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Abuse of Process
by Colin WellsThe 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: · Case management (R v Boardman [2015] EWCA Crim 175) · Post-trial abuse (Tague [2015] EWHC 3576(Admin)) · Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32) · Linked civil proceedings (Clayton [2014] 2 Cr App R 20) · Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27) · Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153) · Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941) · Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin) · Local authority prosecutions (Clayton [2014] EWCA Crim 1030) · Special measures (OP [2014] EWHC 1944 (Admin) · Legal representation (Crawley [2014] EWCA Crim 1028)
Abuse of Process
by Colin WellsThe 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings. This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate. Skeleton arguments are included for practical assistance. The third edition covers all recent important case law decisions, updating specific topic areas: · Case management (R v Boardman [2015] EWCA Crim 175) · Post-trial abuse (Tague [2015] EWHC 3576(Admin)) · Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32) · Linked civil proceedings (Clayton [2014] 2 Cr App R 20) · Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27) · Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153) · Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941) · Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin) · Local authority prosecutions (Clayton [2014] EWCA Crim 1030) · Special measures (OP [2014] EWHC 1944 (Admin) · Legal representation (Crawley [2014] EWCA Crim 1028)
Abuse of Process
by Colin WellsThe fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
Abuse of Process
by Colin WellsThe fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
The Abuse of Power: Confronting Injustice in Public Life
by Theresa MayAs Prime Minister for three years and Home Secretary for six years, Theresa May confronted a series of issues in which the abuse of power led to devastating results for individuals and significantly damaged the reputation of, and trust in, public institutions and politicians. From the Hillsborough and Grenfell tragedies, to the Daniel Morgan case and parliamentary scandals, the powerful repeatedly chose to use their power not in the interests of the powerless but to serve themselves or to protect the organisation to which they belonged.The Abuse of Power is a searing exposé of injustice and an impassioned call to exercise power for the greater good. Drawing on examples from domestic and international affairs she was personally involved in at the highest level, including Stop and Search and the Salisbury Poisonings, the former prime minister argues for a radical rethink in how we approach our politics and public life.
Abuse of EU Law and Regulation of the Internal Market
by Alexandre SaydéHow can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field.The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it.The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws.The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it.Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light.In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Abuse of EU Law and Regulation of the Internal Market
by Alexandre SaydéHow can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field.The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it.The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws.The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it.Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light.In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Abuse of Dominant Position: New Interpretation, New Enforcement Mechanisms? (MPI Studies on Intellectual Property and Competition Law #5)
by Mark-Oliver Mackenrodt Beatriz Conde Gallego Stefan EnchelmaierAs part of its review of competition law that started in the late 1990s, the European Commission proposes to revise its interpretation and application of the Treaty’s prohibition of abuses of dominant positions. Also, it has instigated a debate about the promotion of private enforcement of EC competition law. On the former subject, the Commission published a Discussion Paper in 2005; on the latter, a Green Paper in 2005, followed by a White Paper in 2008. The chapters in this volume critically appraise the Commission’s proposals, including the most recent ones. The authors also highlight the repercussions of the proposed ‘more economic approach’ to abuses of dominant positions on private litigants’ opportunities to bring damages actions in national courts for such abuses.
Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How (LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition)
by Pranvera Këllezi Bruce Kilpatrick Pierre KobelThis publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries.The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions.The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
The Abuse of Constitutional Identity in the European Union (Oxford Studies in European Law)
by Julian ScholtesThe idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
The Abuse of Constitutional Identity in the European Union (Oxford Studies in European Law)
by Julian ScholtesThe idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Abuse of Companies
by Hanne S. Birkmose Mette Neville Karsten Engsig SørensenWhether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.
Absolute Power: The Real Lives of Europe’s Most Infamous Rulers
by CS Denton"Nearly all men can stand adversity, but if you want to test a man's character, give him power"-Abraham LincolnThroughout history, all monarchs have lived with the strange dichotomy of simultaneously being human and more than human. In our time, when monarchies seem little more than tourist curiosities and democracy is taken for granted, it is easy to forget just how much power pre-democratic rulers once wielded.The rulers and holders of political power in this book were all possessed of vast - in many cases, absolute - power: power which was often exercised arbitrarily and unjustly.What unites the figures in this book is that they all, in one way or another, failed to live up to the extravagantly high hopes invested in them and, as a consequence, have been judged harshly by history.A few, such as George III, might have been remembered more kindly were it not for mental illness changing their status from that of hero to villain. Some, like Louis XVI, were unfairly transformed into monsters by hostile propaganda, while others, such as Peter the Great, have been both celebrated as heroes and denounced as tyrants, often in the same breath. Finally, there are those rulers who, like Caligula or Ivan the Terrible, may well fully deserve their evil reputations.Absolute Power is a study in how often rulers were carried away or overwhelmed by their exalted status, while a few were even driven over the edge into madness.
