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An introduction to positive economics по Richard G. Lipsey

Manufacturers' liability for defective goods по Hewitt, Stephen W.

The science of jurisprudence : a treatise in which the growth of positive law is unfolded by the historical method and its elements classified and defined by the analytical / по Taylor, Hannis

The science of jurisprudence : a treatise in which the growth of positive law is unfolded by the historical method and its elements classified and defined by the analytical / по Taylor, Hannis

Manager's guide to marketing, advertising, and publicity / по Callen, Barry

Morphology : from data to theories / по Fábregas, Antonio

Principles of alternative dispute resolution / по Ware, Stephen J.

Оглавление: “...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? ...”

The law and practice of documentary letters of credit / по Ellinger, E. P.

Encounter images in the meetings between Africa and Europe /

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Tensions within the internal market : the functioning of the internal market and the development of horizontal and flanking policies / по Vries, Sybe Alexander de

Оглавление: “...Acknowledgements Introduction The origin of this study: tensions within the internal market 3 (3) The purpose, central question and background of this study 6 (1) Horizontal and flanking policies and the internal market: defining and delimiting the topic 7 (8) Horizontal and flanking policies 8 (4) The internal market 12 (3) The relevant general principles of Community law 15 (9) The principle of proportionality 15 (2) The principle of Community loyalty 17 (1) The integration principle 18 (6) The plan 24 (3) The Application of the Free Movement Rules Introduction 27 (1) The material, personal and territorial scope of the free movement rules 27 (10) The material scope 28 (1) In general 28 (2) Horizontal and flanking activities 30 (3) The personal scope 33 (3) The territorial scope 36 (1) Conclusions 37 (1) The application of the free movement rules: the prohibitions 37 (12) The prohibition: towards market access 38 (1) Indistinctly applicable measures 38 (1) Towards a market access based test 39 (2) Selling arrangements 41 (3) Inherent restrictions 44 (2) Article 29 EC and the exportation of goods 46 (1) Tariff barriers 47 (1) Article 25 EC 47 (1) Article 90 EC 47 (1) Conclusions 48 (1) The application of the free movement rules: the exceptions 49 (50) The scope of the Treaty exceptions 49 (1) Overriding requirements of public interest 50 (1) Conditions for invoking the exceptions 51 (1) No harmonisation measure 52 (1) Non-economic interests 52 (3) Proportionality 55 (2) The protection of horizontal and flanking policy interests 57 (1) The protection of the environment 57 (1) The protection of health and life of humans, animals or plants: Article 30 EC 58 (1) The protection of the environment as overriding requirement of public interest 59 (1) The condition that environmental measures should apply without distinction 59 (3) The proportionality test: the assessment of environmental measures 62 (4) The protection of consumers 66 (1) The protection of health and safety of consumers 66 (1) The protection of consumers as overriding requirement of public interest 66 (2) The condition that consumer protection measures should apply without distinction 68 (2) The proportionality test: the assessment of consumer protection measures 70 (7) The protection of public health 77 (1) The protection of public health as Treaty exception 77 (1) The safeguarding of the financial stability of a health care system as overriding requirement of public interest 78 (1) (No) condition that health measures should apply without distinction 79 (2) The proportionality test: the assessment of public health measures 81 (4) The protection of culture 85 (1) The protection of national treasures possessing artistic, historic or archaeological value: Article 30 EC 85 (3) Culture and public policy: Article 46 EC 88 (1) Culture as overriding requirement of public interest 89 (1) (No) condition that cultural measures should apply without distinction 89 (4) The proportionality test: the assessment of cultural measures 93 (3) Conclusions 96 (3) The Application of the Competition Rules Introduction: the growing relevance of competition law 99 (2) In general: the material, personal and territorial scope of the competition rules 101 (14) The material scope 101 (3) The personal scope 104 (1) The concept of undertaking in general 104 (3) Horizontal and flanking activities 107 (6) The territorial scope 113 (2) Conclusions 115 (1) The application of the competition rules and the Member States 115 (66) Article 87 EC: the prohibition on state aids 115 (1) The grant of aid for horizontal and flanking policy reasons 116 (1) The scope of Article 87(1) EC: the concept of aid in relation to `normal undertakings' 