Category | UK education collection

A Director's Guide to Governance in the Boardroom: Across the Private, Public, and Voluntary Sectors

This book is a practical guide for executive and non-executive directors and aspiring directors to lead, govern, and steer UK-based organisations to long-term sustainable success. In today’s turbulent environment, corporate governance is increasingly scrutinised, and this book will consider how directors can ‘bring the future forward’ with respect to responsible and ethical governance and leadership against the challenging political, environmental, and economic backdrop. While other books discuss UK corporate governance, this one uniquely demonstrates how the work of directors can build an organisation’s antifragility, and offers a view of stewardship approaches to every sector and type of UK organisation, from large premium listed companies to start-ups, the public sector, not-for-profits, partnerships, and family-owned and private-equity-backed organisations. Aspiring and experienced directors will each benefit from this book as well as those who provide board evaluation services, professional advisers, auditors, and those who provide training and other support for board members.

Copyright: 2022

ISBN: 9781000570427

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Directors’ Liability: A Worldwide Review (International Bar Association Series Set)

by Alexander Loos

This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.

Copyright: 2016

ISBN: 9789041158529

Features: Contains images

Directors' Personal Liability for Corporate Fault: A Comparative Analysis

by Helen Anderson

The corporation’s ability to avoid the costs of risks that materialize as a result of its pursuit of profits is a departure from the market model. It can easily be seen as an evasion of the obligations that go with being the un-coercing, freely-acting and choosing ‘invisible hand.’ Dramatic corporate collapses and major human and economic disasters due to bad corporate conduct have strengthened the common sense view that, if the corporate directors and officers have made the deliberate act their own in some way, they may be held responsible on the same basis that liberal law holds all individuals responsible for their intended actions in the non-corporate settings. Accordingly, recent decades have seen an increasing number of statutory interventions worldwide that impose direct responsibilities on directors and other corporate officers in respect of a wide range of regulatory regimes: environmental regulation, occupational health and safety and other employment standards, human rights statutes, transportation regimes, consumer and competition laws, protections for creditors and workers against insolvent trading, and the like. Legitimacy crises have pushed legislators to enlarge the number of responsibilities, to increase the amounts of the fines that may be levied and to make it clear that, in some cases, prison sentences will be imposed. This collection of essays describes and analyzes the legal regimes governing directors’ liability for corporate fault and default across eleven important trading jurisdictions. It asks: Are the reform provisions, especially director duties of ‘due diligence,’ sharply enough aimed to attain the goal of corporate accountability? Will it be easy or difficult for defendants to establish that due diligence was exercised? Is it possible that more reliance on self-policing may lead to less documenting and reporting of wrongs and dangers? What impact may schemes of greater self-monitoring have on State regulation? In what ways might corporations react to these demands that they become guardians of the public weal? The authors – each an authority in his or her respective jurisdiction – recognize that the reforms are a reaction to the political problems created by the ill fit of the corporation with the economic and political value systems that we purport to hold dear. As they survey the ways that vibrant economies can frame laws to influence the conduct of directors and companies, they invite further exploration into the political, economic, practical, and evolutionary factors that may explain the convergence and divergence of both statute law and judicial doctrines and the desirability or inevitability of this deeply significant trend.

Copyright: 2008

ISBN: 9789041145062

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Directory of Commonwealth Law Schools 2003-2004

by Clea

There are more than 400 Commonwealth law schools, all having an entry within the latest edition of The Directory of Commonwealth Law Schools. Each entry includes full contact details, courses offered, law journals published and research centres. This edition has been thoroughly revised, updated and expanded to take account of changes over the last two years. This directory also contains full details of the activities of the Commonwealth Legal Education Association together with a section devoted to law in the Commonwealth. This includes copies of the major Commonwealth instruments and details of Commonwealth activities of particular interest to law teachers and practitioners, making it a valuable resource and reference work.

