Top PDF How Business Shapes Law: A Socio-Legal Framework

How Business Shapes Law: A Socio-Legal Framework

How Business Shapes Law: A Socio-Legal Framework

As part of their professional pedigree, lawyers are taught to view their discipline as autonomous. Law has its specialized language—such as “consideration,” “tort,” “eminent domain,” and “mens rea.” Law has its specialized mode of reasoning, in which student-apprentices learn to distinguish factual contexts, judicial dicta, and legal holdings to construct and parse rhetorical arguments and defend different angles of a question. And law has its perfomativity, whether in opening or closing arguments in a courtroom, the deposition of an opponent in a law office, or the interviewing of a client in which the lawyer hones toward the crux of a legal issue, disregarding events and feelings that have no legal implications. Yet this view of law’s autonomy—the insider view—is narrow and naive to an outsider who views law’s performance from a sociological vantage. Social forces give rise to law’s construction and they mediate law’s application which, in turn, shapes law’s reconstruction. Law faces a dilemma regarding its legitimacy which gives rise to its Janus-faced nature, looking both inside and outside simultaneously. Law’s legitimacy depends both on a perception of legal autonomy (an internal view of the consistency and coherence of applied legal concepts) and a perception of legal responsiveness (an external view of the social context in which law operates). Without autonomy, law violates basic strictures of the “rule of law.” Without responsiveness, law alienates its subjects.
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Investment Protection in the Framework of the Treaty of Harmonizing Business Law in Africa (OHADA)

Investment Protection in the Framework of the Treaty of Harmonizing Business Law in Africa (OHADA)

One of the major obstacles to investment in Africa is the lack of legal and judicial security. OHADA set itself the ambitious objective of giving to African states a modern and uniform business law. To attract investors into Africa by establishing a modern and uniform business law, the legislative organ of OHADA adopted uniform laws known as Uniform Acts after their unanimous vote, come into force and are directly applica- ble into each member state, and overrule any conflicting provi- sion of Member State’s national law, be it previous or subse- quent. The simple adoption of uniform laws is a relinquishment of sovereignty contemplated by the OHADA treaty: a law that OHADA adopts is automatically and immediately an internal law of each of OHADA’s member-states 4 . Accept a uniform interpretation and enforcement represents another significant step in the same direction. At this point, it is worth to consider why national elites would have allowed the OHADA project to exist at all. The first reason is that the political leaders in the region really did understand OHADA to be pro-development and had been deeply worried by the economic downturn of the early 1990s. It may also be that the elites recognized that the OHADA laws’ nuanced balancing act protects the elites. Elites may typically be majority holders in domestic investments, but we have seen that they tend to have minority positions when foreign investors are involved (Lavelle, 2001). A neutral law can protect their holdings in both circumstances.
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A Java-based framework for explicitly partitioning applications into distributable units

A Java-based framework for explicitly partitioning applications into distributable units

New Understandings Mediating Business Law in the Thai and New Understandings Mediating Business Law in the Thai and Vietnamese Traditions: A Hermeneutic Approach to Legal Vietnamese T[r]

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Press freedom, law and politics in Indonesia : a socio-legal study

Press freedom, law and politics in Indonesia : a socio-legal study

The third chapter dealt with financial management and determined that the national press should be fully financed by Indonesian capital. The fifth chapter, on accountability, held the important clause that political parties, functional groups or mass organisations and Pantja Tunggal were respon- sible for publications from the newspapers and magazines whose editorial boards they had officially supported and recommended. The sixth chapter contained sanctions, in the form of a temporary suspension or definite clos- ing-down of a newspaper or magazine. This could happen if a newspaper or magazine was found to no longer reflect an aliran (school of thought) of a particular constituency as stated in the publication permit, either because it aired other opinions or because this aliran had been prohibited; when it introduced ideological deviations that damaged and/or were in contradic- tion with the teachings of the president; when it undermined the authority of the government and the president; when it disturbed public order and security; when it harmed the cooperative principle of Nasakom; and when it harmed the development of the national press by transgressing the limits of its publication permit. Existing newspapers and periodicals were given three months for applying for a new publication permit in accordance with the stipulations of this decision as from the date of its enactment (Chapter 7). While it seemed that Ministerial Decision 29/SK/65 had exhaustively supressed any remaining press freedom and brought newspapers and mag- azines under full control of the state, both practically and ideologically, a tenth and final restriction was added to this regulatory framework. It con- sisted of Ministerial Decisions 51, 52 and 53/SK/M/65, which dealt with respectively government and other official publications, and newspapers and periodicals in scripts other than Latin, Arabic or a regional language, and the circulation of these. The aim of these regulations was to also bring these specific categories under the ideological wings of Guided Democracy and infuse them with its stipulations and phraseology.
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How To Perform Well In Business Law

