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Consumer credit information systems are the tools used by the majority of lenders to manage credit risk, with lenders accessing…
credit reference databases managed by third party providers to evaluate a consumer‘s credit application. So far, the subject of consumer credit reporting has been left to the predominant attention of the economic and businServing Whose Interests?: The Political Economy of Trade in Services Agreements
By Jane Kelsey. 2008
Serving Whose Interests? explores the political economy of trade in services agreements from a critical legal perspective. The controversy surrounding the…
General Agreement on Trade in Services (GATS) and its variants at the regional and bilateral levels can, it is argued, be seen as a clash between two paradigms. For most of the twentietWar Crimes Tribunals and Transitional Justice: The Tokyo Trial and the Nuremburg Legacy
By Madoka Futamura. 2008
Advocates of theNuremberg legacy emphasize the positive impact of the individualization of responsibility and the establishment of an historical record…
through judicial procedures forwar crimes. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as wellCriminal Liability for Non-Aggressive Death
By Sally Cunningham. 2008
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of…
another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.A Basic Guide to International Business Law
By Keizer Jan, Weavers Harm. 2008
A Basic Guide to International Business Law is an introduction to those parts of European and international law that are…
relevant to business. Having read this book, students will come away with a broad understanding of the international rules of law within the EEC, institutional rules of the European Union, international contract law, rules of competition and the four freedoms within the EEC. The edition includes student friendly features, such as summaries of statements and references to relevant case law, making the book an ideal introduction for those on law and/or business programmes.Preparing Construction Claims
By Stephen C. Hall. 2018
Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques…
and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.Jurisprudence: Realism in Theory and Practice (The civilization Of The American Indian Ser. #21)
By Karl Llewellyn. 2008
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the…
fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.The Pillars of Global Law
By Giuliana Ziccardi Capaldo. 2008
This book deals with the transformation of the international legal system into a new world order. Looking at concepts and…
principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.Business Law
By Jane Mallor, Arlen Langvardt, Martin McCrory, A. Barnes, Jamie Prenkert. 2016
Mallor, Barnes, Bowers and Langvardt’s, Business Law: The Ethical, Global, and E-Commerce Environment, 12th Edition, is appropriate for the two-term…
business law course. The cases in the 12th edition are excerpted and edited by the authors. The syntax is not altered, therefore retaining the language of the courts. As in the 11th edition, the 12th edition includes a mix of actual AND hypothetical cases. The title has been changed to reflect a new focus of the book – the global and Internet environment. Business Law: The Ethical, Global, and E-Commerce Environment, 12e includes new pedagogy such as opening vignettes and new-boxed features such as “Ethics in Action” and “Cyberlaw in Action.” This combined with case briefs and concept reviews, along with some reorganization of the text results in a more complete, relevant and user-friendly text.Fraud and Misconduct in Biomedical Research, 4th edition
By Frank Wells, Michael Farthing. 2008
Now in its fourth edition, Fraud and Misconduct in Biomedical Research boasts an impressive list of contributors from around the…
globe and introduces a new focus for the book, transforming it from a series of monographs into a publication that will quickly become an essential textbook on all areas of research fraud and misconduct.Key features incluComparative Deviance: Perception and Law in Six Cultures
By Marvin E. Wolfgang, Graeme R. Newman. 2008
"Comparative Deviance" represents a systematic attempt to survey public perceptions of deviant behavior cross-culturally: in India, Indonesia, Iran, Italy, Yugoslavia…
and the United States. There is extensive diversity in both law and perception concerning such deviances as taking drugs, homosexuality, and abortion, yet there is evidence for a basically invariant structure in perception of deviance across all cultures. Within the countries studied in this volume, Geraeme Newman discovers that the strength of religious belief and urban rural background accounted for major differences in the perception of deviance - when differences were identified.Contrary to popular academic opinion in the United States, Newman finds that those countries with the most liberal laws on deviance (i.e., the least punitive sanctions) are also those highly economically developed and least totalitarian (United States and Italy). But when public opinion is considered, the public favors harsher punishments than the law provides. In contrast, in the developing countries of India, Iran and Indonesia, where penal sanctions are more severe, public opinion is much more liberal. The crucial question is the role criminal law plays in the process of modernization: whether law is a stable cultural influence, round which public opinion wavers in a startling fashion, depending on the stage of modernization.These findings challenge many assumptions of conflict theory in sociology, of cultural relativism in anthropology, and of ethical relativism in moral philosophy. All findings are examined in relation to research on modernization, social development, and the evolution of law. These fundamental issues are thus important to many different disciplines across the board.Just a Number: An International Legal Analysis on Age Discrimination
