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A Primer on Corporate Governance
by Cornelis A. de KluyverThis book is a primer on corporate governance--the system that defines the distribution of rights and responsibilities among different participants in the corporation, such as the board, managers, shareholders, and other stakeholders, and spells out the rules and procedures for making decisions on corporate affairs. Corporate governance also deals with how a company's objectives are set and the means of attaining those objectives and monitoring performance. The importance of this subject can hardly be overstated. As recent corporate scandals have shown and the current financial crisis reminds us, the efficacy of corporate decision making and our regulatory systems directly affect our well-being. Sound corporate governance not only pays by producing value for all stakeholders of the firm but also, even more importantly, it is the right thing to do--for investors, other stakeholders, and society at large. In other words, sound corporate governance is also a moral imperative. This book is designed to help you become a more effective participant in the corporate governance system--as an executive dealing with a board, as a director, or as a representative of a company's other numerous stakeholders. The book contains two major parts, an epilogue, and appendices. The first part looks at corporate governance from a macro perspective. It describes the U.S. corporate governance system and its principal actors and briefly surveys the history of U.S. corporate governance, including the wave of governance scandals that occurred around the turn of the century. The second part focuses on the board itself and its principal challenges: CEO selection and succession planning, the board's responsibilities in the areas of oversight, compliance and risk management, the board's role in strategy development, the issue of CEO performance appraisal and executive compensation, a board's challenges in dealing with unexpected events and crises, and finally, a board's most difficult challenge--managing itself. The epilogue briefly looks into the future and deals with subjects that are just beginning to appear on boardroom agendas. It assesses the emerging global convergence of governance systems, requirements, and practices; it looks at the prospects of further U.S. governance reform; and it discusses the changing relationship between business and society and its likely impact in the boardroom.
A Primer on Legal Reasoning
by Michael Evan GoldAfter years of teaching law courses to undergraduate, graduate, and law students, Michael Evan Gold has come to believe that the traditional way of teaching – analysis, explanation, and example – is superior to the Socratic Method for students at the outset of their studies.In courses taught Socratically, even the most gifted students can struggle, and many others are lost in a fog for months. Gold offers a meta approach to teaching legal reasoning, bringing the process of argumentation to the fore.Using examples both from the law and from daily life, Gold's book will help undergraduates and first-year law students to understand legal discourse. The book analyzes and illustrates the principles of legal reasoning, such as logical deduction, analogies and distinctions, and application of law to fact, and even solves the mystery of how to spot an issue.In Gold's experience, students who understand the principles of analytical thinking are able to understand arguments, to evaluate and reply to them, and ultimately to construct sound arguments of their own.
A Problem From Hell: American and the Age of Genocide
by Samantha Power<P>In 1993, as a 23-year-old correspondent covering the wars in the Balkans, I was initially comforted by the roar of NATO planes flying overhead. <P>President Clinton and other western leaders had sent the planes to monitor the Bosnian war, which had killed almost 200,000 civilians. But it soon became clear that NATO was unwilling to target those engaged in brutal "ethnic cleansing. " American statesmen described Bosnia as "a problem from hell," and for three and a half years refused to invest the diplomatic and military capital needed to stop the murder of innocents. <P> In Rwanda, around the same time, some 800,000 Tutsi and opposition Hutu were exterminated in the swiftest killing spree of the twentieth century. Again, the United States failed to intervene. This time U. S. policy-makers avoided labeling events "genocide" and spearheaded the withdrawal of UN peacekeepers stationed in Rwanda who might have stopped the massacres underway. <P>Whatever America's commitment to Holocaust remembrance (embodied in the presence of the Holocaust Museum on the Mall in Washington, D. C. ), the United States has never intervened to stop genocide. This book is an effort to understand why. <P> While the history of America's response to genocide is not an uplifting one, "A Problem from Hell" tells the stories of countless Americans who took seriously the slogan of "never again" and tried to secure American intervention. Only by understanding the reasons for their small successes and colossal failures can we understand what we as a country, and we as citizens, could have done to stop the most savage crimes of the last century. -Samantha <P><P> <B>Pulitzer Prize Winner</B>
A Promise to Ourselves: A Journey Through Fatherhood and Divorce
by Mark Tabb Alec BaldwinAlec Baldwin, one of the best-known actors and Kim Basinger, the Academy Award-winning actress, have a daughter named Ireland. Theirs seemed to be the model of a successful Hollywood marriage until their divorce in 2002. Their split---specifically the custody battle surrounding Ireland---would be the subject of media attention for years to come. This is an important, informative, and deeply felt book on a contentious subject that offers hope of finding a better way.