How To Perform Well In Business Law

Legal has been part of these efforts, and most chief legal officers (CLOs) have attempted to reduce their costs and better focus their activities in some ways. But few companies have gone far enough in getting the most for their money by connecting their legal strategy with their business strategy. Rather than proactively agreeing on what legal should prioritize, management often leaves legal departments to juggle an ever-growing list of demands and make the necessary trade-offs on their own. As a result, the activities that could unlock the most value for the company—say, licensing to enable a new- product launch—can get crowded out by seemingly urgent demands, such as re-architecting nondisclosure agreements or chasing trademark requests for unvetted ideas that neither add significant value nor seek to manage material risks for the business. Without a governing framework linked to the business strategy, legal departments can underinvest in those areas most critical to the business.
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Illegal Constructions in Delhi: A Socio-Legal perspective

Illegal Constructions in Delhi: A Socio-Legal perspective

21 International Research Journal of Commerce and Law http://ijmr.net.in, Email: irjmss@gmail.com All permissions identified with building at various stages have been set aside a few minutes bound under Bye-laws i.e., building permission inside 30days, inspection inside 01 days and joint plinth level inspection for inhabitance – cum-finish declaration inside 15 days from the date of on-line application. There ought to be one official from the office of Delhi's Lieutenant Representative in the STF. It said the task force would meet in any event once every month and give its answer to the LG's office and the Ministry of Housing and Urban Affairs. Nadkarni said that in the Master Plan of Delhi (MPD) 2021, no new road would be announced as business except if parking spot was indicated first. "To be sure, the substantial size of construction of building past reasonable FAR (Øoor area proportion), abuse of public land and so forth and other comparative violation must be ceased forthwith and a total no resistance to these illegal exercises must be appeared," he said in the note.
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Socio-legal approaches to property law research

Socio-legal approaches to property law research

governmentality 39 and regulation 40 , for instance in Cowan and McDermont's critical analysis of the interconnected histories of housing provision through various tenure sectors in the UK. 41 In her multi- disciplinary study of property in 'the public realm' of the city centre, Layard draws on Lefebvre's theory of the right to the city 42 as well as on geographical and political analytical frameworks. 43 Bourdieu's theories of law as a site and mechanism of power 44 have been applied by socio-legal researchers, for example in analyzing the property rights of freeholders and leaseholders in a study comparing practices in the UK and New Zealand. 45 Socio-legal scholarship has also engaged with discourse analysis and theory more widely than in the context of the feminist approach discussed above, building on Bourdieu's observation that law is a particularly powerful discourse because it "brings into existence that which it utters". 46 Sarat and Kearns suggested that "law shapes society from the inside out, by providing the principal categories that make social life seem natural, normal, cohesive and coherent". 47 Among those categories are property and ownership, characterised by socio-legal scholars as persuasive narratives for making sense of the world. 48
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Causes of domination of individual enterprises in relation to other legal forms of business organizations in the Republic of Kosovo

Causes of domination of individual enterprises in relation to other legal forms of business organizations in the Republic of Kosovo

second creating a completely new legislative base that would ensure the development of social - economic life. The new socio-economic and legal system differed entirely from the former systems when Kosovo has historically been very discriminatory to members of the Albanian population. The main challenge of this administration was formalization of exercising business activities, which in the early years after the war it was practices entirely outside the law. Despite the issuance of regulations with legal power, which generally had elements of Western laws, they lacked the institutional mechanisms to initially inform founders about the advantages and disadvantages of each legal form depending on the organizational level, volume and power of business turnover. On the other hand, formalization of business organizations by founders by registering individual enterprise was initially compatible with the level of their business, and secondly, a form whicha they considered similar to former individual enterprises of the previous system of so-called "N.P.T. , D.P.T., "etc ,. The second stage, after the country's independence in 2008, even after completing the legislation in the business organization scope and creation of the Business Registration Agency (KBRA) until 2015, did not bring any significant change to this percentage. This period varies also with the domination of some other factors that relate to financial reporting, in which case individual companies are exempted from a range of reporting actions. In addition, an influential factor was also the barriers that were present from 2010 - 2014 with ARBK not allowing business organizations to transform from one to another legal form. It possible to do this first by ceasing or liquidating a certain business organization and then registering it in a new form. In 2014 this obstacle was eliminated and it is estimated that this trend will change in order to adapt the legal forms of business organization to the volume and level of their business turnover.
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Comparative Institutional Law and Economics: Reclaiming Economics for Socio-Legal Research

