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Merchants of Legalism: A History of State Responsibility (1870–1960) (Cambridge Studies in International and Comparative Law)
by Alan Tzvika NisselSince the United Nations finalised its Draft Articles on the Responsibility of States for Internationally Wrongful Acts in 2001, most of the attention has been on the codification history of the topic. Alan Nissel widens the historic lens to include the pre-United Nations origins, offering the first extensive study on the American contribution to the modern law of state responsibility. The book examines the recurring narrative of lawyers using international law to suit the particular needs of their clients in three key contexts: the US turn to international arbitration practice in the New World, the German theorisation of public law in the setting of its national unification, and the multilateral effort to codify international law within world bodies. This expanded historical framework not only traces the pre-institutional origins of the code, but also highlights the duality of State responsibility doctrines and the political environments from which they emerged.
Mercies In Disguise: A Story of Hope, A Family's Genetic Destiny, and the Science That Rescued Them
by Gina KolataIf your family carried a mutated gene that foretold brutal illness and you could find out if you inherited it, would you do it? Would you confront it, accepting whatever the answer was? Or ignore it while you could? In Mercies in Disguise, acclaimed New York Times reporter and best-selling author Gina Kolata tells the story of the Baxleys, an upstanding family in small-town South Carolina. Some family members were doctors; still, they are baffled by an inscrutable illness. Finally, after a remarkable sequence of providential events, they discover the cause of the disease. Science, meanwhile, progressing for fifty years along a parallel track, handed the Baxleys not a cure but the answer to a question--a blood test that would reveal who had the gene for the disease--and a dilemma: fertility specialists had created a way to spare the children. Mercies in Disguise tells the story of a family who took matters into their own hands when medicine could not help. It's a story of a family who must deal with unspeakable tragedy without being driven apart. And it's the story of a young woman--Amanda Baxley--who faced the future, determined to find a way to disrupt her destiny. GINA KOLATA is a writer and medical reporter for The New York Times. She has previously written five books and edited three collections of popular science writing. Ms. Kolata lives with her husband in Princeton, New Jersey.
Merciful Judgments and Contemporary Society
by Austin SaratMerciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities
by Austin SaratMerciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
Merciless
by Mary BurtonNo Pity Each skeleton is flawless--gleaming white and perfectly preserved, a testament to his skill. Every scrap of flesh has been removed to reveal the glistening bone beneath. And the collection is growing. . . No Compassion. When bleached human bones are identified as belonging to a former patient of Dr. James Dixon, Detective Malcolm Kier suspects the worst. Dixon was recently acquitted of attempted murder, thanks to defense attorney Angie Carlson. But as the body count rises, Kier is convinced that Angie is now the target of a brutal, brilliant psychopath. No Escape Angie is no stranger to the dark side of human nature. But nothing has prepared her for the decades-long legacy of madness and murder about to be revealed--or a killer ready to claim her as his ultimate trophy. . .
Mercy
by Jodi PicoultTHE INTERNATIONALLY BESTSELLING AUTHOR'We defy you not to be gripped' GlamourAs police chief of a small town, Cameron McDonald makes the toughest arrest of his life when his own cousin Jamie comes to him and confesses outright that he has killed his terminally ill wife. But was it murder, or mercy?It's a question that will divide the town as a heated murder trial blazes on, forcing them to face the hardest questions of the heart: when does love cross the line of moral obligation? And what does it mean to truly love another?THE BOOK OF TWO WAYS, Jodi's stunning new novel about life, death and missed opportunities is available to pre-order now.
