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Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings
by Gabriel Moss QC Ian Fletcher QC Stuart Isaacs QCThis practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable. Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition. As in previous editions the work is organised thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself. This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.
The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
by Thomas M. KeckWhen conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
by Thomas M. KeckWhen conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism
by Thomas M. KeckWhen conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
The Most Dangerous Man in America: Timothy Leary, Richard Nixon and the Hunt for the Fugitive King of LSD
by Steven L. Davis Bill Minutaglio'It's a rollicking tale that brings to life the antic atmosphere of America in the 'Me' Decade' Wall Street JournalOn the moonlit evening of September 12, 1970, an ex-Harvard professor with a genius IQ studies a twelve-foot high fence topped with barbed wire. A few months earlier, Dr. Timothy Leary, the High Priest of LSD, had been running a gleeful campaign for California governor against Ronald Reagan. Now, Leary is six months into a ten-year prison sentence for the crime of possessing two marijuana cigarettes.Aided by the radical Weather Underground, Leary's escape from prison is the counterculture's union of "dope and dynamite," aimed at sparking a revolution and overthrowing the government. Inside the Oval Office, President Richard Nixon drinks his way through sleepless nights as he expands the war in Vietnam and plots to unleash the United States government against his ever-expanding list of domestic enemies. Antiwar demonstrators are massing by the tens of thousands; homemade bombs are exploding everywhere; Black Panther leaders are threatening to burn down the White House; and all the while Nixon obsesses over tracking down Timothy Leary, whom he has branded "the most dangerous man in America."Based on freshly uncovered primary sources and new firsthand interviews, THE MOST DANGEROUS MAN IN AMERICA is an American thriller that takes readers along for the gonzo ride of a lifetime. Spanning twenty-eight months, President Nixon's careening, global manhunt for Dr. Timothy Leary winds its way among homegrown radicals, European aristocrats, a Black Panther outpost in Algeria, an international arms dealer, hash-smuggling hippies from the Brotherhood of Eternal Love, and secret agents on four continents, culminating in one of the trippiest journeys through the American counterculture.
The Most Democratic Branch: How the Courts Serve America (Institutions of American Democracy)
by Jeffrey RosenMany critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade--have gone against mainstream opinion. By contrast, the most successful decisions--from Marbury v. Madison to Brown v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.
The Most Important Asset: Valuing Human Capital
by Robert J. GreeneThe principles of sound human resource management are generally understood, but too often practitioners believe the same policies and programs will work in all contexts. The effectiveness of any system is highly dependent on the context within which it must function. And due to globalization and increased workforce diversity, the contexts across and even within organizations have become more varied. The Most Important Asset is a story about new graduates entering the human resources field, encountering and dealing with workforce management challenges and issues and developing their own professional competence through experience. Principles are presented and alternative solutions to problems are explored, providing the reader with a roadmap for analyzing situations and making decisions as to how to act. Placing the characters in different types of organizations provides insights into how different contexts call for different strategies. Alternative strategies for staffing an organization, developing its people, defining, measuring and rewarding performance are used to illustrate how what is done should be compatible with the mission, culture, organizational strategy, and internal and external realities.
The Most Powerful Court in the World: A History of the Supreme Court of the United States
by Stuart BannerAn authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution. Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them. Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices' eyes.
The Most Powerful Court in the World: A History of the Supreme Court of the United States
by Stuart BannerAn authoritative, even-handed, and accessible history of the Supreme Court of the United States, the most powerful court in the world and the final arbiter of the world's oldest constitution. Will abortion be legal? Should people of the same sex be allowed to marry? May colleges prefer black applicants over white ones? These are among the most bitterly contested issues in the United States today. We answer these questions, and many more, by presenting them to nine lawyers--the justices of the Supreme Court of the United States. No other nation commits so many important questions to its highest court. Stuart Banner's The Most Powerful Court in the World is an authoritative history of the United States Supreme Court from the Founding era to the present. Not merely a history of the Court's opinions and jurisprudence, it is also a rich account of the Court in the broadest sense--of the sorts of people who become justices and the methods by which they are chosen, of how the Court does its work, and of its relationship with other branches of government. It is about how the Court acquired so much power, how it has retained its power in the face of repeated challenges and criticisms, and what it has done with its power over the years. Rather than praising or criticizing the Court's decisions, Banner makes the case that one cannot fully understand the decisions without knowing about the institution that produced them. Offering a fresh analytical window into today's contentious debates about the Court--debates that often rest on dubious ideas about the Court's history--The Most Powerful Court in the World helps readers see cases through the justices' eyes.
