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Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups (Elgar Corporate and Insolvency Law and Practice series)
by Ilya Kokorin Bob WesselsCross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations. Key features include: • proposition of a Group Insolvency Protocol (GIP) design • a comprehensive study of around 50 insolvency protocols from 1992 to 2020 • analysis of major international insolvency law instruments, modern trends and developments in the area of insolvency of enterprise groups • practical recommendations for drafting an insolvency protocol, addressing problems related to their adoption and offering suggestions for the improvement of group coordination • exploration of the nature of insolvency protocols and pertinent issues including the preservation and realization of material assets, resolution of intercompany claims, information exchange, conflicts of interest, participation rights and group governance in insolvency. Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups will be an indispensable resource for insolvency practitioners, lawyers, judges and policy makers, whilst also being of value to scholars and students concerned with insolvency law and corporate governance.
Cross-Border Provision of Air Navigation Services with Specific Reference to Europe: Safeguarding Transparent Lines of Responsibility and Liability (Aviation Law and Policy Series)
by Niels Van AntwerpenThe tremendous flow of air traffic traversing the airspace of the European Union demands extraordinary vigilance on the part of air navigation service providers. Although the first requirement of air navigation services is obviously the enhancement of safety, providers must also attend to the efficiency and optimisation of airspace capacity and the minimisation of air traffic delays. As technological and operational improvements proceed in these areas, jurisdictional issues of responsibility and liability—particularly in cases of mid-air collisions—become ever sharper and more in need of precise definition. This detailed and insightful exposition focuses on these issues from three overlapping perspectives: the international and European legal framework dealing with air navigation services, the question of state responsibility, and the question of liability for damage inflicted by air navigation service providers. The author’s in-depth analysis includes examination of many elements, among them the following: • the interrelated roles of the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC), the European Organisation for the Safety of Air Navigation (EUROCONTROL), the European Community’s European Aviation Safety Agency (EASA), and other international bodies; • the Single European Sky initiative, its establishment of Functional Airspace Blocks (FUAs), and its ongoing research program (SESAR); • establishment of transparent lines of state responsibility in the context of cross-border provision of air navigation services; and prospects for the imposition of a transparent liability regime on corporatized air navigation service providers. In conclusion, the author enumerates the essential elements required for cross-border provision of air navigation services and offers well-thought-out final recommendations and conclusions on the most preferable way to pursue such cross-border provision within and outside the European Community. A model agreement for the delegation of air navigation service provision appears as an appendix. All professionals concerned with air navigation, in Europe and elsewhere, will appreciate the depth of knowledge and commitment apparent in this book. The deeply informed insights manifest in its pages will be of enormous value to aviation agency officials and air law practitioners everywhere.
Cross-Border Renewable Energy Transitions: Lessons from Europe's Upper Rhine Region (Routledge Studies in Energy Transitions)
by Philippe HammanThis book explores the intrinsically multiscale issue of renewable energy transition from a local, national and transnational perspective, and provides insights into current developments in the Upper Rhine Region that can serve as an international model. Organised around the exploration of stakeholder issues, the volume first describes a framework for public action and modelling and then articulates a triple complementary focus from the viewpoint of law, economics and sociology. This multidisciplinary approach is anchored in the social sciences, but also explores the ways in which technological issues are increasingly debated in the implementation of the ecological transition. With a focus on the Upper Rhine Region of France, Germany and Switzerland, the contributions throughout analyse how concrete regional projects emerge, and whether they are carried out by local authorities, private energy groups, network associations or committed citizens. From this, it appears that real-world energy transition modes can be best understood as permanent transactional processes involving institutional regulations, economic levers and barriers and social interactions. This book will be of interest to advanced students and scholars focusing on renewable energy transition, stakeholder issues, environment and sustainability studies, as well as those who are interested in the methodological aspects of the social sciences, especially within the fields of sociology, law, economy, geography, political science, urbanism and planning.