Comparative Institutional Law and Economics: Reclaiming Economics for Socio-Legal Research

enticed their interest, they detach it from the particular background in which it operates. The concrete legal institution explored is largely isolated from the legal and social framework in which it is applied and is, instead, set in the theoretical construct of a perfectly competitive market. The latter inevitably comes with its basic and overly strong assumptions of well-defined rights and their complete enforcement as well as with the extreme focus on decentralized decision-making. The very emergence, the nature and the process of development of the rights’ structure is disregarded. If, after all, an important characteristic of the institutional context cannot be ignored, it is always positioned as an exogenous factor. As a result, the way the studied legal institution fits and interacts with others within the working of the larger system remains generally hidden from view. As for transaction costs, they are traditionally assumed to be zero. Even if they are introduced in the model, this is done only in a rudimentary fashion, without disciplined accounting for their source or nature. It is sufficient to look at the neoclassical models concerning contractual damages in which transaction costs are assumed only for the purpose of excluding renegotiation to realize that another vehicle through which particularities can enter the picture is completely underrated. With all possible complications tucked away, it comes as no surprise that neo-classical law and economics is capable of making bold claims as to universality of its solutions.
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Comparative institutional law and economics: reclaiming economics for socio-legal research

Comparative institutional law and economics: reclaiming economics for socio-legal research

has piqued their interest, they detach it from the particular background in which it operates. The concrete legal institution explored is largely isolated from the legal and social framework in which it is applied and is, instead, set in the theoretical construct of a perfectly competitive market. The latter inevitably comes with its basic and overly strong assumptions of well-defined rights and their complete enforcement as well as with an extreme focus on decentralized decision-making. The very emergence, the nature and the process of development of the rights’ structure is disregarded. If, after all, an important characteristic of the institutional context cannot be ignored, it is always positioned as an exogenous factor. As a result, the way the studied legal institution fits and interacts with others within the working of the larger system remains generally hidden from view. As for transaction costs, they are conventionally assumed to be zero. Even if they are introduced in the model, this is done only in a rudimentary fashion, without disciplined accounting for their source or nature. It is sufficient to look at the neoclassical models concerning contractual damages in which transaction costs are assumed only for the purpose of excluding renegotiation to realize that another vehicle through which particularities can enter the picture is completely underrated. With all possible complications tucked away, it comes as no surprise that neoclassical law and economics is capable of making bold claims regarding the universality of its solutions.
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Foundations of Business Law and Legal Environment

Foundations of Business Law and Legal Environment

Delaware). The smaller ones feared a loss of sovereignty if they could be outvoted by the larger ones, so the federal legislature was constructed to guarantee two Senate seats for every state, no matter how small. The Senate was also given great responsibility in ratifying treaties and judicial nominations. The net effect of this today is that senators from a very small number of states can block treaties and other important legislation. The power of small states is also magnified by the Senate’s cloture rule, which currently requires sixty out of one hundred senators to vote to bring a bill to the floor for an up-or-down vote. Because the Constitution often speaks in general terms (with broad phrases such as “due process” and “equal protection”), reasonable people have disagreed as to how those terms apply in specific cases. The United States is unique among industrialized democracies in having a Supreme Court that reserves for itself that exclusive power to interpret what the Constitution means. The famous case of Marbury v. Madison began that tradition in 1803, when the Supreme Court had marginal importance in the new republic. The decision in Bush v. Gore, decided in December of 2000, illustrates the power of the court to shape our destiny as a nation. In that case, the court overturned a ruling by the Florida Supreme Court regarding the way to proceed on a recount of the Florida vote for the presidency. The court’s ruling was purportedly based on the “equal protection of the laws” provision in the Fourteenth Amendment. From Marbury to the present day, the Supreme Court has articulated the view that the US Constitution sets the framework for all other US laws, whether statutory or judicially created. Thus any statute (or portion thereof) or legal ruling (judicial or administrative) in conflict with the Constitution is not enforceable. And as the Bush v. Gore decision indicates, the states are not entirely free to do what they might choose; their own sovereignty is limited by their union with the other states in a federal sovereign. If the Supreme Court makes a “bad decision” as to what the Constitution means, it is not easily
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Socio-Legal Approaches to Property Law Research

