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  • Hart Publishing, Oxford - Good books for lawyers
    for securities regulation in the US and by extension the founding principle of financial market regulation across the world He was also a complex and in some ways tragic figure whose glittering career collapsed following the revelation that he had failed to pay tax for a five year period in the 1950s The oversight was to cost possible elevation to the Supreme Court forced prosecution and sentencing in 1963 to one month s imprisonment commuted to forced hospitalisation and subsequent suspension of licence to practise This candid and revealing book sets his life in the context of his work as an academic legislative draftsman administrator and Dean of Harvard Law School In rescuing from history Landis s battles and achievements in regulatory design theory and practice it speaks directly to the perennial problems in financial market regulation how to deal with institutions deemed too big to fail how to regulate the sale of complex financial instruments and what role can the professions play as gatekeepers of market integrity It argues that in failing to learn from the lessons of history we limit the capacity of regulatory intervention to facilitate cultural change without which contemporary responses to financial crises are destined

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466172 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    of the early twentieth century in Europe and beyond sought to create revolutionary new orders that crushed their opponents A central component of such regimes exertion of control was criminal law a focal point and key instrument of State punitive and repressive power This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes including Franco s Spain Vargas s Brazil and interwar Romania and Japan Addressing issues of substantive criminal law criminology and ideology the form and function of criminal justice institutions and the role and perception of criminal law in processes of transition the collection casts new light on fascism s criminal legal history and related questions of theoretical interpretation and historiography At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding contemporaneous and subsequent legal orders an issue that goes to the heart of fascist regimes historical identity and the complex relationship between them and the legal orders constructed in their aftermath The collection thus makes an innovative contribution both to the comparative understanding of fascism and to critical engagement with

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465526 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    law and justice on the other hand At a time when economic political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation states or even particular transnational regions But in which specific fields to what extent and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions Which are the factors that facilitate or prevent such influence at a domestic and or regional level And how does or should scholarly inquiry explore these themes These are all key questions which are addressed by the contributors to the volume In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice the volume includes sections focusing on the role of evidence in the development of criminal justice policy the development of European criminal law and its relationship with national and transnational legal orders and the influence of globalisation on the interplay between criminal and administrative law Valsamis Mitsilegas is Head of the Department of Law Professor of European

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464741 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    provides that a charity s purposes must be for the public benefit and that public benefit shall be construed in accordance with existing case law and not presumed It examines guidance published in 2008 and 2013 by the Charity Commission and measures its accuracy against principles extrapolated from case law with a focus on fee charging charities and independent schools in particular It also considers the implementation of the requirement by the Charity Commission s public benefit assessments of independent schools during 2008 2009 offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal Tax and Chancery in proceedings brought by the Independent Schools Council and Attorney General In 2011 The fact that the law automatically bestows certain privileges on charities including tax exemptions means that the charitable status of fee paying schools has proved particularly contentious and was described by Lord Campbell Savours as making an absolute nonsense of charity law Here the author asks whether the public benefit requirement as enacted and interpreted has succeeded in bringing any sense to our law of charity in recent years Mary Synge is a Lecturer in Law

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465939 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    been noted but not closely examined This work is the most comprehensive attempt to date to explain the many ways in which these fields often considered independent of one another interact and overlap in the creation of the internal market This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement which consolidate the principle of competition in terms very close to those advanced by the author in the first edition This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules and whether the latter in their revised form are adequate to ensure that competition is not distorted The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective Proceeding through a careful assessment of the general rules of competition and public procurement the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466127 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    goods and documents under the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG This issue lies at the heart of sales law and is one of the most frequently litigated The book explores the Convention s requirements as to quality quantity description and packaging of the goods conformity the requirements flowing from the need for the goods to be free from rights or claims of third parties and the questions of what documents the seller must deliver to the buyer and what constitutes a good document under the CISG The book engages extensively with a substantial body of cases decided under the CISG and academic commentary It systematises the Convention s experience to date with a view to turning it into an integrated comprehensive and distinctive CISG legal regime on conformity of goods and documents The analysis is comparative and draws on the experience of some major domestic legal systems such as English and US law The focus is both analytical and practical The book will be of interest to legal practitioners academic lawyers and students with an interest in international and comparative sales commercial and contract law Djakhongir Saidov is Reader in Law in

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461559 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    extends the free movement of persons goods services and capital to the EEA EFTA States Iceland Liechtenstein and Norway It provides fair competition and abolishes discrimination on grounds of nationality in all 31 EEA States The successful operation of the EEA depends upon a two pillar system of supervision involving the European Commission and the EFTA Surveillance Authority A two pillar structure has also been established in respect of judicial control the EFTA Court operates in parallel to the Court of Justice of the European Union The EFTA Court which celebrates its 20th anniversary in 2014 has jurisdiction with regard to EFTA States which are parties to the EEA Agreement The jurisdiction of the EFTA Court mainly corresponds to the jurisdiction of the Court of Justice of the European Union over EU States The EFTA Court consists of three Judges one nominated by each of the EFTA States party to the EEA Agreement The essays in this collection assembled to celebrate the 20 year landmark review the successes and shortcomings of the Court its interface with EU law and the prospects for its future development Edited by Members of the EFTA Court Hardback January 2015 9781849466264 75 00 ePub November

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466264 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    international trade It is primarily concerned with identifying the lessons the international community can learn specifically in the context of the WTO from decades of European Community and Union experience in facing this question The book demonstrates first that it is possible to reconcile the pursuit of economic and non economic interests that the EU has found a mechanism by which to do so and that the application of the principle of proportionality is fundamental to the realisation of this It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development Secondly from the analysis of the EU experience this book identifies fundamental conditions crucial to achieving this reconciliation Thirdly the book explores the implications of lessons from the EU experience for the international Community In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation The book develops a deeper understanding of the inter relationship between the legal regulation of economic and non economic development adding clarity to the debate in a controversial area It argues that a more holistic approach to the consideration of development encompassing economic and non economic concerns

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138268 (2016-02-13)
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web-archive-uk.com, 2017-12-15