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Ad Hoc Arbitration in China
by Tietie ZhangArbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People’s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.
Ad Law: The Essential Guide to Advertising Law and Regulation
by Richard LindsayThe implications of breaching UK advertising laws or regulations can be both costly and time-consuming. If a campaign is found to be potentially offensive, harmful or misleading, for example, all of the creative work and strategic planning may have to be withdrawn or changed. That is not only expensive but likely to attract very negative publicity to the brand. Ad Law is the essential practical guide to the law and regulation of advertising and marketing communications, offering level-headed advice on everyday questions encountered when designing and running promotional campaigns. Spanning legal issues such as intellectual property, privacy and defamation as well as the self-regulatory framework in the UK to which advertisers must adhere, Ad Law expertly leads readers through the most applicable laws and regulations, explains how to comply and points out common pitfalls. In addition, guidance on the practical side of the business of advertising is included, discussing the new industry-standard client/agency agreement, for example. Ad Law contains guidance based on real-world experiences from media and advertising lawyers and the IPA legal team, making it the ideal companion for advertising and marketing professionals as well as lawyers in the sector.
Adam Mitzner Boxed Set: A Conflict of Interest and A Case of Redemption
by Adam MitznerFollow the riveting stories of two New York City defense lawyers, back-to-back, in this ebook-only package combining Adam Mitzner's acclaimed legal thrillers A Conflict of Interest and A Case of Redemption.A Conflict of Interest Criminal defense attorney Alex Miller has the life he's always dreamed of: a loving and patient wife, a beautiful daughter, and a career as the youngest partner in one of the most powerful law firms in New York City. At his father's funeral, Alex meets a wealthy and mysterious family friend who requests his representation in a high-profile criminal investigation of an alleged brokerage scam that has cost investors hundreds of millions of dollars. The shocking facts of the case propel Alex to unscrupulous depths in a desperate search for the truth, forcing him to confront a past defined by deception and a future in jeopardy. One false step will close the case on Alex and everything he holds dear forever. A Case of Redemption Dan Sorenson was once a high-powered New York defense attorney...but that was before a horrifying accident killed the two most important people in his life. As he approaches rock bottom, Dan is unexpectedly offered the opportunity of a lifetime: defend an up-and-coming rapper who swears he's innocent of the brutal slaying of his pop star girlfriend. Dan realizes that this may be his only hope to put his own life back on track, but as he delves deeper into the case, he learns that atonement comes at a very steep price.
Adam Mitzner Boxed Set: A Case of Redemption And A Conflict of Interest
by Adam MitznerFollow the riveting stories of two New York City defense lawyers, back-to-back, in this ebook-only package combining Adam Mitzner’s acclaimed legal thrillers A Conflict of Interest and A Case of Redemption. A Conflict of Interest: Criminal defense attorney Alex Miller has the life he’s always dreamed of: a loving and patient wife, a beautiful daughter, and a career as the youngest partner in one of the most powerful law firms in New York City. At his father’s funeral, Alex meets a wealthy and mysterious family friend who requests his representation in a high-profile criminal investigation of an alleged brokerage scam that has cost investors hundreds of millions of dollars. The shocking facts of the case propel Alex to unscrupulous depths in a desperate search for the truth, forcing him to confront a past defined by deception and a future in jeopardy. One false step will close the case on Alex and everything he holds dear forever. A Case of Redemption: Dan Sorenson was once a high-powered New York defense attorney… but that was before a horrifying accident killed the two most important people in his life. As he approaches rock bottom, Dan is unexpectedly offered the opportunity of a lifetime: defend an up-and-coming rapper who swears he’s innocent of the brutal slaying of his pop star girlfriend. Dan realizes that this may be his only hope to put his own life back on track, but as he delves deeper into the case, he learns that atonement comes at a very steep price.
