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1
Glaser, Henning, Bartosz Makowicz, and Miroslaw Wyrzykowski, eds. Die Grundwerte- und Grundrechtsordnung in Polen und Deutschland | System podstawowych wartosci i praw w Niemczech i w Polsce. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845245522.
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This book, which conducts a comparative analysis of constitutions and consists of two main parts, focuses on the basic constitutional laws in Poland and Germany. The first part contains an extensive study of the aforementioned laws in both countries, their significance in terms of the actual constitutions of those countries and their historical, cultural and political foundations in the context of European public law. The second part presents a series of individual theoretical and practice-oriented studies, including ten contributions by former and current judges at both Poland’s and Germany’s constitutional courts and the European Court of Justice. The main subjects these essays address are the challenges to the basic constitutional laws currently posed by the friction between freedom and security, the European dimension of fundamental rights protection and the situation relating to fundamental rights in a globalised world. This bilingual anthology offers its readers in-depth and multifaceted analyses of the basic constitutional laws in Poland and Germany, plus extensive comparative legal references.
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Roger, Mccormick, and Stears Chris. Part VIII Examples of Legal Risk, 28 Recharacterization. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0029.
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This chapter considers the risk of ‘recharacterization’, which refers to the court’s practice of deeming a transaction to be something other than what the parties intended. It argues that although English courts rarely indulge in recharacterization, there are policy considerations that may come into play and put the more adventurously structured transactions at risk. It is important that this risk, which is a legal risk, be understood and evaluated in the more extreme cases and that it is strictly confined to cases where the policy reasons for recharacterization are compelling. The remainder of the chapter discusses different ways of raising money, the risk of wrong labels, essential differences between sale and security, the lender’s dilemma, and the House of Lords’ decision in National Westminster Bank plc v Spectrum Plus Ltd.
3
Slorach, J. Scott, and Jason Ellis. Business Law 2017-2018. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787686.001.0001.
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Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
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Slorach, J. Scott, and Jason Ellis. Business Law 2018-2019. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823230.001.0001.
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Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
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Slorach, J. Scott, and Jason Ellis. Business Law 2019-2020. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838579.001.0001.
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Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
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Slorach, J. Scott, and Jason Ellis. Business Law 2020-2021. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858393.001.0001.
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Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume, which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
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Slorach, J. Scott, and Jason Ellis. Business Law. 29th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844316.001.0001.
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Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume, which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
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French, Derek. 11. Borrowing and security. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0011.
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This chapter considers borrowing as an important method of financing a company’s activities, and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges and floating charges as a form of security and their crystallisation. The extent to which the assets of a company to which anyone is considering extending credit are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.
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French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 11. Borrowing and security. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0011.
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This chapter considers borrowing as an important method of financing a company’s activities and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security, and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges, and floating charges as a form of security and their crystallisation. The extent to which the assets of anyone considering extending credit to a company are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.
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Spencer, Maureen, and John Spencer. Concentrate Questions and Answers Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198819905.001.0001.
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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. Concentrate Q&A Evidence offers expert advice on what to expect from your Evidence exam, how best to prepare and guidance on what examiners are really looking for. Written by experienced examiners, it provides clear commentary with each question and answer and bullet points and diagram answer plans plus tips to make your answer really stand out from the crowd and further reading suggestions at the end of every chapter. The book should help the reader identify typical law exam questions, structure a first-class answer, avoid common mistakes, show the examiner what the reader knows and find relevant further reading. After an introduction, the book covers burden and standard of proof, presumptions, competence and compellability, Special Measures Directions, character evidence, hearsay, confessions, the defendant’s silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course of trial, privilege, public policy and mixed questions. The final chapter gives guidance on assessed coursework. The book is suitable for undergraduate law students taking optional modules in Evidence.
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Lloyd, Sheelagh, and Eric R. Morgan. Toxocarosis. Oxford University Press, 2011. http://dx.doi.org/10.1093/med/9780198570028.003.0071.
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Toxocara canis and the syndromes of visceral and ocular larva migrans (VLM, OLM), covert toxocarosis, and neurological toxocarosis are described. Other potential agents, particularly Toxocara cati and Baylisascaris procyonis , are described. The transmission dynamics of toxocarosis to humans have never been fully elucidated, but the potential roles of pet and stray dogs, foxes, cats, and the influence of their population densities, and age demographies, are discussed in relation to contamination of the environment with eggs. Routes of infection with eggs by geophagia, poor hygiene outdoors and with dogs, and fly-borne contamination of food, and meat-borne ingestion of larvae are described. The development of prolonged in vitro culture and analyses of T. canis larval excretions/secretions (TES) and surface antigens helped explain the importance of the rapid production and shedding of TES in the prolonged course of infection and pathogenesis of disease. TES also have greatly improved serodiagnosis. However, we still have insufficient understanding of differences in the aetiology of the larvae or differences in immune responses among individuals to account for development of VLM, covert toxocarosis, or OLM in different individuals. Our understanding of the immunopathological response of the host to TES has emphasized the need for anti-inflammatory therapy in treatment; unfortunately, less information is available on the true efficacy of the anthelmintics available. The complexity of the T. canis life cycle in dogs is described and therapeutic regimens to prevent excretion of eggs by pet dogs are given. This, plus adequate control or exclusion of stray or wild canids from a property could prevent most cases of VLM. Control of infection from free-ranging stray dogs, cats and foxes, will be difficult and more data are needed to clarify the importance of these and of fly-borne and meat-borne transfer of infection to humans for control.
