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The Law of Corporate Finance discusses, from a company law perspective, the provisions of the Companies Act 71 of 2008 relating to the field of shares, securities, and corporate finance. There have, thus far, been few major decisions of the courts providing guidance on this technical branch of company law. The Law of Corporate Finance unpacks the complexity of this field of law, while also examining the Companies Regulations and the common law principles preserved by the Companies Act. It offers a lucid and comprehensive treatment of this notoriously difficult subject. The Law of Corporate Finance is written to provide guidance to a wide range of persons seeking a proper grasp of both the principles of corporate finance as well as their practical application - from the judiciary, legal practitioners and legal advisors to auditors and accountants, from company directors and company secretaries to academics and students, whether undergraduate or postgraduate. The major company law topics in the field of corporate finance are discussed and analysed in this book. A highlight of The Law of Corporate Finance is that it includes a discussion of the legal remedies available to investors when the rules relating to corporate finance have been flouted. A further highlight is the practical examples that illustrate how corporate finance rules work and their shortcomings in specific situations. Due to the rapid globalisation of corporate law, a treatment of the legal position in leading foreign jurisdictions has been included, particularly those that have moulded the provisions of the South African Companies Act. These include English law, US law, Australian, Canadian and New Zealand law. This unique perspective provides an invaluable insight into the interpretation and application of the corporate finance provisions of the South African Act. Anyone seeking to understand the complex corporate finance rules will find this book to be useful and illuminating.
Digital Rights Management examines the social context of new
digital rights management (DRM) technologies in a lively and
accessible style. It sets out the scope of DRMs in non-technical
terms and then explores the shifts that DRM has produced within the
regime of protection of intellectual property rights (IPRs).
Focusing on the social norms around the protection of IPRs, it
examines the music industry and software development sector to ask
whether the protections established by DRM are legitimate and
socially beneficial. Using these key examples to establish a more
general argument, the books central conclusion is that rather than
merely re-establishing threatened rights, the development of DRM
has extended the rights of intellectual property owners, and that
such an extension violates previous carefully balanced political
compromises as regards the maintenance of the public domain.
Criminology is a booming discipline, but at the same time it is
also deeply divided. This rich and diverse collection of essays
addresses the key questions at the heart of the debate.
When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.
A Practical Guide for Legal Support Staff provides basic information
about various aspects which legal secretaries, legal support staff,
paralegals and candidate attorneys will encounter in carrying out their
duties in a law firm or similar environment. While being an
easy-to-read and user-friendly textbook, the emphasis is placed on
acquiring the necessary practice management skills. It includes
practical examples of the various forms required for different
processes and documents.
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Increasingly, teachers, youth workers, and social workers are being called on to 'build resilience to radicalisation'. But, what does this actually mean? What is resilience to radicalisation, how can it be built, and whose role is it? Drawing on an interdisciplinary analysis of policies and the perspectives of practitioners themselves, this book offers a fresh look at these questions. Through unpacking different ways of thinking about resilience to radicalisation, this book aims to bring clarity to some of the key issues and debates involved. The book navigates between important critiques of resilience and the need for a practical and legitimate response to the challenge of extremism. Finally, it suggests a way forward for those grappling with this issue.
Due Diligence and Corporate Governance is a general guide to a
subject of growing importance. This handbook shows you how due
diligence is used to assess the risk of any transaction, customer
or investor for all businesses regardless of size or location.
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
This volume contains the proceedings of the 64th Colloquium on the Law of Outer Space held virtually in October 2021, as well as the report of the IISL Standing Committee on the Status of International Agreements Relating to Activities in Outer Space.
In The Wyoming State Constitution, Robert B. Keiter provides a comprehensive guide to Wyoming's colorful constitutional history. Featuring an outstanding analysis of the state's governing charter, the book includes an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Wyoming's constitution. The second edition contains an up-to-date analysis of the Wyoming Supreme Court's constitutional decisions, new state constitutional amendments and Supreme Court decisions since 1992. Also included is new material explaining how the Wyoming Supreme Court goes about interpreting the state constitution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
This essential guide vital new changes by the European Commission
to the law governing the enforceability of intellectual property
licences in Europe. Agreements which contain the grant of a licence
by one party to another of intellectual property rights are subject
to European competition (anti-trust) laws. In particular, many
agreements containing licences of patent rights and rights in
confidential information and technical know-how are caught by
Article 81(1) of the EC Treaty, which prohibits agreements between
undertakings which prevent, restrict or distort competition in the
Common Market. However, because licences of intellectual property
rights usually facilitate the transfer of technology from one
undertaking to another, and the licensor and licensee will often
operate at different levels of the market, many licences of
intellectual property rights may benefit from an automatic
exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this
exemption is being radically overhauled, as part of the European
Commission s drive to modernise European competition law. This book
examines the changes in that legislation.
The scope of service provided by professional accountants is
influenced by legislation and case law as well as the dictates of a
variety of government and private sector agencies: including State
Boards of Accountancy, Academic Accreditation Bodies, the United
States Securities and Exchange Commission, the Public Company
Accounting Oversight Board, independent standard setting bodies
such as the Federal Accounting Standards Advisory Board (US), the
Financial Accounting Standards Board (US), the International
Accounting Standards Board and self-regulatory organizations such
as State Societies of CPA and the American Institute of Certified
Public Accountants. There are equivalent and emerging local
international bodies that exist in most developed countries. It is
important for academics, students, practitioners, regulators and
researchers to consider, study and understand the role and
relationship of such bodies with the practice and content of our
discipline. Research in Accounting Regulation is a refereed annual serial that seeks to publish high quality manuscripts, which address regulatory issues and policy affecting the practice of accountancy, broadly defined. Topics of interest include research based on: 1) Self-regulatory activities. This research series aims to encourage the submission of original empirical, behavioural or applied research manuscripts that consider strategic and policy implications for regulation, regulatory models and markets. It is intended for individual researchers, practitioners, regulators andstudents of accountancy who desire to increase their understanding of the regulation of accountancy.