Copyright: 2003

ISBN: 9781135336509

Features: Contains images

Directory of Commonwealth Law Schools 2003-2004

by Clea

There are more than 400 Commonwealth law schools, all having an entry within the latest edition of The Directory of Commonwealth Law Schools. Each entry includes full contact details, courses offered, law journals published and research centres. This edition has been thoroughly revised, updated and expanded to take account of changes over the last two years. This directory also contains full details of the activities of the Commonwealth Legal Education Association together with a section devoted to law in the Commonwealth. This includes copies of the major Commonwealth instruments and details of Commonwealth activities of particular interest to law teachers and practitioners, making it a valuable resource and reference work.

Copyright: 2003

ISBN: 9781135336516

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Directory of EU Case Law on Competition, (International Competition Law Series)

by René Barents

This well-known book, prized since 2007 by practitioners in EU competition law for its easy-tofind extracts sorted by subject, is now in its second and hugely expanded edition, covering all decisions of the Court of Justice and the General Court of the European Union on competition law through the end of 2016. This new edition comprising of forty-seven chapters follows the same easy-to-use format as the earlier volume and covers all the case law on the substantive and procedural aspects of the EU treaty rules and legislation on antitrust and mergers. To improve the accessibility of the case law, this book is structured as follows: – Hundreds of headings and subheadings present virtually every point from which a researcher is likely to start. – Each subject heading starts with extracts having a more general meaning followed by extracts relating to specific points or situations. – Extracts are accompanied by cross references where appropriate. – Extracts are drawn from all EC competition case law encompassing every judgment and order in the ‘Reports of Cases before the Court of Justice and the General Court’ (‘Summary of the Judgment’) until 2017. Although it is primarily of value to barristers, solicitors, in-house lawyers of companies and associations of companies, officials of national competition authorities, and other active practitioners in EU competition law, the book will also be welcomed by scholars and others who need to obtain in a minimum of time an overview of what the European courts have actually stated about a specific point (including detailed references) in the field.

Copyright: 2017

ISBN: 9789041183644

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Directory of EU Case Law on State Aids

by René Barents

Since the first edition of this immensely useful book – which coincided with the start of the global financial crisis in 2008 – there have been numerous high-profile cases on State aid. This new edition, which follows the same proven format as its predecessor, updates its analysis of case law with hundreds of new decisions by the EU courts, and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the TFEU rules on State aids (Articles 107–109). Each subject heading starts with extracts having a more general meaning, followed by extracts relating to specific points or situations. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The book covers all the case law of both courts until the end of 2015. With this book practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more: - territorial scope of State aids; - Article 107(1) EC and WTO Agreements; - conditions for categorizing a national measure as State aid; - free movement of goods; - undertakings; - private versus public investment; - justification of selective measures; - interstate trade and competition; - the Altmark conditions for public service aid; - restructuring aids; - procedural aspects; - locus standi of trade associations; and - existing aids and new aids. In many areas, the extracts of this book relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this book has no peers. As with the first edition, practitioners in the field of EU State aid law will find it indispensable.

Copyright: 2016

ISBN: 9789041167231

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Directory of EU Case Law on State Aids

by René Barents

This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the functioning of the European Union (TFEU) rules on State aids. All the relevant case law of both courts until the end of 2018 is covered. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107–109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) EC and WTO Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.

Copyright: 2019

ISBN: 9789403511023

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Directory of EU Case Law on State Aids (International Competition Law Series #37)

by René Barents

This new edition of an immensely useful book follows the same proven format as its predecessors, updates its analysis of case law with hundreds of new decisions by the courts of the European Union (EU), and thus remains the quickest source of reference for practitioners working with EU State aid matters. Following a highly organized sequence of subject headings, it presents extracts from all judgments and orders of both the Court of Justice and the General Court of the EU on the Treaty on the Functioning of the European Union (TFEU) rules on State aids. The book covers the relevant case law of both courts. There is a new chapter on legal protection and additional material on the concept of State aid, advantages for undertakings, selectivity, forms of State aid, procedures and unlawful aids. With this book, practitioners will quickly find relevant paragraphs and full citations regarding all issues raised by Articles 107-109 TFEU, including the following and much more: territorial scope of State aids; Article 107(1) EC and WTO Agreements; conditions for categorizing a national measure as State aid; free movement of goods; undertakings; private versus public investment; justification of selective measures; interstate trade and competition; tax measures; restructuring aids; procedural aspects; and locus standi of trade associations. In many areas, the extracts relate to points of the judgments which are not or only partially covered in official summaries. For accessibility of this case law, this updated edition of the preeminent analysis of EU State aid case law has no peers. Practitioners in this key area of EU competition law will find this book indispensable.

