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The Carrier's Liability for Deck Cargo: A Comparative Study on English and Nordic Law with General Remarks for Future Legislation (Hamburg Studies on Maritime Affairs #33)
by Lina WiedenbachThis book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever.The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.
Carrion Ecology, Evolution, and Their Applications
by M. Eric Benbow Jeffery K. Tomberlin Aaron M. TaroneShortlisted for the 2018 TWS Wildlife Publication Awards in the edited book categoryDecomposition and recycling of vertebrate remains have been understudied, hampered largely due to these processes being aesthetically challenging (e.g., smell and sight). Technological innovations have provided the means to explore new and historically understo
Cartel Damages: Principles, Measurement, and Economics
by Cento VeljanovskiCartel Damages represents a comprehensive practical guide on the law, economics, and measurement of cartel damages under UK and European competition laws. It draws together the most recent research on cartels, economic analysis, empirical techniques, case law, and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and could be, applied under European and UK competition laws. Written with the practitioner in mind, the author adopts a rigorous yet pragmatic approach to the subject. Detailed discussions of leading cases complement the treatment of the application of economic theory and empirical techniques in competition law and litigation. Three useful appendices provide the reader with quick reference guides to statistics on European Cartel Decisions (1999 to 2018), Bank of England 'base rate' (1980-2019), and where to find key documents and information. This represents an essential tool for competition practitioners and academics involved or interested in cartel damages. Fully cross-referenced and tabled, Cartel Damages is an invaluable and practical guide to issues of increasing importance and relevance in competition law.
Cartel Damages: Principles, Measurement, and Economics
by Cento VeljanovskiCartel Damages represents a comprehensive practical guide on the law, economics, and measurement of cartel damages under UK and European competition laws. It draws together the most recent research on cartels, economic analysis, empirical techniques, case law, and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and could be, applied under European and UK competition laws. Written with the practitioner in mind, the author adopts a rigorous yet pragmatic approach to the subject. Detailed discussions of leading cases complement the treatment of the application of economic theory and empirical techniques in competition law and litigation. Three useful appendices provide the reader with quick reference guides to statistics on European Cartel Decisions (1999 to 2018), Bank of England 'base rate' (1980-2019), and where to find key documents and information. This represents an essential tool for competition practitioners and academics involved or interested in cartel damages. Fully cross-referenced and tabled, Cartel Damages is an invaluable and practical guide to issues of increasing importance and relevance in competition law.
The Cartel Offence
by Mark Furse Susan NashThis book deals with the cartel offence introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offence to operate certain cartel arrangements in the UK, and those found guilty of the offence face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offence with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix.
Carter v Boehm and Pre-Contractual Duties in Insurance Law: A Global Perspective after 250 Years
by Yong Qiang Han Greg PyntRevisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.
Carter v Boehm and Pre-Contractual Duties in Insurance Law: A Global Perspective after 250 Years (Berg New Media Ser.)
by Yong Qiang Han Greg PyntRevisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.
Carter’s Breach of Contract: (2nd Hart Edition)
by Jw CarterCarter's Breach of Contract is well established as the leading text on the subject in the Commonwealth, having been cited regularly and with approval by the courts in a number of jurisdictions. The work is comprehensive in relation to both English and Australian law. Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2nd as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension. It will therefore be a valuable resource for scholars, practising lawyers and students of contract law.This new edition retains the hallmark of the previous edition: its statement of the law of breach of contract in a series of articles, which codify the law as a set of brief statements of principle. These articles are also reproduced in the Appendix, and together with an extensive bibliography, index, and tables, make this the ideal first port of call for all questions relating to breach of contract.
Carter’s Breach of Contract: (2nd Hart Edition)
by Jw CarterCarter's Breach of Contract is well established as the leading text on the subject in the Commonwealth, having been cited regularly and with approval by the courts in a number of jurisdictions. The work is comprehensive in relation to both English and Australian law. Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2nd as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension. It will therefore be a valuable resource for scholars, practising lawyers and students of contract law.This new edition retains the hallmark of the previous edition: its statement of the law of breach of contract in a series of articles, which codify the law as a set of brief statements of principle. These articles are also reproduced in the Appendix, and together with an extensive bibliography, index, and tables, make this the ideal first port of call for all questions relating to breach of contract.
