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Books > Law > Other areas of law
Most transport operators have little experience of the regulations surrounding the carriage of dangerous goods. The smaller operator in particular will have no point of reference to refer to in order to find out if they are legally allowed to carry dangerous goods without application of all the requirements, including the costly training of drivers. This book enables the operator to quickly and easily identify the regulatory exemptions that apply to the listed UN numbers which identify dangerous goods. The operator is able to obtain confirmation on their ability to legally carry dangerous goods within the limitations of a transport operation and does not need to seek specialist knowledge or training. It lists the UN numbers and the exemptions that apply in an easy reference format and also provides information on how to use the data within the regulatory framework.
One of the characteristics of the 'conservative religious revival' movements in Judaism, Christianity and Islam is the commitment to a scriptural text as the sole source of knowledge, and an insistence on the literal interpretation of this text. However little has been to done to investigate this phenomenon of interpretation which proposes the literal meaning as the only acceptable one. This book fills this gap with respect to Islam, looking both at literal meaning and literalism. The focus is on the tradition of Muslim legal writings: in this literature there exists a complex procedure of how to identify the literal meaning and the role it has in interpreting texts. The author also makes reference to Quranic exegesis (tafsir) and Arabic rhetorical works, since many of the ideas of legal hermeneutics were derived from these cognate traditions of learning. The overall aim is to take an important modern phenomenon (Muslim commitment to the literal meaning of the revelatory texts) and place it in an historical context. The Muslim debates analysed in the book are described through the prism of modern Western linguistic philosophy, and a chronology of the development of Muslim conceptions of literal meaning structures the book.
Dieses Open-Access Buch erlautert in einer praxisnahen Darstellung, wie sich Erbstreitigkeiten durch eine Mediation zugig und fur alle Beteiligten sehr befriedigend beilegen lassen. Auf der Grundlage ihrer jahrelangen Mediationspraxis berichten die Verfasser, warum sich erbrechtliche Konflikte in besonderer Weise fur pragmatische Kompromisse eignen und wie es gelingt, die Erben auf diesen Weg zu bringen. Das Buch versteht sich als Ratgeber fur anwaltliche Berater, Mediatoren sowie fur Erblasser und Erben und gibt vielfaltige Hilfestellungen fur kluges Konfliktmanagement in der Gestaltung und Abwicklung der Vermoegensnachfolge.
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Why do we consider incest wrong, even when it occurs between consenting adults unable to have children? Why are words that gross us out more likely to be deemed "obscene" and denied the protection of the First Amendment? In a world where a gruesome photograph can decisively influence a jury and homosexual behavior is still condemned by some as "unnatural," it is worth asking: is our legal system really governed by the power of reason? Or do we allow a primitive human emotion, disgust, to guide us in our lawmaking? In Objection, psychologists Debra Lieberman and Carlton Patrick examine disgust and its impact on the legal system to show why the things that we find stomach-turning so often become the things that we render unlawful. Shedding light on the evolutionary and psychological origins of disgust, the authors reveal how ancient human intuitions about what is safe to eat or touch, or who would make an advantageous mate, have become co-opted by moral systems designed to condemn behavior and identify groups of people ripe for marginalization. Over time these moral stances have made their way into legal codes, and disgust has thereby served as the impetus for laws against behaviors almost universally held to be "disgusting" (corpse desecration, bestiality) - and as the implicit justification for more controversial prohibitions (homosexuality, use of pornography). Written with a critical eye on current events, Lieberman and Patrick build a case for a more reasoned approach to lawmaking in a system that often confuses "gross" with "wrong."
Climate change. Telematic surveillance. The gig economy. Transgender rights at work. Food security. Native advertising. Now you can take a closer look at the hot topics impacting business law and ethics today as you examine real applications in the thought-provoking LAW AND ETHICS IN THE BUSINESS ENVIRONMENT, 9E. This edition dives into current controversies and makes classroom discussion with your instructor and peers come alive. Content prompts you to carefully consider recent, important court cases, while readings challenge you to think critically about contemporary legal and ethical dilemmas. Interactive assignments, such as role play, mock trials, and negotiation exercises, sharpen your ability to tackle tough problems and communicate effectively.
