- Table View
- List View
The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision
by Başak BaşoğluThis book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
The Effects of Social Health Insurance Reform on People’s Out-of-Pocket Health Expenditure in China
by Kai LiuThis study examines and explains the relationship between social health insurance (SHI) participation and out-of-pocket expenditures (OOP) as well as the mediating role the institutional arrangement of SHI plays in this relationship in China. Embracing a new institutionalist approach, it develops two analytical perspectives: determination, which identifies the mechanisms of social health insurance, and strategic interaction, which explores the interaction among social health insurance agencies, healthcare providers, patients, and institutions. It reveals the poor performance of social health insurance in decreasing out-of-pocket health expenditures caused by a trade-off between the reimbursement, behavior management, and purchasing mechanisms of social health insurance programs. Further, it finds that the inequitable allocation of healthcare resources and patients concerns regarding the benefits offset the strategies used by social health insurance agencies to manage care-seeking behavior. It also discovers that the complex interactions between insurance agencies, doctors, patients and a larger disenabling institutional surrounding restricts the purchasing efficiency of social health insurance. This book is characterized by its unique synthesis of the role of the institutional arrangement of social health insurance in China, the interaction between the stakeholders in health sectors, and of the relationship between healthcare institutions, actors, and policy outcomes. Providing a comprehensive overview, it enables scholars and graduate students to understand the ongoing process of social health insurance reform as well as the dynamics of health cost inflation in China. It also benefits policymakers by recommending a single-payer model based on an evidence-based investigation. "
The Ego and the Id (Complete Psychological Works Of Sigmund Freud Ser. #0)
by Sigmund Freud“Many major ideas have been borne out [of his theories] and are still relevant today.” —Huffington Post One of famed psychoanalyst Sigmund Freud’s most prominent ideas was that of the id, the ego, and the super-ego—the three main factors behind the workings of the human mind. Freud claimed these components of the human psyche controlled all processes of personality, behaviors, and traits in a person. The Id was a person’s most basic and impulsive instincts—the ones that feed into our deepest desires and physical needs. The Super-Ego was the opposite of the id. This component controlled our highest morals and standards, operating through our conscience and making us desire to be our most ideal-selves. The piece in the middle is the Ego. The ego mediates between the id and realities of the world around us, while being supervised (and guilted) by the super-ego. In this new edition of his book, The Ego and the Id, Sigmund Freud delves deeper into the concepts of the human mind and the results of the conflicts and workings between them.
The Eichmann Trial Reconsidered (German and European Studies)
by Ed. Wittmann Rebecca, Ed. Wittmann RebeccaThe Eichmann Trial Reconsidered brings together leading authorities in a transnational, international, and supranational study of Adolf Eichmann, who was captured by the Israelis in Argentina and tried in Jerusalem in 1961. The essays in this important new collection span the disciplines of history, film studies, political science, sociology, psychology, and law. Contributing scholars adopt a wide historical lens, pushing outwards in time and space to examine the historical and legal influence that Adolf Eichmann and his trial held for Israel, West Germany, and the Middle East. In addition to taking up the question of what drove Eichmann, contributors explore the motivation of prosecutors, lawyers, diplomats, and neighbouring countries before, during, and after the trial ended. The Eichmann Trial Reconsidered puts Eichmann at the centre of an exploration of German versus Israeli jurisprudence, national Israeli identities and politics, and the conflict between German, Israeli, and Arab states.
The Eight Secrets of Top Exam Performance in Law School: An Easy-to-use, Step-by-step Approach for Achieving Great Grades
by Charles H. WhitebreadIn this work, nationally-recognized exam expert Professor Charles Whitebread will teach you the eight secrets that will add points to every exam answer you write. You will learn the three keys to handling any essay exam, how to use time to your advantage, issue-spotting, how to organize your answer, and the hidden traps of the "IRAC" method. Once you have mastered these skills, you can put your knowledge to the test with sample exam questions, and check your answers against those provided. There is also a special section on how to do well on other exams, like open book, multiple choice, or policy exams.
