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Book
xviii, 637 pages ; 25 cm.
  • Part I: Abuse of dominant position and globalization
  • International report / Pinar Akman
  • Austria / Gerhard Fussenegger, Florian Schuhmacher, and Rainer Tahedl
  • Belgium / Pierre M. Sabbadini
  • Bulgaria / Anton Petrov
  • France / Mathilde Boudou [and 5 others]
  • Germany / Marco Hartmann-Rüppel
  • Japan / Takahiko Itoh
  • Lithuania / Yvonne Goldammer
  • Moldova / Alexandr Svetlicinii
  • Poland / Aleksander Stawicki, Bartosz Turno, and Tomasz Feliszewski
  • Spain / Manuel Cañadas Bouwen and Julia Suderow
  • Sweden / Trine Osen Bergqvist
  • Switzerland / Denis Cherpillod
  • The Netherlands / Sarah Beeston and Maria Geilmann
  • Ukraine / Nataliia Ivanytska
  • United Kingdom / Jeremy D.M. Robinson
  • Part II: Protection and disclosure of know-how
  • International report / Henrik Bengtsson
  • Austria / Juliane Messner, Max W. Mosing, and Rainer Schultes
  • Belgium / Sophie Lens
  • Brazil / Felipe Barros Oquendo
  • Bulgaria / Teodora Tsenova
  • France / Nizar Lajnef [and 3 others]
  • Germany / Thomas Hoeren
  • Hungary / Miklós Boronkay
  • Italy / Anna Gardini
  • Japan / Takashi Koyama and Izumi Hayashi
  • Luxembourg / Marianne Decker
  • Romania / Cǎtǎlin Grigorescu and Cristina Mihai
  • Spain / Ana María Ruiz Martín
  • Sweden / Magnus Tonell
  • Switzerland / Charlotte Boulay
  • The Netherlands / Vonne Laan Mariko Kloppenburg
  • Ukraine / Anton Polikarpov
  • United Kingdom / Michael Browne
  • United States of America / Emilio Varanini.
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
(source: Nielsen Book Data)9783319468907 20170814
Law Library (Crown)
Book
xiii, 227 pages ; 24 cm.
  • Conceptualizing separation/divorce violence against women
  • The extent and distribution of separation/divorce assault
  • New technologies and separation/divorce violence against women
  • Explaining separation/divorce violence against women
  • Children as collateral victims of separation/divorce woman abuse
  • What is to be done about separation/divorce violence against women?
Abusive Endings offers a thorough analysis of the social-science literature on one of the most significant threats to the health and well-being of women today-abuse at the hands of their male partners. The authors provide a moving description of why and how men abuse women in myriad ways during and after a separation or divorce. The material is punctuated with the stories and voices of both perpetrators and survivors of abuse, as told to the authors over many years of fieldwork. Written in a highly readable fashion, this book will be a useful resource for researchers, practitioners, activists, and policy makers.
(source: Nielsen Book Data)9780520285750 20170807
Law Library (Crown)
Book
xxix, 370 pages ; 25 cm.
  • Setting the scene
  • International organizations' human rights obligations
  • Right of access to justice
  • International dispute settlement mechanisms
  • National jurisdictions and the immunities of international organizations
  • General conclusions and normative proposals.
This groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organizations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.
