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: 3500

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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

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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: 5041

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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.

Law and Economics

Toward Social Justice

Author: Dana Gold

Publisher: Emerald Group Publishing

ISBN: 1848553358

Category: Political Science

Page: 300

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Explores the relationship between law and economics principles and the promotion of social justice. This title includes chapters that invoke the lens of corporate law theory or the corporate context as part of their analysis of the intersection of economics and social justice.

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

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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: 3619

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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.

Reconfiguring East Asia

Regional Institutions and Organizations After the Crisis

Author: Mark Beeson

Publisher: Routledge

ISBN: 1136856145

Category: Social Science

Page: 288

View: 5236

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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.

Emissions Trading Schemes

Markets, States and Law

Author: Sanja Bogojevic

Publisher: Bloomsbury Publishing

ISBN: 1782251669

Category: Law

Page: 228

View: 8992

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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.

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: 6136

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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.

Australian Climate Law in Global Context

Author: Alexander Zahar,Jacqueline Peel,Lee Godden

Publisher: Cambridge University Press

ISBN: 1107310466

Category: Law

Page: N.A

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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.

Law and Markets in United States History

Different Modes of Bargaining Among Interests

Author: James Willard Hurst

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771364

Category: Business & Economics

Page: 207

View: 5132

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Hurst, James Willard. Law and Markets in United States History: Different Modes of Bargaining among Interests. [Madison]: The University of Wisconsin Press, [1982]. vii, 207 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067116. ISBN 1-58477-136-4. Cloth. $80. * The eminent legal scholar's sociological analysis of the relation between law and private business (using the lumber business as an example) in relation to society at large. He argues that law and business support the same goals of efficiency and humanity, and examines their interrelationship toward that end in terms of ethical issues related to public policy, money supply, the impact of incremental change, inflation and deflation, monopoly and competition, and other economic factors. Based on Hurst's lectures at The University of Wisconsin in April, 1981.

The Globalization Reader

Author: Frank J. Lechner,John Boli

Publisher: John Wiley & Sons

ISBN: 1118737024

Category: Political Science

Page: 624

View: 4357

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Completely revised and updated, the fifth edition of thiswell-regarded textbook charts key topics and recent research inglobalization along with the latest complexities and controversiesin the field. Includes a new section on globalization and identity and newreadings on global inequality, mental illness, structural violence,microfinance, blood diamonds, world citizenship, the global justicemovement, and sumo wrestling Contains essential, thought-provoking readings by prominentscholars, activists, and organizations on the many dimensions ofglobalization, from political and economic issues to cultural andexperiential ones Examines foundational topics, such as the experience ofglobalization, economic and political globalization, the role ofmedia and religion in cultural globalization, women’s rights,environmentalism, global civil society, and the alternativeglobalization movement Retains the helpful student features from prior editions,including an accessible format, concise introductions to majortopics, stimulating examples, and discussion questions for eachselection and section

Globalisation, Criminal Law and Criminal Justice

Theoretical, Comparative and Transnational Perspectives

Author: Valsamis Mitsilegas,Peter Alldridge,Leonidas Cheliotis

Publisher: Bloomsbury Publishing

ISBN: 178225272X

Category: Social Science

Page: 324

View: 1099

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The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.

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: 744

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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.

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: 1573

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Capital Markets Law and Compliance

The Implications of MiFID

Author: Paul Nelson

Publisher: Cambridge University Press

ISBN: 1139471228

Category: Law

Page: N.A

View: 7499

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The Markets in Financial Instruments Directive (MiFID) is a detailed re-writing of the regulation of capital markets. To the extent those rules permit, the Financial Services Authority (FSA) is also introducing high-level 'principles-based regulation'. In response to this, Paul Nelson presents practical guidance on the regulation of the capital markets, ranging from new issues and IPOs to investment banking, broker-dealing and asset management. All laws and rules relevant to the regulation of the capital markets are explained and put into context within the economic operation of markets, institutions and products, the European Single Market, the FSA's policies and objectives, the historical evolution of the regulations and the general civil and criminal law. Drawing on 30 years' experience as a practitioner, and referring to a vast range of supporting materials, the author provides an insightful analysis and critique of the rules, the rule makers and the institutions.

Law and Recovery From Disaster: Hurricane Katrina

Author: Robin Paul Malloy

Publisher: Routledge

ISBN: 135192284X

Category: Law

Page: 264

View: 3573

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In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.