Mercy
by Jodi PicoultExploring highly charged emotional and ethical issues, MERCY is the thought-provoking novel from New York Times bestselling author Jodi Picoult.There is no doubt that Jamie Macdonald killed his wife. But was it murder, or mercy?The case divides the small town of Wheelock. For Police Chief Cameron Macdonald, there's no question that he should be tried and face life imprisonment for Murder One.But Jamie's victim was dying of cancer. He claims she asked for his help to die. And there are those who believe he has suffered enough . . .(P)2006 Hodder & Stoughton Audiobooks
Mercy For Animals: One Man's Quest to Inspire Compassion and Improve the Lives of Farm Animals
by Gene Stone Nathan RunkleA compelling look at animal welfare and factory farming in the United States from Mercy For Animals, the leading international force in preventing cruelty to farmed animals and promoting compassionate food choices and policies. Nathan Runkle would have been a fifth-generation farmer in his small midwestern town. Instead, he founded our nation’s leading nonprofit organization for protecting factory farmed animals. In Mercy For Animals, Nathan brings us into the trenches of his organization’s work; from MFA’s early days in grassroots activism, to dangerous and dramatic experiences doing undercover investigations, to the organization’s current large-scale efforts at making sweeping legislative change to protect factory farmed animals and encourage compassionate food choices.But this isn’t just Nathan’s story. Mercy For Animals examines how our country moved from a network of small, local farms with more than 50 percent of Americans involved in agriculture to a massive coast-to-coast industrial complex controlled by a mere 1 percent of our population—and the consequences of this drastic change on animals as well as our global and local environments. We also learn how MFA strives to protect farmed animals in behind-the-scenes negotiations with companies like Nestlé and other brand names—conglomerates whose policy changes can save countless lives and strengthen our planet. Alongside this unflinching snapshot of our current food system, readers are also offered hope and solutions—big and small—for ending mistreatment of factory farmed animals. From simple diet modifications to a clear explanation of how to contact corporations and legislators efficiently, Mercy For Animals proves that you don’t have to be a hardcore vegan or an animal-rights activist to make a powerful difference in the lives of animals.
Mercy on Trial: What It Means to Stop an Execution
by Austin SaratOn January 11, 2003, Illinois Governor George Ryan--a Republican on record as saying that "some crimes are so horrendous . . . that society has a right to demand the ultimate penalty"--commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy. Starting from Ryan's controversial decision, Mercy on Trial uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness," it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy--but, he argues, those risks are worth taking.
Merger Control Worldwide
by Maher M. Dabbah K. P. E. Lasok QCMerger Control Worldwide is a comprehensive, multi-contributor collection which sets out the details of every jurisdiction where a mechanism for merger control is in place. A concise, practical account is given of the relevant law in each jurisdiction, presented with the aid of flowcharts and diagrams. Merger Control Worldwide aims to provide the legal community, in particular law firms and policy-makers, with a clear point of reference that will prove invaluable when making decisions and delivering sound and accurate advice in merger cases. This, the first supplement to Merger Control Worldwide, provides an update on developments that have occurred recently in the field. It includes a comprehensive appraisal of two new jurisdictions, Korea and Mexico.
Merger Control in Europe: The Gap in the ECMR and National Merger Legislations (Routledge Research in Competition Law)
by Ioannis KokkorisThis book addresses the phenomenon of mergers that may result in non-coordinated effects in oligopolistic markets. Such cases are sometimes referred to as "non-collusive oligopolies", or "gap cases" and there is a concern that they might not be covered by the substantive test that some Member States use for merger assessment. Ioannis Kokkoris examines the argument that the European Community Merger Regulation (Regulation 4064/89) did not capture gap cases and considers the extent to which the revised substantive test in Regulation 139/2004 deals with the problem of non-collusive oligopolies. The author identifies actual examples of mergers that gave rise to a problem of non-coordinated effects in oligopolistic markets, both in the EU and in other jurisdictions, and analyses the way in which these cases were dealt with in practice. The book considers legal systems such as United Kingdom, United States, Australia and New Zealand. The book investigates whether there is any difference in the assessment of non-collusive oligopolies between the various substantive tests which have been adopted for merger assessment in various jurisdictions. The book also looks at the various methodological tools available to assist competition authorities and the professional advisers of merging firms to identify whether a particular merger might give rise to anticompetitive effects and explores the type of market structure in which a merger is likely to lead to non-coordinated effects in oligopolistic markets.
Merger Control in Post-Communist Countries: EC Merger Regulation in Small Market Economies (Routledge Research in Competition Law)
by Jurgita MalinauskaiteThis book provides a critical analysis of merger control regimes in the former socialist countries with small market economies, looking at the unique challenges facing these economies. Questions will be asked as to what extent these countries have had to follow dictation from the EU and whether this implementation of EU merger control rules has been justified from the point of view of these countries' economic situations. The book will analyse the merger control regimes in Estonia, Latvia and Lithuania, Slovenia and Slovakia. However, reference will be made to other small market economies of the EU including Cyprus, Ireland, Luxembourg and Malta in order to evaluate the particular difficulties the former socialist countries with small market economies have had in the implementation and further development of merger control rules.
