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Books > Law > Laws of other jurisdictions & general law
This discerning book examines good governance developments in the
US and the UK, with a focus on anti-bribery efforts, recognising
that with each new major case of corporate malfeasance the
parameters of directors' duties change and expand. Taking this
expansion of roles and expectations into account, and acknowledging
the respective increase in exposure to civil, criminal and
reputational liabilities, Patrick J. O'Malley compares the
fundamental national compliance experiences of the US and UK.
Investigating anti-bribery, corporate and securities law and
guidance, this engaging book explores the systemic expectations
that directors, executive officers and compliance personnel in
public and private companies are subject to, as well as key
accountability mechanisms and enforcement actions. Analysing the
effectiveness of current law and best practice recommendations, the
author's key finding is that directors need to add value to the
business while also upholding higher societal, and ethical, values
if they wish to meet today's ever evolving standards of corporate
stewardship. Highlighting the role of directors and boards as
corporate monitors, this thought-provoking book will be a key
resource for international lawyers and practitioners working in
corporate law and business law, in-house corporate counsel,
corporate decision makers within the US, UK and globally, as well
as for international investors.
Recent years have seen a proliferation of cybersecurity guidance in
the form of government regulations and standards with which
organizations must comply. As society becomes more heavily
dependent on cyberspace, increasing levels of security measures
will need to be established and maintained to protect the
confidentiality, integrity, and availability of information; the
privacy of consumers; and the continuity of economic activity.
Compliance is a measure of the extent to which a current state is
in conformance with a desired state. The desired state is commonly
operationalized through specific business objectives, professional
standards, and regulations. Assurance services provide a means of
evaluating the level of compliance with various cybersecurity
requirements. The proposed book will summarize current
cybersecurity guidance and provide a compendium of innovative and
state-of-the-art compliance and assurance practices and tools that
can function both as a reference and pedagogical source for
practitioners and educators. This publication will provide a
synopsis of current cybersecurity guidance that organizations
should consider in establishing and updating their cybersecurity
systems. Assurance services will also be addressed so that
management and their auditors can regularly evaluate their extent
of compliance. This book should be published because its theme will
provide company management, practitioners, and academics with a
good summary of current guidance and how to conduct assurance of
appropriate compliance.
Explore and understand the underlying principles of equity &
trusts Equity & Trusts (Longman Law series), 4th Edition, by
Sukhninder Panesar, conveys the principles of equity and trusts in
an engaging manner. Key academic debates and theoretical aspects of
the subject are considered throughout this book - equipping the
undergraduate readers with an understanding of what the law is and
why it is so. New to this edition: This edition has been fully
updated with all significant legal developments in this area,
including: The Court of Appeal in Group Seven Limited & Ors v
Notable Services LLP (2019), examining the definition of dishonesty
The decision in Lewis v Tamplin (2018), in the context of a
beneficiary's right to inspect trust documents The Privy Council in
Marr v Collie (2018), looking at whether a common intention
constructive trust can arise in a commercial setting as opposed to
a family domestic setting Donatio mortis causa the decision in
Keeling v Keeling (2017) The Inheritance (Provision for Family and
Dependants) Act 1975, the decision of the Supreme Court in Ilott v
Motson (2017), considering the correct approach to determine the
award for financial provision under the 1975 Act The decision in
Santander UK v RA Legal Services (2014) and the decision in
Dreamvar (UK) Ltd v Mischon de Reya (2018) This edition is also
available as an Enhanced ebook to enrich your studying experience.
It has features like self-assessment questions with dedicated
feedback to help gauge your progress, deep links to key case
reports, statutes & other sources of interest that provide
access a wealth of wider reading, end-of-the-chapter quizzes that
give further opportunity to consolidate understanding. Sukhninder
Panesar is Head of Law at the University of Wolverhampton, with
over 20 years of teaching experience. Pearson, the world's learning
company.
Drawing on rich, empirical case studies this innovative book
provides a contemporary and comprehensive exploration of the
plural, dynamic and precarious processes, materials, practices,
interventions and relationships on social network sites, and their
resultant power effects, when copyright and data privacy rights are
at stake. In pursuit of this objective, chapters develop a
cutting-edge conceptual power lens that brings together
Actor-Network theory and Foucauldian scholarship on power. Applying
this analytical framework to the case studies of Facebook (data
protection) and YouTube (copyright), Asma Vranaki draws critical
attention to underexplored and novel matters in digital regulation.
