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Admiralty Record(R) Volume 9 (2021)

Building a New Legal Framework

Foetal Tissue Governance

Maritime and Transport Law Library

Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.The book's format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.The book is directly relevant to a broad range of parties which includes lawyers, academics, P &amp; I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.The current law and cases have been verified up to June 2026.

Criminalisation of the Ship’s Master

Responsibility and Accountability in Maritime Law

Legal Research: Take the law into your own hands. Do you have a legal problem but don't know where to find the law? Legal Research gives you the skills to find the answers--fast. Legal Research is the only comprehensive, plain-English guide to legal research written for nonlawyers. Whether you're handling a personal legal matter, running a business, studying for a legal career, or just need to understand a law that affects you, this fully updated edition walks you through every step of the research process. You'll learn how to: <ul> <li>locate statutes, regulations, and court decisions at the federal, state, and local levels</li> <li>research legal questions online using free websites and reliable legal databases</li> <li>ensure your research is current so you're always relying on good law, and</li> <li>organize your results and draft a professional legal memorandum for school, work, or court.</li> </ul> Topics covered include: <ul> <li>understanding the basics of case law, statutory law, administrative law, and constitutional law</li> <li>identifying your legal issue and choosing the right resources</li> <li>finding and using secondary sources, including legal encyclopedias, treatises, law reviews, and practice manuals</li> <li>locating and using federal and state statutes, regulations, and local ordinances</li> <li>finding, reading, and Shepardizing case law, and</li> <li>validating your research and organizing it into a legal memorandum.</li> </ul> Legal Research also teaches you how to narrow your results so you won't drown in an information flood, whether you're working in a law library or researching online.

How to Find & Understand the Law

Legal Research

Hart Studies in Commercial and Financial Law

This book provides a detailed analysis of two UNCITRAL texts: the Model Law on Electronic Transferable Records (MLETR) and the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services (MLIT). The MLETR is the legal tool that enables the use of trade documents such as bills of lading and promissory notes in electronic form. The book discusses core MLETR provisions such as those on scope of application, functional equivalence, and reliability standards. It illustrates national variations in enactment techniques and substantive content, including in France, Singapore, and the United Kingdom. The MLIT provides the legal framework to manage identity management and trust services, including electronic signatures. The book explains the different approaches to giving legal recognition and effect to identity management and trust services, both domestically and across borders. It discusses the legal framework to accommodate functions and needs of identity management, describes trust services against the background of pre-existing UNCITRAL texts, and takes into account the revised EU eIDAS Regulation. Providing an article-by-article commentary as well as an overview of implementation trends, the book is a fundamental resource for commercial, maritime and banking lawyers, digital economy policymakers, legislative drafters, supply chain management and paperless trade specialists, and for anyone interested in understanding the legal aspects of the transition from documents to data in trade.

Electronic Transferable Records, Digital Identity and Trust Services

Uncitral Model Laws on Digital Trade

A Cumulative Accountability Model for Transnational Arms Transfers

The Arms Trade, Corporate Accountability and International Law

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

Volume 1 (2026)

Central Asia Yearbook on International Law

If you want to know more about living trusts, this book is here to help. Make Your Living Trust gives you straightforward and easy-to-understand information about how living trusts: <ul> <li>compare to wills</li> <li>pass property to beneficiaries without probate</li> <li>provide for minor children, and</li> <li>help protect against unexpected incapacity.</li> </ul> You might have heard about living trusts and have a general sense that you should make one. But if you're like most people, you're not exactly sure why or how to do it. If this sounds like you, Make Your Living Trust provides the information and support you need to make informed estate planning decisions. For many people, living trusts are a useful tool to keep their property out of probate. This makes a lot of sense because probate often makes the process of wrapping up an estate more complicated and expensive than it needs to be. And there are other reasons to make a living trust -- a living trust allows you to authorize someone to take care of your property in case of incapacity, and (unlike wills) living trusts keep your personal business private. That said, not everyone needs a living trust. Many people need only a will and a durable power of attorney. Others might use those in conjunction with pay-on-death accounts or transfer-on-death deeds. Compared to other estate planning tools, living trusts can be more expensive to create and more complicated to live with. So, you don't want to go through the trouble and expense of making one if you don't need to. Make Your Living Trust helps you think through these and many other trust-related issues. For example, it helps you weigh the pros and cons of making a living trust yourself versus having an attorney draw one up. It also covers questions that might come up as you make a living trust (with or without a lawyer), like: <ul> <li>What types of property work well in a living trust?</li> <li>Can you and your spouse make a living trust together?</li> <li>What is the role of a successor trustee?</li> <li>Who decides when minor children receive their inheritance?</li> <li>How do you transfer property into your living trust?</li> <li>What makes a living trust legal?</li> <li>Where should you store your living trust?</li> <li>Do you have to register your trust or share it with your family?</li> <li>What other estate planning documents might you need?</li> </ul> Make Your Living Trust can help with all of this and more. It will be your steady companion as you learn about wills and trusts and start to craft your estate plan.

Make Your Living Trust

This book discusses the 'theory of dematerialised property', a constructivist property theory that applies to tangible and intangible property alike. It explains the way in which this theory regards 'property' as a creation of the law, whereby the property object (res) is a normative conception brought into existence by the property rights in it, and an actual corporeal thing is merely a practical incidence of the abstract-normative idea of the property object. The discussion of dematerialised property is founded on a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different Common law and Civil law property systems. The concept of dematerialised property serves as a good theoretical basis for explaining and defining forms of tangible and particularly intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in law and in political philosophy, such as the classical theories by Grotius, Pufendorf, Locke and Hegel, and it revisits modern legal theories of property. It then deals with economic, sociological and psychological dimensions of property which are behind the legal concept of property, aspects that are generally disregarded in traditional texts on property theory.

Theories about the Nature and Concept of Property

The Laws of Property

For much of the past century, with the U.S. considered the world leader in innovation, its economic growth based on continued creative contributions from its citizens was a given. But this privileged position is under threat. In recent years, the U.S. has lagged behind other countries on several innovation measures, and including an ability to compete against international cities for venture-capital backed startups and creative talent. The arrival of AI only adds urgency to the questions of whether the U.S. will continue to be an innovation leader, and whether that leadership will advance human flourishing. &nbsp;&nbsp;The Creativity Tax draws on neuroscience, psychology, economics, law, and public policy to make the case that reducing poverty and inequality through a federal guaranteed income is the missing key to unlocking our collective creative potential and expanding our innovative capacity. It explains how policy inaction in addressing poverty and inequality is taxing our innovative capacities in ways that threaten our continued ability to produce high quality, socially beneficial innovation. The book also reveals how these questions of innovation leadership are deeply entwined with questions of who gets to innovate in this country and what kinds of innovation is produced—innovation for innovation's sake that benefits a few, or truly useful innovation that advances human flourishing. &nbsp;&nbsp;Synthesizing a broad range of scholarship, Stephanie Plamondon makes a novel argument for addressing poverty and inequality, not only as a matter of social welfare policy, but also for our nation's continued progress as an innovation leader.

How Poverty and Inequality Silence Innovation, and How to Fix It

The Creativity Tax

Volume 22, 2024

New Zealand Yearbook of International Law

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Admiralty Record(R) Volume 9 (2021)

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