The Eighteenth Green (A Jack Patterson Thriller #4)
by Webb HubbellWho was Harold Spencer? All D.C. Lawyer Jack Patterson knew was that Spencer’s dead body had been found on the 18th Green of Columbia Country Club, cancelling Jack’s Saturday golf game. Who is Rachel Goodman? Her name has been plastered on the front page of every newspaper in the country for weeks, branded as a thief of confidential info vital to U.S. National Security and a spy for Israel. She is also the daughter of Jack’s long-time friend and mentor, Ben Jennings. Despite the opposition, Jack feels compelled to defend Rachel. He goes to work against the government, the all-powerful military-industrial complex, most of the press and Congress, all of whom are convinced that Rachel is guilty and should receive the death penalty for her treason. Clovis Jones, Jack’s friend, is the victim of a vicious attack. The more Jack digs, the more complicated and dangerous his work becomes. Even a volunteer group of Navy SEALs may not be enough protection.Jack discovers the key to Rachel’s exoneration lies with Harold Spencer, the man found dead on the 18th Green. Jack rushes to discover who killed Spencer and why, but the murderer has now trained his sights on Jack and will stop at nothing.
The Eighth Amendment and Its Future in a New Age of Punishment
by Meghan J. Ryan William W. Berry IIIThis book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
The Elderly: Legal and Ethical Issues in Healthcare Policy (The International Library of Medicine, Ethics and Law)
by Martin Lyon LevineAging is a public health priority that is becoming increasingly important in both developed and less developed nations, with individual health care providers and law-makers each facing difficult ethical and policy dilemmas. The complex issues physicians deal with include informed consent and patient decision-making capacity, use of advance care planning and decision-making by family and medical staff, and withdrawing and withholding life-sustaining interventions. Broader questions include: has aging been over medicalized? Is it ethical for older patients to receive less medical care than younger ones, through unspoken practice or formal rationing? Is there inevitable conflict between the generations over scarce medical resources? How should physician, patient and family confront end-of-life decisions? How have different nations responded to increasing numbers of the elderly? Have social values changed as to family responsibility and individual autonomy? This volume brings together the most significant published essays in the field.
The Electronic Communications Code and Property Law: Practice and Procedure
by Falcon ChambersLife now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen’s Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).
The Elements of Ethics for Professionals
by Charles R. Ridley W. Brad JohnsonFrom the authors of Elements of Mentoring, this handy guide pulls the existing research on the delicate balance of professional ethics into one concise source. Johnson and Ridley explore seventy-five of the most important and pithy truths for supervisors in all fields, including questions of integrity, loyalty, justice, respect, and delivering one's best in the business environment. The authors delve into all aspects of ethical conduct, including: -- Excellence in the workplace -- Dignity & respect -- Compassion for co-workers -- Coercion & power -- Self-reliance and fidelity -- Ethical decision-making and moralitySuccinct and comprehensive, with examples and takeaway advice, The Elements of Ethics for Professionals is a must-have for any professional or business leader striving to create an ethical workplace.
The Elements of Moral Philosophy
by Stuart Rachels James RachelsFirmly established as the standard text for undergraduate courses in ethics, James Rachels and Stuart Rachels' The Elements of Moral Philosophy introduces readers to major moral concepts and theories through eloquent explanations and compelling, thought-provoking discussions.
The Elements of Moral Philosophy 8th Edition
by Stuart Rachels James RachelsThe Elements of Moral Philosophy by James Rachels and Stuart Rachels is a best-selling text for undergraduate courses in ethics. Thirteen thought-provoking chapters introduce readers to major moral concepts and theories in philosophy through clear, understandable explanations and compelling discussions.