These matters include resistance; the materiality of regulation;
complex, contingent, fragile and dynamic digital 'regulatory
spaces'; the contingency of power; law as a heterogenous
'assemblage'; the unintended consequence of local orderings; and
the links between power and spaces. Ultimately, the author
demonstrates that power effects are highly localised, precarious
and contingent outcomes of manifold, complex and fluid alliances
between diverse humans and non-humans. Advancing various
contentions on how social network sites can be successfully
regulated, the empirical analyses and multi-disciplinary approaches
in this book will prove invaluable to students, scholars and
practitioners of law, particularly those interested in regulation,
data protection and copyright in social network sites.
Oscar Wilde had one of literary history's most explosive love
affairs with Lord Alfred "Bosie" Douglas. In 1895, Bosie's father,
the Marquess of Queensberry, delivered a note to the Albemarle Club
addressed to "Oscar Wilde posing as sodomite." With Bosie's
encouragement, Wilde sued the Marquess for libel. He not only lost
but he was tried twice for "gross indecency" and sent to prison
with two years' hard labor. With this publication of the uncensored
trial transcripts, readers can for the first time in more than a
century hear Wilde at his most articulate and brilliant. The Real
Trial of Oscar Wilde documents an alarmingly swift fall from grace;
it is also a supremely moving testament to the right to live, work,
and love as one's heart dictates.
In the post-9/11 era, the nexus between organized crime and
terrorism has raised much concern and has been widely discussed in
both academic and policy circles, but is still largely
misunderstood. This critical book contributes innovatively to the
debate by distinguishing three types of nexus-interaction,
transformation/imitation and similarities-and identifying the
promoting factors of each type. With its multifaceted but
complementary chapters, the book provides conceptual and
theoretical frameworks for readers, as well as the evidence needed
to develop more realistic, effective and humane policies to tackle
organized crime, terrorism and the nexuses between them. Bringing
together a range of international multidisciplinary specialists, it
includes three comparative analyses of worldwide transfers of
personnel, weapons and money between organized crime and terrorism
and 12 case studies examining local manifestations of the nexus in
Africa, Asia, Europe and the Americas. Two other chapters further
review the national, European and international policies adopted
and implemented so far to deal with the different nexuses. This
book will be a valuable resource for researchers and policymakers
in the fields of comparative law, criminal law and justice and
public policy, who specialize in the analysis and control of
organized crime and terrorism. It will also appeal to senior law
enforcement officials and practitioners due to the counterintuitive
policy implications drawn from the comparative analysis of the
findings.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
This is a fresh and stimulating book on new challenges for civil
justice. It brings together leading experts from across the world
to discuss relevant topics of civil justice from regional,
cross-border, international and comparative perspectives. Inter
alia, this book will focus on multinational rules and systems of
dispute resolution in the era of a global economy, while also
exploring accountability and transparency in the course of civil
justice. Transnational cooperation in cross-border insolvency,
regionalism in the process of recognition and enforcement of
foreign titles, and the application of electronic technologies in
judicial proceedings, including new types of evidence also play a
major role.Technology, the Global Economy and other New Challenges
for Civil Justice is a compact and accessible overview of new
developments in the field from across the world and written for
those with an interest in civil justice.
The intangible capitalist economy, that is intellectual capitalism,
continues evolving, driven by technological innovations and various
forms of entrepreneurship. The creation of intellectual capital and
intellectual properties lies at its heart. This eagerly anticipated
book analyzes the many complex links between R&D, patents,
innovations, entrepreneurship, growth and value creation in this
process. Based on an extensive array of national empirical and
policy studies, Ove Granstrand explores a comprehensive range of
innovation and intellectual property (IP) issues that pertain not
only to Europe but to the entire world. These issues include the
role of patents and licensing in the governance of technology and
innovation, and the many uses and abuses of patents. The text also
details new IP phenomena in an increasingly patent-intensive world
with patent-rich multinationals and patent-savvy new entrants from
Asia. In a world facing challenges that call for innovative
responses, this book contains a set of valuable policy
recommendations for strengthening innovativeness for economic
growth and ultimately for social value creation. This timely book
will be a valuable resource for economics, law and management
scholars wishing to gain a thorough understanding of the topic.