Absolute Poverty and Global Justice: Empirical Data - Moral Theories - Initiatives (Law, Ethics and Economics)
by Michael Schramm Thomas PoggeAbsolute poverty causes about one third of all human deaths, some 18 million annually, and blights billions of lives with hunger and disease. Developing universalizable norms aimed at tackling absolute poverty and the complex and multilayered problems associated with it, this book considers the levels, trends and determinants of absolute poverty and global inequality. Examining whether much faster progress against absolute poverty is possible through reductions in national and global inequalities that produce economic growth for poor countries and households, this book suggests that diverse moral views imply that international agencies as well as the citizens, corporations and governments of affluent countries bear a moral responsibility to reduce absolute poverty. In considering strategies of eradication through specific policies and structural reforms it is argued that because of its moral importance and requirement for only modest efforts and resources, the goal of overcoming absolute poverty must be given much higher political priority by international agencies and governments of affluent countries. Suggesting that these agencies should be encouraged to facilitate and promote new initiatives, this book concludes with a discussion of how such initiatives might be realized.
Absolute Poverty and Global Justice: Empirical Data - Moral Theories - Initiatives (Law, Ethics and Economics)
by Michael Schramm Thomas PoggeAbsolute poverty causes about one third of all human deaths, some 18 million annually, and blights billions of lives with hunger and disease. Developing universalizable norms aimed at tackling absolute poverty and the complex and multilayered problems associated with it, this book considers the levels, trends and determinants of absolute poverty and global inequality. Examining whether much faster progress against absolute poverty is possible through reductions in national and global inequalities that produce economic growth for poor countries and households, this book suggests that diverse moral views imply that international agencies as well as the citizens, corporations and governments of affluent countries bear a moral responsibility to reduce absolute poverty. In considering strategies of eradication through specific policies and structural reforms it is argued that because of its moral importance and requirement for only modest efforts and resources, the goal of overcoming absolute poverty must be given much higher political priority by international agencies and governments of affluent countries. Suggesting that these agencies should be encouraged to facilitate and promote new initiatives, this book concludes with a discussion of how such initiatives might be realized.
Absolute Essentials of Ethereum (Absolute Essentials of Business and Economics)
by Paul Dylan-EnnisAbsolute Essentials of Ethereum is a concise textbook which guides the reader through the fascinating world of the emerging Ethereum ecosystem, from the basics of how its blockchain works to cutting-edge applications.Written by an experienced educator, each chapter is designed to progress potential students from class to class. Technical concepts are clearly explained for those new to the topic and readers are supported with definitions and summaries in each chapter. Real-life case studies situate the overviews in a contemporary context. Topics covered include the Ethereum Execution and Consensus layers, Ethereum governance and community, Decentralised Autonomous Organisations (DAOs), Decentralised Finance (DeFi), Non-Fungible Tokens (NFTs) and Layer 2.This book is the ideal text to support undergraduate and postgraduate courses on blockchain technologies, cryptocurrencies, Web3 and fintech, as well as for those who want to know how Ethereum really works.
Absolute Essentials of Ethereum (Absolute Essentials of Business and Economics)
by Paul Dylan-EnnisAbsolute Essentials of Ethereum is a concise textbook which guides the reader through the fascinating world of the emerging Ethereum ecosystem, from the basics of how its blockchain works to cutting-edge applications.Written by an experienced educator, each chapter is designed to progress potential students from class to class. Technical concepts are clearly explained for those new to the topic and readers are supported with definitions and summaries in each chapter. Real-life case studies situate the overviews in a contemporary context. Topics covered include the Ethereum Execution and Consensus layers, Ethereum governance and community, Decentralised Autonomous Organisations (DAOs), Decentralised Finance (DeFi), Non-Fungible Tokens (NFTs) and Layer 2.This book is the ideal text to support undergraduate and postgraduate courses on blockchain technologies, cryptocurrencies, Web3 and fintech, as well as for those who want to know how Ethereum really works.
