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    Child abuse, child protection and the law por Cleland, Alison

    Publicado 2008
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    Practical guide to evidence / por Allen, C. J. W.

    Publicado 2004
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    Constitutional government and democracy : theory and practice in Europe and America por Friedrich, Carl J.

    Publicado 1968
    Tabla de Contenidos: “…; Parties and factions ; Some recent theories of political parties ; Parties in relation to social structure ; The over-all pattern of European parties 8. …”
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    Managing change : a strategic approach to organisational dynamics por Bernard Burnes

    Publicado 2004
    Tabla de Contenidos: “…Acknowledgements xi Introduction 1 (10) Part One The rise and fall of the rational organisation From trial and error to the science of management 11 (42) The rise of organisation theory 11 (42) Learning objectives 11 (1) Introduction 12 (2) The rise of commerce and the birth of the factory 14 (19) Organisation theory: the Classical approach 33 (14) Conclusions 47 (4) Test your learning 51 (1) Suggested further reading 52 (1) Developments in organisation theory 53 (30) From certainty to contingency 53 (30) Learning objectives 53 (1) Introduction 54 (1) The Human Relations approach 55 (15) The Contingency Theory approach 70 (10) Conclusions 80 (2) Test your learning 82 (1) Suggested further reading 82 (1) In search of new paradigms 83 (58) Learning objectives 83 (1) Introduction 84 (4) The Culture--Excellence approach 88 (27) The Japanese approach to management 115 (11) Organisational learning 126 (9) Conclusions 135 (4) Test your learning 139 (1) Suggested further reading 140 (1) Critical perspectives on organisation theory 141 (25) Postmodernism, realism and complexity 141 (25) Learning objectives 141 (1) Introduction 142 (2) The postmodern perspective 144 (10) The realist perspective 154 (3) The complexity perspective 157 (6) Conclusions 163 (1) Test your learning 164 (1) Suggested further reading 165 (1) Culture, power, politics and choice 166 (37) Learning objectives 166 (1) Introduction 167 (2) The cultural perspective 169 (14) The power--politics perspective 183 (10) Managing and changing organisations: bringing back choice 193 (4) Conclusions 197 (2) Test your learning 199 (1) Suggested further reading 199 (4) Part Two Strategy development and change management: past, present and future Approaches to strategy 203 (29) Managerial choice and constraints 203 (29) Learning objectives 203 (2) Introduction 205 (2) Understanding strategy: origins, definitions and approaches 207 (13) Understanding strategy: choices and constraints 220 (8) Conclusions 228 (2) Test your learning 230 (1) Suggested further reading 231 (1) Applying strategy 232 (27) Models, levels and tools 232 (27) Learning objectives 232 (1) Introduction 233 (1) Types of strategies 234 (4) Levels of strategy 238 (8) Strategic planning tools 246 (10) Conclusions 256 (1) Test your learning 257 (1) Suggested further reading 258 (1) Approaches to change management 259 (28) Learning objectives 259 (1) Introduction 260 (1) Theoretical foundations 261 (6) The Planned approach to organisational change 267 (14) The frequency and magnitude of organisational change 281 (3) Conclusions 284 (1) Test your learning 285 (1) Suggested further reading 286 (1) Developments in change management 287 (31) The Emergent approach and beyond 287 (31) Learning objectives 287 (1) Introduction 288 (1) The case against the Planned approach to organisational change 289 (2) The Emergent approach to change 291 (21) Emergent change: summary and criticisms 312 (4) Conclusions 316 (1) Test your learning 317 (1) Suggested further reading 317 (1) A framework for change 318 (17) Approaches and choices 318 (17) Learning objectives 318 (2) Introduction 320 (1) Varieties of change 321 (4) A framework for change 325 (3) A framework for choice 328 (1) Conclusions 329 (3) Test your learning 332 (1) Suggested further reading 332 (3) Part Three Case studies in strategy development and change management Case studies in strategic change 335 (30) Learning objectives 335 (1) Introduction 335 (2) Case Study 1: The Internet and the P2P Revolution in the music industry 337 (6) Case Study 2: The rise and fall of Marconi 343 (4) Case Study 3: Oticon - the disorganised organisation 347 (8) Case Study 4: Privatisation and the European Union: the case of the Public Power Corporation of Greece 355 (7) Conclusions 362 (2) Test your learning 364 (1) Case studies in changing internal relationships and attitudes 365 (33) Learning objectives 365 (1) Introduction 365 (3) Case Study 5: Volvo's approach to Job Design 368 (9) Case Study 6: XYZ Construction 377 (6) Case Study 7: GK Printers Limited - changing systems and attitudes 383 (13) Conclusions 396 (1) Test your learning 397 (1) Case studies in changing external relationships 398 (29) Learning objectives 398 (1) Introduction 398 (3) Case Study 8: Rover-TRW - operational integration 401 (6) Case Study 9: Speedy Stationers Ltd and UTL (Turbines) Ltd - supplier-driven change 407 (7) Case Study 10: PoliceCo - outsourcing in the public sector 414 (6) Conclusions 420 (3) Test your learning 423 (4) Part Four Managing choice Managing change 427 (25) Lessons from theory and practice 427 (25) Learning objectives 427 (1) Introduction 427 (2) Lessons from theory and practice 429 (15) Employee involvement and organisational transformation 444 (3) Conclusions: merging theory and practice 447 (3) Test your learning 450 (2) Organisational change and managerial choice 452 (34) Learning objectives 452 (1) Introduction 452 (3) The Choice Management-Change Management model 455 (29) Conclusions 484 (1) Test your learning 485 (1) Management - roles and responsibilities 486 (51) Learning objectives 486 (1) Introduction 487 (2) Globalisation and the challenge of change 489 (9) The manager's role 498 (5) Management and leadership 503 (11) Management and leadership in action 514 (5) Managerial development 519 (8) Management, leadership and change 527 (3) Summary and conclusions 530 (4) Test your learning 534 (1) Suggested further reading 535 (2) Bibliography 537 (58) Glossary 595 (12) Index 607…”
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    Professional responsibility in a nutshell / por Aronson, Robert H.

    Publicado 1991
    Tabla de Contenidos: “…THE LAWYER IN THE LEGAL SYSTEM: FUNCTIONS AND RESPONSIBILITIES The Lawyer as an Advocate: The Adversary System 304 (58) Justice and the Adversary System 304 (5) Lawyers' Roles in the Adversary System 309 (3) Specific Obligations of the Advocate 312 (50) Preparation for Trial 314 (1) Preparing a Witness for Trial 315 (2) Communication With Adverse Witnesses 317 (3) Acceptance of ``Questionable Cases''; the ``Guilty'' Client 320 (5) Delay 325 (1) The Lying Client or Witness 326 (1) The Problem 326 (1) The Alternatives 327 (1) Refuse to Call the Intended Perjurer as a Witness 327 (1) Withdraw From Representation 328 (2) ABA Standards Relating to the Administration of Criminal Justice: The Defense Function 330 (2) The Model Rules 332 (3) Nix v. …”
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    Principles of alternative dispute resolution / por Ware, Stephen J.

    Publicado 2007
    Tabla de Contenidos: “…Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? …”
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