Author: Larry Catá Backer
Release Date: 2002-01-01
Genre: Business & Economics
This book studies the systems regulating the relationships between the primary participants in a corporation ¿ shareholders, officers, directors ¿ and the state in the most important commercial regions of the world today. The book focuses on presenting differences in a number of significant areas of corporate governance, specifically, the formal sources of law, and the approach as manifest in actual regulation. The book also explores the ways different systems interact by looking at ways corporations created in one state are recognized and permitted to function in other states. Comparative Corporate Law studies the differences between systems to determine the extent to which those differences are superficial, thus masking a common core of norms, or evidence of the existence of incompatible views. The ultimate aim is to understand the ways in which systems adjust to the existence of other, sometimes competitive, systems of corporate governance. In an era of global trade, the power of harmonization, emulation, penetration, convergence, and separation, is inseparably linked to the comparative study of governance systems. Backer provides the framework for that study with clarity and attention to detail. A teacher's manual is forthcoming.
Author: Marco Ventoruzzo
Publisher: West Academic Publishing
Release Date: 2015
Genre: Corporate governance
This book is a multipurpose text that can be used in any class with a focus on comparative legal systems for corporations, taught in the U.S. or abroad. It contains cases, statutes, analysis and readings, the majority of which are from foreign jurisdictions. It also has extensive notes and questions. The focus is primarily on the U.S., U.K., major European continental civil law systems (France, Germany, Italy) and European Union law, and Japan; with references to other jurisdictions such as China, India and Brazil. In addition to law schools, the book may also appeal to non-law school professors of business administration, economics, and political science. In setting out to produce a casebook to meet the needs of students in different legal systems and on both introductory and advanced courses, make a contribution to scholarly debates and address practical and policy concerns, the authors set themselves ambitious goals, which they have amply achieved. This methodologically rigorous, insightful and stimulating book is rich in technical content but details are never allowed to obscure the main questions. The distinguished authors wear their scholarship lightly and the book is written in an admirably clear and accessible style. This book is a major addition to the growing literature on comparative corporate law and it is destined to shape the way we think about and teach the subject. Eilís Ferran, Professor of Company and Securities Law, Faculty of Law, University of Cambridge Corporate law rules vary considerably around the world, and there is much that students of corporate law can learn from a comparative analysis of how different systems deal with similar problems. This casebook, co-authored by a group of experts with a rich set of perspectives, is thus a valuable and welcome addition to the literature. Lucian A. Bebchuk, Professor of Law, Economics and Finance, Director, Program on Corporate Governance, Harvard Law School This excellent book is a welcome addition to the still relatively sparse comparative corporate law literature. It is a wonderful teaching resource and a useful reference for the scholar. Tan Cheng Han, Professor of Law and Chairman, Centre for Law & Business, Faculty of Law, National University of Singapore [Comparative Corporate Law by Ventoruzzo and others] is both comprehensive and readily understandable. I think it will be a significant addition to both the literature and teaching material on comparative corporate governance. Martin Lipton, Founding Partner, Wachtell, Lipton, Rosen & Katz In-house counsels of firms operating internationally will find the book a practical and useful tool. Your own corporate issues aren't so unique after all, learning how others have approached theirs, across the world, is both instructive and refreshing, a must read! Antonino Cusimano, General Counsel and Secretary to the Board of Directors, Telecom Italia The materials collected and translated in English are precious and fascinating for a broad and international audience. The richness of the book is not, however, only in the materials carefully selected and sewn together, but also in the stitches that fasten them: The introductions, notes and questions, economic insights and empirical data that connect the materials allow readers to consider the causes and consequences of different legal rules in different systems, and compare different regulatory strategies. Viviane Muller Prado, Professor of Corporate Law, Escloa de Direito, Fundação Getulio Vargas, Sao Paulo, Brazil This book proves not only that corporate law is global, but also that a global approach is essential in order to understand the laws of different countries and how they interact. The book, innovative in both methodology and contents, will be indispensable for anyone who studies and practices corporate la
Author: Symeon Symeonides
Publisher: West Academic
Release Date: 2003
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Author: Norman Dorsen
Publisher: West Academic Publishing
Release Date: 2016-07
This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.