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Feys, Torsten. The Battle for the Migrants. Liverpool University Press, 2012. http://dx.doi.org/10.5949/liverpool/9781927869000.001.0001.
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This book approaches the well-documented study of European mass migration to the United States of America from the viewpoint of mass migration as a business venture. The overall purpose is to demonstrate that maritime and migration histories are interlinked and dependent on a deeper understanding of the social, economic, and political factors at work in the nineteenth century Atlantic community. It centres on both the evolution of the port of Rotterdam as a migration gateway, and the crucial role of the Holland-America line as a regulator of the North American passenger trade. The first part of the book explores the simultaneous rise of transatlantic mass migration and long-distance steamshipping between 1830 to 1870. The second part, divided into five chapters, explores how mass migration became a big business between 1870 and 1914, and scrutinises how steamship companies organised and provided initiatives for transoceanic migration, plus the role of shipping agents and agent-networks, and how passenger services were constructed within transatlantic networks. Over the course of the text it becomes increasingly clear that by approaching mass migration as a trade issue, the role of steamship companies in the facilitation of transatlantic migration is rendered both intrinsic and pivotal. It consists of an introduction containing contextual information, two sections providing historical overviews, five chapters exploring different aspects of the shipping industry’s response to mass migration, conclusion, bibliography, and six appendices of passenger, destination, agent, and advertising statistics.
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Nackoney, Janet, Jena Hickey, David Williams, Charly Facheux, Takeshi Furuichi, and Jef Dupain. Geospatial information informs bonobo conservation efforts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198728511.003.0017.
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The endangered bonobo (Pan paniscus), endemic to the Democratic Republic of Congo (DRC), is threatened by hunting and habitat loss. Two recent wars and ongoing conflicts in the DRC greatly challenge conservation efforts. This chapter demonstrates how spatial data and maps are used for monitoring threats and prioritizing locations to safeguard bonobo habitat, including identifying areas of highest conservation value to bonobos and collaboratively mapping community-based natural resource management (CBNRM) zones for reducing deforestation in key corridor areas. We also highlight the development of a range-wide model that analysed a variety of biotic and abiotic variables in conjunction with bonobo nest data to map suitable habitat. Approximately 28 per cent of the range was predicted suitable; of that, about 27.5 per cent was located in official protected areas. These examples highlight the importance of employing spatial data and models to support the development of dynamic conservation strategies that will help strengthen bonobo protection. Le bonobo en voie de disparition (Pan paniscus), endémique à la République Démocratique du Congo (DRC), est menacé par la chasse et la perte de l’habitat. Deux guerres récentes et les conflits en cours dans le DRC menacent les efforts de conservation. Ici, nous montrons comment les données spatiales et les cartes sont utilisées pour surveiller les menaces et prioriser les espaces pour protéger l’habitat bonobo, inclut identifier les zones de plus haute valeur de conservation aux bonobos. En plus, la déforestation est réduite par une cartographie collaborative communale de gestion de ressources dans les zones de couloirs essentiels. Nous soulignons le développement d’un modèle de toute la gamme qui a analysé un variété de variables biotiques et abiotiques en conjonction avec les données de nid bonobo pour tracer la carte d’un habitat adéquat. Environ 28 per cent de la gamme est prédit adéquat; de cela, environ 27.5 per cent est dans une zone officiellement protégée. Ces exemples soulignent l’importance d’utiliser les données spatiales et les modèles pour soutenir le développement de stratégies de conservations dynamiques qui aideront à renforcer la protection des bonobos.
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Amran, Noor Afza. Contemporary issues in financial reporting, auditing and corporate governance. UUM Press, 2013. http://dx.doi.org/10.32890/9789670474564.