By Anne-Marie Mooney Cotter. 2008
Whilst workers' organizations and third-party analysts around the world commonly cite age as the most prevalent form of discrimination in…
the workplace, age discrimination has not had the same high profile as discrimination on grounds of sex or race. This book allows readers to better understand the issue of ageism and inequality. It examines the primary role of legislation and court process in combating age discrimination at both national and international levels. Including the role of NAFTA and the EU in this respect, it also provides a detailed examination of the relationship between age issues and the law, and will be an important resource for those involved in age discrimination and elder rights.The Law of Intervening Causation
By Douglas Hodgson. 2008
Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a…
comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.Dictionary of Forensic Psychology
By David P. Farrington, Graham J. Towl, David A. Crighton, Gareth Hughes. 2008
Over the past decade, forensic psychology has grown rapidly as a subject, with an increasing number of forensic psychologists working…
in demanding roles in prisons, secure training facilities, and high, medium and low security healthcare facilities as well as other parts of the criminal justice system. This Dictionary is designed to meet the needs of both students and practitioners. It contains approximately 100 entries on key terms and concepts, arranged alphabetically and contributed by leading academic and practicing forensic psychologists.Demanding Sex: Critical Reflections On The Regulation Of Prostitution
By Marina Della Giusta. 2008
Interrogating supply/demand from an inter- and multi-disciplinary perspective, this collection broadens engagement beyond the routine analysis of the locus of…
violence in prostitution and the validity of the prostitute's consent. A focus on the supply/demand dynamic brings into play a range of other societal, economic and psychological factors such as the social construction of sexuality, the viability of alternative choices for prostitutes and clients, and the impact of regulatory regimes on the provision of sexual services. The factors which underlie each component of the supply/demand dyad are also studied and an examination is made of their dynamic interrelation. The collection emphasizes the importance of rendering policy makers alert to the evidence emerging from empirical studies conducted in different fields of enquiry, in the hope of moving beyond polarity and politics at the local, national and international level.The law has long been interested in marriage and conjugal cohabitation and in the range of public and private obligations…
that accrue from intimate living. This collection of classic articles explores that legal interest, while at the same time locating marriage and cohabitation within a range of intimate affiliations. It offers the perspectives of a number of international scholars on questions of how, if at all, our different ways of intimacy ought to be recognised and regulated by law.A Companion to American Legal History (Wiley Blackwell Companions to American History #68)
By Sally E. Hadden. 2011
A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal…
history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideasWomen, Judging and the Judiciary: From Difference to Diversity
By Erika Rackley. 2013
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates…
about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity – the necessity of appointment on merit – is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.Gender and the Open Method of Coordination: Perspectives on Law, Governance and Equality in the EU
By Samantha Velluti. 2008
Containing contributions by some of the best known researchers in the field, this volume considers the intersection between the Open…
Method of Coordination (OMC), a relatively new mode of policy-making, and gender equality, a long-standing area of EU policy. It draws on a range of disciplinary perspectives to examine the effectiveness of the OMC as a medium for the advancement of gender equality within the EU. It also considers gender in the OMC in a variety of contexts and at both a general EU and Member State level. Central to the discussion is the concept of gender mainstreaming which proposes that a gender equality perspective should be incorporated at every level and opportunity of EU policy and practice. The authors assess how successful this has been in the context of the OMC. The book provides a unique and contemporary body of work on the OMC which adds significantly to existing understandings of this form of governance and informs critical debate of EU social governance.Canadian Landmark Cases in Forensic Mental Health (G - Reference,information And Interdisciplinary Subjects Ser.)
By Graham Glancy, Cheryl Regehr. 2020
High profile legal cases involving individuals with mental health challenges often involve complex issues that confront previous decisions of the…
courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of Forensic Psychiatry, draw upon their own practice, in addition to scholarly literature, to describe the impact of the decisions rendered by the courts in the area of mental health, and offer practical guidelines for professionals working at the interface of law and mental health.