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This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
A perspective on the public sector that presents a concise and comprehensive analysis of exactly what it is and how it operates. Governments in any society deliver a large number of services and goods to their populations. To get the job done, they need public management in order to steer resources – employees, money and laws – into policy outputs and outcomes. In well-ordered societies the teams who work for the state work under a rule-of-law framework, known as public administration. This book covers the key issues of: the principal-agent framework and the public sector public principals and their agents the economic reasons of government public organization, incentives and rationality in government the essence of public administration: legality and the rule of law public policy criteria: the Cambridge and Chicago positions public teams and private teams public firms public insurance public management policy Public Administration & Public Management is essential reading for those with professional and research interests in public administration and public management.
Effective police organizations are run with sound leadership and management strategies that take into account the myriad of challenges that confront today‘s law enforcement professionals. Principles of Leadership and Management in Law Enforcement is a comprehensive and accessible textbook exploring critical issues of leadership within police agenci
This article suggests a shift in how we think about agency. The essential function of agency law lies not in enabling the delegation of authority, as is widely suggested, but more significantly in its effect on creditors' rights through asset partitioning. Most of what agency law does in commerce could be accomplished through standard-form contracts, providing default terms for the relationships among firms, their managers, and third parties. Even agency's much-vaunted fiduciary duties are easily altered or waived by contract. This article identifies the role agency law plays that parties could not contractually replicate. This role is asset partitioning: Just as limited liability and organizational law partition off the assets of a firm's owners from the assets of the firm itself, agency law partitions off the assets and liabilities of a firm's managers from the firm's own assets. Asset partitioning shows that whether owners or managers should be liable for a firm's unpaid contracts is not a win-lose distributional question, but can be socially efficient. Through simplifying and specializing asset pools, asset partitioning lowers the cost of monitoring the firm's assets and thus the cost of credit. More generally, legal personality enables the parties that control a firm (its owners and managers) to contribute financial and human capital to the firm, while maintaining a separation between their assets and liabilities and the assets and liabilities of the firm itself.
This new work provides a useful and accessible reminder of the principles of agency law for experienced practitioners, as well as an invaluable guide for students looking for an approachable text on this topic.
Managing Criminal Justice Organizations: An Introduction to Theory and Practice, 3rd Edition, covers the formal and informal nature of the organizations involved in criminal justice. Kania and Davis provide an introduction to the administration, organization, and management of criminal justice organizations. This management aspect is the key to ensuring the proper running of criminal justice agencies in their efforts to combat crime. The book begins by discussing the eight principles of public management: leading, organizing, deciding, evaluating, staffing, training, allocating, and reporting. It then describes management positions in criminal justice. These include police and law enforcement management; managing the prosecution of criminal suspects; managing bail, bond, and pretrial detention services; managing victim and witness services; managing the judicial system; and managing adult corrections. The remaining chapters cover the pioneers and predecessors of modern public service management theory; leadership in criminal justice; bureaucracies and organizational principles; decision making and planning; performance evaluation, appraisal , and assessment; staffing and personnel issues; training and education for criminal justice; allocation of organizational resources; information management and organizational communications; and future issues in criminal justice management. This text is suitable for introductory criminal justice management courses, preparing students to work in law enforcement, corrections, and the courts. The companion website offers case studies, test banks, lecture slides, and handouts, exercises and forms for use in class.