Most Wanted
by Lisa ScottolineLisa Scottoline, internationally bestselling author of KEEP QUIET and EVERY FIFTEEN MINUTES, returns with MOST WANTED, a gripping new tale of family, secrets and survival. Sure to keep fans of DAUGHTER and I LET YOU GO hooked until the last page.When a woman and her husband, desperate for a baby, find themselves unable to conceive, they decide to take further steps. Since it is the husband who is infertile, the heroine decides to use a donor. And all seems to be well. Three months pass and she is happily pregnant. But a shocking revelation occurs when she discovers that a man arrested for a series of brutal murders is her donor - the biological father of the child she is carrying. Delving deeper to uncover the truth, the heroine must face her worst fears, and confront a terrifying truth. MOST WANTED is sure to be Lisa Scottoline's most discussed, bestselling novel yet.
The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive
by Emma CaveThis book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act 1998, with those in America, which has seen an enormous growth in litigation over the last two decades. In England and Wales, the 'born alive rule' is currently applied only to third parties who injure the fetus, which is later born alive and dies as a result of these injuries. In some American states, a rule of similar origins has been extended so as to criminalize recent mothers whose acts or omissions in pregnancy caused injury or death to the resulting child. The author examines the implications of the laws in both systems, and also looks at the rights of the mother and child in relation to the obligations of the state to protect both of them.
The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive
by Emma CaveThis book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rights Act 1998, with those in America, which has seen an enormous growth in litigation over the last two decades. In England and Wales, the 'born alive rule' is currently applied only to third parties who injure the fetus, which is later born alive and dies as a result of these injuries. In some American states, a rule of similar origins has been extended so as to criminalize recent mothers whose acts or omissions in pregnancy caused injury or death to the resulting child. The author examines the implications of the laws in both systems, and also looks at the rights of the mother and child in relation to the obligations of the state to protect both of them.
Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System
by Melissa Thompson Summer NewellMotherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book’s detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.
Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System
by Melissa Thompson Summer NewellMotherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book’s detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and graduate students in social science courses on correctional policy, gender and crime, and social work.
Motherhood confined: Maternal health in English prisons, 1853-1955 (Social Histories of Medicine #54)
by Rachel E. BennettWhen we imagine life behind the high walls of the fortress-like prisons that were built and modified as the modern prison system was created in the mid-nineteenth century, we conjure up scenes where strict regulation prevailed to control people in body and in mind. An image that poses something of a paradox is that of mothers and their babies living in this carceral environment. This book looks behind the cell doors of these institutions to illuminate the experiences of this group of prisoners. The management of their health alongside the management of penal discipline posed complex conundrums to the prison system. Although rarely fully considered at policy level, this balancing act was negotiated by those who lived and worked in prisons on a daily basis.
Motherhood confined: Maternal health in English prisons, 1853-1955 (Social Histories of Medicine #54)
by Rachel E. BennettWhen we imagine life behind the high walls of the fortress-like prisons that were built and modified as the modern prison system was created in the mid-nineteenth century, we conjure up scenes where strict regulation prevailed to control people in body and in mind. An image that poses something of a paradox is that of mothers and their babies living in this carceral environment. This book looks behind the cell doors of these institutions to illuminate the experiences of this group of prisoners. The management of their health alongside the management of penal discipline posed complex conundrums to the prison system. Although rarely fully considered at policy level, this balancing act was negotiated by those who lived and worked in prisons on a daily basis.