Copyright: 2022

ISBN: 9789403544519

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Directory of EU Case Law on the Preliminary Ruling Procedure

by René Barents

Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders – about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents’ very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law; bodies not considered to be courts or tribunals; arbitration; third persons; rights of participants; formulation of preliminary questions; presumption of relevance of a preliminary reference; violation of the obligation to refer; requirement of a pending dispute; interim measures; modification of preliminary questions; questions rejected by the submitting court; new elements presented during the preliminary procedure; questions lacking precision; retroactive effects of judgments. Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. There is no doubt that the book’s technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

Copyright: 2009

ISBN: 9789041144867

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Direkte Demokratie und Kommunikation: Studien zu kommunalen Bürgerentscheiden und Einwohneranträgen (Politik gestalten - Kommunikation, Deliberation und Partizipation bei politisch relevanten Projekten)

by Frank Brettschneider

Dieses Buch thematisiert Bürgerentscheide als Instrument direkter Demokratie auf der kommunalen Ebene. Auch Gemeinderäte greifen auf dieses Instrument direkter Demokratie zurück, um die Legitimationsbasis für besondere Projekte zu vergrößern. Bei den Abstimmungen sollten sachfremde Aspekte möglichst keine Rolle spielen. Daher sind die Verständlichkeit des Fragewortlauts sowie die Qualität der Abstimmungsbroschüren besonders wichtig. Ebenfalls sehr wichtig sind vorgeschaltete dialogische Beteiligungsverfahren (z. B. Bürger-Foren). Sie verbessern in der Regel die Abstimmungsqualität.

Copyright: 2023

ISBN: 9783658396237

Features: Contains images

Direktzusage und Pensionsfonds: Ein Vorteilhaftigkeitsvergleich für leistungsabhängige und beitragsorientierte Systeme und die Umstellung der Direktzusage auf den Pensionsfonds (Schriften zum Steuer-, Rechnungs- und Prüfungswesen)

by Michael Thaut

Michael Thaut vergleicht die über einen betriebsinternen Pensionsfonds finanzierte Direktzusage mit dem neu eingeführten klassischen bzw. betriebsexternen Pensionsfonds. Für Neuzusagen analysiert er sowohl leistungsabhängige als auch beitragsorientierte Leistungssysteme und integriert insbesondere die steuerlichen Rahmenbedingungen. Für bestehende Direktzusagen untersucht er die Vorteilhaftigkeit einer Umstellung auf den betriebsexternen Pensionsfonds.

Copyright: 2007

ISBN: 9783835095298

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Dirt for Art's Sake: Books on Trial from "Madame Bovary" to "Lolita"

by Elisabeth Ladenson

In Dirt for Art's Sake, Elisabeth Ladenson recounts the most visible of modern obscenity trials involving scandalous books and their authors. What, she asks, do these often-colorful legal histories have to tell us about the works themselves and about a changing cultural climate that first treated them as filth and later celebrated them as masterpieces? Ladenson's narrative starts with Madame Bovary (Flaubert was tried in France in 1857) and finishes with Fanny Hill (written in the eighteenth century, put on trial in the United States in 1966); she considers, along the way, Les Fleurs du Mal, Ulysses, The Well of Loneliness, Lady Chatterley's Lover, Tropic of Cancer, Lolita, and the works of the Marquis de Sade.Over the course of roughly a century, Ladenson finds, two ideas that had been circulating in the form of avant-garde heresy gradually became accepted as truisms, and eventually as grounds for legal defense. The first is captured in the formula ?art for art's sake??the notion that a work of art exists in a realm independent of conventional morality. The second is realism, vilified by its critics as ?dirt for dirt's sake.? In Ladenson's view, the truth of the matter is closer to ?dirt for art's sake??the idea that the work of art may legitimately include the representation of all aspects of life, including the unpleasant and the sordid. Ladenson also considers cinematic adaptations of these novels, among them Vincente Minnelli's Madame Bovary, Stanley Kubrick's Lolita and the 1997 remake directed by Adrian Lyne, and various attempts to translate de Sade's works and life into film, which faced similar censorship travails. Written with a keen awareness of ongoing debates about free speech, Dirt for Art's Sake traces the legal and social acceptance of controversial works with critical acumen and delightful wit.