This short, self-teaching paperback is a superb way to give your students substantive foundation covering all agency and partnership issues. Use it to efficiently manage class time in your Corporations, Business Associations, or Agency and Partnership courses by allowing students to learn key concepts on their own. As part of the Little, Brown Examples and Explanations Series, AGENCY AND PARTNERSHIP: Examples and Explanations combines clear, accessible text with analytical problems and explanations to allow students to test their understanding of the material. The author devotes the first six chapters to coverage of agency And The latter five to partnership. Each chapter progresses from simple to more detailed problem to reinforce learning and give students practice with more complex issues. Other helpful features include: -diagrams that enhance textual discussion -thumbnail lists of key issues regarding RUPA -clear readable format Whether you teach a combination course or a separate Agency and partnership course, give your students a solid background in this important are. Assign or recommend AGENCY AND PARTNERSHIP:Examples and Explanations! Table of Contents Preface Introduction Special Notice PART ONE: AGENCY 1: Introductory Concepts in the Law of Agency 1.1 the Agency Relationship Defined and Exemplified; Its Players Identified 1.2 Creation of the Agency Relationship 1.3 the Relationship of Agency and Contract 1.4 Major Issues in the Law of Agency 2: Binding Principals to Third Parties in Contract and Through Communications 2.1 'Binding the Principal' 2.2 Actual Authority 2.3 Apparent Authority 2.4 Estoppel 2.5 Inherent Agency Power 2.6 Ratification 2.7 Chains of Authority 3: Binding the Principal in Tort 3.1 Overview 3.2 Respondeat Superior 3.3 Liability for Physical Harm Beyond Respondeat Superior 3.4 Torts Not Involving Physical Harm 3.5 Attributing Torts in Complex or Multilevel Relationships 4: Duties and Obligations of Agents and Principals to Each Other and to Third Parties 4.1 Duties and Obligations of the Agent To The Principal 4.2 Duties and Obligations of the Agent to Third Parties 4.3 Duties and Obligations of the Principal To The Agent 4.4 Duties and Obligations of the Principal to Third Parties 5: Termination of the Agency Relationship 5.1 Ending the Agency Relationship 5.2 Power Versus Right in Termination 5.3 Effects of Termination 6: Distinguishing Agency from Other Relationships 6.1 Agency and Other Beneficial Relationships 6.2 Ersatz Agency 6.3 Constructive Agency PART TWO: PARTNERSHIPS 7: Introductory Concepts in the Law of General Partnerships 7.1 the Role and Structure of the Uniform Partnership Act 7.2 Partnership Described 7.3 the Hallmark Consequence of Partnership: Partners' Personal Liability For The Partnership's Debts 7.4 Contesting and Establishing the Existence of a Partnership 7.5 Partnership by Estoppel RUPA Highlights 8: Financial Aspects of a Partnership (Creation and Operation) 8.1 the Practical Background 8.2 the Partner's Basic Return 8.3 Rules for Sharing Profits and Losses 8.4 A Partner's Right to Indemnity 8.5 Remuneration for Labor Provided by Partners To The Partnership 8.6 Remuneration for Capital Provided by Partners To The Partnership 8.7 Special Problems with K-and-L Partnerships 8.8 Property Interests in Partnership Law RUPA Highlights 9: Management Issues and Fiduciary Duties 9.1 the Panoply of Management Rights 9.2 the Right to Know 9.3 the Right to Be Involved in the Business 9.4 the Right to Bind the Partnership 9.5 the Right to Participate in Decision Making and to Veto Some Decisions 9.6 Agreements That Change Management Rights 9.7 Management Duties 9.8 Partner's Fiduciary Du
Modern perspectives of law enforcement are both complex and diverse. They integrate management and statistical analysis functions, public and business administration functions, and applications of psychology, natural science, physical fitness, and marksmanship. They also assimilate theories of education, organizational behavior, economics, law and public policy, and many others. Modern law enforcement is a blend of both theoretical knowledge and applied practice that continuously changes through time. With contributions by nine authors offering a diverse presentation, Introduction to Law Enforcement goes beyond the linear perspective found in most law enforcement texts and offers multiple perspectives and discussions regarding both private and public entities. Through this approach, readers gain an understanding of several dimensions of the subject matter. Topics discussed include: Contemporary crime trends Policing ethics Law enforcement history The functions of modern law enforcement agencies Homeland security Public service Human resources The path of a case from arrest through incarceration and post-release Local, state, regional, federal, and tribal law enforcement agencies Private enforcement organizations Adaptable across a wide range of learning environments, the book uses a convenient format organized by agency type. Pedagogical features include learning objectives, case studies, and discussion questions to facilitate reader assimilation of the material. Comprehensive in scope, the text presents a robust consideration of the law enforcement domain.