Aspen Publishers, Inc.
403(b) answer book, 7th ed.
Editors and attorneys Levy, Seymon-Hirsch, and Anderson-Briggs, and 21 contributors offer an updated seventh edition that explores the complete range of Section 403(b) plans, 4457 plans, 501©(3) organizations, and church plans. The book provides current and extensive information for pension professionals, attorneys, accountants, financial planners, employers, and others in related fields. Topics include current Code Section 403(b) regulations, coverage of maximum contribution and other discrimination rules, multiple funding alternatives, reporting and other Internal Revenue Service and Department of Labor requirements, and prohibited transactions and exemptions. Clearly written chapters include introductions and are written in a question and answer format. (Annotation ©2009 Book News Inc. Portland, OR)
The ABCs of debt; a case study approach to debtor/creditor relations and bankruptcy law. (CD-ROM included)
This legal textbook on debtor-credit relations and bankruptcy law has been designed for paralegals who wish to become more proficient on subjects such as basic bankruptcy procedures, debt creation, secured transactions, debt collection and liens. Parsons (legal studies and business, Walters State College) uses real case excerpts and legal summaries to illustrate modern debt creation, collection and discharge/reorganization, with clear tutorials on Chapter 7, 11 and 13 laws. A CD-ROM is included that supplies the forms necessary to examine the case studies. (Annotation ©2009 Book News Inc. Portland, OR)
American private international law.
Written for readers outside of the country who already have a general familiarity with private international law methodology, concepts, and norms, this text by Symeonides (law, Willamette U.) introduces the particulars of the subject in regards to the United States — two of those particulars being the fact that "private international law" is generally referred to as "conflict of laws" in the United States and the fact that, in contrast to much of the outside world, it is de facto and primarily state rather than national law. Following the introduction, chapters cover jurisdiction, federalism and choice of law, the traditional choice-of-law system, the structure and operation of the choice-of-law syllogism, the choice-of-law revolution, torts and products liability, contracts, status and domestic relations, statutes of limitation, conflicts between federal law and foreign law, and recognition and enforcement of foreign judgments by other states and foreign countries. Symeonides compensates for the brevity of the treatment by incorporating reference footnotes into the body of the text. (Annotation ©2009 Book News Inc. Portland, OR)
Challenges to multilateral trade; the impact of bilateral, preferential, and regional agreements.
In 14 papers from the Free Trade Agreements conference at Bond University (no date noted), contributors identified only by name examine some of the partial steps that interfere with the vision of absolutely frictionless world trade. Their topics include applying game theory to trade liberalization strategy, the Australia-US free trade agreement, the legitimacy and purpose of intellectual property chapters in free trade agreements, and preferential trade and cultural products. Distributed in the Americas by Aspen Publishers. (Annotation ©2009 Book News Inc. Portland, OR)
Chinese company and securities law; investment vehicles, mergers and acquistions, and corporate finance in China.
Written by a lawyer working in foreign investment law at a Chinese law firm, this volume provides systematic practical guidance on the complex rules and procedures affecting investments, mergers and acquisitions, and corporate finance in China. Chapters cover common vehicles of foreign investment, the foreign invested holding company, the foreign invested company limited by shares, the foreign invested limited liability partnership, acquisition of domestic enterprises in general, acquisition of a particular structure via special purpose vehicle or share swap, acquisition of state-owned enterprises, equity transfer and pledge in existing foreign invested enterprises, acquisition (domestic re-investment) by existing foreign invested enterprises, merger between foreign invested enterprises or with foreign invested enterprises, merger controls under competition law, takeover of listed companies in general, strategic investment in listed companies, investment via qualified foreign institutional investors, transfer of state-owned shares in a listed company, disclosure in the takeover, substantial assets restructuring of a listed company, initial public offering and listing, follow-on shares offering by a listed company, corporate bonds available to a listed company, and corporate governance and internal controls of listed companies. Each chapter begins with a discussion of recent regulatory developments, largely following from the enactment of the new Company Law and Securities Law of October 2005, and concludes with a list of the key laws and regulations relevant to the subject at hand. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
Competition problems in liberalized telecommunications; regulatory solutions to promote effective competition.