Copyright: 2012

ISBN: 9780801466410

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Dirty Assets: Emerging Issues in the Regulation of Criminal and Terrorist Assets (Law, Justice And Power Ser.)

by Colin King Clive Walker

Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

Copyright: 2014

ISBN: 9781317150459

Features: Contains images

Dirty Assets: Emerging Issues in the Regulation of Criminal and Terrorist Assets

by Colin King Clive Walker

Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.

Copyright: 2014

ISBN: 9781317150466

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Dirty Business: Analysis and Cases (PDF)

by Professor Maurice E. Punch

Drawing on both theory and major case studies, this book provides a much-needed sociological and comparative analysis of the world of the manager in the context of misconduct within business organizations. Organizational misbehaviour and crime have been relatively neglected in the social sciences, particularly in business studies. Analyses have tended to be fragmentary, overly slanted towards narrow external views - such as those of legal control and public policy - and predominantly North American. Dirty Business rectifies this by offering a broad sociological perspective related to work, organizations and management, supported by a range of key international case studies. In developing his arguments, Maurice Punch draws on primary and secondary sources as well as his extensive personal experience of teaching and interacting with managers and in developing courses on crisis and disaster management.

Copyright: 1996

ISBN: 9781446264836

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Dirty Entanglements (pdf): Corruption, Crime, And Terrorism

by Louise I. Shelley

Copyright: 2014

ISBN: 9781107015647

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Dirty Game

by Jessie Keane

Adultery, murder and dangerous love collide in Jessie Keane’s gritty debut novel.

ISBN: 9780007287659

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Dirty Money: On Financial Delinquency (Clarendon Studies in Criminology)

by Vincenzo Ruggiero

Navigating financial crashes of the Late Middle Ages up to the present day and analysing them through the lenses of classical, positivist, functionalist and Marxist criminology, Dirty Money: On Financial Delinquency explores the growth of grey areas in the financial world and our understanding, or misunderstanding, of financial delinquency. Pope Francis, while denouncing the incapacity of governments to reduce poverty and fight the exploitation of cheap labour, has also condemned greed, repeating several times the old medieval adage: money is the excrement of the devil. This distinction between clean and excremental, pure and impure, informs the symbolic order of many traditional and contemporary societies; however, it can also be used to single out criminal activity as opposed to law-abiding conduct and, in particular, to separate acceptable from unacceptable practices in the economic domain. With a focus on financial crime, whose ambiguity, ubiquity and evolving nature make the separation between acceptable and unacceptable practices inherently problematic, this book examines the process whereby the excrement of the devil was slowly 'freed' from both its sinful and criminal character. It is a study of how human action turns something seemingly benign into an instrument for the production of harm. Its focus, therefore, is on dirty money - namely the illegitimate appropriation of financial resources by individuals and groups holding expert knowledge and, often, occupying positions of power. The ideological arguments accompanying this evolution are scrutinised, alongside the history of financial initiatives and the accompanying 'crunches'. The struggle juxtaposing criminalization and decriminalization is at the core of all chapters, which analyse a series of major events chronologically, from the exploits of John Law to the deeds of contemporary finance. Analytically located in the area of white-collar crime, Dirty Money examines episodes of financial delinquency and discusses the way in which observers, including criminologists, shape an understanding of their causes and consequences. It will be of interest to scholars and students of criminology, sociology, criminal justice, history, and economics, as well as policy makers, finance professionals, and fraud investigators.