117 (7) The scope of Article 87(1) EC: the concept of aid in relation to `public service undertakings' 124 (9) The distortion of competition and trade 133 (4) The exceptions: state aids that can be justified for horizontal and flanking policy reasons 137 (1) The scope of Articles 87(2) and 87(3) EC 137 (3) The environment 140 (4) Consumer protection 144 (1) Public health 145 (4) Culture 149 (4) Conclusions 153 (1) Article 86 EC: public undertakings and exclusive rights 153 (1) The scope of Article 86(1) EC: the concept of exclusive rights in relation to horizontal and flanking activities 154 (1) Exclusive rights and the competition rules: different approaches in the case law 155 (4) Article 86(2) EC: the justification for public service undertakings 159 (1) The scope of Article 86(2) EC in general 159 (6) The environment 165 (2) Consumer protection 167 (1) Public health 168 (1) Culture 169 (2) Conclusions 171 (1) Articles 3(1) sub g, 10 and 81 & 82 EC 172 (1) The useful effect doctrine 172 (5) Exceptions 177 (2) The relevance of the useful effect doctrine for national competition authorities 179 (2) Conclusions 181 (1) The application of the competition rules and undertakings 181 (66) Article 81 EC: the cartel prohibition 182 (1) Introduction 182 (1) Article 81(1) EC: the restriction of competition 183 (1) The object or effect to restrict competition 183 (3) Appreciability or De minimis 186 (3) The rule of reason 189 (2) Inherent restrictions 191 (7) Exemptions: restrictive practices that can be justified for horizontal and flanking policy reasons 198 (1) The scope of Article 81(3) EC 198 (5) The environment 203 (5) Consumer protection 208 (2) Public health 210 (4) Culture 214 (5) Conclusions 219 (2) Article 82: the prohibition on abuse of a dominant position 221 (1) The scope of Article 82 EC: abusive behaviour and horizontal and flanking policy considerations 221 (1) The abuse of a dominant position 222 (1) Dominance 223 (2) Abuse 225 (5) The objective justification 230 (1) Conclusions 231 (1) Merger Regulation 139/2004 232 (1) The scope of the Merger Regulation in relation to horizontal and flanking policies 232 (1) The appraisal of concentrations 233 (1) Dominance 234 (1) A significant impediment of competition 235 (5) Exceptions: legitimate public interests in Article 21(4) of the Merger Regulation 240 (2) Conclusions 242 (5) Harmonisation of Horizontal and Flanking Policies Introduction 247 (2) No `real' harmonisation of national legislation 249 (4) Harmonisation techniques 253 (7) Total harmonisation 253 (1) Minimum harmonisation 254 (5) The `New Approach' 259 (1) Harmonisation within the framework of the internal market 260 (37) Introduction 260 (1) Legal bases for harmonisation within the context of the Internal Market 261 (1) Article 95 EC 262 (1) Articles 47(2), 55 and 57 EC 262 (3) Article 308 EC 265 (2) Snus, Cigarettes and commercials: the potential and limits of harmonisation on the basis of internal market provisions 267 (7) Harmonisation of national horizontal and flanking policies on the basis of internal market legal bases 274 (1) Environmental policy and the internal market 274 (4) Consumer policy and the internal market 278 (6) Public health and the internal market 284 (1) Public health stricto sensu 285 (3) Health care 288 (2) Cultural policy and the internal market 290 (6) Conclusions 296 (1) Harmonisation beyond the internal market: specific legal bases 297 (14) Environmental policy as horizontal and flanking policy 298 (1) The legal basis for environmental policy 298 (1) An example of a harmonisation measure: the Transfer of Waste Regulation 299 (2) Consumer policy as horizontal and flanking policy 301 (1) The legal basis for consumer policy 301 (2) Measures adopted on the basis of Article 153 EC 303 (2) Public health policy as horizontal and flanking policy 305 (1) The legal basis for public health policy 305 (1) Measures adopted on the basis of Article 152 EC 306 (2) Cultural policy 308 (1) The legal basis for cultural policy 308 (1) Measures adopted on the basis of Article 151 EC 309 (2) Conclusions 311 (1) Harmonisation and free movement 311 (8) Towards a Synthesis Introduction 319 (1) Free movement 319 (6) Negative integration 320 (1) Prohibitive rules 320 (1) Exceptions 321 (1) Positive integration 322 (1) Harmonisation contributes to solving the problem of tension 322 (1) Minimum harmonisation 323 (1) Total harmonisation 324 (1) A wide margin of discretion of the community legislature to pursue horizontal and flanking policy interests 324 (1) Competition and the Member States 325 (3) Articles 86 and 87 EC 325 (1) The prohibitive rules 325 (1) Exceptions 326 (1) Community measures: no positive integration 327 (1) Competition and undertakings 328 (3) Articles 81, 82 EC and Merger Control 328 (1) The prohibitive rules 328 (1) Exceptions 329 (2) Community measures: no positive integration 331 (1) Coherence or convergence? ...”