Author Stoyanova offers a thorough examination of competition law in Europe's telecommunications industry. The author contends that while regulation is intended to benefit social welfare and an efficient allocation of resources, past experience demonstrates that regulation can be severely flawed. The author also argues that inappropriately designed sector-specific remedies and regulatory delays in the introduction of new telecommunications services can impede market development and effective competition, causing further welfare losses. Topics in this wide-ranging work include a historical overview, safeguards against over-regulation, relevance of the essential facility doctrine as a remedy of anti-competitive unilateral refusal of access, prevention of competition through anti- competitive pricing, and challenges facing regulation and competition law enforcement in Bulgaria's electronic communications sector. The text contains extensive footnotes, and a list of commonly used acronyms is included. (Annotation ©2009 Book News Inc. Portland, OR)
Concise international and European IP law; TRIPS, Paris Convention, European enforcement and transfer of technology.
TRIPS is introduced by Cottier (World Trade Institute; European and international economics law, Bern, Switzerland) and Véron (an attorney, Paris) as a World Trade Organization agreement (signed on 15 April 1994) that expounds basic rules, principles, and standards — being harmonized across nations — in the fields of intellectual property (IP) rights protection. The provisions of TRIPS, the Paris Convention for the Protection of International Property of 20 March 1983, and other key instruments of international and European Community law covering IP and technology transfer are included and discussed. The compact-sized volume includes lists of relevant websites; treaties, legislation, and other documents; and cases and advisory opinions. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
Criminal procedure; laying down the law.
Each chapter of this book intended to supplement larger texts in criminal procedure addresses a single constitutional provision relevant to the field. Ten are discussed in all, organized by their application to the pre-trial, trial, or post-trial process. Those provisions are: unreasonable searches and seizures, the warrant requirement and exceptions, self-incrimination, identification of a suspect, double jeopardy, due process, assistance of counsel, speedy trial, jury trial, confrontation, cruel and unusual punishment, and sentencing and appeals. Each chapter contains an introduction to the provision, excerpts and analysis of related Supreme Court cases, a hypothetical with analysis from the author, a second hypothetical with analysis questions for the student, and discussion questions. A review test concludes each chapter. (Annotation ©2009 Book News Inc. Portland, OR)
Cross-border provision of air navigation services with specific reference to Europe; safeguarding transparent lines of responsibility and liability.
Although technology is improving in Europe's tightly packed airspace, jurisdictional issues continue, especially in cases of mid-air collisions. Lawyer, consultant and academic van Antwerpen introduces the international legal framework related to such tragedies, including the involvement of aspects of international air law (such as sovereignty, jurisdiction and delegation of national competencies) and the responsibilities of the International Civil Aviation Organization(ICAO). He describes how European organizations such as the ICAO and the European Civil Aviation Conference became involved in both enforcement and regulation, and explains the responsibilities of cross-border provisions of air navigation services, describing the role of provider organizations in regulation and administration of laws relating to mid-air collision. He closes with a proposal for air navigation plans and multilateral vehicles for further model agreements in European and other regions. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
Dispute resolution; examples and explanations.
For law students in all specialties, Moffit (law, U. of Oregon) and Schneider (law, Marquette U.) provide an overview of dispute resolution in a format that describes concepts and provides examples and explanations to questions. They cover the Federal Arbitration Act, federal preemption, contractual challenges to arbitration, and federal policy favoring arbitration; the Uniform Mediation Act and state confidentiality laws; related legal ethics; court-mandated dispute resolution; the economics of deal structures and the decision analytic approach; and the three primary resolution processes. (Annotation ©2009 Book News Inc. Portland, OR)
E-Z rules for negotiable instruments (UCC articles 3 and 4); with other selected UCC provisions.