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Contemporary Issues in Financial Reporting, Auditing and Corporate Governance offers theoretical and empirical background on three fundamental areas of accounting, namely financial reporting, auditing and corporate governance.This book is written in a clear and reader-friendly manner to create readers interest in the central issues of discussion. The uniqueness of this book is in its extensive coverage of national and internationally-oriented issues of financial reporting, auditing and corporate governance. This book is ideal for accounting and business related courses at upper undergraduate and post-graduate levels. With its broad coverage, the book should also be of interest to academicians, professionals, corporate managers, regulatory bodies and researchers.The articles written in this book are: Corporate Social Responsibility and Post-Crisis StrategyEmployee Stock Options Popularity of Financial Ratios in the Annual ReportsThe Relationship between Pension Funds and Dividend PayoutDoes Audit Firm Merger Add Value to Its Clients? Co-operation between Internal and External Auditors: From the Perspective of Internal Auditors in Malaysian Local Authorities Auditor Choice: Events and TheoriesThe Global Audit Expectation Gap: Within and between Muslim CountriesOwnership Holdings: Selected Malaysian Family Businesses Ethnic Diversity in Malaysian Initial Public OfferingsCEO Succession in Malaysian PLCs: Does Firm Characteristic Make a Difference?A Framework of Good Governance: Lessons for the Inland Revenue Board Malaysia.
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Lodge, Hugo D. Blackstone’s Guide to The Sanctions and Anti-Money Laundering Act. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844778.001.0001.
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The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent, and effects of the legislation, plus a copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. Following the UK withdrawal from the European Union, the Sanctions and Anti-Money Laundering Act 2018 was enacted to enable the UK to continue to implement a regime originating in the EU. This book covers the implementation of a new system for the enforcement of sanctions, including a new mechanism for an appropriate minister to review listings of designated persons and a mechanism for review of that ministerial decision by the High Court. This guide covers the background and Parliamentary scrutiny through to enactment. It offers an approachable commentary to the statute, enabling practitioners to get to grips with the key provisions and the implications for practice. As with all Blackstone's Guides, this book will be in two parts; the first providing detailed commentary on the effects and scope of the Act and the second providing a full copy of the Act itself.
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Arroyo, Vicente, Mónica Guevara, and Javier Fernández. Renal failure in cirrhosis. Edited by Norbert Lameire. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199592548.003.0247.
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A major event in liver cirrhosis is the development of a progressive deterioration of circulatory function due to splanchnic arterial vasodilation and impairment in cardiac function. This feature determines a homeostatic activation of the renin–angiotensin–aldosterone system, sympathetic nervous system, and antidiuretic hormone. The splanchnic microcirculation is resistant to the vasoconstrictor effect of these systems. Therefore, the homeostasis of arterial pressure in cirrhosis occurs in the extrasplanchnic, mainly renal circulation. The activation of these systems produces renal fluid retention, which accumulates as ascites, and water retention and dilutional hyponatraemia. In the latest phase of cirrhosis, when circulatory dysfunction is severe, renal vasoconstriction is intense and patients develop type 2 hepatorenal syndrome (HRS) and refractory ascites.Type 1 HRS is an acute and rapidly progressive renal failure that occurs in the setting of a precipitating event, commonly an infection. Patients with type 1 HRS also present with rapid deterioration of liver function (encephalopathy, jaundice) and relative adrenal insufficiency. The mechanism of this multiorgan failure is an acute deterioration in circulatory function due to both an accentuation of arterial vasodilation and of cardiac dysfunction.There is no specific test for the diagnosis of HRS. The most accepted diagnostic criteria are those proposed by the International Ascites Club which are based on the exclusion of other types of renal failure. The course of renal failure following treatment of the precipitating event of HRS is another important diagnostic feature.The treatment of choice of tense ascites in cirrhosis is paracentesis associated with intravenous albumin infusion. Moderate sodium restriction and diuretics (spironolactone alone or associated with furosemide) are subsequently given to prevent re-accumulation of ascites. Diuretics are the treatment of choice in patients with moderate ascites. Patients with type 2 HRS and refractory ascites (not responding to diuretics) could be treated by frequent paracentesis or by the insertion of a transjugular intrahepatic portosystemic shunt (TIPS).Terlipressin plus albumin is the treatment of choice in type 1 HRS
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William A, Schabas. Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.56 Role of the Pre-Trial Chamber in relation to a unique investigative opportunity/Rôle de la chambre préliminaire dans le cas où l’occasion d’obtenir des renseignements ne se présentera plus. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0061.
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This chapter comments on Article 56 of the Rome Statute of the International Criminal Court. Article 56 provides an exceptional mechanism by which evidence may be collected under judicial oversight and then made available at trial. It authorizes the Pre-Trial Chamber to ‘take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence’. Thus, the focus is on ensuring that the interests of the defence are protected at a stage that may arise even before a defendant has been identified. However, the benefits of article 56 are not reserved to evidence helpful to the defence. The special function of article 56 can be invoked by the Prosecutor or by the Pre-Trial Chamber itself, acting on its own initiative.