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Insight and Solidarity: The Discourse Ethics of Jürgen Habermas (Philosophy, Social Theory, and the Rule of Law #1)
by William RehgDiscourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jürgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism.Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of caring for other individuals, Rehg shows that discourse ethics combines impartiality with solidarity. He provides the first systematic reconstruction of Habermas's theory and explores its relationship to the work of such contemporary philosophers as Charles Taylor. His book articulates a bold alternative to the split between the "right" and the "good" in moral theory and will greatly interest philosophers, social and legal scholars, and political theorists.
Insincere Promises: The Law of Misrepresented Intent
by Ian Ayres Gregory KlassHow can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book--the first ever devoted to the analysis of promissory fraud--answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
Insolvency Law Reforms in Asian Developing Countries: An Epitome of Legal Transplants (SpringerBriefs in Economics)
by Yuka KanekoThis book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.
Insolvency Law and Multinational Groups: Theories, Solutions and Recommendations for Business Failure (Routledge Research in Corporate Law)
by Daoning ZhangThe insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
Insolvency Law in East Asia
by Roman TomasicInsolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.
Insolvenzen in der kritischen Infrastruktur: Fokus kommunale Unternehmen und Energiewirtschaft
by Pascal KuhnDieses Buch befasst sich mit Insolvenzen von Unternehmen, welche kritische Energieinfrastruktur verantworten. Wirtschaftliche Schieflagen solcher Unternehmen können weit größere Kreise ziehen als Insolvenzen in anderen Wirtschaftszweigen. Das Buch ermöglicht einen Überblick und möchte Orientierung bieten für Verantwortliche in diesen Sondersituationen. Zielgruppe sind neben Geschäftsführern der kritischen Energieinfrastruktur auch Aufsichtsräte und politische Entscheider.
Insolvenzverfahren bei Massearmut und Masseunzulänglichkeit: Chancen der Betriebsfortführung. Optimierung der Verfahrensergebnisse. Haftungsrisiken
by Stefan Smid Susanne RiedemannDieses Buch beschäftigt sich mit Insolvenzfällen, bei denen die Insolvenzmasse zu einem Zeitpunkt der Verfahrensabwicklung allenfalls die Kosten des Insolvenzverfahrens deckt. Diese Lage tritt vielfach auf und gehört zu den Standardproblemen, mit denen sich Insolvenzverwalter und Berater auseinandersetzen müssen. Rechtsdogmatische Stimmigkeit und Praxisorientierung verbinden sich bei den vorgeschlagenen Lösungen.Bei Eintritt der Massearmut – der Massebedürftigkeit gem. § 207 InsO oder der Masseunzulänglichkeit nach den §§ 208 ff. InsO - hat die höchstrichterliche Rechtsprechung das Verfahren von einer Notabwicklung hin zu einer besonderen Form der Insolvenzverwaltung mit dem Ziel entwickelt, dem Insolvenzverwalter eine optimale Verwertung der Masse zu ermöglichen und dabei seine Haftungsrisiken zu verringern. Dabei stehen die Risiken im Vordergrund, die bei einer Fortführung des insolvenzschuldnerischen Betriebes auftreten. Besonderes Augenmerk wird auf die Möglichkeiten einer Verfahrensgestaltung durch Insolvenzpläne nach § 210a InsO gelegt.Die Massebedürftigkeit (Massearmut i.e.S.) gem. § 207 InsO wird in ihren Voraussetzungen und Rechtsfolgen für die Abwicklung des Verfahrens eingehend dargestellt und dabei insbesondere die Handlungsmöglichkeiten des Insolvenzverwalters beleuchtet.Der Schwerpunkt der Darstellung liegt bei der Behandlung der Masseunzulänglichkeit gem. §§ 208 ff. InsO. Aus den dabei behandelten Fragen sind hervorzuheben:Voraussetzungen der Anzeige der Masseunzulänglichkeit; Ermessen des Insolvenzverwalters bei der Wahl des Zeitpunktes der AnzeigeProzessuale Wirkungen der Anzeige auf die Rechtsdurchsetzung der MassegläubigerProbleme einer zweiten Masseunzulänglichkeit und deren Auswirkung auf die Rechtsstellung der NeumassegläubigerVerjährung von Masseforderung nach Wiederherstellung der MassesuffizienzInsolvenzpläne bei MasseunzulänglichkeitFragen der Haftung des Insolvenzverwalters: Verhältnis der Haftungstatbestände der §§ 60 und 61 InsO
Inspecting and Diagnosing Disrepair
by Patrick ReddinInspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
Inspection of Medical Devices: For Regulatory Purposes (Series in Biomedical Engineering)