Adam Smith: Father of Economics
by Jesse NormanA dazzlingly original account of the life and thought of Adam Smith, the greatest economist of all time Adam Smith (1723-1790) is now widely regarded as the greatest economist of all time. But what he really thought, and the implications of his ideas, remain fiercely contested. Was he an eloquent advocate of capitalism and individual freedom? A prime mover of "market fundamentalism"? An apologist for human selfishness? Or something else entirely? In Adam Smith, political philosopher Jesse Norman dispels the myths and caricatures, and provides a far more complex portrait of the man. Offering a highly engaging account of Smith's life and times, Norman explores his work as a whole and traces his influence over two centuries to the present day. Finally, he shows how a proper understanding of Smith can help us address the problems of modern capitalism. The Smith who emerges from this book is not only the greatest of all economists but a pioneering theorist of moral philosophy, culture, and society.
Adam Smith: The Theory of Moral Sentiments
by D. D. Raphael A. L. Macfie Adam SmithMan's moral nature is influenced by sentiment and sympathy. The human ability to sympathize forms the psychological basis of man's desire to adhere to natural moral laws. Adam Smith explores ideas about individual freedom and self-interest, conscience and virtue, and a classic work of moral philosophy that remains relevant.
Adam Smith: Lectures on Jurisprudence
by Adam Smith R. L. Meek D. D. Raphael P. G. SteinSmith's Lectures on Jurisprudence, originally delivered at the University of Glasgow in 1762-1763, present his "theory of the rules by which civil government ought to be directed. " The chief purpose of government, according to Smith, is to preserve justice; and "the object of justice is security from injury. " The state must protect the individual's right to his person, property, reputation, and social relations. Building on his Theory of Moral Sentiments, Smith argues that the state must act as an impartial spectator, judging when an individual has been injured. The state must then design and apply civil and criminal laws to prevent further injuries and punish transgressors. Laws are also the means by which the state promotes public prosperity. Thus, regulations concerning trade, commerce, and production must be crafted so as to encourage rather than interfere with our productive capacities.
Adam Smith And The Character Of Virtue
by Ryan Patrick HanleyRecent years have witnessed a renewed debate over the costs at which the benefits of free markets have been bought. This book revisits the moral and political philosophy of Adam Smith, capitalism's founding father, to recover his understanding of the morals of the market age. In so doing it illuminates a crucial albeit overlooked side of Smith's project: his diagnosis of the ethical ills of commercial societies and the remedy he advanced to cure them. Focusing on Smith's analysis of the psychological and social ills endemic to commercial society - anxiety and restlessness, inauthenticity and mediocrity, alienation and individualism - it argues that Smith sought to combat corruption by cultivating the virtues of prudence, magnanimity, and beneficence. The result constitutes a new morality for modernity, at once a synthesis of commercial, classical, and Christian virtues and a normative response to one of the most pressing political problems of Smith's day and ours. Ryan Patrick Hanley is Assistant Professor of Political Science at Marquette University. His research in the history of political philosophy has appeared in the American Political Science Review, the American Journal of Political Science, the Review of Politics, History of Political Thought, the European Journal of Political Theory, and other academic journals and edited volumes. He is also the editor of the forthcoming Penguin Classics edition of Adam Smith's Theory of Moral Sentiments, featuring an introduction by Amartya Sen, and a co-editor, with Darrin McMahon, of The Enlightenment: Critical Concepts in History.
Adam Smith and the Circles of Sympathy: Cosmopolitanism and Moral Theory
by Fonna Forman-BarzilaiA broad-ranging study of Smith's views on moral judgement, humanitarian care, commerce, justice and international law.
Adam Smith on the Ancients and the Moderns (Routledge Studies in the History of Economics)
by Gloria VivenzaThe classics heavily influenced many aspects of European modern culture, yet it is not easy to trace their intellectual power on any author. In this volume, Gloria Vivenza takes on the impressive task of examining how philosophy, history, literature, politics, and ethics all played a part in shaping Adam Smith’s thought as a scholar, philosopher, and economist.This book will be of interest to advanced students and researchers in the history of economic thought, the history of philosophy, moral philosophy, political theory, and the Enlightenment.
Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics
by Paul SagarA radical reinterpretation of Adam Smith that challenges economists, moral philosophers, political theorists, and intellectual historians to rethink him—and why he mattersAdam Smith has long been recognized as the father of modern economics. More recently, scholars have emphasized his standing as a moral philosopher—one who was prepared to critique markets as well as to praise them. But Smith&’s contributions to political theory are still underappreciated and relatively neglected. In this bold, revisionary book, Paul Sagar argues that not only have the fundamentals of Smith&’s political thought been widely misunderstood, but that once we understand them correctly, our estimations of Smith as economist and as moral philosopher must radically change.Rather than seeing Smith either as the prophet of the free market, or as a moralist who thought the dangers of commerce lay primarily in the corrupting effects of trade, Sagar shows why Smith is more thoroughly a political thinker who made major contributions to the history of political thought. Smith, Sagar argues, saw war, not commerce, as the engine of political change and he was centrally concerned with the political, not moral, dimensions of—and threats to—commercial societies. In this light, the true contours and power of Smith&’s foundational contributions to western political thought emerge as never before.Offering major reinterpretations of Smith&’s political, moral, and economic ideas, Adam Smith Reconsidered seeks to revolutionize how he is understood. In doing so, it recovers Smith&’s original way of doing political theory, one rooted in the importance of history and the necessity of maintaining a realist sensibility, and from which we still have much to learn.
Adam Smith’s America: How a Scottish Philosopher Became an Icon of American Capitalism
by Glory M. LiuThe unlikely story of how Americans canonized Adam Smith as the patron saint of free marketsOriginally published in 1776, Adam Smith&’s The Wealth of Nations was lauded by America&’s founders as a landmark work of Enlightenment thinking about national wealth, statecraft, and moral virtue. Today, Smith is one of the most influential icons of economic thought in America. Glory Liu traces how generations of Americans have read, reinterpreted, and weaponized Smith&’s ideas, revealing how his popular image as a champion of American-style capitalism and free markets is a historical invention.Drawing on a trove of illuminating archival materials, Liu tells the story of how an unassuming Scottish philosopher captured the American imagination and played a leading role in shaping American economic and political ideas. She shows how Smith became known as the father of political economy in the nineteenth century and was firmly associated with free trade, and how, in the aftermath of the Great Depression, the Chicago School of Economics transformed him into the preeminent theorist of self-interest and the miracle of free markets. Liu explores how a new generation of political theorists and public intellectuals has sought to recover Smith&’s original intentions and restore his reputation as a moral philosopher.Charting the enduring fascination that this humble philosopher from Scotland has held for American readers over more than two centuries, Adam Smith&’s America shows how Smith continues to be a vehicle for articulating perennial moral and political anxieties about modern capitalism.
Adam Smith’s Moral Sentiments in Vanity Fair: Lessons in Business Ethics from Becky Sharp (Issues in Business Ethics #49)
by Rosa SlegersAccording to Adam Smith, vanity is a vice that contains a promise: a vain person is much more likely than a person with low self-esteem to accomplish great things. Problematic as it may be from a moral perspective, vanity makes a person more likely to succeed in business, politics and other public pursuits. “The great secret of education,” Smith writes, “is to direct vanity to proper objects:” this peculiar vice can serve as a stepping-stone to virtue. How can this transformation be accomplished and what might go wrong along the way? What exactly is vanity and how does it factor into our personal and professional lives, for better and for worse?This book brings Smith’s Theory of Moral Sentiments into conversation with William Makepeace Thackeray’s Vanity Fair to offer an analysis of vanity and the objects (proper and otherwise) to which it may be directed. Leading the way through the literary case study presented here is Becky Sharp, the ambitious and cunning protagonist of Thackeray’s novel. Becky is joined by a number of other 19th Century literary heroines – drawn from the novels of Jane Austen, Charlotte Brontë and George Eliot – whose feminine (and feminist) perspectives complement Smith’s astute observations and complicate his account of vanity. The fictional characters featured in this volume enrich and deepen our understanding of Smith’s work and disclose parts of our own experience in a fresh way, revealing the dark and at times ridiculous aspects of life in Vanity Fair, today as in the past.
Adapting International Criminal Justice in Southeast Asia: Beyond the International Criminal Court
by Emma PalmerHow is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the 'global' and 'local' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.