Cross-Border Renewable Energy Transitions: Lessons from Europe's Upper Rhine Region (Routledge Studies in Energy Transitions)
by Philippe HammanThis book explores the intrinsically multiscale issue of renewable energy transition from a local, national and transnational perspective, and provides insights into current developments in the Upper Rhine Region that can serve as an international model. Organised around the exploration of stakeholder issues, the volume first describes a framework for public action and modelling and then articulates a triple complementary focus from the viewpoint of law, economics and sociology. This multidisciplinary approach is anchored in the social sciences, but also explores the ways in which technological issues are increasingly debated in the implementation of the ecological transition. With a focus on the Upper Rhine Region of France, Germany and Switzerland, the contributions throughout analyse how concrete regional projects emerge, and whether they are carried out by local authorities, private energy groups, network associations or committed citizens. From this, it appears that real-world energy transition modes can be best understood as permanent transactional processes involving institutional regulations, economic levers and barriers and social interactions. This book will be of interest to advanced students and scholars focusing on renewable energy transition, stakeholder issues, environment and sustainability studies, as well as those who are interested in the methodological aspects of the social sciences, especially within the fields of sociology, law, economy, geography, political science, urbanism and planning.
A Cross Border Study of Freezing Orders and Provisional Measures: Does Mareva Rule the Waves? (SpringerBriefs in Law)
by Tibor Tajti Peter IglikowskiThis book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.
Cross-Border Taxation of Permanent Establishments: An International Comparison (Series on International Taxation)
by Ioannis IglezakisThe permanent establishment (PE) is a legal form of cross-border direct investment whereby a business presence is maintained as an integral part of the foreign investor. Due to the growing intensity and complexity of international business relations, the PE defi¬nition and the allocation of profi¬ts between head units and PEs have become highly contentious, especially from the perspectives of the major emerging economies of the BRIC countries (Brazil, Russia, India, and China). Unsurprisingly, the potential for tax avoidance and the scrutiny of tax authorities have increased enormously. Against this background, this work illustrates and compares the OECD Model Tax Convention with country-specifi¬c source taxation rules, focusing on possible tax system changes and offering reform proposals. Emphasizing the taxable implications of the various rules upon country-speci¬fic PE concepts, the author’s treatment covers such issues and topics as the following: – the PE de¬finition of the OECD MC and from the perspective of selected countries; – allocation of business pro¬fits under the Authorised OECD Approach (AOA); – avoidance of PE status; – implementation of a service PE proposal; – construction site PEs established by subcontractors; – existence of an agency PE; and – the OECD project on Base Erosion and Profi¬t Shifting (BEPS). The author uses simulated cross-border national and treaty cases to highlight qualifi¬cation conflicts, thus reinforcing his detailed discussion of source taxation rules of business profi¬ts and relevant case law in Germany, the United States, and the BRIC states. There is also a checklist detailing how companies can avoid unintentionally setting up a PE. The author’s deeply informed proposals provide much-needed guiding tax criteria and open the way to greater feasibility and transparency in PE taxation. Because the defi¬nition of PEs has enlarged and the treatment of profi¬t allocation has become more complex, the clari¬fication of the PE concept presented in this book is of inestimable importance for lawyers, of¬ficials, policymakers, and academics concerned with international business taxation in any jurisdiction.
Cross-Border Trade Secret Disputes in the European Union: Jurisdiction and Applicable Law (Elgar Monographs in Private International Law)
by Lydia LundstedtIn today’s data-driven economy, it is essential for companies to protect their trade secrets against unlawful acquisition,use and disclosure; with the ease of digital communications, employee migration and international trade, trade secret violations now often occur across national borders. This book examines how trade secret protection can differ across jurisdictions, where trade secret holders can bring proceedings, and which country’s law is applicable.Lundstedt provides a European perspective, analysing how the EU’s rules on jurisdiction and applicable law relate to the EU’s wider objectives on encouraging cross-border innovation activities. Using common trade secret scenarios as a springboard for analysis, this book questions whether EU private international law rules can be interpreted to facilitate the objectives of the EU Trade Secret Directive and in doing so it sets out a detailed examination of both regimes.Providing a clear and comprehensive perspective on a complex area of law, this book will be valuable for scholars of private international law, intellectual property law and EU law. Due to its practical approach to analysis, it will also be useful for policy makers and legal practitioners seeking information about uncertainties that exist in the current law.
Cross-border Transactions of Intermediated Securities: A Comparative Analysis in Substantive Law and Private International Law
by Changmin ChunThis work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva Securities Convention and the Hague Securities Convention. Through a functional comparative approach based upon legal traditions of the various jurisdictions, this book gives readers theoretical and practical information on intermediated securities and their national and international aspects.
