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Flexibility in Modern Business Law

Flexibility in Modern Business Law Author Mark Fenwick
ISBN-10 9784431557876
Release 2016-01-08
Pages 229
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This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.



The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law Author Mark Fenwick
ISBN-10 9781509911264
Release 2017-09-21
Pages 328
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The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.



Legal Certainty in a Contemporary Context

Legal Certainty in a Contemporary Context Author Mark Fenwick
ISBN-10 9789811001147
Release 2016-04-02
Pages 194
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This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.



Business Persons

Business Persons Author Eric W. Orts
ISBN-10 9780191650109
Release 2013-08-29
Pages 328
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Business firms are ubiquitous in modern society, but an appreciation of how they are formed and for what purposes requires an understanding of their legal foundations. This book provides a scholarly and yet accessible introduction to the legal framework of modern business enterprises. It explains the legal ideas that allow for the recognition of firms as organizational "persons" having social rights and responsibilities. Other foundational ideas include an overview of how the laws of agency, contracts, and property fit together to compose the organized "persons" known as business firms. The institutional legal theory of the firm developed embraces both a "bottom-up" perspective of business participants and a "top-down" rule-setting perspective of government. Other chapters in the book discuss the features of limited liability and the boundaries of firms. A typology of different kinds of firms is presented ranging from entrepreneurial one-person start-ups to complex corporations, as well as new forms of hybrid social enterprises. Practical applications include contribution to the debates surrounding corporate executive compensation and political free-speech rights of corporations.



Latin American Insolvency Systems

Latin American Insolvency Systems Author Malcolm Rowat
ISBN-10 0821343998
Release 1999
Pages 88
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"Modern society has eliminated the inhumane debtors' prisons for handling the insolvent debtor and in their stead have enacted benign modern laws in the area of bankruptcy. Unscrupulous merchants now use these benign laws for fraudulent purposes." Based on case studies in Argentina, Brazil, Mexico, and Venezuela, this is the first publication to provide recommendations about the important legal and institutional issues that are involved in bankruptcy reform in a critical region of the global economy. The authors note that effective bankruptcy policy balances several requirements for the conduct of a stable, successful economy. For example, it might be in the greatest interests to all parties if a company is given an opportunity to restructure and make use of the scarce resources remaining in its possession. On the other hand, inefficient firms, especially those that have long survived only on state subsidies, may need to fail in order to free space in the market for more efficient, better-managed companies. Finally, there are the needs to enforce loan contracts and provide an equitable system of debt collection.



Labour Market Flexibility and Individual Careers

Labour Market Flexibility and Individual Careers Author Simone Kirpal
ISBN-10 9400702345
Release 2011-01-12
Pages 274
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With labour markets across the world and even in social democratic Europe in a state of unprecedented flux, this exhaustive study addresses the problem of how to balance job market demands, personal career interests and private life becomes a central issue for millions of employees. So how do modern work and employment arrangements restructure individual careers and what is required of individuals in order to manage career transitions successfully over time? This is one of very few in-depth empirical studies to analyze how labour market trends, organisational change and the subjective work orientations of individuals interact. The author’s detailed assessment is based on a comparison of the structural contexts, work orientations and employment histories of nurses and ICT technicians in Germany and the UK. These two core service occupations, as well as the national contexts of the two European nations, have quite different working environments and vocational traditions. Nursing is an institutionalized semi-profession with clear criteria of qualification and career continuity, while information and communication technology (ICT) is a new, evolving field with varied skill backgrounds and high job mobility. To arrive at an understanding of how individual career trajectories are changing, this book closely examines the interplay of labour market demands, employees’ work and career orientations and the development of their skills. It records the ways in which employees adapt to increased labour market flexibility, which, on the one hand, induces discontinuities of careers, employment and work, and on the other, generates new skill requirements and learning expectations, as well as unforeseen opportunities.



The Oxford Handbook of Governance

The Oxford Handbook of Governance Author David Levi-Faur
ISBN-10 9780199560530
Release 2012-03-29
Pages 803
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This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.



The Spectator

The Spectator Author
ISBN-10 IOWA:31858045966771
Release 1920
Pages
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The Spectator has been writing in one form or another for most of life. You can find so many inspiration from The Spectator also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Spectator book for free.



Modern Bribery Law

Modern Bribery Law Author Jeremy Horder
ISBN-10 9781107018730
Release 2013-04-25
Pages 366
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This critical analysis of the Bribery Act 2010 provides international and EU comparisons and evaluates its enforcement and asset-recovery prospects.



The Oxford Handbook of Strategy

The Oxford Handbook of Strategy Author David O. Faulkner
ISBN-10 0199275211
Release 2006-04-06
Pages 1031
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Presents an analysis of how thinking on strategy has evolved and what are the likely developments. This work includes chapters on six key areas: Approaches to Strategy, Strategic Analysis and Formulation, Corporate Strategy; International Strategy; Strategies of Organizational Change; and Strategic Flexibility and Uncertainty.



China Business

China Business Author Joe Y. Eng
ISBN-10 1403342970
Release 2003-10
Pages 269
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China Business has been writing in one form or another for most of life. You can find so many inspiration from China Business also informative, and entertaining. Click DOWNLOAD or Read Online button to get full China Business book for free.



EU Competition Law

EU Competition Law Author Alison Jones
ISBN-10 9780198723424
Release 2016-08
Pages 1372
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The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law



Legal Risks in EU Law

Legal Risks in EU Law Author Emilia Mišćenić
ISBN-10 9783319285962
Release 2016-04-13
Pages 256
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This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.



Flexibility in Workplaces

Flexibility in Workplaces Author Isik U. Zeytinoglu
ISBN-10 9221161315
Release 2005
Pages 107
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Flexibility in Workplaces has been writing in one form or another for most of life. You can find so many inspiration from Flexibility in Workplaces also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Flexibility in Workplaces book for free.



The Hastings Law Journal

The Hastings Law Journal Author
ISBN-10 UCSD:31822019410711
Release 1993
Pages
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The Hastings Law Journal has been writing in one form or another for most of life. You can find so many inspiration from The Hastings Law Journal also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Hastings Law Journal book for free.



Law Development and Innovation

Law  Development and Innovation Author Giuseppe Bellantuono
ISBN-10 9783319133119
Release 2015-07-24
Pages 215
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This book deals with one strand of the intense debate concerning the links between law and development, namely the coordination of innovation processes and legal change. It analyzes how innovation, and ultimately development, can be fostered or hindered by existing or new legal infrastructures. The book includes eleven original contributions from senior and junior scholars and is divided into two parts, the first focusing on theoretical frameworks and the second presenting several case studies on various institutional aspects. A particular strength of this part is its broad geographical coverage, which encompasses the legal frameworks in Europe, the Americas, Africa, and Asia. The contributions collected in this book will be of value to a broad readership. Academic scholars will find useful information on lessons learned from reforms implemented in different areas and come to better understand the methodological hurdles involved in reform assessment. Policymakers in national and international organizations can draw on these studies when designing new programs. Lastly, practitioners in developed and developing countries can use these contributions to promote the success of current or new initiatives.



Ten Steps to a Results Based Monitoring and Evaluation System

Ten Steps to a Results Based Monitoring and Evaluation System Author Jody Zall Kusek
ISBN-10 9780821389072
Release 2004-06-15
Pages 264
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This Handbook provides a comprehensive ten-step model that will help guide development practitioners through the process of designing and building a results-based monitoring and evaluation system.