(source: Nielsen Book Data)9781786432889 20171009
Law Library (Crown)
Book
xix, 309 pages ; 24 cm
  • Access to justice and legal aid cuts : a mismatch of concepts in the contemporary Australian and British legal landscapes / Asher Flynn and Jacqueline Hodgson
  • Challenges facing the Australian legal aid system / Mary Anne Noone
  • Rhyme and reason in the uncertain development of legal aid in Australia / Jeff Giddings
  • The rise and decline of criminal legal aid in England and Wales / Tom Smith and Ed Cape
  • A view from the bench : a judicial perspective on legal representation, court excellence, and therapeutic jurisprudence / Pauline Spencer
  • Face-to-interface communication : accessing justice by video link from prison / Carolyn McKay
  • The rise of "DIY" law : implications for legal aid / Kathy Laster and Ryan Kornhauser
  • Community lawyers, law reform, and systemic change : is the end in sight? / Liana Buchanan
  • What if there is nowhere to get advice? / James Organ and Jennifer Sigafoos
  • The end of "tea and sympathy"? : the changing role of voluntary advice services in enabling access to justice? / Samuel Kirwan
  • Reasoning a human right to legal aid / Simon Rice
  • Cuts to civil legal aid and the identity crisis in lawyering : lessons from the experience of England and Wales / Natalie Byrom
  • Access to what? : LASPO and mediation / Rosemary Hunter, Anne Barlow, Janet Smithson, and Jan Ewing
  • Insights into inequality : Victorian women's access to legal aid / Pasanna Mutha-Merennege
  • Indigenous people and access to justice in civil and family law / Melanie Schwartz
  • Austerity and justice in the age of migration / Ana Aliverti.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
(source: Nielsen Book Data)9781509900848 20170327
Law Library (Crown)
Book
viii, 206 pages ; 24 cm
  • Introduction: Law, religion and the challenge of accommodation
  • Muslim communities in a multicultural context
  • Contextualishing Sharīʻah : Sharīʻah in the common law world
  • Muslims, family relationships and the common law
  • Muslims, crime and the common law
  • Muslims, business transactions and the common law
  • Conclusion.
The book explores the relationship between Muslims, the Common Law and Shari'ah post-9/11. The book looks at the accommodation of Shari'ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Shari'ah by looking at how the flexibilities that exists in both the Common Law and Shari'ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari'ah is not necessarily one that requires the establishment of a separate and parallel legal system.
(source: Nielsen Book Data)9780415710466 20160928
Law Library (Crown)
Book
xvi, 188 pages ; 24 cm
  • Principles of jurisdiction
  • Principles of jurisdictional restraint
  • Australia and extraterritorial jurisdiction
  • India and extraterritorial jurisdiction
  • The United States and extraterritorial jurisdiction.
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine. Utilising a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
(source: Nielsen Book Data)9781786431776 20170502
Law Library (Crown)
Book
p. cm.
  • PART I: INTRODUCTION-- PART II: LEGAL PERSONALITY OF ARMED GROUPS UNDER HUMAN RIGHTS LAW-- PART III: HOW AND WHEN ARE ARMED GROUPS BOUND BY HUMAN RIGHTS LAW?-- PART IV: CONCLUSIONS.
  • (source: Nielsen Book Data)9780198808381 20171017
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical and comparative analysis that spans international humanitarian law, international criminal law and international human rights law. Embedding these different perspectives in public international law, this book brings several key issues of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-a-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
(source: Nielsen Book Data)9780198808381 20171017
Law Library (Crown)
Book
xii, 275 pages ; 25 cm.
  • Introduction: Quis custodiet ipsos custodies?
  • "Once you've met one IG, you've met one IG" : modes of monitory democratic practice
  • An inspector calls (with apologies to J. B. Priestley) : the inspector general category
  • Bungling bureaucrats : searching for an independent state
  • A political democracy at state : protecting passport privacy, 1992-2008
  • Lawyers out of court : guarding the guardians at justice
  • A constitutional democracy at justice : forging democratic norms in the war on terror, 2002-2010
  • From terror to hurricanes : crafting emergency governance at Homeland Security
  • A managerial democracy at Homeland Security : a web of accountability in the Gulf Coast recovery project, 2005-2009
  • Forging a new democratic form : cometh the hour, cometh the inspector
  • Conclusion: Quis custodiet custodem ipsum custodom?
The Accountability State provides an overview of American federal Inspectors General and analyzes their development and capacity to contribute to new forms of democratic legitimacy.