A surprisingly understudied topic in international relations is that of gender-based asylum, even though the tactic has been adopted in an increasing number of countries in the global north and west. Those adjudicating gender-based asylum cases must investicate the specific category of gender violence committed against the asylum-seeker, as well as the role of the asylum-seeker's home state in being complicit with such violence. As Nayak argues, it matters not just that but how we respond to gender violence and persecution. Feminist advocates, U.S. governmental officials, and asylum adjudicators have articulated different "frames" for different types of gender violence, promoting ideas about how to categorize violence, its causes, and who counts as its victims. These frames, in turn, may be used successfully to grant asylum to persecuted migrants; however, the frames are also very narrow and limited. This is because the U.S. must negotiate the tension between immigration restriction and human rights obligations to protect refugees from persecution. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum-seekers who do not "fit" the frames. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the U.S. position of power relative to other countries, international organizations, and immigrant communities. This book explores the politics of gender-based asylum through a comparative examination of asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization/abortion, and persecution based on sexual and gender identity.
This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society, and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. _ This new edition, which keeps the same basic structure of earlier editions, has been revised and brought up to date, reflecting the way the legal system has adapted to the complex new world of the twenty-first century.
What is a constitutional right? If asked, most Americans would say
that it is an entitlement to act as one pleases - i.e., that rights
protect autonomy. That understanding, however, is wrong; it is,
indeed, The Myth of Rights. The primary purpose and effect of
constitutional rights in our society is structural. These rights
restrain governmental power in order to maintain a balance between
citizens and the State, and an appropriately limited role for the
State in our society. Of course, restricting governmental power
does have the effect of advancing individual autonomy, but that is
not the primary purpose of rights, and furthermore, constitutional
rights protect individual autonomy to a far lesser degree that is
generally believed.
Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.
Literature and Complaint in England 1272-1553 gives an entirely new and original perspective on the relations between early judicial process and the development of literature in England. Wendy Scase argues that texts ranging from political libels and pamphlets to laments of the unrequited lover constitute a literature shaped by the new and crucial role of complaint in the law courts. She describes how complaint took on central importance in the development of institutions such as Parliament and the common law in later medieval England, and argues that these developments shaped a literature of complaint within and beyond the judicial process. She traces the story of the literature of complaint from the earliest written bills and their links with early complaint poems in English, French, and Latin, through writings associated with political crises of the fourteenth and fifteenth centuries, to the libels and petitionary pamphlets of Reformation England. A final chapter, which includes analyses of works by Chaucer, Hoccleve, and related writers, proposes far-reaching revisions to current histories of the arts of composition in medieval England. Throughout, close attention is paid to the forms and language of complaint writing and to the emergence of an infrastructure for the production of plaint texts, and many images of plaints and petitions are included. The texts discussed include works by well-known authors as well as little-known libels and pamphlets from across the period.
What makes something a human right? What is the relationship
between the moral foundations of human rights and human rights law?
What are the difficulties of appealing to human rights?
The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.
Essential Java serves as an introduction to the programming
language, Java, for scientists and engineers, and can also be used
by experienced programmers wishing to learn Java as an additional
language. The book focuses on how Java, and object-oriented
programming, can be used to solve science and engineering problems.
Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.
In The Ohio State Constitution, Steven Steinglass and Gino
Scarselli provide a comprehensive and accessible resource on the
history of constitutional development and law in Ohio. This
essential volume begins with an introductory essay outlining the
history of the Ohio State Constitution and includes a detailed
section-by-section commentary, providing insight and analysis on
the case law, politics and cultural changes that have shaped Ohio's
governing document. A complete list of all proposed amendments to
the Constitution from 1851 to the present and relevant cases are
included in easy-to-reference tables along with a bibliographical
essay that aids further research. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
The Company-State rethinks the nature of the early English East India Company as a form of polity and corporate sovereign well before its supposed transformation into a state and empire in the mid-eighteenth century. Taking seriously the politics and political thought of the early Company on their own terms, it explores the Company's political and legal constitution as an overseas corporation and the political institutions and behaviors that followed from it, from tax collection and public health to warmaking and colonial plantation. Tracing the ideological foundations of those institutions and behaviors, this book reveals how Company leadership wrestled not simply with the bottom line but with typically early modern problems of governance, such as: the mutual obligations of subjects and rulers; the relationship between law, economy, and sound civil and colonial society; and the nature of jurisdiction and sovereignty over people, commerce, religion, territory, and the sea. The Company-State thus reframes some of the most fundamental narratives in the history of the British Empire, questioning traditional distinctions between public and private bodies, "commercial" and "imperial" eras in British India, a colonial Atlantic and a "trading world" of Asia, European and Asian political cultures, and the English and their European rivals in the East Indies. At its core, The Company-State offers a view of early modern Europe and Asia, and especially the colonial world that connected them, as resting in composite, diffuse, hybrid, and overlapping notions of sovereignty that only later gave way to more modern singular, centralized, and territorially- and nationally-bounded definitions of political community. Given growing questions about the fate of the nation-state and of national borders in an age of "globalization," this study offers a perspective on the vitality of non-state and corporate political power perhaps as relevant today as it was in the seventeenth century. |
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