A Proper Sense of Honor: Service and Sacrifice in George Washington's Army
by Caroline CoxStarting with the decision by patriot leaders to create a corps of officers who were gentlemen and a body of soldiers who were not, Caroline Cox examines the great gap that existed in the conditions of service of soldiers and officers in the Continental army.
A Public Empire: Property and the Quest for the Common Good in Imperial Russia
by Ekaterina Pravilova"Property rights" and "Russia" do not usually belong in the same sentence. Rather, our general image of the nation is of insecurity of private ownership and defenselessness in the face of the state. Many scholars have attributed Russia's long-term development problems to a failure to advance property rights for the modern age and blamed Russian intellectuals for their indifference to the issues of ownership. A Public Empire refutes this widely shared conventional wisdom and analyzes the emergence of Russian property regimes from the time of Catherine the Great through World War I and the revolutions of 1917. Most importantly, A Public Empire shows the emergence of the new practices of owning "public things" in imperial Russia and the attempts of Russian intellectuals to reconcile the security of property with the ideals of the common good.The book analyzes how the belief that certain objects—rivers, forests, minerals, historical monuments, icons, and Russian literary classics—should accede to some kind of public status developed in Russia in the mid-nineteenth century. Professional experts and liberal politicians advocated for a property reform that aimed at exempting public things from private ownership, while the tsars and the imperial government employed the rhetoric of protecting the sanctity of private property and resisted attempts at its limitation.Exploring the Russian ways of thinking about property, A Public Empire looks at problems of state reform and the formation of civil society, which, as the book argues, should be rethought as a process of constructing "the public" through the reform of property rights.
A Puget Sound Orca in Captivity: The Fight To Bring Lolita Home
by David Neiwert Sandra PollardOn August 8, 1970, the Southern Resident orcas of Puget Sound were herded into Penn Cove on Whidbey Island by explosives, spotter planes and speedboats in a coordinated effort to capture seven young whales. Between 1964 and 1976, dozens of these now-endangered orcas were torn from their home and sent to marine parks around the globe. Just over a decade later, all but one had died. This lone survivor is Tokitae, also known as Lolita, and she's spent most of her life performing at the Miami Seaquarium. For twenty years, the Orca Network has called for her release, and now the indigenous Lummi Nation, People of the Sea, have joined the fight. Author Sandra Pollard chronicles the extraordinary effort to bring Tokitae home.
A Qualified Hope: The Indian Supreme Court and Progressive Social Change (Comparative Constitutional Law and Policy)
by Gerald N. Rosenberg Sudhir Krishnaswamy Shishir BailThe Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court's most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court's procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.
A Question Of Intent: A Great American Battle With A Deadly Industry
by David KesslerTobacco companies had been protecting their turf for decades. They had congressmen in their pocket. They had corrupt scientists who made excuses about nicotine, cancer and addiction. They had hordes of lawyers to threaten anyone-inside the industry or out-who posed a problem. They had a whole lot of money to spend. And they were good at getting people to do what they wanted them to do. After all, they had already convinced millions of Americans to take up an addictive, unhealthy, and potentially deadly habit. David Kessler didn't care about all that. In this book he tells for the first time the thrilling detective story of how the underdog FDA-while safeguarding the nation's food, drugs, and blood supply-finally decided to take on one of the world's most powerful opponents, and how it won. Like A Civil Action or And the Band Played On, A Question of Intent weaves together science, law, and fascinating characters to tell an important and often unexpectedly moving story. We follow Kessler's team of investigators as they race to find the clues that will allow the FDA to assert jurisdiction over cigarettes, while the tobacco companies and their lawyers fight back-hard. Full of insider information and drama, told with wit, and animated by its author's moral passion, A Question of Intent reads like a Grisham thriller, with one exception-everything in it is true.