(source: Nielsen Book Data)9780700623983 20170605
Law Library (Crown)
Book
xxi, 535 pages ; 19 cm.
  • The basic financial statements
  • The accounting process
  • Generally accepted accounting principles
  • Recognition of revenues and expenses
  • Current assets and liabilities
  • Accounting for inventories
  • Property, plant, and equipment and depreciation
  • Intangible assets
  • Accounting for investments
  • Accounting for long term debt
  • Accounting for leases
  • Accounting for other long term liabilities
  • Accounting for stock and stockholders' equity
  • Partnership accounting
  • Accounting for business combinations
  • Earnings per share and financial ratios
  • Special reporting issues
  • Corporate finance : valuation
  • International accounting issues
  • Appendix. Time value of money.
This product provides a well-rounded summary of the relevant accounting areas from basic financial statements to complex earnings-per-share ratios and corporate finance and valuation. Learn how to recognize revenue, expenses, assets, and liabilities. It reviews accounting principles for many different areas, including acquisitions, investments, long-term debt, leases, stocks, and partnerships. It also discusses recent developments such as adoption of new requirements to place most operating leases on the lessee's balance sheet, a new principles based approach to accounting for revenue, refinements in the accounting for stock options, and revised rules for applying the lower of cost or market rule to inventory.
(source: Nielsen Book Data)9781634608510 20170515
Law Library (Crown)
Book
xxiv, 295 pages : illustrations ; 29 cm.
  • Open judiciary worldwide : best practices and lessons learnt / Carlos E. Jiménez-Gómez
  • Open and transparent judicial records in the digital age : applying principles and performance measures / Nial Raaen
  • Open judiciary in high courts : securing a networked constitution, challenges of e-justice, transparency and citizen participation / Jesús Cano, Luis Pomed, Carlos E. Jiménez-Gómez, Roberto Hernández
  • Open judiciary in a closed society : a paradox in China? / Mei Gechlik, Di Dai, Jordan Corrente Beck
  • An analysis of a lay adjudication system and open judiciary : the new Japanese lay adjudication system / Yumiko Kita
  • From e-justice to open judiciary : an analysis of the Portuguese experience / Rui Pedro Lourenço, Paula Fernando, Conceição Gomes
  • Integrating semi-open data in a criminal judicial setting / Mortaza S. Bargh, Sunil Choenni, Ronald F. Meijer
  • Digitalizing police requirements : opening up justice through collaborative initiatives / Mila Gascó-Hernández
  • Openlaws.eu : open justice in Europe through open access to legal information / Thomas J. Lampoltshammer, Andres Guadamuz, Clemens Wass, Thomas Heistracher
  • Consumer "access to justice" in EU in low-value cross-border disputes and the role of online dispute resolution / Inmaculada Barral-Viñals
  • Open data for open justice in seven Latin American countries / Sandra Elena, François van Schalkwyk
  • Open justice in Latin America? : an assessment framework for judiciary portals in 2015 / Rodrigo Sandoval-Almazán.
Open government initiatives have become a defining goal for public administrators around the world. However, progress is still necessary outside of the executive and legislative sectors. Achieving Open Justice through Citizen Participation and Transparency is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions. Highlighting the application of open government concepts in a global context, this book is ideally designed for public officials, researchers, professionals, and practitioners interested in the improvement of governance and democracy.