Motivation Ethics
by Mathew CoakleyThis is a book about a particular moral theory – motivation ethics – and why we should accept it. But it is also a book about moral theorizing, about how we might compare different structures of moral theory. In principle we might morally evaluate a range of objects: we might, for example, evaluate what people do – is some action right, wrong, permitted, forbidden, a duty or beyond what is required? Or we might evaluate agents: what is it to be morally heroic, or morally depraved, or highly moral? And, we could evaluate institutions: which ones are just, or morally better, or legitimate? Most theories focus on one (or two) of these and offer arguments against rivals. What this book does is to step back and ask a different question: of the theories that evaluate one object, are they compatible with an acceptable account of the evaluation of the other objects? So, for instance, if a moral theory tells us which actions are right and wrong, well can it then be compatible with a theory of what it is to be a morally good or bad or heroic or depraved agent (or deny the need for this)? It seems that this would be an easy task, but the book sets out how this is very difficult for some of our most prominent theories, why this is so, and why a theory based on motivations might be the right answer.
Motivation Ethics
by Mathew CoakleyThis is a book about a particular moral theory – motivation ethics – and why we should accept it. But it is also a book about moral theorizing, about how we might compare different structures of moral theory. In principle we might morally evaluate a range of objects: we might, for example, evaluate what people do – is some action right, wrong, permitted, forbidden, a duty or beyond what is required? Or we might evaluate agents: what is it to be morally heroic, or morally depraved, or highly moral? And, we could evaluate institutions: which ones are just, or morally better, or legitimate? Most theories focus on one (or two) of these and offer arguments against rivals. What this book does is to step back and ask a different question: of the theories that evaluate one object, are they compatible with an acceptable account of the evaluation of the other objects? So, for instance, if a moral theory tells us which actions are right and wrong, well can it then be compatible with a theory of what it is to be a morally good or bad or heroic or depraved agent (or deny the need for this)? It seems that this would be an easy task, but the book sets out how this is very difficult for some of our most prominent theories, why this is so, and why a theory based on motivations might be the right answer.
Motivation in Organisations: Searching for a Meaningful Work-Life Balance (Humanistic Management)
by Manuel GuillenMotivation in Organisations: Searching for a Meaningful Work-Life Balance extends the current motivation models in business education to include motives of human behaviour that have been neglected for decades. It debunks some of the myths about human motivation (self-interest as the dominant factor, amorality and non-spirituality) and explains why this approach to teaching business is erroneous and leads to wrong and harmful practices in many organisations. In a very personal and engaging style, the author presents a "map of motivations", based on a humanistic approach to management. This includes the latest findings of Abraham H. Maslow supported by sound philosophical reflections and modern research. He also presents specific ways of putting the framework into practice, sharing stories from students and professionals of how this framework has helped them better understand their own motivations and look at their daily work in a much more meaningful way. The book is highly relevant to students and researchers in humanistic management, people management, organisational behaviour, business ethics, corporate social responsibility and sustainability. In short, this text will be truly inspiring to anyone who wants to reflect on motivations in organisations and how to achieve a better work-life balance.
Motivation in Organisations: Searching for a Meaningful Work-Life Balance (Humanistic Management)
by Manuel GuillenMotivation in Organisations: Searching for a Meaningful Work-Life Balance extends the current motivation models in business education to include motives of human behaviour that have been neglected for decades. It debunks some of the myths about human motivation (self-interest as the dominant factor, amorality and non-spirituality) and explains why this approach to teaching business is erroneous and leads to wrong and harmful practices in many organisations. In a very personal and engaging style, the author presents a "map of motivations", based on a humanistic approach to management. This includes the latest findings of Abraham H. Maslow supported by sound philosophical reflections and modern research. He also presents specific ways of putting the framework into practice, sharing stories from students and professionals of how this framework has helped them better understand their own motivations and look at their daily work in a much more meaningful way. The book is highly relevant to students and researchers in humanistic management, people management, organisational behaviour, business ethics, corporate social responsibility and sustainability. In short, this text will be truly inspiring to anyone who wants to reflect on motivations in organisations and how to achieve a better work-life balance.