Das Recht der Personengesellschaft wird von der deutschen Literatur des 19. Jahrhunderts nach der Systematik des Grundrisses von Georg Arnold Heise (1. Aufl. 1807) nicht dem Personenrecht des Allgemeinen Teils des burgerlichen Rechts zugeordnet, und das BGB ist dem gefolgt. Zum BGB behandelt die Literatur in Ubereinstimmung mit der Legalordnung die Perso- nengesellschaft im Schuldrecht. Dem folgt selbst Gierkes Deutsches Privat- recht, wenn Gierke auch im Personenrecht des Allgemeinen Teils in dem Ka- pitel "Personenrechtliche Gemeinschaften" allgemein von den "Gemein- schaften zur gesamten Hand" und damit auch von der Gesellschaft handelt. Die Legalordnung des BGB ist in der Einordnung des Rechts der Perso- nengesellschaft dadurch bestimmt, da dem Ersten Entwurf des BGB, wie es in den Motiven heit, die "gemeinrechtliche Auffassung vom Begriffe und Wesen der Sozietat" zugrunde lag, da der Gesellschaftsvertrag "nur ein obli- gatorisches Rechtsverhaltnis unter den Kontrahenten" begrundet. Die Perso- nengesellschaft als Gesamthandsgesellschaft gehort jedoch ebenso wie die ju- ristische Person dem Personenrecht an. Man konnte sogar der Ansicht sein, da die Personengesellschaft als Personengruppe oder Personenverband noch eher als die juristische Person in das Personenrecht gehort.
This book addresses an important topic in higher education: credential fraud. This includes, but is not limited to, fake degrees, diploma mills, admissions fraud, and cheating on standardized admissions tests. The book directly addresses fake and fraudulent credentials in higher education. It explores transcript tampering and fraud in varsity athletics and discusses lazy practices in the higher education hiring processes that open the door for professors without proper credentials to get jobs in post-secondary institutions. The book also discusses how technology is being used to stop the proliferation of fake and fraudulent credentials in a variety of ways, including blockchain technology.
The Department of Defense (DOD) and the Department of Veterans Affairs (VA) play key roles in offering post-combat support to servicemembers and veterans through various programs and activities. This book identifies the number of programs, including the types of services offered that address the effects of combat on post-9/11 active-duty servicemembers and their families; help post-9/11 servicemembers and veterans transition to civilian life; and help raise public awareness and understanding of servicemembers' and veterans' combat and transition experiences.
This book provides insights into the political, social and health issues for Veterans in today's society. Chapter One explores the emotions of shame and guilt in Veterans based on research examining moral injury, survivor guilt, military sexual trauma, and stigma. Chapter Two provides an overview of agricultural initiatives in the transition and reintegration of Veterans. Chapter Three explores the political, social, and health management changes that have occurred in the field of chronic, non-cancer pain in order to provide world class service for our nation's Veterans. Chapter Four reviews the Emotional Freedom Technique to treat Veterans with Post Traumatic Stress Disorder (PTSD). Chapter Five offers suggestions based on clinical experiences for when and how to include family members in Prolonged Exposure (PE) therapy for PTSD, while maintaining fidelity to the treatment protocol. Chapter Six explores research that has been conducted upon the oral health of veterans since 2000. Chapter Seven examines potentially mutually exclusive objectives utilising the principles of beneficence and nonmaleficence in relationship to bioethics and the concept of need. Chapter Eight discusses the continued existence of ethnic disparities in health care for U.S. Veterans Affairs Emergency Departments.
VA's adaptive sports grant program distributes $8 million annually to organisations that provide sports activities for veterans and service members with disabilities. The U.S. Olympic Committee (USOC) played an intermediary role from fiscal year 2010, when the program was implemented, through 2013. USOC received funds from VA and subgranted them to selected grantees. VA is now responsible for selecting grantees and program administration. This book reviews how VA selected grantees to provide activities for veterans and service members with disabilities; how VA monitors grantees' use of funds; and what programs and activities were supported with fiscal year 2014 funds, and what is known about its benefits.
It has been three years since Congress enacted the FAA Modernization and Reform Act of 2012 (FMRA), calling for the integration of unmanned aircraft systems (UAS), or "drones," into the national airspace by September 2015. During that time, the substantive legal privacy framework relating to UAS on the federal level has remained relatively static: Congress has enacted no law explicitly regulating the potential privacy impacts of drone flights, the courts have had no occasion to rule on the constitutionality of drone surveillance, and the Federal Aviation Administration (FAA) did not include privacy provisions in its proposed rule on small UAS. This issue, however, has not left the national radar. Congress has held hearings and introduced legislation concerning the potential privacy implications of domestic drone use; President Obama recently issued a directive to all federal agencies to assess the privacy impact of their drone operations; and almost half the states have enacted some form of drone legislation. This book provides a primer on privacy issues related to various UAS operations, both public and private, including an overview of current UAS uses, the privacy interests implicated by these operations, and various potential approaches to UAS privacy regulation.
This book compares and contrasts the administration of the Post-9/11 Veterans Educational Assistance Act of 2008 enacted as Title V of the Supplemental Appropriations Act, 2008 and Federal Pell Grants, as authorized by Title IV-A-1 of the Higher Education Act (HEA). The Post-9/11 GI Bill provides educational assistance payments to eligible servicemembers and veterans, and their dependents. One of its primary objectives is readjustment of veterans to civilian life and the workforce. The federal Pell Grant program provides grant aid payments to eligible and financially needy undergraduate students, regardless of military service record. One of its primary objectives is to increase postsecondary education access of low-income individuals. This book investigates whether the administrative processes supporting Pell Grants can provide lessons for achieving more timely, efficient, and student-friendly administration of the Post-9/11 GI Bill, thus ensuring that it achieves its policy objectives with respect to educational achievement of the target population. Furthermore, the book examines the extent of overpayments made in the Post-9/11 GI Bill; how effectively VA has addressed their causes; and the effectiveness of VAs collection efforts.