Cartner on the International Law of the Shipmaster: On The New Command at Sea (Maritime and Transport Law Library)
by John A. CartnerThis unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession. This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
Cartner on the International Law of the Shipmaster: On The New Command at Sea (Maritime and Transport Law Library)
by John A. CartnerThis unique book rethinks and rewrites the previous edition. It categorises simply the nine interactive legal duties of the shipmaster, analysing and relating them to laws and conventions within a single volume. Cartner on the International Law of the Shipmaster contends that command depends on decision-making, and that shipmasters are not provided sufficient, timely, relevant, and pertinent information for command decisions. The book proposes voyage planning follow the spacecraft model of the USA's National Aeronautics and Space Administration, providing readers with a metric for command. It constructively criticises the conventions and management and is aimed at reducing catastrophes by focusing on the hitherto elusive human factor in the shipmaster. Cartner proposes that command at sea be its own profession and discipline with those called to it specifically trained in its intricacies; he argues that current ships are not designed to be command-worthy or security-worthy and that management should reorder its relationships with shipmasters as tactical managers afloat. The insights the book provides are an invaluable aid to decision making for the modern civil commander and anyone association with this pivotal and essential profession. This book is a necessary reference and guide for shipmasters, technologists, naval architects, regulators, underwriters, students, practitioners and courts of maritime law and command worldwide.
Cartridges and Firearm Identification
by Robert E. WalkerAt a time when crime scene television shows are all the rage amongst the civilian population, knowledge of firearm forensics is of paramount importance to crime scene analysts, police detectives, and attorneys for both the prosecution and the defense. Cartridges and Firearm Identification brings together a unique, multidisciplined approach to quest
Cartridges and Firearm Identification
by Robert E. WalkerAt a time when crime scene television shows are all the rage amongst the civilian population, knowledge of firearm forensics is of paramount importance to crime scene analysts, police detectives, and attorneys for both the prosecution and the defense. Cartridges and Firearm Identification brings together a unique, multidisciplined approach to quest
CAS and Football: Landmark Cases (ASSER International Sports Law Series)
by Alexander WildFIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
The Case against Assisted Suicide: For the Right to End-of-Life Care
by Kathleen M. Foley Herbert HendinIn The Case against Assisted Suicide: For the Right to End-of-Life Care, Dr. Kathleen Foley and Dr. Herbert Hendin uncover why pleas for patient autonomy and compassion, often used in favor of legalizing euthanasia, do not advance or protect the rights of terminally ill patients. Incisive essays by authorities in the fields of medicine, law, and bioethics draw on studies done in the Netherlands, Oregon, and Australia by the editors and contributors that show the dangers that legalization of assisted suicide would pose to the most vulnerable patients. Thoughtful and persuasive, this book urges the medical profession to improve palliative care and develop a more humane response to the complex issues facing those who are terminally ill.
The Case Against Bureaucratic Discretion
by Steven G. KovenThis book explores contemporary and historical examples of bureaucratic discretion to describe a continuum of resistance to authoritative directives by hierarchical superiors. Resistance ranges from blind obedience or complete nonresistance to street-level opposition; in between these extremes, however, are minimal compliance and resistance sanctioned by immediate superiors. Although politicians may pass legislation, the subject of bureaucratic implementation or lack thereof remains an area of vital concern. Grounded in administrative theory (beginning with Woodrow Wilson’s seminal discussion of the virtue of adopting a businesslike approach to American governing) and emphasizing the power of street-level bureaucrats, the aim of this book is to expand awareness of the potentially dangerous power of insulated bureaucrats.
