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A comprehensive comparative analysis of company law in the UK, US, France, and Germany. The book covers the life span of a company, from formation to eventual dissolution, and offers detailed explanations of each stage alongside extracts from important court decisions that show how the law works in practice in each jurisdiction.

A comprehensive comparative analysis of company law in the UK, US, France, and Germany. The book covers the life span of a company, from formation to eventual dissolution, and offers detailed explanations of each stage alongside extracts from important court decisions that show how the law works in practice in each jurisdiction.

Gerner-Beuerle Carsten: Comparative
Company Law

Comparative Company Law

<ul><li>PART 1: THE BUSINESS CORPORATION AS A LEGAL INSTITUTION</li> <li>1: Emergence of the Business Corporation</li> <li>2: European and International Context</li> <li>3: Nature and Formation</li> <li>PART 2: STRATEGIES TO REDUCE AGENCY COSTS BETWEEN DIRECTORS AND SHAREHOLDERS</li> <li>4: Corporate Governance Regulation</li> <li>5: Elements of Shareolder Democracy</li> <li>6: Constraints on Discretion: Part 1- Directors</li> <li>7: Constraints on Discretion: Part 2- Shareholders</li> <li>8: Enforcement</li> <li>PART 3: STRATEGIES TO REDUCE AGENCY COSTS BETWEEN THE COMPANY AND CREDITORS</li> <li>9: The Concept of Legal Capital</li> <li>10: Exceptions to the Principle of Limited Liability</li> <li>11: Dissolution and Corporate Insolvency</li> <li>PART 1: THE BUSINESS CORPORATION AS A LEGAL INSTITUTION</li> <li>1: Emergence of the Business Corporation</li> <li>2: European and International Context</li> <li>3: Nature and Formation</li> <li>PART 2: STRATEGIES TO REDUCE AGENCY COSTS BETWEEN DIRECTORS AND SHAREHOLDERS</li> <li>4: Corporate Governance Regulation</li> <li>5: Elements of Shareholder Democracy</li> <li>6: Constraints on Discretion: Part 1 - Directors</li> <li>7: Constraints on Discretion: Part 2 - Shareholders</li> <li>8: Enforcement</li> <li>PART 3: STRATEGIES TO REDUCE AGENCY COSTS BETWEEN THE COMPANY AND CREDITORS</li> <li>9: The Concept of Legal Capital</li> <li>10: Exceptions to the Principle of Limited Liability</li> <li>11: Dissolution and Corporate Insolvency</li> </ul>

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

Routledge Research in Legal Philosophy

This book presents empirical research uncovering the views and experiences of Polish judges regarding the utilization of empathy in their work. It offers an in-depth examination of judges' opinions, collected through an empirical study involving in-depth interviews.

Insights from the Bench

Judges, Decision Making and Empathy

This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. The book's discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France.

Miscarriages of justice and their causes are an endemic part of criminal justice systems the world over. This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. It presents an evaluation of varied perspectives on recognising and rectifying miscarriages of justice, and considers debates concerning Innocence projects, family campaigns and technical fault in the justice process versus innocence as desirable mechanisms for scrutinising justice flaws. The book’s discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France, thus providing an international perspective on the subject.This book will be an essential reference for students, researchers, practitioners and policy-makers working in the area of criminal justice.

Miscarriages of Justice in Contemporary Context

Routledge Contemporary Issues in Criminal Justice and Procedure

This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. It analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons.

Multi-jurisdictional Perspectives

Vulnerability, the Accused, and the Criminal Justice System

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

Cambridge Law Handbooks

This volume is the first introduction to 'experimental jurisprudence,' a growing field that addresses legal philosophy's questions with empirical methods. Leading scholars of law, philosophy, and psychology discuss vital philosophical debates about criminal law, legal interpretation, and private law, and cutting-edge topics including law and AI.

This volume is the first introduction to 'experimental jurisprudence,' a growing field that addresses legal philosophy's questions with empirical methods. Leading scholars of law, philosophy, and psychology discuss vital philosophical debates about criminal law, legal interpretation, and private law, and cutting-edge topics including law and AI.

The Cambridge Handbook of Experimental Jurisprudence

Cambridge Bioethics and Law

This book will benefit researchers and research institutions by explaining the regulatory environment for access to government held data for research. The book will also be valuable to government policy makers and decision-makers around the world by providing comparative examples of global best practice to guide reform.

This book will benefit researchers and research institutions by explaining the regulatory environment for access to government held data for research. The book will also be valuable to government policy makers and decision-makers around the world by providing comparative examples of global best practice to guide reform.

Toward Better Decision Making

Sharing Linked Data for Health Research

The first book to analyse developments in English corporate restructuring law, exploring the design of domestic restructuring laws and their application in cross-border cases.

The first book to analyse developments in English corporate restructuring law, exploring the design of domestic restructuring laws and their application in cross-border cases.

Corporate Restructuring Law in Flux

IMLI Studies in International Maritime Law

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

A comparative perspective

Laytime and Demurrage

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English), complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Comparative Company Law

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