Mergers & Acquisitions For Dummies
by Bill R. SnowExplore M&As, in simple terms Mergers & Acquisitions For Dummies gives you useful techniques and real-world advice for making these business transactions a success, going beyond case studies to include international laws and regulations, environmental issues, and—most importantly—practical instructions you can really use. In plain English terms that anyone can understand, this book discusses the entire M&A process, including different types of transactions and structures, raising funds, partnering, identifying targets, business valuation, doing due diligence, closing the purchase agreement, and integrating new employees and new ways of doing business. If you’re getting involved in a merger with, or acquisition of, another company, read this book to gain a thorough understanding of what the heck is going on. Updated with deep dives into valuations, environmental issues, negotiating tips, and beyond. Walk through the merger and acquisition process in practical terms Learn the requirements and best practices you’ll need to follow Hire the people who will help you through any M&A scenario Conduct win-win negotiations and get the most out of M&AsMergers & Acquisitions For Dummies is a great choice for business owners and investors who need more information on the process and steps involved in successful M&A transactions.
Mergers & Acquisitions: Strategien, Abläufe und Begriffe im Unternehmenskauf (essentials)
by Clemens EngelhardtDas essential vermittelt den typischen Ablauf von M&A-Transaktionen aus K#65533;ufer- und Verk#65533;ufersicht. Neben der Darstellung der einzelnen Prozessschritte und praktischen Herausforderungen von der Due Diligence bis hin zu Signing und Closing erl#65533;utert der Autor auch die #65533;blichen Verhandlungsstrategien und Motive der Beteiligten eines Unternehmenskaufs. Rechtliche Aspekte der erforderlichen Dokumente (NDA, LOI, Due Diligence Report, Kaufvertrag) werden dabei ebenso beleuchtet wie organisatorische Themen, beispielsweise die Post-Merger-Integration. Der Leser erh#65533;lt zus#65533;tzlich hilfreiche gesellschaftsrechtliche und arbeitsrechtliche Einblicke. Das essential enth#65533;lt zahlreiche Musterformulierungen sowie eine ausf#65533;hrliche Checkliste zur Legal Due Diligence.
Mergers & Acquisitions: Strategien, Abläufe und Begriffe im Unternehmenskauf (essentials)
by Clemens EngelhardtDas essential vermittelt den typischen Ablauf von M&A-Transaktionen aus Käufer- und Verkäufersicht. Neben der Darstellung der einzelnen Prozessschritte und praktischen Herausforderungen von der Due Diligence bis hin zu Signing und Closing erläutert der Autor auch die üblichen Verhandlungsstrategien und Motive der Beteiligten eines Unternehmenskaufs. Rechtliche Aspekte der erforderlichen Dokumente (NDA, LOI, Due Diligence Report, Kaufvertrag) werden dabei ebenso beleuchtet wie organisatorische Themen, beispielsweise die Post-Merger-Integration. Der Leser erhält zusätzlich hilfreiche gesellschaftsrechtliche und arbeitsrechtliche Einblicke. Das essential enthält zahlreiche Musterformulierungen sowie eine ausführliche Checkliste zur Legal Due Diligence.
Mergers and Acquisitions from A to Z: Strategic And Practical Guidance For Small- And Middle-market Buyers And Sellers
by Thomas NelsonWalks you through every step of the process—from valuation to securities laws to closing and successful integration.When done correctly and cautiously, your company's next merger or acquisition should be an exciting, profitable time. But these complex transactions carry significant risk, no matter how simple or appealing they may look on the outside.Complete with expert advice, case studies, checklists, and sample documents, this fully updated edition of Mergers and Acquisitions from A to Z is your complete guide to help you be prepared and take steps to eliminate rivals, extend territory, and diversify offerings.It includes:The latest trends and regulatory developments.Best practices for structuring profitable deals.Effective ways to raise the capital needed to get deals done.Roles and risks for boards of directors in M&A.Guidelines for keeping deals on track and managing post-closing challenges.Valuable tools, checklists, and sample forms. It is absolutely vital for all involved in the deal to make sure they are guarding themselves against costly mistakes that have been the downfall for many leaders and organizations before them. The fourth edition of Mergers and Acquisitions from A to Z further explains how to conduct due diligence, calculate the purchase price, understand the roles and risks for boards, and more. Don't make another deal without this trusted resource and its strategic and legal guidance by your side.
