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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? This, the fifth book in the series, offers a historical and conceptual account of the development of the modern criminal law in England and as it has spread to common law jurisdictions around the world. The book offers a historical perspective on the development of theories of criminalization. It shows how the emergence of theories of criminalization is inextricably linked to modern understandings of the criminal law as a conceptually distinct body of rules, and how this in turn has been shaped by the changing functions of criminal law as an instrument of government in the modern state. The book is structured in two main parts. The first traces the development of the modern law as a distinct, and conceptually distinct body of rules, looking in particular at ideas of jurisdiction, codification and responsibility. The second part then engages in detailed analysis of specific areas of criminal law, focusing on patterns of criminalization in relation to property, the person, and sexual conduct.
Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.
The consultation paper Fiduciary Duties of Investments Intermediaries: A Consultation Paper follows on from the Kay Report on UK Equity Markets and Long Term Decision Making (see below), and uses pensions as the example, tracing a chain of intermediaries from the prospective pensioner/saver to the registered shareholder of a UK company. There are well established duties on pension trustees to act in the best interests of scheme members, and it looks at how far these duties require trustees to maximize financial return over a short time scale, and how far trustees can consider other factors such as environmental and social impact. The consultation asks: Whether the law is right to allow trustees to consider ethical issues only in limited circumstances? Whether the legal obligations on trustees are conducive to investment strategies in the best interests of the ultimate beneficiaries? and if not, what specifically ne
Fully updated and revised, this comprehensive and informative textbook provides readers with an overview of current consumer sales law and equips them with a view of how this fast-changing subject has, and will continue to develop through the inclusion of new reform proposals. This book analyzes the interaction of consumer sales law with politics, the appeal of consumer protection to politicians and the influence of the European Union and the EU Directives. It also discusses the removal of consumer sales law from its traditional realm of legal professionals to consumer and debt advisors and public officials with the power to seek injunctions to protect consumers. In addition to this, it: fully integrates both the Unfair Commercial Practices Directive 2005 and the Consumer Credit Act 2006 into the basic 1974 Act explains how the sale of Goods Act 1979 has been modified by the 1999 Directive combines the public protection of consumers under the Enterprise Act 2002 (e.g. Office of Fair Trading) is supplemented by comprehensive e-updates on its Companion Website, keeping the content current between editions. Written by an author with forty years experience of teaching sales and finance law to undergraduates, this textbook is an essential tool for all undergraduates studying commercial and consumer sales law.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
Market abuse and insider dealing remains and always has been a real concern for all those that operate in the financial sector. Some of the earliest laws relating to trade outlaw attempts to artificially interfere with the proper functions of the markets and ensure fairness. With recent changes to both the UK and European regimes the line between what is normal (and sensible) business practice and what may now be classified as market abuse is becoming increasingly fine. This raises questions about communications between financial institutions and investors, and about corporate and analyst access. Market Abuse and Insider Dealing provides guidance on and explanation of the range of potential legal and regulatory responses to this complex area of law. Providing a thorough analysis and assessment of the law relating to market abuse and insider dealing, the new fourth edition includes: - analysis of the impact of Brexit - significant new case law and legislation including MiFID II; Money Laundering Regulations 2017; the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; Criminal Finances Act 2017 with Unexplained Wealth Orders; The Fifth Money Laundering Directive - the new Corporate Governance Code - new content on: control and senior managers' responsibility/liability; the FCAs competition law jurisdiction where it is appropriate to do so in relation to market abuse; a new table of UK decided market abuse cases This title is included in Bloomsbury Professional's Banking and Finance Law online service.
Forensic Botany: A Practical Guide is an accessible introduction to the way in which botanical evidence is identified, collected and analysed in criminal cases. Increasingly this form of evidence is becoming more important in forensic investigation and yet there are few trained botanists able to assist in such cases. This book is intended to show how useful simple collection methods and standard plant analysis can be in the course of such investigations and is written in a clear and accessible manner to enhance understanding of the subject for the non-specialist. Clearly structured throughout, this book combines well known collection techniques in a field oriented format that can be used for casework. Collection of evidence differs from formal plant collection in that most professional plant collectors are gathering entire plants or significant portions of a plant for permanent storage and reference. Evidence frequently consists of fragments, sometimes exceedingly tiny. Exemplars (examples of reference plants) are collections of plants made in the manner a botanist would collect them. These collections are necessary to link or exclude evidence to or from a scene. Various methods that allow easy collection, transportation, and preservation of evidence are detailed throughout the book. This book is written for those who have no formal background working with plants. It can be used as a practical guide for students taking forensic science courses, law enforcement training, legal courses, and as a template for plant collection at any scene where plants occur and where rules or laws are involved. Veterinarians, various environmental agencies, anthropologists, and archeologists are examples of disciplines that are more recently in need of plant evidence. Veterinarians are becoming more active in pursuing cases of animals that have been abused or are victims of illegal killing. Anthropologists and archeologists are often called to help with body recovery in outdoor environments. Environmental agencies are increasingly forced to adopt rules for resource protection, are in need of a guide for procedures for plant evidence collection and application. The format of the book is designed to present the reader with all the information needed to conduct a botanical analysis of a crime scene; to highlight the forensic significance of the botanical evidence that may be present; how to collect that evidence in the correct manner and preserve and store that evidence appropriately- also shows how to conduct a laboratory analysis of the plants.