by Almir Badnjević Mario Cifrek Ratko Magjarević Zijad DžemićThis comprehensive guide invites nations worldwide to embark on a transformative journey, implementing independent third-party verification systems that ensure medical devices comply with both international and national regulations. Prepare to be captivated as we delve into the intricate processes, unveil essential procedures, and illuminate the paramount importance of establishing traceability for medical device measurements.Imagine a world where medical devices undergo rigorous independent safety and performance verification, guaranteeing the utmost reliability for patient diagnoses and treatment. This book takes you on a compelling exploration of precisely that vision. Focusing on cutting-edge diagnostic and therapeutic devices, it captures the very essence of the latest international directives and regulations, ensuring you stay ahead of the curve.This new edition goes beyond the conventional, delving into the realms of innovation and progress. Unveiling in-depth maintenance regimes within healthcare institutions, we provide you with invaluable insights into post-market surveillance. As the world embraces the transformative potential of artificial intelligence, we pave the way for evidence-based management of medical device maintenance—a concept poised to reshape the healthcare landscape.Imagine a future where medical devices are seamlessly integrated into the legal metrology system, while fully operational national laboratories for medical device inspection set new standards of excellence. This book vividly illustrates how such a powerful union can elevate the reliability of medical devices in diagnosis and patient care. Brace yourself for a paradigm shift that not only enhances efficacy but also leads to significant cost reductions within your country's healthcare system.Join us on this extraordinary journey as we unveil the untapped potential of medical device inspection. With our innovative approach and unrivaled expertise, together we can revolutionize healthcare, transforming the lives of countless patients worldwide. Get ready to be inspired, informed, and empowered—welcome to the future of healthcare!
Inspections and Reports on Dwellings: Reporting for Sellers
by Ian Gordon Ian MelvilleInspections and Reports on Dwellings is a series of four books, the first three of which have already been published to considerable success. This concluding book covers reports prepared before dwellings are put on the market for sale, whether as a legal requirement or on a voluntary basis. All take into account guidelines laid down by the Courts for this type of work. Sellers’ surveys are not new, but only now have standard formats been developed. In England and Wales this is the Home Condition Report, with its Energy Performance Certificate, which can only be prepared by Licensed Home Inspectors. The Home Inspectors hold a Diploma in Home Inspection, sometimes with an add-on Certificate in Valuation of Residential Property for Secured Lending and they are members of a Government approved certification scheme. In Scotland each dwelling must have a Single Survey Report carried out before it goes on the market from 1 December 2008. The Single Survey Report describes the condition, sets out accessibility information, contains a valuation and energy reports. Initially only Chartered Surveyors will be authorised to do this work. Both Inspectors and Surveyors have to follow Codes of Conduct and Practice, carry professional indemnity insurance and allow their reports to be monitored to maintain standards – an entirely new concept. The book examines the relevant legislation and looks closely at the entire qualification and certification process for Home Inspector Valuers. Additionally the likely reaction of sellers, buyers and lenders are discussed. A substantial section is devoted to lending on dwellings and the practicalities of their valuation by the Comparative, Investment and Residual methods following the requirements of the ‘Red Book’. Four detailed sample reports are included to demonstrate how reports must be presented. The book is intended for all those engaged in the preparation of reports on dwellings whether experienced, newly qualified or studying. As well as being an essential book for surveyors it will also be of considerable interest to solicitors and estate agents, particularly those based in Scotland. The authors, experienced Chartered Surveyors, have written extensively on the diagnosis of defects in dwellings and are joint authors of the successful EG Books publication The Repair and Maintenance of Houses, 2nd edn.