Cross-border Transfer and Collateralisation of Receivables: A Comparative Analysis of Multiple Legal Systems
by Woo-Jung JonLegal systems around the world vary widely in terms of how they deal with the transfer of and security interests in receivables. The aim of this book is to help international financiers and lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyses three types of receivables financing transactions, ie outright transfer, security transfer and security interests. This book covers comprehensive comparison and analysis of the laws on the transfer of and security interests in receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman–Germanic jurisdictions and French–Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book compares and analyses the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria and the Netherlands. Furthermore, in order to analyse those legal systems from the international perspective, this book compares relevant international conventions; it also proposes to establish an international registration system for the transfer of and security interests in receivables.
Cross-border Transfer and Collateralisation of Receivables: A Comparative Analysis of Multiple Legal Systems
by Woo-Jung JonLegal systems around the world vary widely in terms of how they deal with the transfer of and security interests in receivables. The aim of this book is to help international financiers and lawyers in relevant markets in their practice of international receivables financing. Substantively, this book analyses three types of receivables financing transactions, ie outright transfer, security transfer and security interests. This book covers comprehensive comparison and analysis of the laws on the transfer of and security interests in receivables of fifteen major jurisdictions, encompassing common law jurisdictions, Roman–Germanic jurisdictions and French–Napoleonic jurisdictions, as well as relevant EU Directives. To be more specific, this book compares and analyses the relevant legal systems of the US, Canada, New Zealand, Australia, Korea, Japan, France, Belgium, England, Hong Kong, Singapore, China, Germany, Austria and the Netherlands. Furthermore, in order to analyse those legal systems from the international perspective, this book compares relevant international conventions; it also proposes to establish an international registration system for the transfer of and security interests in receivables.
Cross-Border Transfers of Undertakings: A European Perspective (European Monographs Series)
by Kirsten HenckelGlobalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Cross Border Treatment - Die Arzthaftung wird europäisch (MedR Schriftenreihe Medizinrecht)
by Ilse Dautert Alexandra JorzigDie Internationalisierung bzw. die Europäisierung macht auch vor dem Arzthaftungsrecht nicht halt. Ob es um die Behandlung eines Urlaubers geht oder um schönheitschirurgische Eingriffe im Ausland, in all diesen Situationen werden mehrere Rechtsordnungen berührt. Die Frage, welches Recht anzuwenden ist, beantwortet das internationale Privat- und Zivilverfahrensrecht. Die Beiträge des XX. Kölner Symposiums der Arbeitsgemeinschaft Rechtsanwälte im Medizinrecht e. V. zeigen die verschiedenen Anforderungen der europäischen Arzthaftung auf.
Cross-Cultural Comparisons on Surrogacy and Egg Donation: Interdisciplinary Perspectives from India, Germany and Israel
by Sayani Mitra Silke Schicktanz Tulsi PatelThis book is the first to bring together an interdisciplinary collection of essays on surrogacy and egg donation from three socially, legally and culturally distinct countries - India, Israel and Germany. It presents contributions from experts in the field of social and cultural sciences, bioethics, law as well as psychology and provides critical-reflective comparative analysis of the socio-ethical factors shaping surrogacy and egg donation practices across these three countries. This book highlights the importance of a comparative perspective to ‘make sense’ of controversies and transitions in this highly contested area of artificial reproductive technologies. It demonstrates how local developments cannot be isolated from global events and vice versa. Therefore, this volume can be used as a standard reference for anyone seeking to understand surrogacy and egg donation from a macro-perspective in the next decade.
Cross-Cultural Comparisons on Surrogacy and Egg Donation: Interdisciplinary Perspectives from India, Germany and Israel
by Sayani Mitra Silke Schicktanz Tulsi PatelThis book is the first to bring together an interdisciplinary collection of essays on surrogacy and egg donation from three socially, legally and culturally distinct countries - India, Israel and Germany. It presents contributions from experts in the field of social and cultural sciences, bioethics, law as well as psychology and provides critical-reflective comparative analysis of the socio-ethical factors shaping surrogacy and egg donation practices across these three countries. This book highlights the importance of a comparative perspective to ‘make sense’ of controversies and transitions in this highly contested area of artificial reproductive technologies. It demonstrates how local developments cannot be isolated from global events and vice versa. Therefore, this volume can be used as a standard reference for anyone seeking to understand surrogacy and egg donation from a macro-perspective in the next decade.