The Case Against Consequentialism Reconsidered (Theory and Decision Library A: #51)
by Nikil MukerjiThis book argues that critics of consequentialism have not been able to make a successful and comprehensive case against all versions of consequentialism because they have been using the wrong methodology. This methodology relies on the crucial assumption that consequentialist theories share a defining characteristic. This text interprets consequentialism, instead, as a family resemblance term. On that basis, it argues quite an ambitions claim, viz. that all versions of consequentialism should be rejected, including those that have been created in response to conventional criticisms. The book covers a number of classic themes in normative ethics, metaethics and, particularly, ethical methodology and also touches upon certain aspects of experimental moral philosophy. It is written in clear language and is analytic in its argumentative style. As such, the book should appeal to students, graduate students as well as professional academics with an interest in analytic moral philosophy.
The Case Against Free Speech: The First Amendment, Fascism, and the Future of Dissent
by PE MoskowitzA hard-hitting expose that shines a light on the powerful conservative forces that have waged a multi-decade battle to hijack the meaning of free speech--and how we can reclaim it.There's a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it's at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it.But as P. E. Moskowitz provocatively shows in The Case Against Free Speech, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What's more, our investment in the First Amendment obscures an uncomfortable truth: free speech is impossible in an unequal society where a few corporations and the ultra-wealthy bankroll political movements, millions of voters are disenfranchised, and our government routinely silences critics of racism and capitalism.Weaving together history and reporting from Charlottesville, Skokie, Standing Rock, and the college campuses where student protests made national headlines, Moskowitz argues that these flash points reveal more about the state of our democracy than they do about who is allowed to say what.Our current definition of free speech replicates power while dissuading dissent, but a new ideal is emerging. In this forcefully argued, necessary corrective, Moskowitz makes the case for speech as a tool--for exposing the truth, demanding equality, and fighting for all our civil liberties.
The Case Against the Constitution
by John F. Manley Kenneth M. DolbeareThis is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.
The Case Against the Constitution
by John F. Manley Kenneth M. DolbeareThis is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.
The Case Against the Davis-Bacon Act: Fifty-Four Reasons for Repeal
by Armand J. ThieblotThe Davis-Bacon Act is a United States federal law that established the requirement that prevailing wages must be paid on public works projects. In this book, Armand J. Thieblot argues that the law was passed under false pretenses and based on flawed economic logic. Despite this, the law continues to expand in scope and increase in cost. The act is supported by a substantial bureaucracy within the Department of Labor that has resisted all efforts at substantive modernization or reform. Today, the Davis-Bacon Act is the bedrock upon which stands one of the last bastions of private unionization in the construction industry. This book provides a compelling list of fifty-four separate reasons why the Davis-Bacon Act should be repealed.Thieblot deals with the history, purposes, and administrative concepts of prevailing wage laws, providing an overview of the act's administration. He covers the survey and determination process, and delves into how the act is administered. Thieblot summarizes its direct and indirect costs, evaluates counterclaims on the economic impact of Davis-Bacon, and considers compromises short of full repeal. Also included are seven appendices that provide full support for the conclusions summarized in the main text.Thieblot documents a case against Davis-Bacon that is neither judgmental nor political, but he does question whether there is compelling public interest in maintaining a federal prevailing wage law. He puts forward a list of reasons why the Davis-Bacon Act should be repealed, making a convincing case that deserves action and not just simple consideration. This work should be read by all economists, lawmakers, and government officials.