Adapting to Climate Change: 2.0 Enterprise Risk Management (Doshorts Ser.)
by Mark Trexler Laura KosloffMost companies do not yet recognize what it means to adapt to future climate change, and do not yet see it as a business priority. Adapting to Climate Change tackles two key questions facing decision makers: 1) Is adaptation worth it to me? and 2) If it is worth it, can I really tackle it? If a company has reason to worry about the potential impacts of weather on its operations and supply chains, it probably has cause to worry about climate change. However, "adapting to the weather" is not the same as incorporating climate change adaptation into corporate planning. In the former a company is managing conditions they are already experiencing. The latter involves preparing for forecasted impacts of climate change. Focusing on today’s weather and not tomorrow’s climate leaves a lot of risk on the table, especially if the climate continues to change faster than many climate models have projected. The uncertainties associated with forecasting climate change on a timeframe and at a scale that is relevant to corporate decision making can appear daunting. It is not necessary, however, to have perfect information to advance corporate preparedness for and resilience to climate change. Companies can improve their ability to make robust decisions under conditions of uncertainty without perfect information. A Bayesian approach to reducing uncertainty over time can cost-effectively support companies in understanding and managing many potential climate risks and can avoid the need to depend on future predictions. Instead, initial effort can focus on where a company will have confidence in its analysis and the ability to influence its level of risk, namely in assessing its exposure and vulnerability to climate hazards. As the hazards themselves become more clear, risk management strategies can be quickly adapted.
Adaptive Fisheries Governance in Changing Coastal Regions in Japan (International Perspectives in Geography #13)
by Akiko Ikeguchi Takafumi Yokoyama Seishiro SakitaJapan’s fisheries sector is undergoing a major restructuring. The coastal ecological change and natural disasters such as tsunami demand that communities transform or organize resource governance anew. Under the national policy of decentralization to cope with the aging and declining population, the availability of local infrastructure, both physical and social, plays a significant role in the adaptive capacity of the community. This book presents the historical and spatial dynamics of coastal fisheries resource governance in response to different environmental changes, its socio-political context, and challenges raised by academicians. The reader will find the national trends and geographical patterns of the administrative restructuring in the communities and fisheries cooperatives from abundant maps and figures, as well as a rich description of adaptive governance in the scale of region and community by ecological-historical approaches. Comparative analysis of the communities provides a practical framework to understand a variety of local resources in Japan’s coastal regions, which will serve as a guide to the development of alternative adaptive governance in community-based small-scale fisheries in the world.
Adaptive Leadership: The Heifetz Collection
by Ronald A. Heifetz Marty Linsky Alexander GrashowIn times of constant change, adaptive leadership is critical. This Harvard Business Review collection brings together the seminal ideas on how to adapt and thrive in challenging environments, from leading thinkers on the topic-most notably Ronald A. Heifetz of the Harvard Kennedy School and Cambridge Leadership Associates.The Heifetz Collection includes two classic books: Leadership on the Line, by Ron Heifetz and Marty Linsky, and The Practice of Adaptive Leadership, by Heifetz, Linsky, and Alexander Grashow. Also included is the popular Harvard Business Review article, "Leadership in a (Permanent) Crisis," written by all three authors. Available together for the first time, this collection includes full digital editions of each work.Adaptive leadership is a practical framework for dealing with today's mix of urgency, high stakes, and uncertainty. It has been used by individuals, organizations, businesses, and governments worldwide. In a world of challenging environments, adaptive leadership serves as a guide to distinguishing the essential from the expendable, beginning the meaningful process of adaption, and changing the status quo.Ronald A. Heifetz is a cofounder of the international leadership and consulting practice Cambridge Leadership Associates (CLA) and the founding director of the Center for Public Leadership at the Harvard Kennedy School. He is renowned worldwide for his innovative work on the practice and teaching of leadership. Marty Linsky is a cofounder of CLA and has taught at the Kennedy School for more than twenty-five years. Alexander Grashow is a Senior Advisor to CLA, having previously held the position of CEO.