(source: Nielsen Book Data)9781522507178 20161124
Law Library (Crown)
Book
xiii, 322 pages ; 24 cm
  • The challenge of regulatory excellence / Cary Coglianese
  • Responsive excellence / John Braithwaite
  • Regulating by the stars / Wendy Wagner
  • Regulatory excellence and democratic accountability / Kathryn Harrison
  • Beyond process excellence : enhancing societal well-being / John D. Graham and Paul R. Noe
  • Regulatory equilibrium / Ted Gayer
  • A risk regulation perspective on regulatory excellence / Bridget M. Hutter
  • Regulatory excellence and lucidity / Robert Baldwin
  • Regulatory excellence : lessons from theory and practice / Daniel C. Esty
  • What makes a regulator excellent? : mission, funding, information, and judgment / Shelley H. Metzenbaum and Gaurav Vasisht
  • Beyond best-in-class : three secrets to regulatory excellence / Adam M. Finkel
  • Compliance, enforcement, and regulatory excellence / Neil Gunningham
  • The role of policy learning and reputation in regulatory excellence / David Vogel
  • Regulatory excellence via multiple forms of expertise / David Levi-Faur
  • Insurance and the excellent regulator / Cary Coglianese and Howard Kunreuther
  • A systems approach to regulatory excellence / Angus Corbett
  • Performance principles for regulators / Donald P. Moynihan
  • Measuring regulatory excellence / Cary Coglianese.
Whether striving to protect citizens from financial risks, climate change, inadequate health care, or the uncertainties of the emerging sharing economy, regulators must routinely make difficult judgment calls in an effort to meet the conflicting demands that society places on them. What defines success for a regulator? Operating within a political climate of competing demands, regulators need a lodestar to help them define and evaluate success. Understanding and Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to improve their performance. It provides guidance about how regulators can set appropriate priorities and make sound, evidence-based decisions through processes that are transparent and participatory. With increasing demands for smarter but leaner government, the need for sound regulatory capacity for regulatory excellence has never been stronger.
(source: Nielsen Book Data)9780815728429 20170321
Law Library (Crown)
Book
x, 292 pages ; 24 cm
  • Societally penetrated judiciaries and the democratic rule of law
  • The evolution of judicial regimes
  • Costa Rica : a liberal judicial regime
  • Government control regimes in Central America versus the rule of law
  • Clandestine control in Guatemala
  • Partisan systems
  • Conclusion:}tJudicial regimes and the democratic rule of law.
Featuring the first in-depth comparison of the judicial politics of five under-studied Central American countries, The Achilles Heel of Democracy offers a novel typology of 'judicial regime types' based on the political independence and societal autonomy of the judiciary. This book highlights the under-theorized influences on the justice system - criminals, activists, and other societal actors, and the ways that they intersect with more overtly political influences. Grounded in interviews with judges, lawyers, and activists, it presents the 'high politics' of constitutional conflicts in the context of national political conflicts as well as the 'low politics' of crime control and the operations of trial-level courts. The book begins in the violent and often authoritarian 1980s in Guatemala, El Salvador, Honduras, and Nicaragua, and spans through the tumultuous 2015 'Guatemalan Spring'; the evolution of Costa Rica's robust liberal judicial regime is traced from the 1950s.
(source: Nielsen Book Data)9781107178328 20170814
Law Library (Crown)
Book
xii, 352 pages ; 25 cm.
  • New imperialism : imperium, dominium and responsibility under international law
  • Dominium
  • Imperium
  • Territorium et titulus
  • British Nigeria
  • French Equatorial Africa
  • German Cameroon
  • Ex facto ius oritur?
  • A reflection on the nature of international law : redressing the illegality of Africa's colonization.
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
(source: Nielsen Book Data)9789004319134 20170130
Law Library (Crown)
Book
xvii, 219 pages : illustrations ; 23 cm
  • A mess that can't be fixed?
  • The board-centric imperative
  • Revolt in the boardroom : the story of General Motors
  • General Motors as catalyst
  • Drexel : the most feared firm on Wall Street
  • Dead broke : New York City's 1970s fiscal crisis
  • Lights out : the Con-Ed blackout
  • Shedding light on shadow government
  • Planned Parenthood : a corporate governance success story
  • Conclusion: In search of the activist director.