Author: Eleanor M. Fox
Publisher: West Academic Publishing
Release Date: 2009
This concise casebook on modernized European competition law has a strong US-comparative component. It stresses analysis of anticompetitive effects, rules and principles, and the linkages among competition regulation, the state, the European Community, and the world. Coverage includes the European Treaty, cartels, abuse of a dominant position, horizontal and vertical agreements, mergers, and state restraints. The book is suitable for two or three-credit courses on the competition law of the EU, seminars on comparative EU/US competition law, and seminars on international antitrust. Syllabi for all of the above are available.
Author: Rudolf B. Schlesinger
Publisher: Foundation Pr
Release Date: 1998
Among the developments considered are the legal changes that have resulted from the demise of the Soviet empire and of ?socialist ? law; the continuing impact that both European Community law and regional human rights law have had on the internal legal systems of European countries; concomitant tensions toward a revised ?common law of Europe? and toward a closer ?convergence? between civil and common law systems; and renewed attention to the methodological problems faced by comparative law, in part because of these other developments.
Author: Mary Ann Glendon
Publisher: West Group
Release Date: 1994
Contents include history, culture, and distribution of the civil law; legal structures in civil law nations; legal actors in the civil law tradition; procedure in civil law system; sources of law and the judicial process in civil law systems; fields of substantive law in civil law systems with regard to economic aspects of divorce, and the role of courts in policing contracts for unfairness; European law and institutions; the rise and fall of the socialist legal tradition; the common-law tradition; history, culture, and distribution of the common-law tradition; legal structures in England; legal actors in England; procedure in England; legal rules in England; and divisions of English law.
Author: Mary Ann Glendon
Publisher: West Academic Publishing
Release Date: 2014-10-08
This new edition includes some significant revisions since the last edition was published in 2007. In addition to updating the materials to take into account developments in the law in the examined jurisdictions, the new edition also places discussion of the relevant regional law, for the most part European Union and Council of Europe law, within the examinations of the specific legal systems themselves (more accurately reflecting the realities of operating within those systems). In addition, there are updates and addition to the in-depth chapters focusing on discrete comparative problems and exercises.
Author: John Makdisi
Release Date: 2005-01-01
Islamic Property Law is the first casebook of its kind to offer Islamic law training to American law students in the comparative case-method style of learning. The several areas of law covered under the umbrella of Property are developed through translations of classical Islamic law texts in conjunction with English and American cases on the same subjects. The materials are sufficiently detailed to provide the type of sophisticated analysis with which law professors and students are familiar. Although the focus is on Islamic property law, the course also covers areas is torts, contracts, criminal law, wills and trusts, constitutional law, and jurisprudence, insofar as these areas touch on property. In this way the book also satisfies the tradition of comparative law casebooks that are comprehensive in coverage. Readers should gain a sound understanding of property law in classical Islam and an enhanced understanding of property law in the United States.
Author: James Dwyer
Publisher: Aspen Publishers
Release Date: 2012
Family Law emphasizes the issues and skills most relevant to domestic relations practice. The text employs a novel and dramatic organization with three substantive units that compare the legal treatment of the parent-child relationship vs. adult intimate relationships at stages of formation, regulation, and dissolution. In keeping with the modern reorientation of the field, Family Law reflects the transition "From Partners to Parents" beginning with the creation of parent-child relationship rather than marriage. Its geographical breadth delivers more comparative materials than other texts, using examples from a variety of cultures to provoke "why don't we do this?" considerations. Each student-friendly chapter and section begins with a clear summary of current law that orients the reader before examining legal texts in detail. This structure invites theoretical critique only after a solid foundation is laid. Statutes are core to the text which gives proper emphasis to the vital skill of statutory interpretation in todays practice. Up-to-date material provides more recent cases than any other textbook. With an empirical emphasis, Family Law draws from the significant literature in sociology, psychology, anthropology and other fields so that legal analysis is grounded in real-life application. Focused questions direct students to the heart of the analysis, often using headings before questions to alert readers to the type of analysis required, for example: statutory interpretation, policy, client counseling, and moral theory. Features: Novel organization three substantive units compares legal treatment of parent-child relationship vs. adult intimate relationships considers stages of formation, regulation, and dissolution Reflects modern reorientation of the field in keeping with transition "From Partners to Parents" starts with creation of parent-child relationship rather than marriage Geographical breadth much more comparative material than current texts examples from other cultures lead to "why don't we do this?" considerations Student-friendly organization each chapter and section begins with clear summary of current law orients students before examining legal texts invites theoretical critique after foundation is laid Statutes at the core proper emphasis on the vital skill of statutory interpretation Up-to-date more recent cases than any other textbook Empirical emphasis draws from sociology, psychology, anthropology, and other fields grounds legal analysis in real world application Focused questions direct students to the heart of the analysis use headings to alert students as to the type of analysis required (e.g., statutory interpretation, policy, client counseling, moral theory)
Author: Oscar G. Chase
Publisher: West Academic Publishing
Release Date: 2017-08-11
Genre: Actions and defenses
This book is designed to introduce the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks. The author team on the second edition includes scholars and practitioners from Germany, England, Italy, Japan, and the United States.