The Elements of Police Hostage and Crisis Negotiations: Critical Incidents and How to Respond to Them
by James L GreenstoneRun a safe and successful crisis negotiation-from start to finish! The Elements of Police Hostage and Crisis Negotiations: Critical Incidents and How to Respond to Them reduces the negotiation procedures for hostage, barricaded, and suicide incidents to their basic elements, providing quick and easy access to the information you need-from the initial call-out to the final debriefing. Based on field-tested principles proven to work, the book also includes newly developed and highly specialized techniques for more experienced negotiators. Author James L. Greenstone provides a user-friendly, step-by-step guide to the intervention and negotiation process that will help you get the job done-right. Designed for day-to-day, on-the-scene use, The Elements of Police Hostage and Crisis Negotiations is a practical handbook for experienced professionals and novices that can also be used as a supplementary textbook for criminal justice, crisis intervention, and psychology coursework. Each chapter contains useful checklists, procedural notes, tables, strategy worksheets, and forms, and the book includes special indices for quick reference in addition to a traditional index. Dr. Greenstone, a police mental health consultant and psychologist who served as Director of the Psychological Services Unit of the Fort Worth Police Department in Texas, uses a simple and direct format that emphasizes procedures, action and results, leaving theoretical discussions for another time and place. The book examines the negotiation process from start to finish, including preincident preparations, first response responsibilities, responding to the call-out, arriving at the scene, preparing to negotiate, making contact, preparing for the surrender, post-incident tasks, preparing equipment, and more. Topics covered in The Elements of Police Hostage and Crisis Negotiations include: legal considerations telephone surveillance guidelines the Stockholm Syndrome working with S.W.A.T. and Tactical Emergency Medical Support dealing with the media recognizing "red flags" the issues of suicide debriefing the hostage team the 150 laws of hostage and crisis negotiation and the 10 most serious errors a negotiator can make The Elements of Police Hostage and Crisis Negotiations: Critical Incidents and How to Respond to Them is a practical guide that&’s equally effective in the field, in training, and in the office.
The Elements of Private Investigation: An Introduction to the Law, Techniques, and Procedures
by Anthony ManleyIn today‘s increasingly litigious society, the threat of a private investigator (PI) being hit with a civil lawsuit or even criminal charges is very real. Keeping up with the multitude of laws that impact what investigators can and can‘t do can be daunting but could prove very costly if ignored.Emphasizing legal and liability issues, The Elements o
The Eleventh Victim
by Nancy GraceInspired by lawyer and television personality Grace's own beginnings as a prosecutor and the tragic death of her fiance, "The Eleventh Victim" is a compelling debut mystery full of intrigue that thrills from start to finish.
The Eleventh Victim
by Nancy GraceThe Eleventh Victim, from former prosecutor Nancy Grace, is a tense thriller depicting a battle of wits between a lawyer, a serial killer, and the NYPD As a young psychology student, Hailey Dean's world explodes when Will, her fiancé, is murdered just weeks before their wedding. Reeling, she fights back the only way she knows how: In court, prosecuting violent crime...putting away the bad guys one rapist, doper, and killer at a time. But dedicating her life to justice takes a toll after years of trials and the endless tide of victims calling out from crime scene photos and autopsy tables. Just as she grows truly weary, a serial killer unlike any other she's encountered begins to stalk the city of Atlanta, targeting young prostitutes, each horrific murder bearing his own unique mark. This courtroom battle will be her last. Hailey heads for Manhattan to pick up the pieces of the life she had before Will's murder, training as a therapist. In a vibrant new world, she finally leaves her ghosts behind. But then her own clients are brutally murdered, one by one, by a copycat using the same M.O. as the Atlanta killer she hunted down years before. Hailey's own DNA is found at the crime scenes. As the body count rises across Manhattan, Hailey is forced to match wits not only with a killer, but with the famed NYPD. Unless she returns to her former life and solves the case, still more innocent people will die at the hands of a killer who plans to get her before she can get him!
The Elusive Mind (Routledge Revivals)
by H. D. LewisFirst published in 1969, The Elusive Mind argues that the mental processes are of a quite different nature from physical ones and belong to an entity which is elusive in the sense that it can only be known, in the first instance, by each person in his own case in the course of having any kind of experience. This ‘elusive’ self is much involved with the body in any conditions we know, but it could also survive the dissolution of the body. The views of thinkers like Ryle, Hampshire, Malcolm, Feigl, and Ayer are subjected to an exceptionally close and critical scrutiny. In presenting these views, the author offers us the substance of the first series of Gifford Lectures he delivered in the University of Edinburgh; and, in what he says on such topics as dreaming; mysticism; and the ‘I-Thou’ relation and on Christian Theology. This book will be an essential read for scholars and researchers of philosophy, philosophy of mind, ethics, and religion.
