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Books > Law > Laws of other jurisdictions & general law
Title 8 presents regulations governing the process and procedures
which impact immigration and naturalization. Additions and
revisions to this section of the code are posted annually by
January. Publication follows within six months.
John Rebus stands accused: on trial for a crime that could put him
behind bars for the rest of his life. Although it's not the first
time the legendary detective has taken the law into his own hands,
it might be the last. What drove a good man to cross the line? Or
have times changed, and the rules with them? Detective Inspector
Siobhan Clarke faces Edinburgh's most explosive case in years, as a
corrupt cop goes missing after claiming to harbour secrets that
could sink the city's police force. But in this investigation, it
seems all roads lead to Rebus - and Clarke's twin loyalties to the
public and the police will be tested to their limit. A reckoning is
coming - and John Rebus may be hearing the call for last orders...
This Research Handbook explores issues related to the principle of
exhaustion of intellectual property rights. To date, the
application of this principle continues to vary from country to
country, and there is increasing pressure to clarify the extent of
its application both at the national level and in the context of
international trade with respect to parallel imports. Notably, from
the Americas to the European Union, Asia-Pacific, and Africa,
courts and policy makers are asking similar questions: Should
exhaustion apply at the national, regional, or international level?
Should parallel imports be considered lawful imports? Should
copyright, patent, and trademark laws follow the same regime?
Should countries attempt to harmonize their approaches? To what
extent should living matters and self-replicating technologies be
subject to the principle of exhaustion? To what extent have the
rise of digital goods and the 'Internet of things' redefined the
concept of exhaustion in cyberspace? The goal of this book is to
explore these questions. The book also highlights how a one-size
answer may not fit all the current challenges that the courts and
policy makers are facing in this area. This Research Handbook will
be of interest to academics, judges and other practitioners looking
for an in-depth study on the topic, offering both of detailed
analysis of the current state of play, and a discussion of the
challenges that arise on a global scale. Contributors include: F.M.
Abbott, I. Calboli, V. Chiappetta, A.G. Chronopoulos, C.M. Correa,
J.I. Correa, J. Drexl, S. Frankel, D.J. Gervais, S. Ghosh, C.
Heath, R.M. Hilty, A. Katz, B. Kim, M. LaFrance, E. Lee, Y.J.
Liebesman, K.-C. Liu, N.-L.W. Loon, S.M. Maniatis, K.E. Maskus,
P.-E. Moyse, Y. Pai, A. Perzanowski, J.H. Reichmann, J.A.
Rothchild, J. Schultz, C.M. Stothers, M. Trimble, M.S. Van
Houweling, S.R. Wasserman Rajec, G. Westkamp, B. Wilson, C. Yin, X.
Yu
Important and original, this book presents an entirely new way of
understanding Technology - as the successor to the dominant
ideologies that have underpinned the thought and practices of the
West. Like Deity, State and Market, Technology displays the
features of a modern myth, promising to deal with our existential
concerns by creating a fully empowered sense of the individual on
condition of our subjection to it. David Grant and Lyria Bennett
Moses examine the dynamics of each of these ideologies, showing how
Technology shares their mythological characteristics. They argue
that this new myth has not only dominated science to establish its
credentials but, utilising robust empirical evidence, they show how
law has been imbued with mythological thinking. Demonstrating that
law adopts a mythological approach in attempting to regulate
technology, they argue that the pathway out of this mythological
maze is to establish a new sense of political, corporate and
personal self-responsibility. Students and scholars working in the
field of emerging technologies and their relationship to politics,
corporations, science, law, ethics, and any combination thereof,
will find herein a wealth of new directions for their studies.
Legal theorists and legal philosophers in particular will find much
food for thought in the presentation of this new paradigm.
In April 2021, the Court of Appeal quashed the convictions of 39
former Subpostmasters and ruled their prosecutions were an affront
to the public conscience. They were just a few of the hundreds who
had been prosecuted by the Post Office using IT evidence from an
unreliable computer system called Horizon. When the Post Office
became aware that Horizon didn't work properly, it covered it up.
The Great Post Office Scandal is the story of how these innocent
people had their lives ruined by a once-loved national institution
and how, against overwhelming odds, they fought back to clear their
names. Gripping, heart-breaking and enlightening, The Great Post
Office Scandal should be read by everyone who wants to understand
how this massive miscarriage of justice was allowed to happen.
Cell phone apps share location information; software companies
store user data in the cloud; biometric scanners read fingerprints;
employees of some businesses have microchips implanted in their
hands. In each of these instances we trade a share of privacy or an
aspect of identity for greater convenience or improved security.