A Question Of Trust: The BBC Reith Lectures 2002
by Onora O'NeillOnora O'Neill's timely new work highlights a great paradox: in order to inspire trust, we, the public, require more accountability, more transparency. But the more we learn about our financial institutions, our politicians, our medical practitioners, our clergy, and many other people who have a direct effect on our lives, the less willing we are to trust them. Their word is doubted, their motives questioned. Whether real or perceived, this crisis of trust has a debilitating impact on society and democracy. Can trust be restored by making people and institutions more accountable in a modern democracy? Or do complex systems of accountability and control damage trust? O'nora O' Neill challenges current approaches to accountability, investigates sources of deception in our society and re-examines questions of press freedom. |L O'Neill presented these ideas this spring as a part of the BBC Radio 4's reith Lectures. Established in 1948, the Reith Lectures are presented to advance public understanding about significant issues of contemporary interest. Previous lecturers include Bertrand Russel, Robert Oppenheimer, and J.K. Galbraith.
A Question of Choice: Roe V. Wade 40th Anniversary Edition
by Sarah WeddingtonA memoir filled with &“valuable, passionate insights&” from the lawyer who argued the landmark Roe v. Wade case to the Supreme Court (Kirkus Reviews). More than 40 years ago, the highest court in the land handed down a decision that would forever alter the lives of women throughout the United States. Roe v. Wade became the seminal lawsuit that gave American women the legal right to abortion. Weddington, just 27 years old in 1973, became a key figure in the reproductive rights movement when she took on the case. Here she recounts her remarkable story, from her personal experience with abortion and the workforce discrimination she faced in her early career to the judicial proceedings and long journey she has undertaken in fighting for women&’s rights since. As divisive as ever, the famous decision is continually threatened by organized pro-life groups. Weddington compels &“those who are willing to share the responsibility of protecting choice,&” to follow her plan of action in supporting the legal rights of women. A Question of Choice is an &“eloquent reminder of what Roe truly means—that our most private decisions can be made behind the closed doors of our homes, with our families, and in private conversations with our hearts&” (Former President Bill Clinton).
A Question of Freedom: The Families Who Challenged Slavery from the Nation’s Founding to the Civil War
by William G. Thomas IIIThe story of the longest and most complex legal challenge to slavery in American history <P><P> For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. <P><P>Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
A Radically Democratic Response to Global Governance: Dystopian Utopias (Transnational Law and Governance)
by Margaret Stout Jeannine M. LoveThis book presents a critique of dominant governance theories grounded in an understanding of existence as a static, discrete, mechanistic process, while also identifying the failures of theories that assume dynamic alternatives of either a radically collectivist or individualist nature. Relationships between ontology and governance practices are established, drawing upon a wide range of social, political, and administrative theory. Employing the ideal-type method and dialectical analysis to establish meanings, the authors develop a typology of four dominant approaches to governance. The authors then provide a systematic analysis of each governance approach, thoroughly unpacking and critiquing each one and exploring the relationships and movements among them that engender reform and revolution as well as retrenchment and obfuscation of power dynamics. After demonstrating that each governance approach has fatal flaws within a diverse global context, the authors propose an alternative they call Integrative Governance. As a synthesis of the ideal-types, Integrative Governance is neither individualist nor collectivist, while still maintaining the dynamic character required to accommodate responsiveness to cultural contexts.
