Law in a Market Context

An Introduction to Market Concepts in Legal Reasoning

Author: Robin Paul Malloy

Publisher: Cambridge University Press

ISBN: 9780521016551

Category: Business & Economics

Page: 260

View: 1651

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In Law in a Market Context Robin Paul Malloy examines the way in which people, as social beings, experience the intersection of law, markets, and culture. Through case examples, illustrative fact patterns, and problems based on hypothetical situations he demonstrates the implications and the ambiguities of law in a market society. In his analysis he provides a complete and accessible introduction to a vast array of economic terms, concepts, and ideas--making this book a valuable primer for anyone interested in understanding the use of market concepts in legal reasoning.

Law and Market Economy

Reinterpreting the Values of Law and Economics

Author: Robin Paul Malloy

Publisher: Cambridge University Press

ISBN: 9780521787314

Category: Business & Economics

Page: 179

View: 785

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Law, market theory and semiotics together provide a challenging new perspective on economic analysis of law.

Creativity, Law and Entrepreneurship

Author: Shubha Ghosh,Robin Paul Malloy

Publisher: Edward Elgar Publishing

ISBN: 0857933167

Category: Law

Page: 288

View: 3295

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Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and, creativity and the construction of legal rights.

Hernando de Soto and Property in a Market Economy

Author: D. Benjamin Barros

Publisher: Routledge

ISBN: 131712216X

Category: Law

Page: 244

View: 9117

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Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development, but his work also has been controversial. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy, yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship and mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.

Private and commercial law in a European and global context

Author: Klaus Peter Berger,Norbert Horn

Publisher: Walter de Gruyter

ISBN: 9783899492422

Category: Law

Page: 1337

View: 540

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A top legal scholar is honored with this commemorative publication. He distinguishes himself through the enormous range of his academic interests and activities as well as through his mediator role between legal theory and practice. The contributions published in this commemorative work reflect the unusual range of Norbert Horn's work.

The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: OUP Oxford

ISBN: 0191668184

Category: Law

Page: 856

View: 9453

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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

Commercial Law in a Global Context:Some Perspectives in Anglo-Japanese Law

Author: Yutaka Tajima,Fiona Macmillan

Publisher: Kluwer Law International B.V.

ISBN: 9041107096

Category: Law

Page: 246

View: 4035

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This unique work consists of a selection of key papers presented at the first Anglo-Japanese Comparative Law Conference, held at Jesus College, Cambridge in September 1996. The conference was organised under the auspices of the Institute of Advanced Legal Studies, University of London; the University of Tsukuba, Japan; and Murdoch University in Australia. The conference brought together a number of leading business lawyers from around the world, who discussed the impact of globalisation on commercial law. If trhe internalisation of trade and business has produced problems for lawyers, the impact of globalisation, particularly in such areas as the capital markets, has proved to be even more problematic. The implications for all those who operate in the commercial and financial sectors, and for those who advise them, of developments in the nature and character of the markets are increasingly significant. The publication will be of particular interest to academics, those involved in trans-national business, and legal practitioners.

Reconfiguring East Asia

Regional Institutions and Organizations After the Crisis

Author: Mark Beeson

Publisher: Routledge

ISBN: 1136856145

Category: Social Science

Page: 288

View: 7796

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Focuses both on specific regional organizations like ASEAN, The Asian Development Bank and APEC, as well as on key institutions such as East Asian legal systems, the media, organized labour, Asian business systems, and the developmental state.

Planning for Serfdom

Legal Economic Discourse and Downtown Development

Author: Robin Paul Malloy

Publisher: N.A

ISBN: N.A

Category: City planning

Page: 183

View: 6991

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Australian Climate Law in Global Context

Author: Alexander Zahar,Jacqueline Peel,Lee Godden

Publisher: Cambridge University Press

ISBN: 1107310466

Category: Law

Page: N.A

View: 6272

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Australian Climate Law in Global Context is a comprehensive guide to current climate change law in Australia and internationally. It includes discussion of: emission trading schemes and carbon pricing laws, laws on renewable energy, biosequestration, carbon capture and storage and energy efficiency; the trading of emission offsets between developed and developing countries, the new international scheme for the protection of forests (REDD) and the transfer of green finance and technology from developed to developing states, the adaptation to climate change through legal frameworks. It assesses the international climate change regime from a legal perspective, focusing on Australia's unique circumstances and its domestic implementation of climate-related treaties. It considers how the challenge of climate change should be integrated into broader environmental law and management. It is a valuable resource for students in law and environmental science, for current and future legal practitioners and for policy-makers and those in the commercial sector.

Emissions Trading Schemes

Markets, States and Law

Author: Sanja Bogojevic

Publisher: Bloomsbury Publishing

ISBN: 1782251669

Category: Law

Page: 228

View: 7756

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Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.

International Securities Markets

Insider Trading Law in China

Author: Hui Huang,Robin Hui Huang

Publisher: Kluwer Law International B.V.

ISBN: 9041125574

Category: Business & Economics

Page: 356

View: 3872

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This book offers the first detailed analysis of Chinaand’s insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following: and• Who benefits from insider trading and• The issue of when information becomes public and• A comparative law treatment of the underlying theories of insider trading liability and• Private civil liability and• Damage caps and• Measures of recovery The authorand’s approach focuses on Chinaand’s readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.