Inspector Oldfield and the Black Hand Society: America's Original Gangsters and the U.S. Postal Detective who Brought Them to Justice
by Victoria Bruce William OldfieldThe incredible true story of the US Post Office Inspector who took down the deadly Black Hand, a turn-of-the-century Italian-American secret society that preyed on immigrants across America’s industrial heartland—featuring fascinating and never-before-seen documents and photos from the Oldfield family’s private collection.Before the emergence of prohibition-era gangsters like Al Capone and Lucky Luciano, there was the Black Hand: an early twentieth-century Sicilian-American crime ring that preyed on immigrants from the old country. In those days, the FBI was in its infancy, and local law enforcement were clueless against the dangers—most refused to believe that organized crime existed. Terrorized victims rarely spoke out, and the criminals ruled with terror—until Inspector Frank Oldfield came along. In 1899, Oldfield became America’s 156th Post Office Inspector—joining the ranks of the most powerful federal law enforcement agents in the country. Based in Columbus, Ohio, the unconventional Oldfield brilliantly took down train robbers, murderers, and embezzlers from Ohio to New York to Maryland. Oldfield was finally able to penetrate the dreaded Black Hand when a tip-off put him onto the most epic investigation of his career, culminating in the 1909 capture of sixteen mafiosos in a case that spanned four states, two continents—and ended in the first international organized crime conviction in the country. Hidden away by the Oldfield family for one hundred years and covered-up by rival factions in the early 20th century Post Office Department, this incredible true story out of America’s turn-of-the-century heartland will captivate all lovers of history and true crime.
Inspirational Guide for the Implementation of PRME: Learning to Go Beyond (The Principles for Responsible Management Education Series)
by Alan Murray Kathryn Haynes Denise Baden Paul Cashian Alec WersunSince the inception of the United Nations Global Compact sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer why management education should change, but _how_?Following on from the Inspirational Guide for the Implementation of PRME: Placing Sustainability at the heart of Management Education, this casebook highlights the real implementers of responsible management education, and their stories are truly inspirational. The evolving picture underscores the important changes already taking place, and the role of PRME in effecting such change. The clear message is that continuous experimentation, innovation, and learning is required to transform constructs of management education. The new collection contains 27 case stories from universities and business schools spanning Asia, Oceania, Latin America, USA and Canada, Europe, the Middle East and Africa. This important compilation will be an inspiration for all forward-thinking business schools across the world, especially those who are keen to embrace the PRME principles and put sustainability at the heart of their operations.The Guide will be launched at the 2013 PRME Summit – 5th Annual Assembly, hosted by CEEMAN in Bled, Slovenia on 25–26 September, and offered for sale in print and eBook for the first time by Greenleaf Publishing.The first edition of the Inspirational Guide for the Implementation of PRME was presented at the UN Conference on Sustainable Development: Rio+20 Earth Summit in June 2012.Across the PRME community, different concepts are used; most frequently are corporate (social) responsibility, responsible leadership, and sustainable value for business and society.
Inspirational Guide for the Implementation of PRME: Placing Sustainability at the Heart of Management Education (The Principles for Responsible Management Education Series #3)
by PrmeSince the inception of the United Nations Global Compact-sponsored initiative Principles for Responsible Management Education (PRME) in 2007, there has been increased debate over how to adapt management education to best meet the demands of the 21st-century business environment. While consensus has been reached by the majority of globally focused management education institutions that sustainability must be incorporated into management education curricula, the relevant question is no longer _why_ management education should change, but _how_. Although the PRME initiative is set to increase to 1,000 signatories by 2015, it is equally important for PRME to cultivate actively engaged participants. Therefore, the next step is for current participants to transition from a global learning community to an action community. For this purpose, the PRME Secretariat invited a small group of experts to coordinate an Inspirational Guide for the Implementation of PRME which was presented at the 3rd Global Forum for Responsible Management Education, the official platform for management-related Higher Education Institutions (HEIs) at both the Global Compact Rio+20 Corporate Sustainability Forum and the UN Conference on Sustainable Development – Rio+20 – in June 2012 in Rio de Janeiro. The Guide answers the most frequently asked questions concerning the implementation of PRME by highlighting real-world examples from the most engaged signatories. The exercise has proven successful, and this publication features 63 case stories from 47 institutions, representing 25 countries across Asia, Oceania, the Americas, Europe, the Middle East and Africa. They are the real actors in this effort, and their stories are truly inspirational. Their experiences are classified into six sections, which address the Six Principles of PRME (Purpose, Values, Method, Research, Partnership, and Dialogue) as well as important related aspects, such as how to get started, how to successfully report on PRME adoption, and so on. The full richness of experiences set forth in this Guide is captured only by reading the wealth of innovative practices found in each case.