A Radiologic Atlas of Abuse, Torture, Terrorism, and Inflicted Trauma
by B. G. Brogdon Hermann Vogel John D. McDowellThe results of aggression against humans can be hideously obvious, but may also be entirely concealed from casual inspection. Often, only exploration of the hidden recesses of the mind via psychiatric evaluation, or radiologic exploration of the inner recesses of the body can reveal the evidence of such violence. This book focuses on the latter.<BR
A Rare Breed of Love: The True Story of Baby and the Mission She Inspired to Help Dogs Everywhere
by Jana KohlThis true story chronicles the travels of Baby, a three-legged poodle rescued from a puppy mill, who, along with her human, Kohl, aim to raise awareness and help stop animal cruelty.
A Rat Is a Pig Is a Dog Is a Boy
by Wesley J. SmithOver the past thirty years, as Wesley J. Smith details in his latest book, the concept of animal rights has been seeping into the very bone marrow of Western culture. One reason for this development is that the term "animal rights" is so often used very loosely, to mean simply being nicer to animals. But although animal rights groups do sometimes focus their activism on promoting animal welfare, the larger movement they represent is actually advancing a radical belief system.For some activists, the animal rights ideology amounts to a quasi religion, one whose central doctrine declares a moral equivalency between the value of animal lives and the value of human lives. Animal rights ideologues embrace their beliefs with a fervor that is remarkably intense and sustained, to the point that many dedicate their entire lives to "speaking for those who cannot speak for themselves." Some believe their cause to be so righteous that it entitles them to cross the line from legitimate advocacy to vandalism and harassment, or even terrorism against medical researchers, the fur and food industries, and others they accuse of abusing animals.All people who love animals and recognize their intrinsic worth can agree with Wesley J. Smith that human beings owe animals respect, kindness, and humane care. But Smith argues eloquently that our obligation to humanity matters more, and that granting "rights" to animals would inevitably diminish human dignity.In making this case with reason and passion, A Rat Is a Pig Is a Dog Is a Boy strikes a major blow against a radically antihuman dogma.
A Rational Approach to Animal Rights: Extensions in Abolitionist Theory
by Corey Lee WrennA Rational Approach to Animal Rights.
A Rational Approach to Animal Rights: Extensions in Abolitionist Theory
by Corey WrennApplying critical sociological theory, this book explores the shortcomings of popular tactics in animal liberation efforts. Building a case for a scientifically-grounded grassroots approach, it is argued that professionalized advocacy that works in the service of theistic, capitalist, patriarchal institutions will find difficulty achieving success.
A Real Mind: The Life and Work of Axel Hägerström (Law and Philosophy Library #87)
by Patricia MindusThis comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström's intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström's main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström's theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström's life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy
by Richard L. HasenWhy it's time to enshrine the right to vote in the ConstitutionThroughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress&’s ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all.Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election.The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what&’s in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.
A Recent History of Homicide Investigation: Changes and Implications for Criminal Justice in England and Wales (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Sophie PikeDrawing on in-depth research, including interviews with former and serving detectives, this book explores how homicide investigation in England and Wales has changed since the 1980s and the opportunities and challenges that have arisen as a consequence. The investigation of homicide in England and Wales became subject to significant reform in the 1980s, when the inquiry into the Yorkshire Ripper investigation identified numerous failings in how the hunt for Peter Sutcliffe was conducted. These investigations have been subject to criticism and change from that moment onwards. This book explores how change has shaped every facet of these investigations, with four main areas identified: science and technology; legislation, regulation and guidance; investigative practice; and lastly, detective status and culture. The work shows that change has been the result of four primary catalysts: a growing preoccupation with risk, the changing political landscape, reactions to miscarriages of justice and other cases, and advances in science and technology. What has been lost and gained as a result of change is also explored. It has, in many ways, been positive as scientific and technological advances allow investigators to plot an offender’s movements and draw a clearer picture of what transpired. However, change has created today’s more risk-averse homicide detectives, who must manage the vast amounts of technological information that modern-day investigations now generate. They must also contend with a raft of legislation and guidance that now govern investigations and budget pressures not faced by their predecessors. The book will be a valuable resource for students, researchers and policymakers in the areas of criminal law and procedure, criminal justice, criminology, and policing.