Some of the worst corporate meltdowns over the past sixty years can be traced to passive directors who favored operational shortcuts over quality growth strategies. Thinking primarily about placating institutional investors, selective stockholders, proxy advisors, and corporate management, these inattentive and deferential board members have relied on short-term share price increases to sustain their companies long term. Driven by a desire for prosperity, not posterity, these actions can doom any company. In The Activist Director, attorney Ira M. Millstein looks back at fifty years of counseling companies, nonprofits, and governments to actively govern their corporations and constituencies. From the threat of bankruptcy and the ConEd blackout of 1970s New York City, to the meltdown of Drexel Burnham Lambert in the late 1980s, to the turnaround of General Motors in the mid-1990s, Millstein takes readers into the boardrooms of several of the greatest catastrophes and success stories of America's best-known corporations. His solution lies at the top: a new breed of activist directors who partner with management and reject short-term outlooks, plan a future based on growth and innovation, and take responsibility for corporate organization, strategy, and efficiency. What questions should we ask of potential board members and how do we know they'll be active? Millstein offers pragmatic suggestions for recruiting activist directors to the boardroom to secure the future of the corporation.
(source: Nielsen Book Data)9780231181341 20170410
Law Library (Crown)

55. Adam Smith and law [2017]

Book
x, 524 pages ; 26 cm.
  • Introduction
  • Adam Smith and jurisprudence / C.A. Cooke
  • Adam Smith on law / Neil MacCormick
  • Adam Smith on justice / David Lieberman
  • Adam Smith and the law / Fabrizio Simon
  • Adam Smith and the role of the courts in securing justice and liberty / John W. Cairns
  • Adam Smith's treatment of criminal law / J. Ralph Lindgren
  • Adam Smith on delictual liability / Kenneth A.B. Mackinnon
  • Adam Smith's historical jurisprudence and the "method of the civilians" / Ernest Metzger
  • Adam Smith and "the most sacred rules of justice" / Christel Fricke
  • On the role of positive law in humankind's evolution, Adam Smith's moral philosophy / Jerry Evensky
  • The importance of Adam Smith's Wealth of nations in English history / W.S. Holdsworth
  • Adam Smith at the Constitutional Convention / Iain McLean and Scot M. Peterson
  • Adam Smith and the economy as a system of power / Warren J. Samuels
  • Modern natural law meets the market : the case of Adam Smith / Amit Ron
  • Limited liability and the wealth of "uncivilised nations" : Adam Smith and the limits to the European Enlightenment / Hugh Goodacre
  • Freeing Smith from the "free market" : on the misperception of Adam Smith on the economic role of government / Warren J. Samuels and Steven G. Medema
  • The neglected agent : justice, power, and distribution in Adam Smith / Amos Witztum and Jeffrey T. Young
  • Adam Smith, collusion and "right" at the Supreme Court / David M. Levy and Sandra J. Peart
  • Adam Smith in the courts of the United States / Robin Paul Malloy.
The essays selected for this volume highlight the contributions of Adam Smith to our understanding of law and jurisprudence. The collection provides a detailed and overarching analysis of Smith's work related to law and shows how Smith connected jurisprudence to moral philosophy and to economics. In this regard, the volume is unique and stands out in comparison to the many books which explore Smith's contributions to economics. Contributions to this volume form the core of an essential research collection on Adam Smith and law by reproducing key works of scholarship in a form that permits the user to authoritatively cite the original publications; maintaining the original pagination and references.
(source: Nielsen Book Data)9781472427601 20170306
Law Library (Crown)
Book
236 pages ; 24 cm
  • Introduction
  • Advertising on trial
  • Colonizing new advertising spaces
  • The new market research
  • From market share to mindshare
  • Sellebrity
  • Stopping adcreep.
Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"-modern marketing's march to create a world where advertising can be expected anywhere and anytime-has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.
(source: Nielsen Book Data)9780804795814 20170621
Law Library (Crown)
Law Library (Crown)
Book
xxxiii, 483 pages ; 19 cm.
