lawmakers can secure the basic foundations of an effective law. Providing an in in-depth analysis of the concept of legislative effectiveness this book will be relevant to academics and researchers working in the fields of legislative studies, theory of law, regulation and the sociology of law but also to legal practitioners, policy makers and legislative drafters involved in the design or reform of legislation worldwide.

Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

The EU Structural Funds is a pioneering book that provides the first systematic and critical examination of the role of the EU Structural Funds and other financial instruments in European integration. The examination is important because of the substantial sums of money involved and shows that these sums are not necessarily being used effectively or efficiently. Total Structural Fund spending from 1994 to 1999 is to be almost Euro 170 billion and this sum represents around 33 per cent of the Union budget and around 0.4 per cent of the Union gross domestic product. For the years 2000 to 2006 spending of up to Euro 218.4 billion is proposed. The issues raised by Andrew Evans are highly topical because of the challenges to established practice entailed by the introduction of a single currency, the `Euro', and by plans for the future accession of several countries of Central and Eastern Europe to the Union.

European environmental and energy policies are currently challenged by two mutually dependent issues: CO2 abatement and the completion of the Internal Market for energy. Both will lead to substantial structural changes in the energy supply industry and in the wider economy. The purpose of this book is to analyze the interaction between CO2 abatement, economic structural change and the completion of the European Internal Market. This involves not only significant general equilibrium effects, but also technological changes, especially in the electricity supply sector. The simulation results indicate that the effects of measures to reduce European CO2 emissions depend considerably on the structure of the electricity supply system.

This volume discusses the role of the European Community, in particular the Single European Market, and shows how it is having an important impact on women's working lives. As well as documenting women's employment throughout Europe, the book addresses issues of key importance for women in Europe. These include how the European Community has developed policies, that positively benefit women, the way that women are influencing change at the European level and the impact that this is having at the national level.

The Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. It introduced a number of laws to protect these individuals and ensure that they are given every chance to make decisions for themselves. The Act has recently been supplemented with new provisions pertaining to those who need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent. This Code of Practice provides guidance and information for professionals implementing the deprivation of liberty safeguards legislation on a daily basis. In some cases, this will be paid staff, in others, those who have been appointed by law to represent individuals who lack capacity to make decisions for themselves (such as deputies or donees of a Lasting Power of Attorney).The Code incorporates good practice and demonstrates how the principles of the Act can be applied to those who have been deprived of their liberty for their own safety, or for the safety of others.

A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

Praise for Foreign Corrupt Practices Act Compliance Guidebook: Protecting Your Organization from Bribery and Corruption

"This book is a must for lawyers and any corporation that deals with global commerce. The chapter on Siemens shows how a large multinational can respond and reform under intense scrutiny. The Siemens chapter also represents reform and transparency and will be seen as a model for a very long time."
--Michael G. Oxley, Of Counsel, Baker and Hostetler LLP

"An excellent FCPA guidebook The Biegelmans' book makes it easy to understand the FCPA and includes fascinating case studies and interviews with compliance thought leaders. It should be required reading and a desktop reference for anyone committed to the fight against worldwide corruption or interested in creating a best practice anti-corruption compliance program."
--Cynthia Cooper, CEO, The CooperGroup LLC, and one of Time magazine's Persons of the Year

"Foreign Corrupt Practices Act Compliance Guidebook is an excellent and easy-to-use resource for companies doing business abroad. The book is full of practical guidance and compiles in one place an overview of the many issues a company and its counsel may face in effecting compliance and dealing with investigations. A must-read "

--Karen A. Popp, Partner at Sidley Austin LLP, former federal prosecutor, and Associate White House Counsel to President Clinton

"This book provides a highly relevant and invaluable guide for companies wishing to protect their assets and reputations from the menace of corruption. In addition to presenting a comprehensive discussion of the history, requirements, and importance of the FCPA, Martin and Daniel Biegelman offer insightful, in-depth examples and clear, practical guidance on compliance."
--James D. Ratley, CFE, President, Association of Certified Fraud Examiners

"Everyone in the compliance community will find what they need in this great new resource. It demystifies the FCPA and what it requires. The writing is crisp and lively, the examples and case studies are vivid and succinct, and the advice is rock solid. This is the best overall presentation of the FCPA between two covers that I have ever seen."
--Richard L. Cassin, Founding Partner, Cassin Law LLC, and creator of the widely read FCPA Blog

"Foreign Corrupt Practices Act Compliance Guidebook is a brilliant and crucial addition to FCPA literature. Any American company doing business overseas needs a copy. This will be a standard reference for many years."
--Mark A. Kirsch, Co-Chair of Litigation, Gibson, Dunn & Crutcher LLP

This work covers such topics as: EU directives and harmonization work; health, safety and environment; recent technical development - products and processes; shot hole development; and management of blasting operations.

