The Legal Matrix
| Author | : William Dawson |
| Publisher | : Matrix Theory Communications |
| Total Pages | : 221 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 0976991519 |
The Legal Matrix
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The Code of Capital
| Author | : Katharina Pistor |
| Publisher | : Princeton University Press |
| Total Pages | : 315 |
| Release | : 2020-11-03 |
| Genre | : Business & Economics |
| ISBN | : 0691208603 |
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Irresolvable Norm Conflicts in International Law
| Author | : Valentin Jeutner |
| Publisher | : Oxford University Press |
| Total Pages | : 224 |
| Release | : 2017-08-04 |
| Genre | : Law |
| ISBN | : 0192536052 |
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Agents, Actors, Actorhood
| Author | : Hokyu Hwang |
| Publisher | : Emerald Group Publishing |
| Total Pages | : 322 |
| Release | : 2019-04-05 |
| Genre | : Social Science |
| ISBN | : 1787560821 |
This volume gathers a range of institutional perspectives investigating what the devolution of state power and the so-called democratization of social action means for the nature of authority and how the multiplicity and variety of social actors impacts societies worldwide, extending from focus on agents to actors to actorhood.
The Regulatory Compliance Matrix: Regulation of Financial Services, Information and Communication Technology, and Generally Related Matters
| Author | : Guido Reinke |
| Publisher | : Gold Rush Publishing |
| Total Pages | : 298 |
| Release | : 2015-07-31 |
| Genre | : Business & Economics |
| ISBN | : 9781908585059 |
This exceptional guidebook is ideal for industry professionals, regulators and scholars in the domain of regulatory governance. The Regulatory Compliance Matrix with more than 2500 entries brings clarity to a domain which is widely considered to be complex, unstructured, and in constant flux. It is a compendious guide to the laws, regulations, standards, and recommendations applicable to compliance programmes. What practitioners find in this book will empower them to save money, man-hours, and consultancy interventions. Inside, the reader will find the following key resources: Regulatory Compliance Matrix: a synopsis of the principal domains of applicable regulation, setting forth legal norms, ancillary standards and guidelines. This Matrix covers the laws and regulations specific to financial services (Part I) and information and communications technology (Part II) at the global and European as well at the UK national and sub-national level. Part III of the Matrix covers generally applicable regulatory domains like corporate governance, consumer protection and employment law, information security, data protection and electronic commerce. Regulatory authorities: a comprehensive listing with descriptions of authorities who define the regulatory agenda. Weblinks are provided for each authority, which enables the reader to access the latest regulatory developments and updates. Overview of the conduct of effective compliance programmes: a pragmatic approach to the entire process, from scoping and prioritisation, conducting risk assessments, defining control activities and reporting requirements; to undertaking effectiveness reviews, documenting findings and making recommendations; to assessing compliance maturity and creating action plans. Non-compliance costs checklist: a detailed list of financial, operational, personal, and regulatory risks. This will assist readers with risk assessment and prioritisation of compliance domains."
The Legal Foundations of Micro-Institutional Performance
| Author | : Klammer, Sarah S. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 192 |
| Release | : 2022-03-15 |
| Genre | : Business & Economics |
| ISBN | : 1802204334 |
The aim of The Legal Foundations of Micro-Institutional Performance is to introduce the reader to a different way of thinking about economics that will allow them to both understand and apply legal concepts to economic analysis. To this end, it adopts and further develops Wesley Hohfeld’s legal framework of jural (legal) relations as a tool of analysis. This analytical tool, as built into the Legal-Economic Performance framework, provides specific direction in identifying and describing interdependence among economic agents (including rights, duties, liberties and exposure to various acts).
Digitization, Copyright and the Law
| Author | : Ettore M. Lombardi |
| Publisher | : Taylor & Francis |
| Total Pages | : 425 |
| Release | : 2024-09-13 |
| Genre | : Law |
| ISBN | : 1040132995 |
This book discusses copyleft and its impact on the traditional way to conceive of property. It is specifically focused on the European and international juridical framework. Analysing the impact of digitalization on copyright and the potential effect of copyleft in the European market and within a European and international juridical framework, this book explores the complex evolutionary framework which charts the reduction of physical property and the progressive expansion of intangible assets. Although digitalization enables more accessibility than ever before, this impacts traditional intellectual property frameworks. Evaluating common traits of ownership structure, the book considers the challenges that intangible property, open source and creative commons present to the current legal system. Examining the impact of copyleft on copyright and the law of ownership, the book considers the rights of authors and creators, legal limits and complications arising from these new forms of ownership of intangible assets. The book is grounded in the European potential regulatory framework of copyleft through movements like open-source software. The book will be of interest to students, academics and practitioners with an interest in contract law, property law and intellectual property law.
Power and Policy in Quest of Law
| Author | : Myres S McDougal |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 474 |
| Release | : 1985-09 |
| Genre | : Law |
| ISBN | : 9004640460 |
Better Regulation in EU Contract Law
| Author | : Esther van Schagen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 244 |
| Release | : 2019-12-26 |
| Genre | : Law |
| ISBN | : 1509928367 |
This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