  • Introduction
  • The delegation of authority to agencies
  • Political controls over agency action
  • The scope of judicial review
  • Acquiring and disclosing information
  • The informal administrative process
  • Procedural due process
  • Formal adjudications
  • Procedural shortcuts
  • Rules and rulemaking
  • Obtaining judicial review
  • Appendix. Selected constitutional and statutory provisions.
This book offers a concise, knowledgeable guide to administrative law. In straightforward, readable prose, the authors not only summarize the dominant statutes and case law in the area, but also discuss informal administrative processes and the background realities of the regulatory state. Students can use the book as a complement to any major casebook, and practitioners will also find it an excellent brief introduction to this complex and important subject.
(source: Nielsen Book Data)9781628103557 20170123
Law Library (Crown)
Book
xiii, 544 pages : illustrations ; 24 cm
  • Introduction: Jerry L. Mashaw's creative tension with the field of administrative law / Nicholas R. Parrillo
  • Jerry L. Mashaw, the due process revolution, and the limits of judicial power / Thomas W. Merrill
  • The management side of due process in the service-based welfare state / Charles F. Sabel, William H. Simon
  • Jerry L. Mashaw and the public law curriculum / Peter L. Strauss
  • From the history to the theory of administrative constitutionalism / Sophia Z. Lee
  • Cyberdelegation and the administrative state / Mariano-Florentino Cuellar
  • Internal administrative law before and after the APA / Gilian E. Metzger, Kevin M. Stack
  • Boundary disputes : Jerry L. Mashaw's anti-formalism, constitutional interpretation and the unitary presidency / Peter M. Shane
  • Cost-benefit analysis of financial regulation : an institutional perspective / Richard L. Revesz
  • Meeting the Mashaw test for consistency in administrative decision-making / Paul Verkuil
  • Varieties of bureaucratic justice : building on Mashaw's typology / Robert A. Kagan
  • Enforcement adjudication at the SEC / David Zaring
  • Pathways to auto safety : assessing the role of the National Highway Traffic Safety Administration / Robert L. Rabin
  • A comparison of the cultures and performance of a modern agency and a nineteenth-century agency / Richard J. Pierce, Jr.
  • On the emergence of the administrative petition : innovations in nineteenth-century indigenous North America / Daniel Carpenter
  • Putting the "public" in public administration : the rise of the public utility idea / William J. Novak
  • Lochner and property / Edward Rubin
  • Supervising outsourcing : the need for better design of blended governance / Nina A. Mendelson
  • Government market participation as conflicted government / Jon D. Michaels
  • State regulatory capacity and administrative law and governance under globalization / Richard B. Stewart
  • Conclusion: The inside out perspective : a first-person account / Jerry L. Mashaw.
For a generation, Jerry Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws. American Administrative Law from the Inside Out brings together a collection of twenty-one essays from leading scholars that interrogate, debate, and expand on themes in Mashaw's work as well as on the fundamental premises of their field. Mashaw has illuminated new ways of seeing administrative law, composed sweeping indictments of its basic principles, and built bridges to other disciplines. The contributors to this volume provide a collective account of administrative law's commitments, possibilities, limitations, and strains as an approach to governance and as an intellectual enterprise.
(source: Nielsen Book Data)9781107159518 20170502
Law Library (Crown)
Book
xxx, 437 pages ; 19 cm.
  • Introduction to the administrative law of health care
  • Procedural due process
  • Adjudication
  • Rule and policy making
  • Judicial review
  • State public health regulation
  • State medical licensure and discipline
  • The Affordable Care Act and the Medicare and Medicaid programs
  • The Affordable Care Act and private health insurance
  • Use of information by state and federal health care agencies
  • State and federal regulation of health care providers and suppliers
  • Provider and supplier appeals under the Medicare and Medicaid programs
  • Health plan appeals under the Medicare and Medicaid programs
  • Beneficiary appeals under the Medicare and Medicaid programs
  • Rule and policy making in the Medicare and Medicaid programs
  • Judicial review of Medicare and Medicaid policy and decisions.
Law Library (Crown)