The Globalization Reader

Author: Frank J. Lechner,John Boli

Publisher: John Wiley & Sons

ISBN: 1118737024

Category: Political Science

Page: 624

View: 1943

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Completely revised and updated, the fifth edition of this well-regarded textbook charts key topics and recent research in globalization along with the latest complexities and controversies in the field. Includes a new section on globalization and identity and new readings on global inequality, mental illness, structural violence, microfinance, blood diamonds, world citizenship, the global justice movement, and sumo wrestling Contains essential, thought-provoking readings by prominent scholars, activists, and organizations on the many dimensions of globalization, from political and economic issues to cultural and experiential ones Examines foundational topics, such as the experience of globalization, economic and political globalization, the role of media and religion in cultural globalization, women’s rights, environmentalism, global civil society, and the alternative globalization movement Retains the helpful student features from prior editions, including an accessible format, concise introductions to major topics, stimulating examples, and discussion questions for each selection and section

Procedural Rules in Tax Law in the Context of European Union and Domestic Law

Author: Michael Lang

Publisher: Kluwer Law International B.V.

ISBN: 9041133763

Category: Law

Page: 699

View: 9332

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EUCOTAX (European Unviersities Cooperating on TAXes) is a network of tax institutes currently consisting of eleven universities: WU (Vienna University of Economics and Business) in Austria, Katholieke Universiteit Leuven in Belgium, Corvinus University of Budapest, Hungary, Universite Paris-I Pantheon-Sorbonne in France, Universitat Osnabruck in Germany, Libera, Universita Internazionale di Studi Sociali in Rome (and Universita degli Studi di Bologna for the research part), in Italy, Fiscaal Instituut Tilburg at Tilburg University in the Netherlands, Universidad de Barcelona in Spain, Uppsala University in Sweden, Queen Mary and Westfield College at the University of London in the United Kingdom, and Georgetown University in Washington DC, United States of America. This network aims at initiating and coordinating both comparative education in taxation, through the organisation of activities such as winter courses and guest lectures, and comparative research in the field, by means of joint research projects, international conferences and exchange of researchers between various countries. European Union law barely deals with procedural questions even though they are essential for proper implementation of European Union law. The European Court of Justice has developed procedural principles in its rulings which also affect proceedings before national authorities. This is due to the fact that the principle of procedural autonomy of the Member States finds its limits where European Union law might be infringed. Therefore, domestic procedural principles and rules of the EU countries need to be interpreted in the context of European Union law requirements. This timely work seeks to identify the differences between the domestic procedural rules and principles of an array of EU and non-EU countries and analyse them in the context of European Union law requirements. Specific attention is paid to the impact of State aid rules on procedural law in tax matters, on constitutional law requirements as well as tax treaty law issues. Since customs law is already harmonized in the form of the Community Customs Code, it serves as a starting point to examine the extent to which harmonized procedural law is possible. Harmonized procedural law is also discussed in the context of a possible future Common Consolidated Corporate Tax Base as well as an EU tax levied at the European Union level.

Social Security Law in Context

Author: Neville S. Harris

Publisher: Oxford University Press on Demand

ISBN: 0198763085

Category: Law

Page: 541

View: 2757

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These essays analyse the social security system of Great Britain, which is at a crossroads following the election of a Labour Government, promising a new age of welfare and seemingly prepared to think the unthinkable on welfare reform.

Economic Law in Globalizing Markets

Author: Karl Matthias Meessen

Publisher: Kluwer Law International B.V.

ISBN: 9041121129

Category: Law

Page: 382

View: 4025

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Many product markets have gone global already. Others are following. The globalization of markets is well understood by business. It has also come to dominate the economic policy agenda of nation states and supranational organizations. They all compete for inward investment to create and preserve employment opportunities. Economic law is one of several parameters in the global competition of systems. This study takes note of that new and additional function of economic law. Part I sets out to examine the making of economic law by states, by business and by international and supranational organizations. Part II discusses some of the main rules of substantive economic law divided into chapters on market law, transactions law and property rights law, and Part III addresses key issues of enforcement by the executive branch, on the one hand, and by the judiciary and arbitral tribunals, on the other. Each of the 32 chapters contains an essay on a current cross-border related problem of economic law, often as reflected in recent case law. Nearly 300 cases are discussed, or at least referred to, in that way. They were selected from international case law and from cases decided by EC, US and German courts (and courts of ten more countries) as well as by ICC, ICSID and other arbitral tribunals. The introductory notes to, and summaries of, the various parts and chapters integrate economic and political theory, and provide the common thread. The overall conclusion is to advocate a transnational approach, problem oriented and cutting right across all layers of sources of law (international, supranational, national and transnational law). It distinguishes neatly between public and private law aspects of economic law but decidedly treats them together. The book is of interest to academia and practitioners, both for references to current problems and for a vue d'ensemble. Advanced students might use the book to understand the logic of today's economic law. In addition to decades of research in international economic law, the author capitalizes on his exposure to a wide array of practical issues as well as on six years of English language teaching in Geneva. STUDIES IN TRANSNATIONAL ECONOMIC LAW 20

Research Handbook on Corporate Legal Responsiblity

Author: Stephen Tully

Publisher: Edward Elgar Publishing

ISBN: 1845428285

Category: Law

Page: 456

View: 1401

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What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility. Phillip Taylor, The Barrister This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and restoring and keeping public trust . The contributors put calls for Corporate Social Responsibility into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a succinct style which is comprehensible to the lay person as much as the well-informed . This work is an indispensable tool for anyone engaged in the globalisation debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both. Janet Dine, Queen Mary College, University of London, UK Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility. Sandra Waddock, Boston College, US This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student either in practice or academe of the role of corporations in society. David Crowther, London Metropolitan University, UK The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position. The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, stakeholders and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.