Absent Aviators: Gender Issues in Aviation
by Donna BridgesThe objective of this book is to present a number of related chapters on the subject of gender issues in the workplace of the aviation industry. More specifically, the chapters address the continuing shortfall in the number of women pilots in both civilian and military aviation. Considerable research has been carried out on gender issues in the workplace and, for example, women represent about 10% of employees in engineering. This example is often used to show that the consequences of gender discrimination are embedded and difficult to overcome in masculine-dominated occupations. However, women represent only 5-6% of the profession of pilot. Clearly there are many factors which mitigate women seeking to become pilots. The chapters within this volume raise both theoretical and practical issues, endeavouring to address the imbalance of women pilots in this occupation. Absent Aviators consolidates a diverse range of issues from a number of authors from Australia, Austria, the United States, Canada, South Africa and the United Kingdom. Each of the chapters is research-based and aims to present a broad picture of gender issues in aviation, gendered workplaces and sociology, underpinned by sound theoretical perspectives and methodologies. One chapter additionally raises issues on the historical exclusion of race from an airline. The book will prove to be a valuable contribution to the debates on women in masculine-oriented occupations and a practical guide for the aviation industry to help overcome the looming shortfall of pilots. It is also hoped it will directly encourage young women to identify and overcome the barriers to becoming a civilian or military pilot.
Absent Aviators: Gender Issues in Aviation
by Albert Mills Jane Neal-Smith Donna BridgesThe objective of this book is to present a number of related chapters on the subject of gender issues in the workplace of the aviation industry. More specifically, the chapters address the continuing shortfall in the number of women pilots in both civilian and military aviation. Considerable research has been carried out on gender issues in the workplace and, for example, women represent about 10% of employees in engineering. This example is often used to show that the consequences of gender discrimination are embedded and difficult to overcome in masculine-dominated occupations. However, women represent only 5-6% of the profession of pilot. Clearly there are many factors which mitigate women seeking to become pilots. The chapters within this volume raise both theoretical and practical issues, endeavouring to address the imbalance of women pilots in this occupation. Absent Aviators consolidates a diverse range of issues from a number of authors from Australia, Austria, the United States, Canada, South Africa and the United Kingdom. Each of the chapters is research-based and aims to present a broad picture of gender issues in aviation, gendered workplaces and sociology, underpinned by sound theoretical perspectives and methodologies. One chapter additionally raises issues on the historical exclusion of race from an airline. The book will prove to be a valuable contribution to the debates on women in masculine-oriented occupations and a practical guide for the aviation industry to help overcome the looming shortfall of pilots. It is also hoped it will directly encourage young women to identify and overcome the barriers to becoming a civilian or military pilot.
The Absence of Guilt (A. Scott Fenney)
by Mark GimenezMark Gimenez, author the massive international bestseller The Colour of Law, is back, as superstar lawyer Scott A. Fenney takes the stand for an impossible case. An ISIS attack on America is narrowly averted when the FBI uncovers a plot to detonate a weapon of mass destruction in Dallas, Texas during the Super Bowl.A federal grand jury indicts twenty-four co-conspirators, including Omar al Mustafa, a notorious and charismatic Muslim cleric known for his incendiary anti-American diatribes on YouTube and Fox News. His arrest is greeted with cheers around the world and relief at home. The President goes on national television and proclaims: 'We won!'There is only one problem: there is no evidence against Mustafa. That problem falls to the presiding judge, newly appointed U.S. District Judge A. Scott Fenney.If Mustafa is innocent, Scott must set the most dangerous man in Dallas free, with no idea who is really guilty.And with just three weeks before the attack is due . . .
Absence in Science, Security and Policy: From Research Agendas to Global Strategy (Global Issues)
by Brian Rappert Brian BalmerThis book explores the absent and missing in debates about science and security. Through varied case studies, including biological and chemical weapons control, science journalism, nanotechnology research and neuroethics, the contributors explore how matters become absent, ignored or forgotten and the implications for ethics, policy and society.The chapter 'Sensing Absence: How to See What Isn't There in the Study of Science and Security' is open access under a CC BY 4.0 license via link.springer.com.
Abschlußprüfung für Rechtsanwalts- und Notarfachangestellte: Fachkunde
by Karsten RoeserWarum sind die Anforderungen gerade in Fachkunde besonders hoch? In Fachkunde werden noch am unmittelbarsten die Themen angesprochen, die für die Büropraxis wichtig sind, so die Anfertigung von Schriftsätzen, die Erstellung von Kostenrechnungen und die Durchführung der Zwangsvollstreckung. Diesen erhöhten beruflichen Anforderungen versucht der Lehrplan durch sehr zahl reiche und komplexe Lerninhalte gerecht zu werden. Für diejenigen, die "nur" den Ausbildungsberuf "Rechtsanwaltsfachangestellte/r" oder "Notarfachangestellte/r" anstreben, fällt nur ein geringer Teil der Lerninhalte weg, und zwar der, der umge rechnet etwa einem halben Ausbildungsjahr entspricht. Berücksichtigt man, daß auch die übrigen Fächer sehr stark mit Stoff befrachtet sind, so wird ohne weiteres einsichtig, daß man in der Prüfung nicht auf allen Gebieten fit sein kann. Vielmehr ist es erforderlich, sich auf die prüfungsbedeutsamen wesentlichen 'Teilgebiete zu beschränken. Warum ist die Prüfung in Fachkunde besonders wichtig? Zwar werden Sie in den verschiedensten Fächern geprüft, doch als Ergebnis bekom men Sie lediglich eine Gesamtnote. Diese errechnet sich aus den einzelnen Prüfungs ergebnissen im Rahmen der schriftlichen und mündlichen Prüfungen in den einzel nen Fächern. Da ist es nun wichtig zu wissen, daß nicht jedes Fach gleichberechtigt ist. Die Endnote errechnet sich nämlich nach einem komplizierten Schlüssel, in dem einzelne Fächer sehr verschieden gewichtet werden. Ablauf und Inhalt der Prüfungen richten sich nach der für Sie zuständigen Ausbil dungsordnung vom 23. November 1987 (BGBl. I S. 2392), die im schönen Amts deutsch ReNoPatAusbV heißt und mit Wirkung zum 1. August 1995 geändert wurde, sowie nach der von Ihrer örtlich zuständigen Kammer erlassenen Prüfungsordnung.
