Administrative jurisdiction and public administration Books

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Book SynopsisColorado's legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado's legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states' rights. Unusual as this may seem, this has happened beforein the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states' rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

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Book SynopsisA defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens.Trade Review“[Rose-Ackerman] stresses that the real challenge is . . . to establish a public law that enhances the democratic accountability of bureaucrats and political appointees. . . . This book is a valuable advance in specificity with respect to principles and instruments [of executive policymaking]. . . . It will be of equal value to public lawyers and other social scientists interested in government.”—Giacinto della Cananea, French Yearbook of Public Law“Makes an important case in favour of a more developed administrative law systems underlying a balanced participatory decision-making framework. . . . The book invites deep reflections on how administrative law can be refined in this sense and calls on comparative legal scholarship to analyse and address how those questions have been dealt with across the globe . . . [and] is to be read and discussed widely, both by theorists and practitioners of administrative law and by social planners looking to enhance the accountability of executive decision-making.”—Pieter van Cleynenbreughel, British Association of Comparative LawWinner of the 2022 Gustav Ranis International Prize for Best Book, sponsored by Yale MacMillan Center“Susan Rose-Ackerman has produced a valuable and insightful work that considers endemic issues of policy making accountability by the executive and the role of public participation in executive rule making in four countries.”—Paul Craig, St John’s College“Given the precarious state of popular trust in government across the globe, this exceptional exploration of how four advanced democracies pursue legitimacy in the bureaucratic implementation of regulatory law makes an invaluable contribution.”—Peter M. Shane, author of Madison’s Nightmare: How Executive Power Threatens American Democracy“Capstone of Susan Rose-Ackerman’s influential writings about comparative administrative law, her remarkable exploration of the democratic accountability of administrative governance in France, Germany, the UK and the US brings fresh and important understanding to the interactions among forms of government, the rule of law, and the contemporary urgency of maintaining democratic institutions.”—Peter Strauss, author of Administrative Justice in the United States“Democracy and Executive Power reflects decades of Susan Rose-Ackerman’s profound thinking about how the rule of law, accountability, democracy, and participation relate to how most law is made in the world’s four most influential legal systems. Her argument is at once pro-bureaucratic, pro-legal, and pro-democratic. The book is essential reading for those seeking to understand and reform executive rule-making in any democracy.”—Jeff King, University College London

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Book SynopsisThis book interweaves an authoritative authorial commentary â significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law.This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) âBlack Spider memosâ case is considered in a number of chapters. The common law rightTable of Contents1. Constitutional Theory and the British Constitution after Devolution. 2. The Nature and Role of Constitutional Conventions. 3. The Rule of Law and the Separation of Powers. 4. Parliamentary Sovereignty. 5. The European Union and Parliamentary Sovereignty. 6. Devolution. 7. The European Convention on Human Rights. 8. The Commons: Elections, Parties, Legislation and Scrutiny. 9. The House of Lords and Reform. 10. Parliamentary Privilege. 11. Prerogative Powers. 12. The Central Executive: Structures and Accountability. 13. Official Secrecy and Access to Information. 14. Judicial Review: Availability, Applicability, Procedural Exclusivity. 15. Grounds of Judicial Review. 16. Ombudsmen. 17. The Traditional Protection of Civil Liberties in Britain and the Impact of the Human Rights Act 1998. 18. Freedom of Expression. 19. Freedom of Assembly, Public Protest and Public Order. 20. Police Powers.