A Reconciliation without Recollection?: An Investigation of the Foundations of Aboriginal Law in Canada (G - Reference, Information And Interdisciplinary Subjects Ser.)
by Joshua Ben NicholsThe current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection is an ambitious and timely intervention into one of the most pressing concerns in Canada.
A Reference Manual for Data Privacy Laws and Cyber Frameworks (Cyber Shorts)
by Ravindra DasAs the world is becoming more digital and entwined together, the cybersecurity threat landscape has no doubt become a daunting one. For example, typical threat variants of the past, especially those of phishing, have now become much more sophisticated and covert in nature. A lot of this has been brought on by the proliferation of ransomware, which exploded during the COVID-19 pandemic. Now, there is another concern that is looming on the horizon: data privacy. Now, more than ever, consumers on a global basis want to know exactly what is happening to their personal identifiable information (PII) datasets. Examples of what they want to know about include the following: What kinds and types of information and data are being collected about them How those PII datasets are being stored, processed, and transacted with How their PII datasets are being used by third-party suppliers In response to these concerns and fears, as well as the cyber risks posed by these datasets, many nations around the world have set up rather extensive and very detailed data privacy laws. In their respective tenets and provisions, these pieces of legislation not only specify why and how businesses need to comply with them, but also outline the rights that are afforded to each and every consumer. In this book, we detail the tenets and provisions of three key data privacy laws: The GDPR The CCPA The CMMC We also provide a general framework at the end on how a business can comply with these various data privacy laws.The book begins with an in-depth overview of the importance of data and datasets, and how they are so relevant to the data privacy laws just mentioned.
A Region among States: Law and Non-sovereignty in the Caribbean
by Lee CabatinganBased on long-term ethnographic fieldwork at the Caribbean Court of Justice, A Region among States explores the possibility of constituting a region on a geopolitical and ideological terrain dominated by the nation-state. How is it that a great swath of the independent, English-speaking Caribbean continues to accept the judicial oversight of their former colonizer via the British institution of the Privy Council? And what possibilities might the Caribbean Court of Justice—a judicial institution responsive to the region, not to any single nation—offer for untangling sovereignty and regionhood, law and modernity, and postcolonial Caribbean identity? Joining the Court as an intern, Lee Cabatingan studied its work up close: she attended each court hearing and numerous staff meetings, served on committees, assisted with the organization of conferences, and helped prepare speeches and presentations for the judges. She now offers insight into not only how the Court positions itself vis-à-vis the Caribbean region and the world but also whether the Court—and, perhaps, the region itself as an overarching construct—might ever achieve a real measure of popular success. In their quest for an accepting, eager constituency, the Court is undertaking a project of extrajudicial region building that borrows from the toolbox of the nation-state. In each chapter, Cabatingan takes us into an analytical dimension familiar from studies of nation and state building—myth, territory, people, language, and brand—to help us understand not only the Court and its ambitions but also the regionalist project, beset as it is with false starts and disappointments, as a potential alternative to the sovereign state.
A Regional Space Agency for Latin America: Legal and Political Perspectives (Studies in Space Policy #32)
by Annette Froehlich Diego Alonso Amante SoriaThis book examines and proposes a legal framework for the creation of a regional space agency for Latin America especially in regard of pivotal aspects such as institutional structures, transfer of competences and cooperation agreements facilitating Latin America to act with one voice on the international space stage. It demonstrates how the European Space Agency (ESA), as regional space agency for Europe and its experiences for more than 50 years, may serves as model for such a regional forum in Latin America in view of required structures and rules to enable common peaceful space activities on regional level for the development of Latin American states and for the benefit of their societies.