This supplement for American law students provides condensed coverage in outlines and definitions of the rules and statutes found in the Uniform Commercial Code's Article 3 (dealing with negotiable instruments) and Article 4 (dealing with bank collections), intended as a study supplement to complete textbooks. The text is divided into two sections, the first providing a "roadmap" outline of the articles and the second expounding on specific statutes and definitions. Topics addressed include: applicability of Article 3, characteristics of a negotiable instrument, negotiation and endorsement, holder in due course, defenses, liability and warranty, checks and banking, documents of title and letters of credit. (Annotation ©2009 Book News Inc. Portland, OR)
Electronic commerce, 3d ed.
Mann (law, Columbia Law School) provides a comprehensive survey of electronic commerce for law students that emphasizes how developments in information technology affect all aspects of commercial transactions. He discusses the jurisdictions and judicial regimes that can regulate an internet business, the context within which these businesses operate, electronic commerce transactions, payments, lending, and financing the company. He presents material in the form of 35 assignments and each assignment covers one 60 to 75-minute class. He focuses on the problem-based approach, in addition to including many topics that can be covered using traditional teaching methods. This edition contains more excerpts and cases. Only a background in first year law curriculum is assumed. (Annotation ©2009 Book News Inc. Portland, OR)
EU enlargement and the failure of conditionality; pre-accession conditionality in the fields of democracy and the rule of law.
This examination of the Rule of Law for the European Union stresses the difficulty of measuring and evaluating this legal expansion, and proposes that the best approach is to define and scrutinize the role the EU must fulfill in terms of the analysis of democracy and the principle of conditionality. Kochenov (European law, Groningen U.) applies these principles to the ten new member countries under the Copenhagen criteria in order to reduce the vagueness of the EU's directives, and examines both enlargement law and how the EU will apply the Rule of Law in the monitoring of democracy. The dense legal explanations of this book are aimed primarily at practitioners of European law, especially as it pertains to the EU. (Annotation ©2009 Book News Inc. Portland, OR)
General principles of EC law in a process of development; proceedings.
European Community (EC) law is relatively young, and there is still debate over even its basic principles. Focused primarily on legal theory, these 18 papers were delivered at a March 2007 conference in Stockholm and cover constitutional law, private law, administrative law and possible future developments. Contributors address the concept of "direct effect" as a general principle of European law, the roles of democracy and accountability, the principle of legal certainty, the most important general principle of Community law, judicial deficit, structured measures in competition law, general principles of Community law affecting private law and market integration, transparency, supremacy and autonomy, and constitutional rights as they relate to the supremacy of EC law in new member states. The collection closes with reflections on the impact of Article 10 EC's provisions about proper data. (Annotation ©2009 Book News Inc. Portland, OR)
Hiring the best qualified and most talented employees; handbook on global recruiting, screening, testing, and interviewing criteria.
This massive 1567-page handbook for human resource managers and business owners of global companies covers all of the essential guidelines and laws concerning recruiting, testing, screening and interviewing job candidates. Editors del Rey (labor law, Cuatrecasas, Spain) and Mignin (law, Seyfarth Shaw LLP, Chicago) have assembled complete outlines of these legal policies for 50 separate companies throughout the world, including such dynamic employment markets as India, Japan, Hong Kong and Singapore. Each chapter reviews how questions and hiring procedures are handled in terms of employment background and experience, use of drugs and alcohol, family background, personal beliefs and medical history. (Annotation ©2009 Book News Inc. Portland, OR)
Impact assessment in EU lawmaking.
After a commitment in 2002 by the European Commission to assess economic, social and environmental impacts of policy options before adopting legislative proposals, the European Parliament and the Council of Ministers followed suit shortly after. What has this done to the development of the law? Here Meuwese presents the dissertation she defended at Leiden U. in 2008 in which she evaluates the effects of impact assessment (IA) by integrating the perceptions scholars and legal practitioners. She describes the potential role of IA as a catalyst of legal principles at the procedural and substantive levels, assesses the "constitutional tasks" inherent in IA, evaluates how IA extends itself beyond the decision process, and asks whether IA crosses the line between informing legislators and impeding the direction of legislation. The result serves as a model for evaluations of other jurisdictions. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
Information privacy law, 3d ed.
