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Law and the Economy in a Young Democracy: India 1947 and Beyond (Markets and Governments in Economic History)
by Tirthankar Roy Anand V. SwamyAn essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Law and the Economy in a Young Democracy: India 1947 and Beyond (Markets and Governments in Economic History)
by Tirthankar Roy Anand V. SwamyAn essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.
Law and the Economy in Colonial India
by Anand V. Swamy Tirthankar RoySince the economic reforms of the 1990s, India's economy has grown rapidly. To sustain growth and foreign investment over the long run requires a well-developed legal infrastructure for conducting business, including cheap and reliable contract enforcement and secure property rights. But it's widely acknowledged that India's legal infrastructure is in urgent need of reform, plagued by problems, including slow enforcement of contracts and land laws that differ from state to state. How has this situation arisen, and what can boost business confidence and encourage long-run economic growth? Tirthankar Roy and Anand V. Swamy trace the beginnings of the current Indian legal system to the years of British colonial rule. They show how India inherited an elaborate legal system from the British colonial administration, which incorporated elements from both British Common Law and indigenous institutions. In the case of property law, especially as it applied to agricultural land, indigenous laws and local political expediency were more influential in law-making than concepts borrowed from European legal theory. Conversely, with commercial law, there was considerable borrowing from Europe. In all cases, the British struggled with limited capacity to enforce their laws and an insufficient knowledge of the enormous diversity and differentiation within Indian society. A disorderly body of laws, not conducive to production and trade, evolved over time. Roy and Swamy's careful analysis not only sheds new light on the development of legal institutions in India, but also offers insights for India and other emerging countries through a look at what fosters the types of institutions that are key to economic growth.
Law and the New Developmental State
by David M. Trubek Helena Alviar Garcia Diogo R. Coutinho Alvaro Santos David M. Trubek Helena Alviar Garcia Diogo R. CoutinhoThis book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.
Law and the "Sharing Economy": Regulating Online Market Platforms (Law, Technology and Media)
by Harry Arthurs Francesco Ducci Marie-Cécile Escande-Varniol Vincent Gautrais Michael Geist Eran Kaplinsky Nofar Sheffi Sabrina Tremblay-Huet Eric Tucker Mariana ValverdeControversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.
Law and the Transition to Business Sustainability
by Daniel R. Cahoy Jamison E. ColburnThis book expands on law-related research by examining the legal aspects of sustainability with a focus on the impact on business strategies. It recognizes that firms must adopt an integrated approach to law and sustainability, considering multiple disciplines and goals, and serve as a forum for bringing together scholarship from fields such as environmental law, energy, government regulation and intellectual property. Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits. Examples of sustainable practices increasingly employed by firms include the institutionalization of "whole life-cycle" analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism, and integrating sustainability into firm culture and management goals. It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means. Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.
Law and the Wealth of Nations: Finance, Prosperity, and Democracy
by Tamara LothianEconomic stagnation, financial crisis, and increasing inequality have provoked worldwide debate about the reshaping of the market economy. But few are willing to risk a reorientation of dominant ideas and a reform of entrenched structures. Right-wing populism has stepped into the void created by a failure to imagine structural alternatives. Tamara Lothian offers a deeper view showing the path to the reconstruction of the economy in the service of both growth and inclusion. She probes the institutional innovations that would reignite economic growth by democratizing the market. Progressives have traditionally focused only on the demand side of the economy, abandoning the supply side to conservatives. Law and the Wealth of Nations offers a progressive approach to the supply side of the economy and proposes innovation in our fundamental economic arrangements.Lothian begins by exploring how finance can serve broad-based economic growth rather than serving only itself. She goes on to show how the reform of finance can lead into the democratization of the economy. How, she asks, can we ensure that the most advanced, knowledge-intensive practices of production spread throughout the economy rather than remaining in the hands of the entrepreneurial and technological elite? How can we anchor greater economic equality and empowerment in the way we organize the economy rather than just trying to diminish inequalities after the fact by progressive taxation and entitlements? How can we revise legal thought and economic theory to develop the intellectual equipment that these tasks require? Law and the Wealth of Nations will appeal to all who are searching for ways to think practically about change in our economic and political institutions.