ISBN: 9780191092770

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Dirty Money: On Financial Delinquency (Clarendon Studies in Criminology)

by Vincenzo Ruggiero

Navigating financial crashes of the Late Middle Ages up to the present day and analysing them through the lenses of classical, positivist, functionalist and Marxist criminology, Dirty Money: On Financial Delinquency explores the growth of grey areas in the financial world and our understanding, or misunderstanding, of financial delinquency. Pope Francis, while denouncing the incapacity of governments to reduce poverty and fight the exploitation of cheap labour, has also condemned greed, repeating several times the old medieval adage: money is the excrement of the devil. This distinction between clean and excremental, pure and impure, informs the symbolic order of many traditional and contemporary societies; however, it can also be used to single out criminal activity as opposed to law-abiding conduct and, in particular, to separate acceptable from unacceptable practices in the economic domain. With a focus on financial crime, whose ambiguity, ubiquity and evolving nature make the separation between acceptable and unacceptable practices inherently problematic, this book examines the process whereby the excrement of the devil was slowly 'freed' from both its sinful and criminal character. It is a study of how human action turns something seemingly benign into an instrument for the production of harm. Its focus, therefore, is on dirty money - namely the illegitimate appropriation of financial resources by individuals and groups holding expert knowledge and, often, occupying positions of power. The ideological arguments accompanying this evolution are scrutinised, alongside the history of financial initiatives and the accompanying 'crunches'. The struggle juxtaposing criminalization and decriminalization is at the core of all chapters, which analyse a series of major events chronologically, from the exploits of John Law to the deeds of contemporary finance. Analytically located in the area of white-collar crime, Dirty Money examines episodes of financial delinquency and discusses the way in which observers, including criminologists, shape an understanding of their causes and consequences. It will be of interest to scholars and students of criminology, sociology, criminal justice, history, and economics, as well as policy makers, finance professionals, and fraud investigators.

ISBN: 9780191092763

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Dirty Waters: Confessions of Chicago's Last Harbor Boss (Chicago Visions and Revisions)

by R. J. Nelson

In 1987, the city of Chicago hired a former radical college chaplain to clean up rampant corruption on the waterfront. R. J. Nelson thought he was used to the darker side of the law—he had been followed by federal agents and wiretapped due to his antiwar stances in the sixties—but nothing could prepare him for the wretched bog that constituted the world of a Harbor Boss. Director of Harbors and Marine Services was a position so mired in corruption that its previous four directors ended up in federal prison. Nelson inherited angry constituents, prying journalists, shell-shocked employees, and a tobacco-stained office still bearing a busted door that had been smashed in by the FBI. Undeterred, Nelson made it his personal mission to become a “pneumacrat,” a public servant who, for the common good, always follows the spirit—if not always the letter—of the law. Dirty Waters is a wry, no-holds-barred memoir of Nelson’s time controlling some of the city’s most beautiful spots while facing some of its ugliest traditions. A guide like no other, Nelson takes us through Chicago’s beloved “blue spaces” and deep into the city’s political morass. He reveals the different moralities underlining three mayoral administrations, from Harold Washington to Richard M. Daley, and navigates us through the gritty mechanisms of the Chicago machine. He also deciphers the sometimes insular world of boaters and their fraught relationship with their land-based neighbors. Ultimately, Dirty Waters is a tale of morality, of what it takes to be a force for good in the world and what struggles come from trying to stay ethically afloat in a sea of corruption.

ISBN: 9780226334523

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Dirty Works: Obscenity on Trial in America’s First Sexual Revolution

by Brett Gary

A rich account of 1920s to 1950s New York City, starring an eclectic mix of icons like James Joyce, Margaret Sanger, and Alfred Kinsey—all led by an unsung hero of free expression and reproductive rights: Morris L. Ernst. At the turn of the twentieth century, the United States was experiencing an awakening. Victorian-era morality was being challenged by the introduction of sexual modernism and women's rights into popular culture, the arts, and science. Set during this first sexual revolution, when civil libertarian-minded lawyers overthrew the yoke of obscenity laws, Dirty Works focuses on a series of significant courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included a who's who of European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a colorful cast of burlesque-theater owners and bookstore clerks, had run afoul of stiff obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's remarkable career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. Dirty Works sets the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry. The legacy of this important, but largely unrecognized, moment in American history must be reckoned with in our contentious present, as many of the issues Ernst and his colleagues defended are still under attack eight decades later.