Socio-Legal Approaches to Property Law Research

The value of the diversity of academic backgrounds and skills within socio-legal studies can be illustrated through the example of a contemporary issue which has attracted the interest of many legal researchers: multi-owned housing (apartment blocks and other common interest developments) is an increasingly important and common urban form throughout the world. The legal arrangements vary from one jurisdiction to another, but typically provide for a legal entity which owns the site, arrangements for governance, and individual property rights in the separate dwellings. In Canada, as in the USA, the condominium is the approved legal framework. Harris' socio-legal approach supports his argument that the legal and physical form of the condominium has completely transformed Vancouver, physically and socially. 93 Taking an approach which combines doctrinal analysis with contextual research, Sherry's detailed examination of strata title in New South Wales enables her to put forward reasoned proposals for legislative reform. 94
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Business Law and the Legal Environment

Business Law and the Legal Environment

Delaware). The smaller ones feared a loss of sovereignty if they could be outvoted by the larger ones, so the federal legislature was constructed to guarantee two Senate seats for every state, no matter how small. The Senate was also given great responsibility in ratifying treaties and judicial nominations. The net effect of this today is that senators from a very small number of states can block treaties and other important legislation. The power of small states is also magnified by the Senate’s cloture rule, which currently requires sixty out of one hundred senators to vote to bring a bill to the floor for an up-or-down vote. Because the Constitution often speaks in general terms (with broad phrases such as “due process” and “equal protection”), reasonable people have disagreed as to how those terms apply in specific cases. The United States is unique among industrialized democracies in having a Supreme Court that reserves for itself that exclusive power to interpret what the Constitution means. The famous case of Marbury v. Madison began that tradition in 1803, when the Supreme Court had marginal importance in the new republic. The decision in Bush v. Gore, decided in December of 2000, illustrates the power of the court to shape our destiny as a nation. In that case, the court overturned a ruling by the Florida Supreme Court regarding the way to proceed on a recount of the Florida vote for the presidency. The court’s ruling was purportedly based on the “equal protection of the laws” provision in the Fourteenth Amendment. From Marbury to the present day, the Supreme Court has articulated the view that the US Constitution sets the framework for all other US laws, whether statutory or judicially created. Thus any statute (or portion thereof) or legal ruling (judicial or administrative) in conflict with the Constitution is not enforceable. And as the Bush v. Gore decision indicates, the states are not entirely free to do what they might choose; their own sovereignty is limited by their union with the other states in a federal sovereign. If the Supreme Court makes a “bad decision” as to what the Constitution means, it is not easily
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MAILING ADDRESS South State Street, Ann Arbor, MI WEBSITE

MAILING ADDRESS South State Street, Ann Arbor, MI WEBSITE

The University of Michigan Law School in Ann Arbor is one of the world’s finest institutions of legal education. Housed in the Cook Quadrangle on the University of Michigan’s central campus, the Law School is unmatched for beauty and is superbly functional for its residential and scholarly community. The School has a sizable and diverse faculty, with many preeminent in their fields. The careers

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Determining the Optimum Portfolio of Sharia Stocks Using an Approach of Shariah Compliant Asset Pricing Model (SCAPM)

Determining the Optimum Portfolio of Sharia Stocks Using an Approach of Shariah Compliant Asset Pricing Model (SCAPM)

Therefore, it is also important to keep the features or the identity of Islamic financial institutions. It is these values, which are then packaged and made important for the sales value. Then this can be offered to the public (Imam & Fenny 2013). As an Islamic financial institution, with the capital mar- ket for investment, it is necessary to have the guidance in the areas of risk and return and secu- rity prices under Shari'a framework. Risks are accepted (but not gharar) in business that is al- lowed by law; and experts in business or finance that are in consensus about the positive relation- ship between risk and return.
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Identifying Legal Costs of the Operation of the Common European Sales Law: Legal Framework, Scope of the Uniform Law and National Judicial Evaluations

Identifying Legal Costs of the Operation of the Common European Sales Law: Legal Framework, Scope of the Uniform Law and National Judicial Evaluations