Cross-Cultural Conversation: A New Way of Learning
by Anindita N. BalslevThis book proposes a radical shift in the way the world thinks about itself by highlighting the significance of Cross-Cultural Conversations. Moving beyond conventional boundaries, it examines the language in which histories are written; analyzes how scientific technology is changing the idea of identity; and highlights the need for a larger identity across nationality, race, religion, gender, ethnicity and class. It asks for a concerted effort to engage each other in open conversational forums on a range of contemporary global issues, alter our attitudes toward self and the other, and unlearn prejudices that perpetuate the practice of divisive identities. The book also explores critical themes such as political actions, solidarity-in-diversity, clash of social identities, tensions between nationalism and globalism, the quest for global peace and authentic meeting of world religions. Further, it discusses the evolving connection between science and religion, focusing on key philosophical ideas that have permeated the Indian cultural soil. The book will be of great interest to scholars and researchers of philosophy, religious studies, science and technology studies, and cultural studies.
Cross-Cultural Conversation: A New Way of Learning
by Anindita N. BalslevThis book proposes a radical shift in the way the world thinks about itself by highlighting the significance of Cross-Cultural Conversations. Moving beyond conventional boundaries, it examines the language in which histories are written; analyzes how scientific technology is changing the idea of identity; and highlights the need for a larger identity across nationality, race, religion, gender, ethnicity and class. It asks for a concerted effort to engage each other in open conversational forums on a range of contemporary global issues, alter our attitudes toward self and the other, and unlearn prejudices that perpetuate the practice of divisive identities. The book also explores critical themes such as political actions, solidarity-in-diversity, clash of social identities, tensions between nationalism and globalism, the quest for global peace and authentic meeting of world religions. Further, it discusses the evolving connection between science and religion, focusing on key philosophical ideas that have permeated the Indian cultural soil. The book will be of great interest to scholars and researchers of philosophy, religious studies, science and technology studies, and cultural studies.
Cross-Cultural Perspectives on the (Philosophy and Medicine #71)
by J. Tao Lai Po-WahThe contributions to this volume grew out of papers presented at an international conference Individual, Community & Society: Bioethics in the Third Millennium, held in Hong Kong, Special Administrative Region of the People's Republic of China, between 25-28 May 1999. The conference was organized by the Centre for Comparative Public Management and Social Policy, and Ethics in Contemporary China Research Group, in the Faculty of Humanities and Social Sciences at the City University of Hong Kong. The conference brought together scholars from east and west to investigate the challenges to caring and to traditional moral authorities that would confront bioethics in the third millennium. They explored the implications of moral loss and moral diversity in post-traditional and post-modern societies, and how these would shape the character of medical care and bioethics discourse in the new era. A proceedings volume under the same title of Individual, Community & Society: Bioethics in the Third Millennium, was published in May 1999 for the conference meeting.
Cross-Cultural Practices in Business and Finance: Frameworks and Skills
by Binod Sundararajan Oksana Shkurska Shannon LinThis textbook explains the effects of culture on business practices and introduces students to the cross-cultural and international dimensions of working internationally, exploring topics across both business and finance. Given that doing business across cultures has become the norm in modern companies, managers must develop and acquire the skills to lead effectively in cross-cultural contexts. This textbook will help you to attain those skills through its practical and situational examples involving countries and regions around the world while learning about the cultural and business practices of people from different backgrounds, ethnicities, diversities, educational levels, and social strata and hierarchies. It covers important aspects of doing business across cultures/countries, such as the role (and importance) of technology adoption, different organizational forms, financial and accounting approaches in different parts of the world, negotiating practices, ethics across the globe, and working and studying abroad. Further, it equips readers with useful knowledge about cross-cultural nuances beyond the usual discussions of high vs. low contexts, power distance, uncertainty avoidance, and such dimensions of cross-cultural interactions.The varied experiences of the authors – having lived and worked in many countries – along with their backgrounds in linguistics, communication, and financial accounting provide unique perspectives not available elsewhere. With its case studies, end-of-chapter exercises, as well as multiple-choice and short-answer questions, this broad, yet thorough textbook will guide you in leading with cultural intelligence.
Cross-Disciplinary Impacts on Insurance Law: ESG Concerns, Financial and Technological Innovation (AIDA Europe Research Series on Insurance Law and Regulation #8)
by Simon Grima Margarida Lima RegoThis book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.