Law, Art and the Commons
by Merima BruncevicThe concept of the cultural commons has become increasingly important for legal studies. Within this field, however, it is a contested concept: at once presented as a sphere for creativity, democratic access and freedom of speech, but one that denies property rights and misappropriates the public domain. In this book, Merima Bruncevic takes up the cultural commons not merely as an abstract notion, but in its connection to physical spaces such as museums and libraries. A legal cultural commons can, she argues, be envisioned as a lawscape that can quite literally be entered and engaged with. Focusing largely on art in the context of the copyright regime, but also addressing a number of cultural heritage issues, the book draws on the work of Deleuze and Guattari in order to examine the realm of the commons as a potential space for overcoming the dichotomy between the owner and the consumer of culture. Challenging this dichotomy, it is the productive and creative potential of law itself that is elicited through the book’s approach to the commons as the empirical basis for a new legal framework, which is able to accommodate a multitude of interests and values.
Law at Work: The Coercion and Co-option of the Working Class
by Harry GlasbeekIn a series of illuminating essays, the renowned Harry Glasbeek unpacks how law has been used to ensure that workers' aspirations are kept in check. Law at Work uncovers how the legal system, through its structures and mechanisms, legitimizes and reinforces the exploitation of workers. Using historic and contemporary examples, Glasbeek illustrates how conscious manipulations of law are part and parcel of how law protects capitalists at the expense of workers. He proves how the very laws designed to safeguard rights and freedoms often act as invisible shackles, compelling readers to reflect on their own struggles as they navigate a world where the legal system fails to serve their interests. These manipulations are made to look innocent because the underlying structures and ideology which give rise to specific rules are not challenged or challengeable. This thought-provoking book is an indispensable resource for those seeking to understand the hidden dynamics of worker oppression, empowering readers to question prevailing narratives and envision a future where the law truly serves the interests of all.
Law, Bubbles, and Financial Regulation: Law, Bubbles, And Financial Regulation (The Economics of Legal Relationships)
by Erik GerdingFinancial regulation can fail when it is needed the most. The dynamics of asset price bubbles weaken financial regulation just as financial markets begin to overheat and the risk of crisis spikes. At the same time, the failure of financial regulations adds further fuel to a bubble. This book examines the interaction of bubbles and financial regulation. It explores the ways in which bubbles lead to the failure of financial regulation by outlining five dynamics, which it collectively labels the "Regulatory Instability Hypothesis." . The book concludes by outlining approaches to make financial regulation more resilient to these dynamics that undermine law.
Law, Business and Society (Tenth Edition)
by Tony McadamsDon't Just Learn the Law, Learn the Law in Context! In the tenth edition of Law, Business, and Society, Tony McAdams discusses the role of the market, ethics/social responsibility, and the law in regulating the complex relationship between business and the larger society. McAdams examines whether the market and ethics/social responsibility have failed, and if government intervention is needed to maintain a healthy relationship between business practice and society's general welfare. The text serves as a general introduction to the legal system, including chapters on constitutional law, the common law of contracts and torts, and employment law. The closely written narrative, edited law cases, contemporary vignettes from daily life and an abundance of thought-provoking questions help convey key points. In addition, Law, Business, and Society precisely conforms to AACSB International accreditation expectations.
Law, Corporate Governance and Accounting: European Perspectives (Routledge Studies in Accounting)
by Victoria KrivogorskyThe growing internationalization of markets, the relaxation of constraints on capital flows between countries, and the creation of different economic unions -- the European Union in particular -- initiated the flow of capital, goods, and services across national borders, growth and diffusion of shareholding, and increased merger activity among the world’s largest stock exchanges. These changes have stimulated an interest in understanding developments in accounting and corporate governance in a newly qualitative way. Law, Corporate Governance, and Accounting sets out a framework for the analysis of institutional environments as the interconnected key tools of modern public corporations. Along with examining latest developments in the integrated formal structures for the formulation of international accounting principles, analyzing new accounting regulations and the extrapolating on the lessons that can be learned from the harmonization of accounting principles in Europe, this monograph provides the analyses of the convergence in both auditing and corporate governance as well as US perspective on IFRS adoption.
Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice (Law, Ethics and Governance)
by Shelley Marshall Richard Mitchell Meredith Jones Anthony O'Donnell Ian RamsayThis book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.
Law Democratized: A Blueprint for Solving the Justice Crisis
by Renee Knake JeffersonA practical plan for providing legal help to all, regardless of resourcesMillions of people in the United States face legal problems without lawyers to help them. Why? How do we educate and inform the public about the law so they can understand when the services of a lawyer are necessary or desirable? When can individuals solve legal problems on their own or with the assistance of a specialist without a traditional law degree? In short, how do we democratize the law?Law Democratized offers a blueprint to increase legal help for everyone, regardless of their ability to pay. Building on more than a decade of research into innovation in legal services, the book advances a series of recommendations inspired by success stories from around the globe. Renee Knake Jefferson outlines different paths pursued by bar associations, courts, entrepreneurs, law schools, nonprofits, and others, evaluating the promise and pitfalls of each. She analyzes regulatory reforms employed in other nations, along with emerging efforts in a handful of US states.If the rule of law is the bedrock that American democracy rests upon, then the justice transformed system must be open and user-friendly to all. Law Democratized makes a compelling argument for transforming the American legal landscape through engaged citizenship, ethical innovation, expanded education, and regulatory reform, in order to democratize law and make legal help more accessible.
Law, Development and Regulatory Globalisation: The Case of the World Bank in India's Electricity Sector (Law, Development and Globalization)
by Adithya ChintapantiExploring the phenomenon of diffusion of legal norms accompanying economic globalisation in developing countries, this book examines the blanket imposition of standard regulatory templates, maintaining that every jurisdiction requires customised legal solutions. Adopted by over 80 developing jurisdictions, the World Bank’s 1993 regulatory template for electricity sector reform has been one of the most widely diffused regulatory models. This book uses the example of its implementation in India to address the more general process of regulatory globalisation for developing countries. Amongst other objectives, the World Bank’s template endeavoured to insulate economic decision making from politics through legal reform. Through this template, the World Bank endeavoured to transform the role of the Indian state in the electricity sector from an interventionist or welfare state to a neo-liberal regulatory state by imposing constitution-like obligations. The book demonstrates that the unique social, economic and political characteristics of a jurisdiction cannot be ignored when incorporating a regulatory template in a jurisdictional context; for, by influencing the way an external regulatory model is internalized, it is these characteristics that determine its outcome. Providing a detailed empirical analysis of this key aspect of development policy, this book will be of interest to scholars and students in the fields of law and development, politics and public administration; as well as development practitioners and policy makers involved in reforming sector regulatory frameworks in their countries.
Law & Disorder: The Chaotic Birth Of The Nypd
by Bruce ChadwickNineteenth-century New York City was one of the most magnificent cities in the world, but also one of the most deadly. Without any real law enforcement for almost 200 years, the city was a lawless place where the crime rate was triple what it is today and the murder rate was five or six times as high. The staggering amount of crime threatened to topple a city that was experiencing meteoric growth and striving to become one of the most spectacular in America. For the first time, award-winning historian Bruce Chadwick examines how rampant violence led to the founding of the first professional police force in New York City. Chadwick brings readers into the bloody and violent city, where race relations and an influx of immigrants boiled over into riots, street gangs roved through town with abandon, and thousands of bars, prostitutes, and gambling emporiums clogged the streets. The drive to establish law and order and protect the city involved some of New York’s biggest personalities, including mayor Fernando Wood, police chief Fred Tallmadge, and journalist Walt Whitman. Law and Disorder is a must read for fans of New York history and those interested in how the first police force, untrained and untested, battled to maintain law and order.
Law & Disorder: Inside the Dark Heart of Murder
by Mark Olshaker John DouglasIt is mankind's most abominable crime: murder. No one is better acquainted with the subject and its wrenching challenges than John Douglas, the FBI's pioneer of criminal profiling, and the model for Agent Jack Crawford in The Silence of the Lambs. In this provocative and deeply personal book, the most prominent criminal investigator of our time offers a rare look into the workings not only of the justice system--but of his own heart and mind. Writing with award-winning partner Mark Olshaker, Douglas opens up about his most notorious and baffling cases--and shows what it's like to confront evil in its most monstrous form.