How does this discussion relate to the question of the costs of the operation of the CESL? First, the breadth of the general principle of good faith and fair dealing and its very open-textured nature lead to considerable uncertainty and, in my view, therefore room for legal argument once a dispute between the contracting parties arises. In particular, it is not uncommon for disputes between commercial parties to turn on or at least involve different perceptions between them as to what ‘good faith’ required or requires of them in the circumstances. Secondly, however, good faith and fair dealing does not merely give rise to the costs typically associated with legal uncertainty and unpredictability. The division of function between the European Court and national courts suggests that much of the substantive impact of ‘good faith and fair dealing’ will be worked out by national courts in the light of the facts as they find them and their perception of the right and wrong of the matter: what English judges sometimes refer to as ‘the merits’. Now, it is true that, unlike English law, most continental civil laws already contain a very general principle of good faith in contracts, but this communality of sources or conceptual approach does not mean that the different laws either use the concept for the same purposes nor even understand what it requires in the same way where they do use it for the same purposes. 138 In understanding the impact of ‘good faith and fair dealing’ national judges are likely to draw on their own experience of its requirements in the national context, especially given that this experience will continue in their decision-making under their ‘1 st regimes’ of contract law. If this is true, in practice a trader contracting cross-border
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Specialisation International Law

Specialisation International Law

Each project is linked to some major legal topics, subject areas which will provide students with the basic knowledge needed to work on the assignments within the projects. In the first block the emphasis is on European Law and International Business Law. In the second block the emphasis is on free movement of persons and services, humanitarian aspects of law, EU policy, lobbying and ethical aspects.

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Money laundering and FATF compliance by the international community

Money laundering and FATF compliance by the international community

These dilemmas lead naturally to questions regarding the advantages and disadvantages, and the feasibility in general, of constructing a single international framework based on a consensus of divergent views. There is evidently no easy way to do so. Experience shows that building such a consensus is a slow process, and it is important to accept this at the outset of such attempts, in order to avoid premature acceptance of failure. Success requires a willingness of all parties to cooperate and to reconcile differences. Experience also shows that the path to global consensus requires the participation not only of champion international agencies but also of local and regional bodies as well as other stakeholders. The latter is paradoxically made possible by the nature of the Internet – its global nature, the very issue that prompts attempts to achieve the consensus – and the vested interests of non-regulatory, commercial stakeholders. Two recent examples of achieving some degree of such a consensus through regional bodies are the reconciliation of the European Union (EU) and USA approaches to the protection of privacy [12] and cooperation between FATF and regional FATF-style bodies (APG, CFATF, MONEYVAL, GAFISUD, MENAFATF, EAG, ESAAMLG, GIABA 4 ) [17]. The work undertaken by the FATF
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The Trafficking Defence: A Proposed Model for the Non-Criminalisation of Trafficked Persons in International Law

The Trafficking Defence: A Proposed Model for the Non-Criminalisation of Trafficked Persons in International Law

This appeal against conviction must obviously be allowed. We would put it most simply on the footing that the common law and Article 6 of the European Convention on Human Rights alike require far higher standards of procedural protection than were given here. There was no fair trial. We hope that such a shameful set of circumstances never occurs again. Prosecutors must be aware of the protocols which, although not in the text books are enshrined in their Code. Defence lawyers must respond by making enquiries, if there is before them credible material showing that they have a client who might have been the victim of trafficking, especially a young client. Where there is doubt about the age of a defendant who is a possible victim of trafficking, proper inquiries must be made, indeed statute so required. All this is obviou s. 37
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The Mold That Shapes Hearsay Law

The Mold That Shapes Hearsay Law

The essential idea of the right is actually very simple: A rational system of adjudication must depend, in large part, on information provided by witnesses. Given this premise, the system must decide the procedure by which the witnesses provide that information—that is, by which they testify. A common requirement is that testimony be given under oath or some similar form of solemnification. 8 Beyond that, various procedures for giving testimony are possible. For example, one could, as the ancient Athenians did, require that witnesses provide their testimony in writing and under seal. 9 Or one could require, as the old courts of continental Europe did, that witnesses testify before officials and out of the presence of the parties. 10 But for centuries, one of the great prides of the English was that in their system, as in those of the ancient Hebrews and Romans, witnesses against an accused gave their testimony openly, “face-to-face” with the accused. 11 As the system developed further, it also became clear that the accused had a right to subject the witnesses against him to cross-examination. 12 And although the right to be confronted with adverse witnesses was usually provided at trial, a well-developed body of law allowed the prosecution to use prior testimony of the witness if she was unavailable at trial and the accused had had an opportunity to be confronted by her. 13 Although the English did not honor the right of confrontation without fail, it was a clearly established norm that migrated to America. 14 The new states incorporated it in their constitutions, and it was included in the Sixth Amendment to the U.S. Constitution. 15
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