Mergers and Acquisitions: A Step-by-Step Legal and Practical Guide +Website
by Edwin L. Miller Jr. Lewis N. SegallThe legal, financial, and business primer to the M&A process Mergers and Acquisitions offers accessible step-by-step guidance through the M&A process to provide the legal and financial background required to navigate these deals successfully. From the initial engagement letter to the final acquisition agreement, this book delves into the mechanics of the process from beginning to end, favoring practical advice and actionable steps over theoretical concepts. Coverage includes deal structure, corporate structuring considerations, tax issues, public companies, leveraged buyouts, troubled businesses and more, with a uniquely solution-oriented approach to the M&A process. This updated second edition features new discussion on cross-border transactions and "pseudo" M&A deals, and the companion websites provides checklists and sample forms to facilitate organization and follow-through. Mergers and acquisitions are complex, and problems can present themselves at each stage of the process; even if the deal doesn't fall through, you may still come out with less than you bargained for. This book is a multi-disciplinary primer for anyone navigating an M&A, providing the legal, financial, and business advice that helps you swing the deal your way. Understand the legal mechanics of an M&A deal Navigate the process with step-by-step guidance Compare M&A structures, and the rationale behind each Solve common issues and avoid transactional missteps Do you know what action to take when you receive an engagement letter, confidentiality agreement, or letter of intent? Do you know when to get the banker involved, and how? Simply assuming the everything will work out well guarantees that it will—for the other side. Don't leave your M&A to chance; get the information and tools you need to get it done right. Mergers and Acquisitions guides you through the process step-by-step with expert insight and real-world advice.
Mergers and Acquisitions: The Critical Role of Stakeholders (Routledge Advances in Management and Business Studies #52)
by Virpi Havila Fredrik Nilsson Helén AndersonA merger or acquisition is usually a challenging endeavor with a single ultimate aim: to create value for the owner. However, stakeholder theory shows how such a narrow and one-sided focus is detrimental to value-creation in general – not only for other stakeholders within and outside the organization, but also for the owner. Especially in a merger or an acquisition, it is evident that there are many groups and individuals who have a stake in the success or failure of a business. So far, the overwhelming majority of research in the field of mergers and acquisitions has focused on the merging organizations, and so researchers have mainly studied internal stakeholder groups, such as employees and managers. This book shows how different stakeholders, internal and external, may play a critical role during a merger or an acquisition process. The book builds on empirical examples that illustrate how various stakeholders play active roles throughout the different phases, and, thus, ultimately affect the outcome and the value formation process of the merger or the acquisition. There is still much debate on how and when to best measure the outcome of a merger or an acquisition. With its comprehensive focus on stakeholders, this volume explores why some mergers and acquisitions fail while others succeed.
Mergers and Acquisitions: The Pharmaceutical and Biotechnology Industries (Routledge Studies in International Business and the World Economy)
by Mark Thomas Janna L. RoseCovid-19 has brought so much uncertainty, but one certainty is that the vaccine race will generate winners and losers in the pharmaceutical and biotechnology industries. This will have a major impact on merger and acquisition activity. While the plethora of merger and acquisition deals are abundantly reported by the news media, there is a clear lack of in-depth analysis on the multiple rationales and various challenges in the life sciences industry. By offering contributions from a variety of experts in the biotechnology and pharmaceutical industries, as well as experts on mergers and acquisitions, this edited collection will draw upon the knowledge of a variety of different actors within the fields of pharma and biotech. This book offers a timely exploration of the complexities of mergers and acquisitions in the pharmaceutical and biotechnology industries while seeking to bridge the gap between theory and practice. It presents a critical analysis of the rationale for acquisitions and studies the challenges of ensuring a successful deal. In the light of the Covid-19 pandemic, it will also explore the impact this may have on the industry, which may further stimulate merger and acquisition activity. It will be of interest to researchers, academics, policymakers, and students in the fields of strategy, management, governance, and the biotechnology and pharmaceutical industries.
