Das Gesundheitswesen leidet an Ressourcenknappheit, die Diskrepanz zwischen dem medizinisch Machbaren und dem tats chlich Finanzierbaren w chst. Der Band behandelt zwei der zentralen rechtlichen Problemfelder, die sich daraus ergeben: die M glichkeiten der Rationierung medizinischer Leistungen sowie die Konfliktlinien zwischen Arzthaftungs- und Sozialversicherungsrecht. Ziel der Studie ist es, einen verfassungskonformen Ansatz f r die Zuteilung knapper Ressourcen zu entwickeln und eine Harmonisierung der verschiedenen Teildisziplinen zu erreichen.

Since publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales. This latest edition has been fully revised throughout. Much of the content has been completely rewritten to cover the substantial changes to the Regulations since publication of the 13th edition, to ensure it continues to provide the detailed guidance needed by all those concerned with building work, including architects, building control officers, Approved Inspectors, Competent Persons, building surveyors, engineers, contractors and students in the relevant disciplines.

The conference of our European Institute for social security was held from the 16th till the 19th of October 1980 in Peruggia. As usual the theme of the Conference was the same of that of the preparatory Colloque held in Brussels in 1979: Social security reforms in Europe. The reports of that Colloque were published as Part I I of the Yearbook 1978-1980. Part I of the Yearbook 1980-1981 contains the reports presented in Peruggia. The reports are focussed on three items: The financing of social security (J.P. Launay, Jan B.M. Pierik, Jcentsrn Henrik Petersen and Guy Perrin); The social benefits (Bernd Schulte and Sven Guldburg) and The organization of social security (A.J. Ogus, A. Berenstein and Jef van Langendonck) . The Yearbook contains also two national reports (M. Magrez and Asbj rn Kjcentsnstad), not available to be included in Yearbook I I 1978-1980. Finally the Yearbook contains a report from Guy Perrin on the social security problems of migrant workers and the synthesis report of Pasquale Sandulli. It's a pity that we could not include the report of Lucia Vitali, Le prestazini per inval idita nel sistema ital iano di sicurezza sociale: un anal isi economica, and the report of the Region of Umbria since there was no English or French translation available. The Institute once again wants to express its sincere gratitude to Pasquale Sandull i and his collegues for the adequate way in which they organized the confer

This monograph is principally the work of the late Martin Norr. He completed a draft of the entire monograph but had not yet revised it when he died in late 1972. At that time, the integration of corporate and shareholder taxation was just beginning to become of widespread interest in the United States. With the increasing interest thereafter, the International Tax Program began to revise his manuscript, making as few changes as possible in the original draft. We had the benefit of criticism and analysis from Professor Richard M. Bird of the University of Toronto, now Director of the Institute of Policy Analysis there. In addition, Mr. Mitsuo Sato of the Ministry of Finance in Japan gave freely of his time in carefully suggesting changes throughout the manuscript. The present version of Chapter 3 owes a great deal to his additions and suggestions. Thanks are also due to Professor Hugh J. Ault of Boston College Law School for the Appendix, containing his description of the German integration system that became effective in 1977, which was first published in Law & Policy in International Business. Mr. Norr's interest in the subject of corporate and shareholder taxation developed while he was writing the International Tax Program's World Tax Series volume Taxation in France, published in 1966. The integration of French taxes on corporations and shareholders took place just after that volume was finished, but had been under discussion in France for some time before then.

This volume presents articles on economic issues in the Holy Roman Empire. The specific themes examined here are monetary and regulatory policy, fundraising through lottery games, trade and trade prohibitions, guilds, allodification of military tenure, limitation of liability for women in the case of bankruptcy and corruption at the Imperial Chamber.

The Col loque of our European Institute for social security to prepare the Conference in the Hague on the social security and the economic crisis was held from the 17th ti 11 the 19th of September in Toledo. Part II of the Yearbook 1980-1981 contains the reports presented in Toledo. The reports are focussed on the over a 1 economic situation (Richard Draperie); the specific problems of Pensions (Bernd Schulte); the cost of medical care (Leo Crijns); unemployment insurance (Joachim Volz); the social minimum (Andre Laurent) and two special reports on the economic crisis and social security. Finally it contains my own synthesis report. Al 1 the participants had the opinion that the colloque created a fruitful 1 basis for a further in depth discussion in the Hague in 1982. The Institute once again wants to express its sincere gratitude to Antonio Chozas and his colleques for the excellent and adequate way in which they organised the colloque."

"Law and the Built Environment" is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals.

It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.