Adaptive Mediation and Conflict Resolution: Peace-making in Colombia, Mozambique, the Philippines, and Syria (Sustainable Development Goals Series)
by Cedric De Coning Ako Muto Rui SaraivaThis open access book introduces adaptive mediation as an alternative approach that enables mediators to go beyond liberal peace mediation, or other determined-design models of mediation, in the context of contemporary conflict resolution and peace-making initiatives. Adaptive mediation is grounded in complexity theory, and is specifically designed to cope with highly dynamic conflict situations characterized by uncertainty and a lack of predictability. It is also a facilitated mediation process whereby the content of agreements emerges from the parties to the conflict themselves, informed by the context within which the conflict is situated. This book presents the core principles and practices of adaptive mediation in conjunction with empirical evidence from four diverse case studies – Colombia, Mozambique, The Philippines, and Syria – with a view to generate recommendations for how mediators can apply adaptive mediation approaches to resolve and transform contemporary and future armed conflicts.
Adaptiveness: Changing Earth System Governance
by Bernd Siebenhüner Riyanti DjalanteRapid and transformational actions are ever more urgently needed to achieve a just, resilient, and ecologically sustainable global society, as envisioned and supported by the Sustainable Development Goals. Moreover, dynamic governance approaches are vital for addressing changing and uncertain conditions. At many levels, governance needs to be responsive and flexible - in one word - adaptive. This book provides a state-of-the-art review of the conceptual development of adaptiveness as a key concept in the environmental governance literature, complemented by applications from global, regional, and national levels. It reviews the politics of adaptiveness, investigates which governance processes foster adaptiveness, and discusses how, when and why adaptiveness influences earth system governance. It is a timely synthesis for students, researchers and practitioners interested in environmental governance, sustainability and social change processes. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.
Adcreep: The Case Against Modern Marketing
by Mark BartholomewAdvertising 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.
Addressing Emerging Trends to Support the Future of Criminal Justice: Findings of the Criminal Justice Technology Forecasting Group
by John S. Hollywood Dulani Woods Andrew Lauland Brian A. Jackson Richard SilberglittThe Criminal Justice Technology Forecasting Group (CJTFG) deliberated on the effects that major technology and social trends could have on criminal justice in the next two to five years and identified potential responses. This report captures the results of the group’s meetings and initiatives, presents the emerging trends and highlights of the group’s discussion, and presents the results of analyses to assess connections between the trends.
Addressing Environmental and Food Justice toward Dismantling the School-to-Prison Pipeline: Poisoning and Imprisoning Youth
by John Lupinacci Anthony J. Nocella K. Animashaun DucreThis cutting-edge collection of essays presents to the reader leading voices within food justice, environmental justice, and school to prison pipeline movements. While many schools, community organizers, professors, politicians, unions, teachers, parents, youth, social workers, and youth advocates are focusing on curriculum, discipline policies, policing practices, incarceration demographics, and diversity of staff, the authors of this book argue that even if all those issues are addressed, healthy food and living environment are fundamental to the emancipation of youth. This book is for anyone who wants to truly understand the school to prison pipeline as well as those interested in peace, social justice, environmentalism, racial justice, youth advocacy, transformative justice, food, veganism, and economic justice.
Addressing Rape Reform in Law and Practice
by Susan CaringellaThe first comprehensive book on rape since Susan Brownmiller's Against Our Will and Susan Estrich's Real Rape, this volume probes every aspect of rape law and the discrepancies between ideal law (on the books) and real law (in action). Susan Caringella canvasses the success and failure of reform in the United States, as well as Australia, Britain, Canada, and New Zealand, and assesses alternative perspectives on rape reform, making use of theoretical models, court cases and statistical data. She uniquely delineates a creative model for change while addressing the discretion that undermines efforts at change. This includes charging the accused and plea bargaining, confronting a lack of transparency and accountability in implementing law, and acquiring funding for such changes.
¡Adios, America!: The Left's Plan to Turn Our Country into a Third World Hellhole
by Ann CoulterAnn Coulter is back, more fearless than ever. In ¡Adios, America! she touches the third rail in American politics, attacking the immigration issue head-on and flying in the face of La Raza, the Democrats, a media determined to cover up immigrants' crimes, churches that get paid by the government for their "charity," and greedy Republican businessmen and campaign consultants--all of whom are profiting handsomely from mass immigration that's tearing the country apart. Applying her trademark biting humor to the disaster that is U. S. immigration policy, Coulter proves that immigration is the most important issue facing America today.
Adjudicating Climate Change: State, National, and International Approaches
by William C. G. Burns Hari M. OsofskyCourts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers, and academics.