Cross-Driven Institutional Resilience: Case Studies of Good Governance in Europe during the Covid-19 Pandemic
by Throstur Olaf Sigurjonsson José M. Ruano Alina Georgiana Profiroiu Saulė Mačiukaitė-Žvinienė Kosjenka DumančićThis book presents a series of studies on organizations across Europe, displaying new perspectives on institutional resilience of affected governance structures during crisis. Such an approach to governance studies not only aims to provide readers with conceptual and practical knowledge on crisis experience of organizations, but also to equip them with necessary cognitive tools to perform well in a similar crisis context in the future. The book highlights knowledge on institutional resilience and delivers an enduring resource for researchers and students on a time of unprecedented crisis. Cross-national/sectorial interdependences in Europe are multiplying, while institutional reaction and international collaboration mechanisms are falling behind. The studies presented here aim to shape a conceptual understanding of students, academics, and practitioners considering these contemporary challenges and opportunities. They provide a valuable resource in the field of governance, sustainability, crisis management, innovation, and leadership.
Cross-Examination in International Arbitration
by Kaj I Hobér Howard S. SussmanOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, need to know what will happen and how it will differ in order to adapt their conduct. Hober and Sussman explore the challenges practitioners face when conducting a cross-examination in such an environment and provide practical learning aids to help overcome them. Cross Examination In International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.
Cross-Examination in International Arbitration
by Kaj I Hobér Howard S. SussmanOpportunities to see expert cross-examinations are often infrequent in international arbitration and the occasions to sharpen these skills for many are rare. This book is both an invaluable teaching tool as well as a general guide to effective cross-examination in international arbitration. Based on extensive experience and insight from the authors and aided by practical examples, it provides a thoroughly illustrated analysis of how essential cross-examination techniques can best be adapted to the arbitral format. Concise and well organised, it leads the reader through the different cross-examination techniques in an accessible point by point structure, presenting readers with a clear and authoritative introduction on how best to conduct a cross-examination or a quick-reference for more experienced practitioners. An international arbitration hearing is very different from a trial in a court and any practitioner appearing as counsel, whether common or civil law lawyers, need to know what will happen and how it will differ in order to adapt their conduct. Hober and Sussman explore the challenges practitioners face when conducting a cross-examination in such an environment and provide practical learning aids to help overcome them. Cross Examination In International Arbitration addresses the common issues that can occur in cross-examination in arbitrations such as adjusting the level of English to consider the competency of the panel's least competent member or how to cross-examine a witness with only the use of a written statement rather than by means of oral direct testimony. By highlighting the common challenges which might arise, the authors present a guide which will benefit those practicing or looking to practice in this field.
Cross-National Crime: A Research Review and Sourcebook (Non-ser.)
by Jerry NeapolitanThis book describes various types and sources of crime and explanatory data available to study variation in crime across nations. Problems with the data and appropriate methods for adjusting and analyzing the data are described. A thorough review of theories and past cross-national crime research is included. This book intends to facilitate and stimulate quality cross-national crime research.The book notes past misuse of data, such as using homicide rates unadjusted for attempts, as well as inconsistencies and contradictions in past research. The major theories and concepts which have been used to explain crime across nations are described in detail and critiqued. Inconsistencies and contradictions in results are noted, and avenues for future research are offered. Methodological techniques, issues, and problems involved in analysis are also presented and new approaches to dealing with the resulting data are projected. Extensive appendixes give information and contacts to researchers, providing a network for research in cross-national crime heretofore lacking.
Cross-National Research in Self-Reported Crime and Delinquency (NATO Science Series D: #50)
by Malcolm KleinMalcolm W. Klein Center for Research on Crime and Social Control University of Southern California 1. BACKGROUND In June of 1988, approximately forty scholars and researchers met for four days in the Leeuwenborst Congres Center in Noordwijkerhout, The Netherlands, to participate in a workshop entitled Self-Report Metho dology in Criminological Research. The participants represented 15 nations and 30 universities and research centers, a diversity that was matched by the experiences and focal interests in self-report methods among the participants. This volume is the result of the workshop process and in particular of the invitations to participants to prepare pre-conference papers for distribution prior to the workshop. The chapters in the volume were selected from the larger set of pre conference papers. As workshop conv~ner and volume editor, it falls on me to set some of the context for this enterprise. Self-report crime is "admitted" crime, derived from interview and questionnaire responses obtained from adults and juveniles (regardless of whether or not they have been arrested) concerning their own illegal behaviors. Growing awareness of the limitations of official crime statistics has led to the development of self-report procedures.
Cross Purposes: Pierce v. Society of Sisters and the Struggle over Compulsory Public Education
by Paula Abrams"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters." ---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law "A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens." ---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School "A well-written, well-researched blend of law, politics, and history." ---Joan DelFattore, Professor of English and Legal Studies, University of Delaware In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court. In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state. Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.