This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam.
Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.

Gutachten zu Fragen des Zivilrechts und des Offentlichen Rechts haben in der Praxis der forensischen Psychiatrie eine erhebliche Bedeutung. Sie erfordern einerseits Spezialwissen zu dem jeweiligen Fall" und andererseits die enge Zusammenarbeit von Psychiatern und Juristen. Das Buch behandelt Fragen des Zivilrechts und des Offentlichen Rechts deshalb sowohl aus juristischer wie psychiatrischer Perspektive. Erortert wird auch die Stellung des psychiatrischen Sachverstandigen im Zivilprozess und im Verfahren der freiwilligen Gerichtsbarkeit."

Geistiges Eigentum ist eine Schl sselressource. Im Zeitalter von Digitalisierung und Globalisierung ist sein Schutz gleichwohl in eine Akzeptanzkrise geraten. Die Frage, ob Patentrecht und Urheberrecht einen berechtigen Kern aufweisen oder aber Ausbeutungstitel verschaffen, stellt sich in vielen Bereichen besonders nachhaltig, so etwa im Hinblick auf die Biotechnologie oder auf Software. Der vorliegende Band dokumentiert die Ergebnisse eines Dialogs zwischen Praxis und Wissenschaft zu diesen umstrittenen Themen.

Das TRIPS-Abkommen hat das geistige Eigentum in ein Reziprozitatsverhaltnis zur Handelspolitik gestellt, aus dem es die heute in der WIPO verwalteten multilateralen Abkommen ein Jahrhundert zuvor geloest hatten. Muss es die WIPO nun hinnehmen, dass das geistige Eigentum zur Sanktionierung von WTO-Verstoessen in Anspruch genommen wird? Kann der Schutz geistigen Eigentums parallel vor dem IGH und dem Streitschlichtungsverfahren der WTO eingeklagt werden? Und ist die WTO das geeignete Forum, der Weltwirtschaft einen positiven Ordnungsrahmen zu geben? Diesen Fragen widmet sich die vorliegende Arbeit, die uber den unmittelbaren Gegenstand hinaus allgemeine Ansatze zum Umgang mit konkurrierenden Vertragsordnungen in der Voelkerrechtsordnung liefert.

The present volume reproduces with slight changes the course of lectures given at The Hague in 1972 under the title of "The General Principles of Private International Law." The substance of these lec tures has remained unaltered, but a number of insertions serve to cor rected some formal mistakes and misprints, added references to literature, some older, some more recent, without attempting to be exhaustive, and modified and supplemented the former exposition in two respects, where subsequent criticisms called for a review. The first concerns the place of public policy in Public International Law, the second deals with spatially-"

Gratian the Theologian shows how one of the best-known canonists of the medieval period was also an accomplished theologian. Well into the twelfth century, compilations of Church law often dealt with theological issues. Gratian's Concordia discordantium canonum or Decretum, which was originally compiled around 1140, was no exception, and so Wei claims in this provocative book. The Decretum is the fundamental canon law work of the twelfth century, which served as both the standard textbook of canon law in the medieval schools and an authoritative law book in ecclesiastical and secular courts. Yet theology features prominently throughout the Decretum, both for its own sake and for its connection to canon law and canonistic jurisprudence. This book provides an introduction to and reassessment of three aspects of Gratian's theology: his use of the Bible and biblical exegesis; his penitential theology; and his handling of the other sacraments and the liturgy. The manuscript discoveries and methodological breakthroughs of the past few decades have rendered older accounts of Gratian's theology obsolete. This book reappraises Gratian's theological views and doctrines in light of recent scholarly advances, particularly the discovery of new theological sources that Gratian appears to have known and used and the discovery of the first recension of the Decretum, which differs in significant ways from the considerably longer vulgate text that scholars have traditionally relied upon. In the process, this book also uncovers new evidence concerning Gratian's intellectual background and milieu and provides new insights into the Decretum's composition, structure, and development. Ultimately, this book does more than just enhance our understanding of Gratian the theologian. It also contributes significantly to our knowledge of Gratian the jurist and to the world of theology and law in which he worked.

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

The essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks. Specific technologies such as autonomous robotic systems, unmanned aerial vehicles, cybersecurity and cyberconflict, and biotechnology are highlighted, but the essays are chosen so that the broader implications of fundamental systemic change are identified and addressed. Additionally, an important consideration with many of these technologies is that even if they are initially designed and intended for military or security applications, they inevitably spread to civil society, where their application may raise very different ethical questions around such core values as privacy, security from criminal behaviour, and state police power. Accordingly, this volume is of interest to students of military or security domains, as well as to those interested in technology and society, and the philosophy of technology.