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Book SynopsisPart of a series designed to explore the role of law in structuring human relationships, this collection of essays re-evaluates the public-private divide to examine how it affects the legal forms that shape our personal relationships.Table of ContentsIntroduction / Nathalie Des Rosiers1 There’s Only One Worker: Toward the Legal Integration of Paid Employment and Unpaid Caregiving / Lisa Philipps2 Private Needs and Public Space: Politics Poverty and Anti-Panhandling Bylaws in Canadian Cities / Damian Collins and Nicholas Blomley3 Private Life: Biotechnology and the Public-Private Divide / Nathan Brett4 Invasions of Publicity: Digital Networks and the Privatization of the Public Sphere / Darin Barney5 Green Revolution or Greenwash? Voluntary Environmental Standards, Public Law, and Private Authority in Canada / Stepan Wood6 The Emergence of Identity-Based Associations in Collective Bargaining Relations / Christian BrunelleContributorsIndex

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Book SynopsisDrawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.Trade ReviewThis book is a well researched and critical examination of how mass litigation can be used as a tool to shape public policy. -- Marshall Haughey * Saskatchewan Law Review, Vol 73 *Table of ContentsIntroduction1 Theoretical, Historical, and Legal Underpinnings2 Mass Torts and Class Action: An Overview of the Contemporary Landscape3 The Politics of Tobacco Litigation4 The Politics of Gun Litigation5 The Politics of Food Litigation6 International Developments in the Politics of Litigation7 ConclusionsNotesGeneral ReferencesCase ReferencesGeneral IndexIndex of Cases

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Book SynopsisA Culture of Justification examines how a groundbreaking case involving undercover spies and a man’s fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.Trade ReviewProfessor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process. -- Ian Mackenzie, Slaw MagazineTable of ContentsIntroduction1 Why Is Administrative Law So Complicated?2 A Deep Dive into Judicial Review3 The Dunsmuir Decade4 The Big Bang5 Vavilov Hits the Road6 Unresolved Issues after VavilovConclusionNotes; Selected Bibliography; Index of Cases; Index

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Book SynopsisA Culture of Justification examines how a groundbreaking case involving undercover spies and a man’s fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.Trade ReviewProfessor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process. -- Ian Mackenzie, Slaw MagazineTable of ContentsIntroduction1 Why Is Administrative Law So Complicated?2 A Deep Dive into Judicial Review3 The Dunsmuir Decade4 The Big Bang5 Vavilov Hits the Road6 Unresolved Issues after VavilovConclusionNotes; Selected Bibliography; Index of Cases; Index

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Book SynopsisThis book is a part of an ongoing project to publish the earlymodern manuscript law reports from the Court of Chancery during the reign of Queen Anne (17021714).This new edition triples the number of case reportscurrentlyin print, making themaccessible to scholarsfor the first time. The previously existing printed reports are not veryreliable, and they paintthe then-Lord Chancellor, Lord Harcourt,in averypoor light. This new material gives a better, unbiased,understanding of the Court of Chanceryduring this period. There are three major manuscriptcollections printed here,themost notablewrittenby WilliamMelmoth. This volume is the predecessor volume to the recently publishedChancery Reports in the Time of King George I.

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Book SynopsisThis book presents the universal issue of radioactive waste management from the perspective of the German legal system, analysing how lawmakers have responded to the problem of nuclear waste over the course of the last seventy years. In this book, Robert Rybski unwraps and explains the perplexing legal and social issues related to radioactive waste. He takes readers through the entire life-cycle': from the moment that radioactive material is classified as radioactive waste, through to the period of interim storage, and right up to its final disposal. However, this last step in radioactive waste management (that of final disposal) has not yet been achieved in Germany, or anywhere in the world, and has been the subject of hefty public debate for dozens of years. As a result, the book analyses the most recent regulations in place to enable final disposal. This book will be of interest to energy policy experts, academics and professionals who work in the area of nuclear enTable of ContentsIntroduction Chapter 1: The nuclear energy sector and its by-products Chapter 2: Storage and disposal of radioactive waste Chapter 3: Selection of a proper site for final disposal of radioactive waste Concluding remarks