Practitioners and policy-makers will also greatly benefit from
reading this volume, following up on the author's widely acclaimed
book published in 1999 The Economics and Management of Intellectual
Property: Towards Intellectual Capitalism.
This timely book offers a fresh perspective on how to effectively
address the issue of unequal access to healthcare. It analyses the
human right to health from the underexplored legal principle of
solidarity, proposing a new understanding of the positive
obligations inherent in the right to health. Combining human rights
law, public health and social theory, Eduardo Arenas Catalan
demonstrates that when interpreted in line with the principle of
solidarity, the right to health should be viewed as a
non-commercial right. Arenas Catalan argues that the right to
health's functions are to challenge the commodification of
healthcare and to advance free-of-charge public healthcare
services. Moreover, through a critical analysis of classical
jurisprudence concerning the right to health, the book delivers a
searing indictment of the effects of neoliberal capitalism and
commercialization on human rights. This thought-provoking book will
be of interest to scholars and students of law, in particular
international human rights law, public international law and legal
theory, as well as social and public health researchers and
students. Policy makers and legal practitioners will also find its
original analysis of solidarity in the context of human rights and
the law useful.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. Focusing on the adoption of the UN Guiding Principles on
Business and Human Rights (UNGPs) in 2011, this timely book charts
the field of business and human rights, finding that corporate
responsibility to respect human rights is gradually evolving into a
binding legal duty in both national and international law.
Following the structure of the UNGPs, Peter T. Muchlinski also
covers the state duty to protect against business violations of
human rights, the corporate responsibility to respect human rights
and access to remedies for corporate violations of human rights.
Key Features: A detailed, critical, appraisal of the UNGPs in their
historical, legal and political contexts Coverage of developments
in national law and policy to further the state's duty to protect
against business violations of human rights An interdisciplinary
perspective drawing on history, law, business ethics, politics, and
ideas of corporate governance with a view to introducing the field
to readers with diverse specialist backgrounds Coverage of new
directions for business and human rights including calls for new
mandatory corporate liability laws, a legally binding international
treaty and new multi stakeholder initiatives for developing
business and human rights standards This Advanced Introduction will
be a key guide for students and researchers in the fields of
business and human rights, international law and business ethics,
as well as lawyers and business managers who need an accessible
primer to business and human rights.
What happens when electric utility monopolies pursue their
acquisition interests undisciplined by competition, and
insufficiently disciplined by the regulators responsible for
replicating competition? Since the mid-1980s, mergers and
acquisitions of U.S. electric utilities have halved the number of
local, independent utilities. Mostly debt-financed, these
transactions have converted retiree-suitable investments into
subsidiaries of geographically scattered conglomerates. Written by
one of the U.S.'s leading regulatory thinkers--a litigating
attorney, regulatory advisor, expert witness and law
professor--this book combines legal, accounting, economic and
financial analysis with insights from the dynamic field of
behavioral economics. With a clear assessment of the 30-year march
of U.S. electricity mergers, the author describes the economic
losses that result when merger promoters and their transactions
face neither the discipline of competition nor the rigors of
regulation. This work is essential reading for regulatory
practitioners, consumer advocates and investment advisors--as well
as citizens concerned with concentration of economic power. The
principles explored are relevant anywhere regulated utility
monopolies have the legal right to merge, acquire or be acquired.
Drawing insights from economics and political science, Judging
Regulators explains why the administrative law of the US and the UK
has radically diverged from each other on questions of law, fact,
and discretion. This book proposes an original interdisciplinary
theory that integrates the concept of veto-gates into a strategic
model of judicial review of administrative action. It argues that
long-term changes in the number of effective veto-gates in the US
and the UK are the key to understanding the antithesis that emerged
between their administrative jurisprudence. It then forecasts the
future of Anglo-American administrative law in light of recent
destabilizing political developments, such as attempts by the US
Congress to abolish Chevron deference and the UK Supreme Court's
interventionist decision in R (on the application of Miller) v. The
Prime Minister. A crucial overview of the history and future of
administrative law, this book is critical reading for scholars and
students of public law and comparative law, particularly those
focusing on comparative administrative law in common law contexts.
Its theoretical insights will also be useful for political
scientists and economists interested in judicial politics and
regulation.
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