***BUSINESS BOOK AWARDS 2022 SHORTLISTED TITLE*** Starting a business is one of the most exciting things you can do. It's also one of the most daunting. There's so much that can go right, and so much that can go wrong. That's why you need to understand and minimise the legal and commercial risks involved. When your new business is built on rock, you can relax in the knowledge that you won't lose access to life-changing opportunities or waste time and energy on fighting legal challenges. Instead, you're free to get on with what you do best - coming up with fresh ideas, finding ways to make them a reality, and selling your products or services to an ever-expanding customer base. This book makes the complicated aspects of start-up law simple. In everyday language, it walks you through the key legal and commercial considerations. Setting up your corporate structure for maximum advantage Discovering your risks and how to minimise them Finding out the best sources of investment Learning how to value your company Negotiating with investors for long-term success MICHAEL BUCKWORTH is a qualified solicitor of the Supreme Court of England and Wales, and the founder of Buckworths (www.buckworths.com), the only law firm in the UK working exclusively with start-ups and high-growth businesses. He has a passion for entrepreneurialism, and has advised countless start-ups over the last ten years. He's been 'entrepreneur in residence' at London South Bank University and University College, London, for several years, and is a regular speaker at industry events.

This book offers a new theoretical perspective on the thought of the great fifteenth-century Egyptian polymath, Jalal al-Din al-Suyuti (d. 1505). In spite of the enormous popularity that al-Suyuti's works continue to enjoy amongst scholars and students in the Muslim world, he remains underappreciated by western academia. This project contributes to the fields of Mamluk Studies, Islamic Studies, and Middle Eastern Studies not only an interdisciplinary analysis of al-Suyuti's legal writing within its historical context, but also a reflection on the legacy of the medieval jurist to modern debates. The study highlights the discursive strategies that the jurist uses to construct his own authority and frame his identity as a superior legal scholar during a key transitional moment in Islamic history. The approach aims for a balance between detailed textual analysis and 'big picture' questions of how legal identity and religious authority are constructed, negotiated and maintained. Al-Suyuti's struggle for authority as one of a select group of trained experts vested with the moral responsibility of interpreting God's law in society finds echoes in contemporary debates, particularly in his native land of Egypt. At a time when increasing numbers of people in the Arab world have raised their voices to demand democratic forms of government that nevertheless stay true to the principles of Shari'a, the issue of who has the ultimate authority to interpret the sources of law, to set legal norms, and to represent the 'voice' of Shari'a principles in society is still in dispute.

In the late fourth century, in the absence of formal church councils, bishops from all over the Western Empire wrote to the Pope asking for advice on issues including celibacy, marriage law, penance and heresy, with papal responses to these questions often being incorportated into private collections of canon law. Most papal documents were therefore responses to questions from bishops, and not initiated from Rome. Bringing together these key texts, this volume of accessible translations and critical transcriptions of papal letters is arranged thematically to offer a new understanding of attitudes towards these fundamental issues within canon law. Papal Jurisprudence, c.400 reveals what bishops were asking, and why the replies mattered. It is offered as a companion to the forthcoming volume Papal Jurisprudence: Social Origins and Medieval Reception of Canon Law, 385-1234.

For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.

In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US-possessor of the world's most powerful cyber arsenal-responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace-albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.

Einstweiliger Rechtsschutz gewinnt auch im internationalen Zivilverfahrensrecht zunehmend an Bedeutung. Dessen Behandlung nach deutschem und franzoesischem internationalen Zivilverfahrensrecht ist Gegenstand der Untersuchungen dieser Arbeit. Vorangestellt ist eine Betrachtung und der Vergleich der Regelungen des autonomen Rechts beider Staaten. Den Schwerpunkt bildet sodann die Betrachtung des einheitlichen europaischen internationalen Zivilprozessrechts, das in beiden Staaten Anwendung findet. Dieses wurde unlangst durch die Verordnung Nr. 44/2001 des Rates, die so genannte Europaische Gerichtsstands- und Vollstreckungs-Verordnung (EuGVVO), reformiert und teilweise neu gefasst. Der einstweilige Rechtsschutz hat dabei nur in geringem Masse eine ausdruckliche Regelung erfahren. Die diesbezuglichen Vorgaben der EuGVVO und die zur EuGVVO und dem EuGVUE ergangene Rechtsprechung werden in der Arbeit umfassend analysiert und kommentiert.