The Embattled Constitution
by Norman Dorsen"An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making."—David Cole, Professor of Law, Georgetown University The EmbattledConstitution presents thefourth collection of the James Madison lectures delivered at the NYU School ofLaw, offering thoughtful examinations of an array of topics on civil libertiesby a distinguished group of federal judges, including Justice Stephen Breyer ofthe U.S. Supreme Court. The result is a fascinating look into the minds of thejudges who interpret, apply, and give meaning to our “embattled Constitution.”In these insightfuland incisive essays, the authors bring to bear decades of experience to explorewide-ranging issues. Are today’s public schools racially segregated? To whatextent can the federal courts apply the Bill of Rights without legislativeguidance? And what are the criteria for the highest standards of judging and constitutionalinterpretation? The authors also discuss how and why the Constitution came tobe embattled, shining a spotlight on the current polarization in both theSupreme Court and the American body politic and offering careful and informedanalysis of how to bridge these divides.Contributors includeMarsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H.Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J.Harvie Wilkinson, III, and Diane P. Wood.
The Embattled Vote in America: From the Founding to the Present
by Allan J. LichtmanAmericans have died for the right to vote. Yet our democratic system guarantees no one, not even citizens, the opportunity to elect a government. Allan Lichtman calls attention to the founders’ greatest error—leaving the franchise to the discretion of individual states—and explains why it has triggered an unending struggle over voting rights.
The Embattled Vote in America: From the Founding to the Present
by Allan J. LichtmanAmericans have died for the right to vote. Yet our democratic system guarantees no one, not even citizens, the opportunity to elect a government. Allan Lichtman calls attention to the founders’ greatest error—leaving the franchise to the discretion of individual states—and explains why it has triggered an unending struggle over voting rights.
The Emergence of Biolaw: The European Experience and the Evolutionary Approach (Springer Textbooks in Law)
by Takis VidalisThis book introduces “biolaw” as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term “biolaw” is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an “evolutionary” approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.
The Emergence of Corporate Governance: People, Power and Performance (Routledge International Studies in Business History)
by Knut SognerCorporate governance is not just about models of best practice organisation or prescriptions following laws or social conventions. Corporate governance is also about persons of power seeking performance, and they do so in ways that transcend structures and pre-conceived notions of the structural set-up of the business. This book emphasises the decision-making dimensions of corporate governance, placing it right in the messy middle of the ever-changing world of capitalism, focussing on the interplay between professional managers and shareholders. This book aims to bring together several fresh perspectives on the development of capitalism seen through the lens of corporate governance. It illustrates the role of intentionality and persons, both as a method with which to understand processes of change, but also as a principle with which to seek a deeper understanding of the corporate governance choices made. It will be of interest to researchers, academics and students in the fields of corporate governance and entrepreneurship, as well as practitioners and other audience interested in the evolution of capitalism and corporate culture.
The Emergence of Indigenous Peoples
by Rodolfo StavenhagenThis is the second part of a trilogy published in the Springer Briefs on Pioneers in Science and Practice on the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico. Rodolfo Stavenhagen wrote this collection of six essays on The Emergence of Indigenous Peoples between 1965 and 2009. These widely discussed classic texts address: Classes, Colonialism and Acculturation (1965); Indigenous Peoples: An Introduction (2009); The Return of the Native: The Indigenous Challenge in Latin America (2002); Indigenous Peoples in Comparative Perspective (2004); Mexico's Unfinished Symphony: The Zapatista Movement (2000); and Struggle and Resistance: Mexico's Indians in Transition (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national and international level. These texts deal with human rights, especially during the years he the author served as United Nations special rapporteur on the rights of indigenous peoples.
The Emergence of Personal Data Protection as a Fundamental Right of the EU
by Gloria González FusterThis book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right's significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right's emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render 'more visible' an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU's involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law's multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.
The Emerging Autonomous Legal Order of the Eurasian Economic Union
by Maksim KarliukIn this original study of the Eurasian Economic Union, Maksim Karliuk assesses the law and dynamics of functioning of this international organization. Examining the Eurasian Economic Union as an attempt to encourage post-Soviet integration, this book addresses the problematic legal issues of the integration process. Using the legal order autonomy framework, Karliuk carefully selects and organizes the topics included to offer readers a clear, systematic account of the most significant concerns. As well as considering theoretical issues, Karliuk engages with practical solutions to the problems identified. Besides merely outlining the present, this book develops a framework to address gaps and failures in current integration efforts and encourages further research into the complexities of Eurasian integration in the future.