Inspire Responsibly: The Interplay between Aspirational Talk and Corporate Responsibility (Schriftenreihe der HHL Leipzig Graduate School of Management)
by Marie SchwimmerAspirational talk has gained increasing research attention as a compelling concept theoretically explaining the potential of talk-action discrepancies in corporate responsibility communication to instigate organizational change. Under certain conditions, aspirational talk can facilitate discourse, agreement, reframing, and corporate reflexivity. However, perceived talk-action discrepancies can negatively affect organizational members, leading to disengagement, and demotivation, causing emotional exhaustion, exposing employees to vulnerabilities, and even catalyzing unethical or illicit behaviors. Thus, this book focuses on how aspirational talk becomes irresponsible in an organizational context, and how it can be avoided. The author proposes that aspirational talk becomes irresponsible if it creates expectations that lead to illegitimate harm to employees or involved stakeholders. A framework is derived, constituting the finding that it takes two types of investments into performativity and responsibility conditions, to avoid the irresponsible use of aspirational talk – and thus, to inspire responsibly.
Instinct Combat Shooting: Defensive Handgunning for Police, Fourth Edition
by Chuck KleinWhile much has been written about instinct shooting with long guns, very little had been published on doing so with a handgun until this publication. Written by a pioneering author of the concept, Instinct Combat Shooting: Defensive Handgunning for Police, now in its fourth edition, is not about winning target shooting competitions, but purports surviving real-life firefights by examining testimonies of shootout survivors and carefully analyzing firefights that prove shooting instinctively is not only crucially fast, but also equally accurate. The book defines instinctive combat shooting as: "The act of operating a handgun by focusing on the target, as opposed to the sights, and instinctively coordinating the hand and mind to cause the handgun to discharge at a time and point that ensures interception of the projectile with the target." The concepts behind instinct combat shooting discussed in this book are now being integrated into some of the most progressive police academies in the United States and around the world. New chapters provide valuable material dispelling myths on indexing, laser sights, and other trick-shooting methods. Intended to help officers survive close-quarter combat conditions, Instinct Combat Shooting is an essential tool for police looking to improve their close-range shooting skills and enhance their firefight survival.
Institutional Activism in Corporate Governance: Qualified Foreign Institutional Investors in China
by Wenge WangUsing both qualitative and quantitative methods, this book examines whether qualified foreign institutional investors (QFIIs), through their shareholder activism, have a meaningful positive impact on the corporate governance of firms listed on the mainland Chinese stock market. Capital flows into and out of China are still subject to tight controls, and the QFII scheme is one important avenue through which QFIIs can become invested in the Chinese stock market. This book is an invaluable resource for anyone interested in learning about ways to invest in one of the world’s largest economies. Wang discusses in depth what specific opportunities, challenges and restrictions to expect in the process, and how investing in China differs from investing in countries with a more open capital account.
Institutional Bypasses: A Strategy to Promote Reforms for Development
by Michael J. Trebilcock Mariana Mota PradoInstitutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the academic literature, the concept captures practices already being used in developing countries. In this illuminating book, Mariana Mota Prado and Michael J. Trebilcock explore the strengths and limits of this strategy with detailed case studies, showing how citizen preferences provide a benchmark against which future reform initiatives can be evaluated, and in this way change the dynamics of the reform process. While not a 'silver bullet' to the challenge of institutional reform, institutional bypasses add to the portfolio of strategies to promote development. This work should be read by development researchers, scholars, policymakers, and anyone else seeking options on how to promote change and implement reforms in developing countries around the world.
Institutional Competition between Common Law and Civil Law
by Michèle Schmiegelow Henrik SchmiegelowThis book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Institutional Constructivism in Social Sciences and Law: Frames of Mind, Patterns of Change
by Dora KostakopoulouThis book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.
Institutional Crisis in 21st-Century Britain
by Martin Smith David Richards Colin HayIn 21st century Britain, a 'perfect storm' seems to have engulfed many of its institutions. This book is the first wholesale consideration of the crisis of legitimacy that has taken root in Britain's key institutions and explores the crisis across them to determine if a set of shared underlying pathologies exist to create this collective crisis.