Investment analysis and portfolio management по Ranganatham, M.

Оглавление: “...Asset Valuation Yield Valuation Member Valuation Valuation of Private Companies Summary Concepts Short Questions Essay Questions Problems Case Study Chapter 8: Derivatives and Their Valuation Understanding Risk Define Risk Policy Risk Measurement Risk Control Control of Price Risk Control of Operating Risk Hedging Instruments Forward Contracts Futures Contracts Forward/Futures Contracts Options Trading in the Futures Contract Daily Margins Maintenance Margins Initial Margins Spread Positions Concept of Basis in Futures Market Financial Futures Stock Index Futures Interest Rate Futures Currency Forward Currency Futures Example-Financial Futures Example-Stock Index Futures Hedge Ratios Hedge Positions for a Portfolio Option Call Option The Profit/Loss Profile at Expiry The Profit/Loss Profile Prior to Expiry Put Options The Profit/Loss Profile at Expiry The Profit/Loss Profile Prior to Expiry Writing Options Exotic Options Warrants Convertible Bonds Swaps Equity Swaps Valuation of Instruments Pricing Futures Stock Index Futures Prices The Black-Scholes Option Pricing Model Variations on the Basic Black-Scholes Mo European-style Call Options on Dividend Paying Shares European-style Call Options on Stock Index European-style Call Options on Futures Valuing an European-style Put Option Computing Volatility Computing Implied Volatility Binomial Option Pricing Model Incorporating Time Value and Dividend Flows Summary Concepts Short Questions Essay Questions Problems Case Study Chapter 9: Fundamental Analysis I: Economic Analysis Economic Analysis Tools for Economic Analysis Gross Domestic Product Consumption Spending Investment Spending. ...”

Constitutional government and democracy : theory and practice in Europe and America по Friedrich, Carl J.

Оглавление: “...Parliaments as representative assemblies : John Stuart Mill's position ; Representation as integration ; The importance of party structure for the work of parliaments ; Procedure and parties ; Social composition and membership ; Professionalization ; Second chambers ; Federal representative assemblies ; The representativeness of representative assemblies: early studies 4. ...”

Economics : private & public choice / по Gwartney, James D.

Оглавление: “...5 (1) Outstanding Economist The Importance of Adam Smith, the Father of Economic Science 6 (1) Economics at the Movies Ferris Bueller's Day Off (1986) 6 (4) The Economic Way of Thinking 10 (7) Positive and Normative Economics 17 (1) Pitfalls to Avoid in Economic Thinking 17 (3) Economics as a Career 20 (1) Key Points 20 (1) Critical Analysis Questions 21 (2) Addendum Understanding Graphs 23 (6) Some Tools of the Economist 29 (25) What Shall We Give Up? ...”