Motivational Internalism (Oxford Moral Theory)
by Gunnar BjÖrnsson, Caj Strandberg, Ragnar FrancÉn Olinder, John Eriksson And Fredrik BjÖlrklundMotivational internalism-the idea that there is an intrinsic or necessary connection between moral judgment and moral motivation-is a central thesis in a number of metaethical debates. In conjunction with a Humean picture of motivation, it provides a challenge for cognitivist theories that take moral judgments to concern objective aspects of reality. Versions of internalism have potential implications for moral absolutism, realism, non-naturalism, and rationalism. Being a constraint on more detailed conceptions of moral motivation and moral judgment, it is also directly relevant to wider issues in moral psychology. But internalism is a controversial thesis, and the apparent possibility of amoralists and the rejection of strong forms of internalism have also been seen as problems for non-cognitivists. This volume's thirteen new essays and introduction are meant to help readers appreciate state-of-the-art of research on internalism, to identify connections between various aspects of the debate, and to deepen discussion of a number of central aspects of metaethics. The introductory chapter provides a structured overview of the debate with a focus on the last two decades, while the book's three main sections focus on what evidence there is for or against various versions of internalism, the relevance of versions of internalism for wider metaethical issues, and different ways of accommodating both internalist and externalist aspects of moral practice, respectively.
Motivational Internalism (Oxford Moral Theory)
by Ragnar Francén Olinder Gunnar Björnsson Fredrik Björklund Caj Strandberg John ErikssonMotivational internalism-the idea that there is an intrinsic or necessary connection between moral judgment and moral motivation-is a central thesis in a number of metaethical debates. In conjunction with a Humean picture of motivation, it provides a challenge for cognitivist theories that take moral judgments to concern objective aspects of reality. Versions of internalism have potential implications for moral absolutism, realism, non-naturalism, and rationalism. Being a constraint on more detailed conceptions of moral motivation and moral judgment, it is also directly relevant to wider issues in moral psychology. But internalism is a controversial thesis, and the apparent possibility of amoralists and the rejection of strong forms of internalism have also been seen as problems for non-cognitivists. This volume's thirteen new essays and introduction are meant to help readers appreciate state-of-the-art of research on internalism, to identify connections between various aspects of the debate, and to deepen discussion of a number of central aspects of metaethics. The introductory chapter provides a structured overview of the debate with a focus on the last two decades, while the book's three main sections focus on what evidence there is for or against various versions of internalism, the relevance of versions of internalism for wider metaethical issues, and different ways of accommodating both internalist and externalist aspects of moral practice, respectively.
Motivations for Humanitarian intervention: Theoretical and Empirical Considerations (SpringerBriefs in Ethics)
by Andreas KriegThis Brief sheds light on the motivation of humanitarian intervention from a theoretical and empirical point of view. An in-depth analysis of the theoretical arguments surrounding the issue of a legitimate motivation for humanitarian intervention demonstrate to what extent either altruism or national/self-interests are considered a righteous stimulus. The question about what constitutes a just intervention has been at the core of debates in Just War Theory for centuries. In particular in regards to humanitarian intervention it is oftentimes difficult to define the criteria for a righteous intervention. More than in conventional military interventions, the motivation and intention behind humanitarian intervention is a crucial factor. Whether the humanitarian intervention cases of the post-Cold War era were driven by altruistic or by self-interested considerations is a question is covered within and enables a comprehensive and holistic evaluation of the question of what motivates Western democracies to intervene or to abstain from intervention in humanitarian crises.
Motive v. Opportunity: An Agatha Christie Short Story
by Agatha ChristieA classic Agatha Christie short story, available individually for the first time as an ebook.