Solove (George Washington U. Law School) and Schwartz (U. of California Berkeley Law School) intend this text to serve as both a comprehensive and accessible introduction to information privacy law for the student and an authoritative reference for the practitioner. The text includes majority and dissenting opinions, together with notes and commentary from a range of viewpoints. It integrates cases and statutes with policy and jurisdictional perspectives and draws heavily on recent developments in the high-tech field as well as international law, as the authors believe these will have significant impact on the development of privacy law. The text organizes its material thematically in sections on privacy and the media, privacy and law enforcement, health and genetic privacy, privacy of association and identity, privacy and government records and databases, privacy of financial and commercial data, privacy and place, and international privacy law. (Annotation ©2009 Book News Inc. Portland, OR)
International financial system; policy and regulation.
Arguing that the international financial system punishes the poor and benefits rich nations, Buckley (law, U. of New South Wales, Sydney, Australia, and global trade and finance, Bond U., Australia) provides an introduction for students to the system and its regulations. He covers its history, globalization and global capital flows, the Brady Plan, and recent financial crises and their causes. He also discusses debt relief and measures available to debtor nations, as well as methods to improve the system. He does not address recent soft-law regulatory initiatives. (Annotation ©2009 Book News Inc. Portland, OR)
International franchising; the comparative law yearbook of international business, special issues, 2007.
Edited by Campbell (director, Center for International Legal Studies, Austria), this is a special issue of the Comparative Law Yearbook of International Business that brings together practitioners specializing in franchising to provide reports on national developments in franchising law and practice. Separate reports are provided for Australia, Austria, Canada, Chile, China, the Czech Republic, Denmark, France, Germany, India, Indonesia, Israel, Malaysia, Mexico, Norway, Russia, Singapore, Spain, Thailand, and Turkey. Also included is an essay on problems of regional master franchising. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
International litigation in intellectual property and information technology; European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.
The project was spear-headed by the University of Brussels, and scholars from eight other European universities participated. Their topics include the community framework for cross-border intellectual property and information technology litigation, jurisdiction over co-defendants after Roche Nederland, cross-border litigation of unfair competition over the Internet, jurisdiction to grant provisional and protective measures, and the impact of the enforcement directive on the Brussels I regime. Final drafts of the papers were delivered in March 2007 at a conference in Brussels. Distributed throughout the Americas by Aspen Publishers. (Annotation ©2009 Book News Inc. Portland, OR)
Intellectual propterty and human rights, enhanced ed. of Copyright and human rights.
This collection of 21 articles describes the interrelationships amongst intellectual property and human rights, copyright, trademarks, rights to information, and patents. Specific topics include rulings on intellectual property by courts, proportionality and balancing within the objectives for intellectual property protection, copyright as a human right, the free speech benefits of "fair dealing" defenses, the human right to education and copyright, the right to an immoral trademark, cultural values that are in conflict with common law, freedom of information acts and private law restraints in disclosure, rights of privacy for corporations, ethical and religious concerns in patent law related to human embryos and stem cells, and the human rights implications of patents in biotechnological knowledge. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2009 Book News Inc. Portland, OR)
International sales law and arbitration; problems, cases and commentary.
Morrissey (Stetson U. College of Law) and Graves (Touro Law Center) have designed this legal textbook to aid students and practitioners in mastering the fundamentals of commercial law and international dispute resolution. Starting with the basics of international commercial law, the authors provide both legal theory and case studies to illustrate free trade practices, protectionist measures and trade risk, and show how international organizations such as The World Trade Organization oversee these issues. Chapters on interpreting the CISG are also included, as are common practices in dispute resolution and arbitration such as the UNCITRAL model of international law. (Annotation ©2009 Book News Inc. Portland, OR)