Law, Economics, and Conflict
by Kaushik Basu and Robert C. HockettIn Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics.The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness.Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford.Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
Law, Economics and Finance of the Real Estate Market
by Rita Yi Man LiThe symbiosis between the law, economics and finance is evidenced in our daily lives. This book elucidates the relationship between these factors in Singapore and Hong Kong in direct and indirect real estate market. In Singapore, for example, there is an inseparable relationship between law, economics, finance and the HDB market. The book also showcases the concept of invitation to treat and offer, monetary compensation for environmental externalities under the lens of institutional economics. It also sheds light on the relationship between financial crisis, regulations, housing prices and indirect real estate market.
Law Enforcement and Technology: Understanding The Use Of Technology For Policing
by Andy BainThis edited book explores the history, development and use of technology in the policing of society, showing that technology plays a key, if not pivotal role in the work of law enforcement. The authors analyse several examples of technology in common use today, which include both officers' equipment and technology used by crime scene investigation teams. They discuss the supportive role that technology plays in the investigation process as well as the concerns that may arise from a reliance upon technological advances. The book offers the reader a unique look at the scholarly and professional experience, with chapters written by academic researchers, as well as a number practitioners from the field of policing. It is essential reading for all those interested in a constantly changing and evolving field with implications for both theory and practice.
Law Enforcement and the History of Financial Market Manipulation
by Jerry MarkhamFirst Published in 2014. Routledge is an imprint of Taylor & Francis, an informa company.
Law Enforcement, Leadership and Wellbeing: Creating Resilience
by Ian Hesketh Cary L. CooperThis book provides practical guidance on establishing wellbeing services and interventions within policing for all of those working in law enforcement, particularly leaders and HR professionals. It also offers insight, provokes thought, and gives guidance on how to navigate and get the most from working life as a police officer or member of police support staff. With a focus on the modern working environment, the book covers the key concepts, history, and practical advice necessary for all those interested in this fascinating field of law enforcement. As workplaces become ever more complex and ambiguous, and the world of work ever more dynamic, understanding how organizations behave and how those in the workplace are likely to respond is key to bringing meaning and purpose to work, the cornerstone of effective policing. The book details how to effectively measure workplace wellbeing in policing and how to interpret and use findings to make improvements and craft interventions. It is a key text for exploring law enforcement, leadership, and wellbeing within policing for all those involved with law enforcement, as well as HR professionals, occupational health professionals, and critically, those with police line management responsibilities.
Law & Financial Stability: Restoring Financial Stability--the Legal Response (Seminar Volumes Ser. #6)
by International Monetary FundA report from the International Monetary Fund.
Law for Advertising, Broadcasting, Journalism, and Public Relations: A Comprehensive Text For Students And Practitioners (Routledge Communication Series)
by Michael G. Parkinson L. Marie ParkinsonThis exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media.Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales.Special features of this text include:*Magic Words and Phrases--defining legal terms;*Cases--illustrating key points in each chapter;*Practice Notes--highlighting points of particular interest to professional media practices;*Instructions on finding and briefing cases, with a sample brief; and*Examples of legal documents and jury instructions.This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.
Law for Architects: What You Need to Know
by Robert F. Herrmann Menaker Herrmann LlpAn essential reference for practitioners, emphasizing how legal concepts affect the process of bringing architectural vision to reality. Law for Architects: What You Need to Know guides design professionals through the daunting landscape where design and construction meet the legal system. It provides an introduction--written in clear, reader-friendly language--to issues that arise at every stage in the practice of architecture. For architects starting or building their own practice: Why do I need a written agreement with my clients? Why do I need insurance? How do I organize my firm? For seasoned architects considering retirement: How do I transfer ownership in my company? How can I benefit from the good will I helped to build? For students who want to learn more about the practicalities of starting out: Why is it important to have a license? Isn't it enough to have a degree in architecture? What are my rights as an employee? It also addresses the perennial questions that concern architects: How do I protect myself from being sued? How do I protect my intellectual property rights in my work? and much more. Law for Architects identifies the legal issues that lurk in every corner of your design practice and helps you figure out what questions you need to ask.