Author: Roberta Romano
Publisher: Foundation Press
Release Date: 2010
The most comprehensive and interdisciplinary anthology of corporate law material available, this reader reflects the enormous changes that have occurred in business organization and legal scholarship since the hostile takeover was introduced in the 1980s. The second edition has both completely revised and expanded the material covered in the first edition. New and revised topics include capital markets, agency theory, behavioral economics, state competition for corporate charters, boards of directors, shareholder voting rights, executive compensation, activist investors, takeovers, securities regulation and comparative corporate governance.
Author: Steven Calabresi
Publisher: Foundation Press
Release Date: 2016-03-21
With an Introduction by Justice Alito, this Comparative Constitutional Law casebook stands apart from other casebooks. It focuses on the 15 constitutional democracies in the G-20 Nations: 1) the United States, 2) the United Kingdom, 3) France, 4) Germany, 5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil, 11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and 15) the European Union. The G-20 Nations together comprise 85% of the world's GDP and two-thirds of the world's population. Thus, this casebook maintains a better sense of relevance than similar books, which often focus heavily on esoteric jurisdictions. It is also less Euro-centric than competing books; most chapters include cases from Brazil, Mexico, and India. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: 1) constitutionalism - constitutional history, constitution-making, amendment, and secession rules; 2) the emergence and nature of judicial review; 3) the separation of powers, bicameralism, and comparative administrative law; 4) federalism; 5) bills of rights, birthright freedom and equality, and human dignity; 6) equal protection of the laws; 7) freedom of expression; 8) freedom of religion; 9) civil, criminal, and appellate procedure; 10) protection of economic liberties; 11) positive social entitlements and state action; and, finally, 12) constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law. Pedagogically, this casebook contains more cases and fewer law review articles than competing books, making it teacher-friendly. It can be taught in a three-day weekly format, in a two-day weekly format, or in a once-a-week seminar format. It is accompanied by a comprehensive teacher's manual and suggested syllabi.
Author: Martin Davies
Publisher: Oxford University Press
Release Date: 2014-06-18
International Transactions in Goods: Global Sales in Comparative Context explains the complex transactional structures common in international sales, from both an international and a domestic legal perspective. In a straightforward, accessible style, this course book sets out typical business models and commercial practices, including sample legal and commercial documents, and outlining the laws that govern them. Closely attuned to practice, this course book covers transactions on a commercial scale and gives full treatment not only to legal topics, but also payment, security, carriage, and insurance, addressing both traditional topics such as letters of credit, bills of lading, and the Incoterms, as well as modern practices like electronic funds transfers, and waybills. Martin Davies and David V. Snyder emphasize the strategic questions that lawyers and businesses face when negotiating and documenting deals, and when litigating transactions that have gone awry. As many of the strategies revolve around choice of governing law, the book treats not only international law, particularly the UN Convention on the International Sales of Goods (CISG), but also exemplary domestic laws from both common law and civil law jurisdictions, including the US Uniform Commercial Code (UCC), English law, French law, and German law. This book is designed to be accessible to students and readers of all levels, whether from common law or civil law backgrounds, by providing basic explanations of fundamental theories and attitudes in international law, common law, civil law, and international business. The format includes the methods of different traditions, with extensive text familiar to civil law readers, case excerpts familiar to common law readers, and a large array of problems-based on real cases and transactions-to demonstrate the concepts and to practice and evaluate what has been learned. The book also tackles current ethical and moral issues in international transactions, particularly the relation of law and contracting to environmental protection, workers' rights, and similar matters.