The formative commentary on the new Civil Code vested with the authority of the code s authors. PD Dr. Jan Thiessen"
The laws and regulations regarding the preferences in hiring that can or must be given to veterans and certain family members are extremely complex. The preferences vary by the specific circumstances of the veterans and the hiring authorities being used. Some veterans can be non-competitively appointed, while other veterans may not be eligible for that same hiring authority, and the availability of an authority may depend on the grade of the position being filled. The right of a veteran to have his or her application considered for a position may depend on whether an agency is considering applicants who are internal to Government but outside the agency's own workforce. The degree of preference owed can vary by agency or position being filled. Under certain circumstances, the mother of a veteran may be eligible for preference, whereas the father would not be eligible. There are many other examples of how veterans may be treated differently under the law, but to put the message more simply: the laws relating to veterans' preference invite misunderstandings, confusion, perceptions of wrongdoing, and possibly actual wrongdoing -- whether intentional or inadvertent. This book discusses hiring authorities pertaining to veterans, the hiring of veterans under those authorities, and employee perceptions about veteran hiring. It also describes the statutes and pertinent case decisions for two laws designed to protect the employment rights of veterans in the civil service.
The Department of Defense (DOD) has long relied on contractors to provide the U.S. military with a wide range of goods and services, including weapons, food, uniforms, and operational support. Without contractor support, the United States would be currently unable to arm and field an effective fighting force. Understanding costs and trends associated with contractor support could provide Congress more information upon which to make budget decisions and weigh the relative costs and benefits of different military operations -- including contingency operations and maintaining bases around the world. Obligations occur when agencies enter into contracts, employ personnel, or otherwise commit to spending money. The federal government tracks money obligated on federal contracts through a database called the Federal Procurement Data System-Next Generation (FPDS). There is no public database that tracks DOD contract outlays (money spent) as comprehensively as obligations. This book examines how much money DOD obligates on contracts; what DOD is buying; and where that money is being spent. This book also examines the extent to which these data are sufficiently reliable to use as a factor when developing policy or analyzing government operations. In addition, this book provides background information and identifies issues for Congress on the use of contractors to support military operations. DOD's extensive use of contractors poses several potential policy and oversight issues for Congress and has been the focus of numerous hearings. Congress' decisions on these issues could substantially affect the extent to which DOD relies on contractors in and is capable of planning for and overseeing contractors in future operations.
Whistleblowers play an important role in safeguarding the federal government against waste, fraud, and abuse. However, reporting wrongdoing outside the chain of command conflicts with military guidance, which emphasises using the chain of command to resolve problems. Whistleblowers who make a report risk reprisal from their unit, such as being demoted or separated. DOD's Office of Inspector General's (DODIG) is responsible for conducting and overseeing military whistleblower reprisal investigations. This book examines the extent to which DOD met statutory notification and internal timeliness requirements for completing military whistleblower reprisal investigations; DODIG's whistleblower case management system supports oversight of reprisal investigations; and DOD has processes to ensure oversight of service IG-conducted reprisal investigations. It also describes best practices for conducting military reprisal and restriction intakes and investigations.
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
Non-disability mental conditions, such as personality disorders, can render a service member unsuitable for military service and can lead to an administrative separation. This book examines the extent to which the Department of Defense (DOD) and the military services are able to identify the number of enlisted service members separated for non-disability mental conditions, and the military services are complying with DOD requirements when separating enlisted service members for non-disability mental conditions, including personality disorders, and how DOD and the military services oversee such separations.
The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
This book provides background information and presents potential issues for Congress concerning the Navys ship force-structure goals and shipbuilding plans. The planned size of the Navy, the rate of Navy ship procurement, and the prospective affordability of the Navys shipbuilding plans have been matters of concern for the congressional defense committees for the past several years. Decisions that Congress makes on Navy shipbuilding programs can substantially affect Navy capabilities and funding requirements, and the U.S. shipbuilding industrial base. Moreover, in support of its mission to deter conflict or fight in wars if necessary, the Navy considers it a core responsibility to maintain a forward presenceto keep some of its fleet far from U.S. shores at all times in areas that are important to national interests. This book discusses preserving the Navy's forward presence with s smaller fleet, as well as provides an analysis of the Navy's fiscal year 2015 shipbuilding plan. Finally, it examines the long-term effect if crew rotation on forward presence.
Article I, Section 8, of the Constitution vests in Congress the power "to declare War." Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nations ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency. This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorisations for the use of force that have been enacted.
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