Institutional Failures: Duke Lacrosse, Universities, the News Media, and the Legal System
by Howard M. WassermanThe authors of this new collection argue that the many features of the now-infamous Duke University men’s lacrosse controversy are best understood in the context of the three major socio-legal institutions in which the drama played out. The legal system, Duke University, and the news media all struggled to respond to and handle the case, tinged as the events were with race, sex, violence, class, privilege, and notions and perceptions about sports. The problems, missteps, mistakes, and injustice in the case resulted from each institution's failure to operate properly, from the incentives built into each institution that affected individual behavior, and from the inability of each institution to communicate and cooperate with the others. To understand the Duke lacrosse controversy is to study these institutions and to answer questions about the performance of each-to learn what each did right and wrong and why, and to consider how each can improve in the future. By examining the actions of these institutions and the individuals within them, these essays consider the role each played in the case, how each contributed to the crisis and to its resolution, the ways in which they interacted with one another, and the lessons this case teaches about the appropriate functioning of each institution.
Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries
by Benito ArrunadaGovernments and development agencies spend considerable resources building property and company registries to protect property rights. When these efforts succeed, owners feel secure enough to invest in their property and banks are able use it as collateral for credit. Similarly, firms prosper when entrepreneurs can transform their firms into legal entities and thus contract more safely. Unfortunately, developing registries is harder than it may seem to observers, especially in developed countries, where registries are often taken for granted. As a result, policies in this area usually disappoint. aBenito Arruada aims to avoid such failures by deepening our understanding of both the value of registries and the organizational requirements for constructing them. Presenting a theory of how registries strengthen property rights and reduce transaction costs, he analyzes the major trade-offs and proposes principles for successfully building registries in countries at different stages of development. Arruada focuses on land and company registries, explaining the difficulties they face, including current challenges like the subprime mortgage crisis in the United States and the dubious efforts made in developing countries toward universal land titling. Broadening the account, he extends his analytical framework to other registries, including intellectual property and organized exchanges of financial derivatives. With its nuanced presentation of the theoretical and practical implications, "Institutional Foundations of Impersonal Exchange" significantly expands our understanding of how public registries facilitate economic growth. "
Institutional Leases in the 21st Century
by Chris Edwards Paul KrendelSince the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century.The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.
Institutional Legacies, Decision Frames and Political Violence in Rwanda and Burundi (African Governance)
by Stacey MitchellRwanda and Burundi are strikingly similar countries that underwent democratization in the early 1990s. In both, resistance to democratic reforms led to coups d’état and presidential assassinations. A conundrum arises in terms of what transpires next. In Rwanda, total genocide was perpetrated by extremist Hutu actors, including government officials, upon the country’s Tutsi and politically moderate Hutu populations. In Burundi the coup d’état failed and instead ushered in a lengthy period of civil war. This divergence in outcome is puzzling given the similarity of these two countries, and it is not adequately explained by studies that address collective violence in each. This book utilizes an integrative approach that facilitates the formation of an explanation that more fully accounts for variation in the type of collective violence that occurred in Rwanda and Burundi. Showing that political actors – during periods of major institutional change – do not all respond to or perceive reform in the exact same manner or in a necessarily rational manner, this book makes an important contribution to the literature on ethnic conflict, collective violence and democratization in Africa.
Institutional Structure of Financial Regulation: Theories and International Experiences (Routledge Research in Finance and Banking Law)
by Dirk Schoenmaker Robin Hui HuangIn light of on-going global financial crises, the institutional structure of financial regulation is currently a subject of significant academic and practical interest. The financial crisis has called into question the adequacy of financial regulation at the national and supranational levels, and has instigated financial regulatory reforms in major markets overseas. This has included the enactment of the Dodd-Frank Act in the US, and the programme to split the Financial Services Authority in the UK. This book examines the institutional structure reform of financial regulation from a comparative perspective, exploring both fundamental theories and international experiences. The book explores the three main institutional structures of financial regulation in the world; the sectors-based model, adopted in the US, Mainland China and Hong Kong; the twin-peaks model with Australia and the Netherlands as its pioneers; and the single-regulator model as represented by the former Financial Services Authority in the UK and the Financial Services Agency in Japan. The book contains contributions from renowned experts in the field of financial regulation including Douglas Arner, Jeffrey Carmichael, Robin Hui Huang, Dirk Schoenmaker, and Michael Taylor, and will be of interest to students and researchers of banking and finance law, and comparative economics.