Abschlussprüfer: Haftung und Versicherung (Tort and Insurance Law #12)
by R. Bertl H. Koziol A. Biegl U. Magnus W. Doralt K. Oliphant C. Fröhlich A. ScarsoSpektakuläre Unternehmenskrisen der jüngeren Vergangenheit haben national und international Diskussionen hinsichtlich einer strengeren Haftung für Abschlussprüfer ausgelöst. Vor diesem Hintergrund stellt die vorliegende Arbeit die Haftungssituation in Österreich, Deutschland, Italien und England umfassend und unter Berücksichtigung der aktuellen Rechtsprechung dar. Ausgehend vom Ablauf von Jahresabschlussprüfungen und anhand von Fallstudien werden die zentralen mit der Haftung in Zusammenhang stehenden Fragen aufgearbeitet: Wann und für welche Schäden wird gehaftet? Wann kommt es zur direkten Haftung gegenüber den geprüften Unternehmen, aber auch gegenüber Gläubigern und Anlegern – und wie ist diese Haftung begrenzt? Experten aus Wissenschaft und Praxis bieten den Lesern einen profunden Einstieg in diese Problembereiche, wobei Fragen der Haftpflichtversicherung in einem eigenen Beitrag erörtert werden.
Abschied vom Globalantrag: An den Grenzen der Rechtsschutzzone von Unterlassungs- und Feststellungsklage im Zivilprozess am Beispiel des Globalantrags im arbeitsgerichtlichen Beschlussverfahren (Forum Arbeits- und Sozialrecht #39)
by Martin BittnerIm Zivilprozess geht es den Parteien vielfach nicht nur um die gerichtliche Entscheidung des Einzelfalls. Von dem Urteil erhoffen sie sich auch eine verbindliche Orientierungshilfe für die Zukunft. Zu diesem Zweck wird ein „Globalantrag“ zum Gegenstand von Unterlassungs- und Feststellungsklagen gemacht. Die Gerichte werden auf diesem Wege um eine umfassende Rechtsauskunft gebeten. Wo hierbei die Grenze des Zulässigen verläuft, ist in Wissenschaft und Praxis noch nicht hinreichend geklärt. Der Verfasser leuchtet die Rechtsschutzzone von Unterlassungs- und Feststellungsklage im Zivilprozess am Beispiel des Globalantrags im arbeitsgerichtlichen Beschlussverfahren aus. Auf die kritische Analyse der Rechtsprechung zum Thema folgt der Vorschlag alternativer Vorgehensweisen, um das Begehren der Prozessparteien nach Rechtssicherheit über den konkreten Streitfall hinaus zu befriedigen.
Abrechnung und Bezahlung von Bauleistungen: Schnelleinstieg für Architekten und Bauingenieure (essentials)
by Andreas SchmidtAndreas Schmidt gibt praktische Hilfestellung für die zeitnahe Realisierung und Absicherung von Vergütungsansprüchen. Dies ist für Bauunternehmen eine wesentliche Voraussetzung für den Unternehmenserfolg, denn diese sind nach der gesetzlichen Konzeption des Werkvertragsrechts grundsätzlich vorleistungspflichtig – d.h. sie müssen das für die Leistungserbringung erforderliche Personal, Material und Gerät zunächst vorfinanzieren. Der Autor zeigt, wie der Bauunternehmer die Regelungen im BGB und in der VOB/B betreffend die Abrechnung seiner Leistung sachgemäß anwendet, um Zahlungsflüsse zu beschleunigen. Zudem erfährt der Unternehmer, wie er reagieren kann, wenn der Auftraggeber verspätet oder gar nicht zahlt und wie er seinen Vergütungsanspruch für den Insolvenzfall absichern kann.