The Case Against the Davis-Bacon Act: Fifty-Four Reasons for Repeal
by Armand J. ThieblotThe Davis-Bacon Act is a United States federal law that established the requirement that prevailing wages must be paid on public works projects. In this book, Armand J. Thieblot argues that the law was passed under false pretenses and based on flawed economic logic. Despite this, the law continues to expand in scope and increase in cost. The act is supported by a substantial bureaucracy within the Department of Labor that has resisted all efforts at substantive modernization or reform. Today, the Davis-Bacon Act is the bedrock upon which stands one of the last bastions of private unionization in the construction industry. This book provides a compelling list of fifty-four separate reasons why the Davis-Bacon Act should be repealed.Thieblot deals with the history, purposes, and administrative concepts of prevailing wage laws, providing an overview of the act's administration. He covers the survey and determination process, and delves into how the act is administered. Thieblot summarizes its direct and indirect costs, evaluates counterclaims on the economic impact of Davis-Bacon, and considers compromises short of full repeal. Also included are seven appendices that provide full support for the conclusions summarized in the main text.Thieblot documents a case against Davis-Bacon that is neither judgmental nor political, but he does question whether there is compelling public interest in maintaining a federal prevailing wage law. He puts forward a list of reasons why the Davis-Bacon Act should be repealed, making a convincing case that deserves action and not just simple consideration. This work should be read by all economists, lawmakers, and government officials.
The Case Against William
by Mark GimenezCriminal defence lawyers must make their peace with one harsh fact of life: most of their clients are guilty. Yet when William Tucker, a celebrated and self-centered star college football player, is suddenly arrested and charged with the brutal rape and murder of a college coed two years before, his broken-down, drunken estranged father Frank can't believe he's guilty. What father could?But Frank is also an ex-criminal defence lawyer.Now Frank must find a way to sober up and save his son from the death penalty sought by an ambitious district attorney.Can a father's love for his accused son save him from death?
The Case for Affirmative Action on Campus: Concepts of Equity, Considerations for Practice
by Eboni M. Zamani-Gallaher Denise O’Neil Green David O. Stovall M. Christopher Brown II* Marshalls the arguments for affirmative action* Offers strategies for actionWhy is affirmative action under attack? What were the policy’s original purposes, and have they been achieved? What are the arguments being arrayed against it? And–for all stakeholders concerned about equity and diversity on campus–what’s the way forward, politically, legally, and practically?The authors explore the historical context, the philosophical and legal foundations of affirmative action, present contemporary attitudes to the issue on and off campus, and uncover the tactics and arguments of its opponents. They conclude by offering strategies to counter the erosion of affirmative action, change the basis of the discourse, and coordinate institutional support to foster inclusive college environments and multi-ethnic campus communities.This book analyzes the ideological and legal construction of colorblind legislation that has led to the de facto exclusion of people of color from institutions of higher education. It addresses the role of the courts in affecting affirmative action in higher education as a workplace and place of study. It documents the under-representation of collegians of color and presents research on student opinion on race-based policies at two- and four-year institutions. It details the pervasiveness of the affirmative action debate across educational sectors and the status of race among myriad factors considered in college admissions. Finally, it considers affirmative action as a pipeline issue and in the light of educational policy.
The Case for Affirmative Action on Campus: Concepts of Equity, Considerations for Practice
by Eboni M. Zamani-Gallaher Denise O’Neil Green David O. Stovall M. Christopher Brown II* Marshalls the arguments for affirmative action* Offers strategies for actionWhy is affirmative action under attack? What were the policy’s original purposes, and have they been achieved? What are the arguments being arrayed against it? And–for all stakeholders concerned about equity and diversity on campus–what’s the way forward, politically, legally, and practically?The authors explore the historical context, the philosophical and legal foundations of affirmative action, present contemporary attitudes to the issue on and off campus, and uncover the tactics and arguments of its opponents. They conclude by offering strategies to counter the erosion of affirmative action, change the basis of the discourse, and coordinate institutional support to foster inclusive college environments and multi-ethnic campus communities.This book analyzes the ideological and legal construction of colorblind legislation that has led to the de facto exclusion of people of color from institutions of higher education. It addresses the role of the courts in affecting affirmative action in higher education as a workplace and place of study. It documents the under-representation of collegians of color and presents research on student opinion on race-based policies at two- and four-year institutions. It details the pervasiveness of the affirmative action debate across educational sectors and the status of race among myriad factors considered in college admissions. Finally, it considers affirmative action as a pipeline issue and in the light of educational policy.