ISBN: 9781503628694

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Dis/ability in Media, Law and History: Intersectional, Embodied AND Socially Constructed? (Interdisciplinary Disability Studies)

by Micky Lee

This book explores how being "disabled" originates in the physical world, social representations and rules, and historical power relations—the interplay of which render bodies "normal" or not. Do parking signs that represent people in wheelchairs as self-propelling influence how we view dis/ability? How do wheelchair users understand their own bodies and an environment not built for them? By asking questions like these the authors reveal how normalization has informed people’s experiences of their bodies and their fight for substantive equality. Understanding these processes requires acknowledging the tension between social construction and embodiment as well as centering the intersection of dis/abilities with other identities, such as race, class, gender, sex orientation, citizen status, and so on. Scholars and researchers will find that this book provides new avenues for thinking about dis/ability. A wider audience will find it accessible and informative.

ISBN: 9781000601183

Features: Contains images

Dis/ability in Media, Law and History: Intersectional, Embodied AND Socially Constructed? (Interdisciplinary Disability Studies)

by Micky Lee Frank Rudy Cooper Patricia Reeve

This book explores how being "disabled" originates in the physical world, social representations and rules, and historical power relations—the interplay of which render bodies "normal" or not. Do parking signs that represent people in wheelchairs as self-propelling influence how we view dis/ability? How do wheelchair users understand their own bodies and an environment not built for them? By asking questions like these the authors reveal how normalization has informed people’s experiences of their bodies and their fight for substantive equality. Understanding these processes requires acknowledging the tension between social construction and embodiment as well as centering the intersection of dis/abilities with other identities, such as race, class, gender, sex orientation, citizen status, and so on. Scholars and researchers will find that this book provides new avenues for thinking about dis/ability. A wider audience will find it accessible and informative.

ISBN: 9781000601138

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The DIS Arbitration Rules: An Article-by-Article Commentary

by Gustav Flecke-Giammarco Christopher Boog Siegfried H. Elsing Peter Heckel Anke Meier

The new arbitration rules of the German Arbitration Institute (Rules) entered into force on 1 March 2018. Drafted over an intense period of eighteen months by a committee of globally recognized experts with the active participation of nearly 300 arbitration practitioners, the Rules stand poised to attract parties seeking dispute resolution not only in Germany but also internationally. This extraordinary book, written by the drafters themselves, with more than 550 pages of comprehensive article-by-article commentary, is filled with practical insights and recommendations regarding the application of the Rules. Each provision of the new Rules is given its own chapter, in which the following issues and topics are examined in depth for the specific rule under analysis: use of the provision in practice; modifications from the corresponding provision in the 1998 Rules; relationship to the relevant sections of the German Code of Civil Procedure; comparison with relevant regulations and practices in German State court proceedings; detailed expert commentary, including analysis of case law and legal scholarship; DIS practice concerning the application of the provision; and comparison with similar provisions in other arbitration rules. An annex contains an extensive collection of reference materials, including forms, schedule of costs and texts of various international arbitration documents. The authors and editors have vast experience as counsel and arbitrators in proceedings conducted under the auspices of the DIS and other arbitral institutions. Their intimate familiarity with all aspects of DIS case administration is of immeasurable value to all stakeholders in arbitral proceedings. A genuine user’s guide, the book explains how the new Rules are likely to be applied in practice by the arbitral institution, arbitrators and parties. Its practical tips regarding the effective conduct of DIS arbitrations elucidate best practices for counsel and arbitrators and make DIS’ day-to-day case management and decision-making processes more transparent and predictable for users of all levels of experience and expertise.

ISBN: 9789041190239

Features: Contains images

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