Mergers and Acquisitions: Volume III (The Library of Essays on Antitrust and Competition Law)
by Jonathan GallowayMergers and acquisitions occur for many legitimate reasons and should be encouraged as a matter of general policy, yet the resulting increase in the level of market concentration and market strength can lead to concerns that certain ’deals’ may irreparably damage the market structure and create anti-competitive effects. This volume explores the competition concerns arising out of mergers and acquisitions, the reasons for merger control and the fundamental options that face all jurisdictions intent on implementing an effective merger control regime. The volume acts as a guide through the development of merger control law, policy and scholarly thought and includes commentary on each of the key stages of any effective merger control regime. The articles consider the objectives of merger control and the broader political landscape within which mergers take place; the procedural issues in merger control, including jurisdictional matters and due process; the different substantive legal standards incorporated into merger control; the relevant theories of harm and the appropriate treatment of efficiencies; and the use of remedies in merger control. The chosen articles mainly, but not exclusively, focus on the US and EU, and several adopt a cross-disciplinary approach encompassing law, political science and economics.
Mergers in the Global Markets: A Comparative Approach to the Competition and National Security Laws among the US, EU, and China
by Felix I. LessamboInternational mergers and acquisitions play a vital role behind the growth of a company. This book explores the hurdles involved and how to navigate through the review processes set up by national regulatory agencies such as the US Committee on Foreign Investment (CFIUS), the EU Commission, and the Anti-Monopoly Bureau of State Administration of Market Regulation of China (AMB). This book is unique and showcases how to anticipate, develop, and implement successful strategies to support mergers and acquisitions activities, particularly of interest to finance and law students, researchers, and academics.
Mergers, Acquisitions and International Financial Regulation: Analysing Special Purpose Acquisition Companies (Routledge International Studies in Money and Banking)
by Daniele D'AlviaThis is a much-needed work in the financial literature, and it is the first book ever to analyse the use of Special Purpose Acquisition Companies (SPACs) from a theoretical and practical perspective. By the end of 2020, more than 240 SPACs listed in the U.S. (on NASDAQ or the NYSE), raising a record $83 billion. The SPAC craze has been shaking the U.S. for months, mainly because of its simplicity: a bunch of investors decides to buy shares at a fixed price in a company that initially has no assets. In this way, a SPAC, also known as a "blank check company", is created as an empty shell with lots of money to spend on a corporate shopping spree. Could the trend be here to stay? Are SPACs the new legitimate path to traditional IPO? This book tackles those questions and more. The author provides a thorough analysis of SPACs including their legal framework and how they are used as a risk mitigation tool to structure transactions. The main objectives of the book are focused on finding a working definition for SPACs and theorising on their origins, definition, and evolution; identifying the objectives of financial regulation within the context of the recent financial crisis (2007-2010) and the one that is currently unfolding (Covid-19); and also describing practical examples of SPACs through a comparative study that, for the first time, outlines every major capital market on which SPACs are listed, in order to identify a possible international standard of regulation. The book is relevant to academics as well as policymakers, international financial regulators, corporate finance lawyers as well as to the financial industry tout court.
Merkin and Flannery on the Arbitration Act 1996 (Lloyd's Arbitration Law Library)
by Robert Merkin Louis FlanneryThis book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions. Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules.
Merrills' International Dispute Settlement
by Eric De Brabandere John MerrillsThe fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor–state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.
Message in a Bottle: The Making of Fetal Alcohol Syndrome
by Janet GoldenA generation has passed since a physician first noticed that women who drank heavily while pregnant gave birth to underweight infants with disturbing tell-tale characteristics. Women whose own mothers enjoyed martinis while pregnant now lost sleep over a bowl of rum raisin ice cream. In Message in a Bottle, Janet Golden charts the course of Fetal Alcohol Syndrome (FAS) through the courts, media, medical establishment, and public imagination. Long considered harmless during pregnancy (doctors even administered it intravenously during labor), alcohol, when consumed by pregnant women, increasingly appeared to be a potent teratogen and a pressing public health concern. Some clinicians recommended that women simply moderate alcohol consumption; others, however, claimed that there was no demonstrably safe level for a developing fetus, and called for complete abstinence. Even as the diagnosis gained acceptance and labels appeared on alcoholic beverages warning pregnant women of the danger, FAS began to be de-medicalized in some settings. More and more, FAS emerged in court cases as a viable defense for people charged with serious, even capital, crimes and their claims were rejected. Golden argues that the reaction to FAS was shaped by the struggle over women's relatively new abortion rights and the escalating media frenzy over "crack" babies. It was increasingly used as evidence of the moral decay found within marginalized communities--from inner-city neighborhoods to Indian reservations. With each reframing, FAS became a currency traded by politicians and political commentators, lawyers, public health professionals, and advocates for underrepresented minorities, each pursuing separate aims.