What Robert M. Pallitto asks in Bargaining with the Machine is
whether we are truly making such bargains freely - whether, in
fact, such a transaction can be conducted freely or advisedly in
our ever more technologically sophisticated world. Pallitto uses
the social theory of bargaining to look at the daily compromises we
make with technology. Specifically, he explores whether resisting
these 'bargains' is still possible when the technologies in
question are backed by persuasive, even coercive, corporate and
state power. Who, he asks, is proposing the bargain? What is the
balance of bargaining power? What is surrendered and what is
gained? And are the perceived and the actual gains and losses the
same - that is, what is hidden? At the center of Pallitto's work is
the paradox of bargaining in a world of limited agency. Assurances
that we are in control are abundant whether we are consumers,
voters, or party to the social contract. But when purchasing goods
from a technological behemoth like Amazon, or when choosing a
candidate whose image is crafted and shaped by campaign strategists
and media outlets, how truly free, let alone informed, are our
choices? The tension between claims of agency and awareness of its
limits is the site where we experience our social lives - and
nowhere is this tension more pronounced than in the surveillance
society. This book offers a cogent analysis of how that complex,
contested, and even paradoxical experience arises as well as an
unusually clear and troubling view of the consequential compromises
we may be making.
The book provides an analytical exposition of the law concerning
directors’ liability for the losses sustained by their
companies’ creditors, when the directors’ companies are in
financial distress or become insolvent. It is a detailed one-stop
resource for obtaining a good understanding of the law which has
developed from legislation and case law. In particular, there is a
detailed consideration of what needs to be proved, what defences
there are, and what might be the issues of concern for all parties.
A doctrinal method is adopted and there is extensive analysis of
the relevant legislation and case law. Rather than merely referring
to cases to support propositions, the discussion considers many of
the cases in context and in depth and their relevance to the aim of
the book. The book also endeavours to provide views, in a practical
way, on aspects of the law and it identifies problems and how they
may be addressed. Of interest to legal practitioners and insolvency
practitioners alike, in addition the book will be useful to
directors, government officials and academics.
The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.
Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.
This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.
In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.
Chapter 8 of the Basic Conditions of Employment Act 75 of 1997,
allows the Minister of Labour to promulgate minimum conditions of
employment for employees in specific sectors or areas, in the form
of Sectoral Determinations. Sectoral Determination 6 sets out
minimum conditions of employment in the South African Private
Security Sector, a sector employing over 500 000 active security
officers, with 1 500 000 registered security officers, and over 9
000 active employer security companies. This book presents a
non-legalistic commentary on the specific minimum conditions of
employment applicable to persons employed in South Africa as
security officers. The key provisions of the Sectoral Determination
are covered in a systematic manner, with Key Point summaries at the
end of each section. Understanding Sectoral Determination 6:
Private Security also contains the text of the legislation.
Understanding Sectoral Determination 6: Private Security forms part
of the Juta's Pocket Companions series, to complement Juta's highly
successful Pocket Statutes series.
Europe has reached a crisis point, with the call for
self-determination and more autonomy stronger than it ever has
been. In this book, renowned international lawyers give a detailed
account of the present state of international law regarding
self-determination and autonomy. Autonomy and Self-Determination
offers readers both an overview of the status quo of legal
discussions on the topic and an identification of the most
important elements of discussion that could direct future legal
developments in this field. This is done through the examination of
key issues in abstract and in relation to specific cases such as
Catalonia, Italy and Scotland. The book extends past a simple
assessment of issues of autonomy and self-determination according
to a traditional legal viewpoint, and rather argues that utopian
international law ideas are the breeding ground for norms and legal
institutions of the future. This insightful book will be an
invaluable read for international lawyers and political science
scholars. It provides a clear, yet detailed, analysis of the issues
Europe is facing regarding autonomy and self-determination in the
face of historical context, also making it a useful tool for
European history scholars. Contributors include: X. Arzoz, A.
Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R.
Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D.
Turp
This edition of Kernick's Administration of estates and drafting of
wills follows the same approach that has made it, for nearly thirty
years, so indispensable to busy legal practitioners and candidate
attorneys. It sets out, in chronological order, the steps to be
followed in administering deceased estates, of both residents and
non-residents. In addition, the effects of the Moseneke and Bhe
cases and the establishment of service points are dealt with in
this edition. Forms, standard documents and specimen letters have
also been updated.
No single-volume publication brings together as many diverse and
stimulating perspectives on secured financing law as does this EE
Research Handbook. Its great strengths are asking hard questions
and recognizing how difficult reform is. Contributors report on
what works (and what doesn't), drawing on evidence from legal
systems less often studied in this context (e.g., Brazil, Morocco).
I cannot imagine a researcher in the field who would not be
intrigued by analysis of such issues as access of women to secured
financing, constraints Shari ah places on use of security devices,
and reasons for Russia's meandering path to modernization.' - Peter
Winship, SMU Dedman School of Law, USThis cutting-edge Handbook
presents an overview of research and thinking in the field of
secured financing, examining international standards and best
practices of secured transactions law reform and its economic
impact. Expert contributors explore the breadth and depth of the
subject matter across diverse sectors, and illustrate the choices
and trade-offs that policy makers face via a number of illuminating
case studies. The book explores groundbreaking research across a
comprehensive range of sectors and countries, including new,
original analysis of Shari'ah compliant collateral regimes and
improved access to finance for women. A diverse group of experts
offer cutting-edge points of view as well as case studies from
England and Wales, Morocco, Russia and Romania. The result is a
unique and wide-ranging examination of secured transactions reform
across the world and a valuable resource for researchers,
government and development agencies, banks, and law firms.
Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R.
Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O.
Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen,
A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari,
J.-H. Roever, M. Uttamchandani, K. van Zwieten, P.R. Wood
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