We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.

In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the existence of mind-independent moral truths- and accounts for the effect this ought to have on existing value-based arguments made by constitutional courts. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.

Unsurpassed in authority, reliability and accuracy; the 11th edition has been fully revised and updated to incorporate all relevant legislation for medical law courses. Blackstone's Statutes on Medical Law is an abridged collection of legislation carefully reviewed and selected by Cressida Auckland. With unparalleled coverage of medical law, Blackstone's Statutes on Medical Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Medical Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Digital formats and resources This edition is also available for students and institutions to purchase in digital format and is supported by online resources. - The e-book offers convenient access along with functionality tools and navigation features that offer extra learning support www.oxfordtextbooks.co.uk/ebooks - The online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.

Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin.

This is the third of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. The first volume covered Institutional Law, and the second the Law of the Internal Market. This final volume focuses on competition law and policy, with separate entries devoted to competition law in specific business sectors, and other significant areas of competition law, such as exclusive agreements, merger control, state aid, and vertical agreements. A new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided.
The entries are arranged alphabetically, and each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts.
There is a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept, making the book easily accessible. There arecomprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume.
Prepared by a team of experts in the field of EC/EU law and competition law and policy, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this area of the law.

In order to be confirmed to a lifetime appointment on the federal bench, all district and circuit court nominees must appear before the Senate Judiciary Committee for a confirmation hearing. Most commonly, nominees field a handful of questions by two senators, yet some nominees receive over 150 questions by 10 or more senators. Lower court judges make up approximately 98% of permanent federal judgeships and their cases encompass a variety of policy areas as they interpret and apply the Constitution, laws, and precedents of the United States. The authors of It's Not Personal analyzed transcripts for all district and circuit court confirmation hearings between 1993 and 2012. They found that the time-consuming practice of confirmation hearings for district and circuit nominees provides an important venue in which senators can advocate on behalf of their policy preferences and bolster their chances of being reelected. The variation in lower court nominees' experiences before the Judiciary Committee exists because senators pursue these goals in different ways, depending on the level of controversy surrounding a nominee. Studying confirmation hearings improves our understanding of the process by which individuals gain lifetime seats on the federal bench, positions from which they can influence the development of law.

This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the legal definition of a 'refugee', but who have nonetheless been forcibly displaced from their homes, whether due to war, generalized violence, humanitarian disaster or torture, inhuman or degrading treatment or punishment. This is known as 'complementary protection', because it complements the central international instrument in this area, the 1951 Refugee Convention. The book analyses international human rights law to discern where such legal obligations to protect might arise, and considers the legal status which countries ought to provide to such people. It provides a comprehensive overview of States' current responses to this issue, and offers original and thoughtful suggestions for protecting such persons within the international legal framework. This book is the first dedicated study on 'complementary protection' - the protection afforded by States to persons who need international protection but fall outside the legal definition of a refugee in article 1A(2) of the 1951 Refugee Convention. Human rights law has extended States' international protection obligations beyond the Refugee Convention, preventing States from removing individuals who would be at risk of serious harm if returned to their countries of origin. While a number of States have traditionally respected these additional human rights obligations, they have been reluctant to grant beneficiaries a formal legal status analogous to that enjoyed by Convention refugees. This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to extended categories of refugees was historically the same as that granted to 'legal' refugees. It traces unsuccessful attempts at the international and European levels to codify a system of complementary protection, prior to the EU's adoption of the Qualification Directive in 2004 and international support for an ExCom Conclusion in 2005. The Qualification Directive, examined in Chapter 2, represents the first supranational codification of complementary protection, but is hampered by a hierarchical conceptualization of protection that grants a lesser status to beneficiaries of 'subsidiary protection' vis-a-vis Convention refugees. Chapters 3 to 5 examine a number of human rights treaties (CAT, ECHR, ICCPR and CRC) to identify provisions which may give rise to a claim for international protection. Finally, Chapter 6 illustrates why all persons protected by the principle of non-refoulement should be entitled to the same legal status as refugees, demonstrating the Refugee Convention's role in providing a rights blueprint for beneficiaries of complementary protection.