Public stock markets are too small. This book is an effort to rescue public stock markets in the EU and the US. There should be more companies with publicly-traded shares and more direct share ownership. Anchored in a broad historical study of the regulation of stock markets and companies in Europe and the US, the book proposes ways to create a new regulatory regime designed to help firms and facilitate people's capitalism. Through its comparative and historical study of regulation and legal practices, the book helps to understand the evolution of public stock markets from the nineteenth century to the present day. The book identifies design principles that reflect prior regulation. While continental European company law has produced many enduring design principles, the recent regulation of stock markets in the EU and the US has failed to serve the needs of both firms and retail investors. The book therefore proposes a new set of design principles to serve contemporary societal needs.

The achievement of financial stability is one of the most pressing issues today. This timely and innovative book provides an analytical framework to assess financial (in)stability as an equilibrium phenomenon compatible with the orderly functioning of a modern market economy. The authors expertly show how good regulatory policy can be implemented and that its effects on the real as well as the nominal side of the economy can be properly analyzed. The core of their approach is to take realistic account of the interaction between endogenous default, agent heterogeneity and money and liquidity, and suggest how a quantifiable metric of financial fragility could be developed. This insightful book will serve as a basis for future work on financial stability management for both academics and policy makers and provide guidance on how to undertake crisis prevention and resolution.

This collection analyses the place and the functioning of interparliamentary cooperation in the EU composite constitutional order, taking into account both the European and the national dimensions. The chapters join the recent scholarship on the role of parliaments in the EU after the Treaty of Lisbon.The aim of this volume is to highlight the constitutional significance of interparliamentary cooperation as a permanent feature of EU democracy and as a new parliamentary function as well as to investigate the practical side of this relatively new phenomenon. To this end the contributors are academics and parliamentary officials from all over Europe. The volume discusses the developments in interparliamentary cooperation and its implications for the organisation and procedures of national parliaments and the European Parliament, for the fragmented executive of the EU, and for the democratic legitimacy of the overall EU composite Constitution. These issues are examined by looking at the European legislative process, the European Semester and the Treaty revisions. Moreover, the contributions take into account the effects of interparliamentary cooperation on the internal structure of parliaments and analyse the different models of interparliamentary cooperation, ie from COSAC to the new Interparliamentary Conference on Stability, Economic Coordination and Governance in the European Union provided by the Fiscal Compact.

Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Ruffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.

California Adoption Law and Procedure explains the law governing contested adoptions. It covers the four types of adoptions (independent, agency, stepparent and intercountry), and briefly discusses those aspects of guardianship and juvenile dependency law which relate to adoptions. This book explores the "best interests of the child" and the home study process. It also seeks to explain "consent," whose consent must be obtained, and whether consent may be revoked. The book further describes the roles of attorneys, adoption service providers, adoption facilitators, adoption agencies and governmental agencies. It seeks to clarify the rights of the adoptive parents, the child, and of third parties, whether or not a Postadoption Contact Agreement is in place. This text discusses interstate conflicts and how laws such as the Uniform Child Custody Jurisdiction and Enforcement Act operate. It also covers the new federal statutes and regulations which implement the Hague Convention on Intercountry Adoption. Prof. Everett L. Skillman is a member of the adjunct faculty at the University of San Diego School of Law. He and his wife Shelley were foster parents for three years and adoptive parents for 12 years after that. At seminars conducted by social services agencies and private agencies, Prof. Skillman had the good fortune of meeting many wonderful, committed fellow foster parents, and learning how they overcame a wide variety of challenges. Prof. Skillman has been licensed to practice law since 1990; he has taught several courses on Adoption Law; he has helped many others complete their adoptions; and he has been certified since 2000 by the California State Bar as a specialist in appellate law.

The advancement of information and communication technology has led to a multi-dimensional impact in the arenas of law, regulation, and governance. The laws, rules and regulations of the digital domain remain a challenge with the transformation of technology. The Constitution of many countries have declared data protection as a fundamental right. Such a trend is evident not only by the current reform of data protection law aimed at modernizing the global regulatory framework but also by the judiciary in landmark judgments. Furthermore, the legal domain must face many challenges with the speed of technological innovations due to abject global latitude, massive scale of content exchange and data collection, and the relative secrecy issues of internet users. Thus, it is essential to continue discussions involving policies and law that regulate and monitor these activities and anticipate new laws that should be implemented to protect users. This book will focus on the complex relationships of technology and law, both in terms of substantive legal responses to legal, social, and ethical issues arising in connection with growing public engagement with technology and the procedural impacts and transformative potential of technology on traditional and emerging forms of dispute resolution. This book will also provide a broader foundation upon which academics and professionals in the fields could improve current security activities and contribute to the protection of the nation.

Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with the talk that occurred between citizens and elected officials in legislative hearings considering whether to revise state marriage laws. The book's analysis spans ten years, beginning with the U.S. Supreme Court's overturning of sodomy laws in 2003 and ending in 2013 when the U.S. Supreme Court declared the federal government's Defense of Marriage Act (DOMA) unconstitutional, and it particularly focuses on how social change was accomplished through and reflected in these law-making and law-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle " was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.

Originally published: London: William Du-Gard, 1652. xlvi], 500, 10], 37 pp. Reprint of the first edition in English. Mare Clausum (Dominion of the Sea) is the most famous British reply to the argument of Grotius's Mare Liberum, which denied the validity of England's claim to the high seas south and east of England. John Selden 1584-1654] argued that England's jurisdiction extends, in fact, to all waters surrounding the isles. His use of common-law principles to rebut Grotius's philosophical argument is quite impressive. Holdsworth notes that his case was enriched by "a vast historical knowledge, replete with references to the customs of peoples from the times of the Greeks to his time." Holdsworth, A History of English Law V: 10-11.

Title 3 presents regulations for the handling and dissemination of Presidential documents and the standards of conduct, public information provisions, and the enforcement of non-discrimination on the basis of handicap applicable to the Executive Office of the President. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.

This comprehensive book offers a thorough exposition and analysis of all aspects of the dissolution and restoration of companies. Considering all relevant UK legislation and case law, it examines the ways in which companies are both dissolved and restored, the issues that may arise in these processes, and the effects this has on the company and third parties. Key Features: Explanation of the processes leading to dissolution and restoration of companies Examination of the general and particular effects of dissolution and restoration on a company and other related and non-related parties Identification and analysis of the most important issues related to dissolution and restoration, with reference to leading cases in the area Background information that provides an understanding of the role and effect of dissolution and subsequent restoration of some companies to the register of companies Dissolution and Restoration of Companies will be invaluable for solicitors advising clients and dealing with the processes involved in dissolution and restoration, as well as barristers interested in the issues raised and related case law. It will also be useful for insolvency practitioners, and for academics working in corporate and insolvency law.