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Book SynopsisMoney laundering is a global issue and there is evidence that the services provided by the legal profession may be misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UKâs anti-money laundering (AML) regime.The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspiTrade Review"Kebbell has produced an extremely well written and carefully researched monograph, which provides a unique and fascinating commentary on the relationship between the legal profession and anti-money laundering. Each chapter is well argued, comprehensively leading the reader towards an intriguing set of conclusions and recommendations."Professor Nicholas Ryder, University of the West of England.Table of Contents1 – Anti-Money Laundering and the UK Legal Profession 2 - The UK AML Regime 3 – Methodology4 - The UK AML Legislative Framework5 - The Mechanical Aspects of the UK AML Regime6 - The Suspicious Activity Reporting Regime7 - Participants` Perceptions of the UK AML Regime8 – Conclusion

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Book SynopsisLEGAL ASPECTS OF MENTAL CAPACITY A Practical Guide for Health and Social Care Professionals SECOND EDITION Praise for the first edition: Invaluable in negotiating the legal minefield that surrounds the complicated issue of mental capacity. Mental Health Practice In Dimond's Legal Aspects of Mental Capacity, we find a well-crafted reference book that goes beyond mere presentation of the law and relevant regulations. Metapsychology The Mental Capacity Act (2005) regulates decision-making processes on behalf of adults who are unable to give informed consent due to a loss in mental capacity (be that from birth or due to an illness or injury at some point in their lives). Since the act's implementation, the new Court of Protection has been firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment Table of ContentsPreface vi Acknowledgements vii Table of cases viii Table of statutes xiv Glossary xvii List of abbreviations xxii 1 Introduction: Anatomy of the Mental Capacity Act and its terms 1 2 Background to the legal system and the Mental Capacity Act 8 3 Human rights and statutory principles for governing decision making 19 4 Definition of mental capacity 31 5 Making decisions in the best interests of others 49 6 Lasting powers of attorney 77 7 Court of Protection, court-appointed deputies, the Office of the Public Guardian, and visitors 105 8 Independent mental capacity advocates 135 9 Advance decisions 163 10 Research 182 11 Protection of vulnerable adults and accountability 199 12 Children and young persons 229 13 Mental capacity and mental disorder 239 14 Deprivation of liberty safeguards 253 15 Organ and tissue removal, storage, and use 279 16 The informal carer 289 17 Implementation, resources, and Code of Practice 305 18 Wales, Scotland, and Northern Ireland 318 19 The future 330 Websites 332 Answers to quick fire quizzes 335 Recommended further reading 344 Index 346

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Book SynopsisThis groundbreaking book contributes to, and refocuses, public debates about the incorporation of plural approaches into the English legal system. The book specifically advances the recent, largely theoretical, discussions of Sharia legal practice by examining a secular method of dispute resolution as practised by the Kurdish Peace Committee in London. Following migration to the West, many Kurds still adhere to traditional values and norms. Building on these, they have adapted their customary legal practices to create unofficial legal courts and other forms of legal hybridisation. These practical solutions to the challenges of a pluralistic life are seen by Kurdish communities in the UK as applicable not only to British and transnational daily life, but also as a training ground for institutions in a possible future Kurdish state. The study provides a substantive evidence base using extensive ethnographic data about the workings of the Kurdish Peace Committee, examining detailed case sTrade Review'Dr Tas’ path-breaking empirical study of dispute processing in Britain’s Kurdish community underpins his superb book. Using case studies, ethnographic observation and rich interview material, and setting everything in historical and cultural context, he illustrates how legal pluralism can be an everyday reality for ethnic minority groups, and why state law so often does not help to solve their problems. This is essential reading for anyone interested in problems of regulating multicultural societies today.' Roger Cotterrell, Queen Mary, University of London, UK 'This insightful study illustrates the beneficial role of community cohesion, based on non-state law, in the midst of London. The rich and unique experience of the Kurdish Peace Committee, without sliding into religious dogmatism or patriarchal authoritarianism, proves the strength of living law today, engaging people’s power to settle disputes in the shadow of the state.' Werner Menski, SOAS, University of London, UK 'A ground breaking ethnographic study that provides a unique perspective into alternative dispute resolution processes and mechanisms among Kurds in the diaspora. Many have written on the history and political aspirations of Kurdish people in the past, but this is the very first study in the English language that not only challenges prevailing ways of thinking about the emergence of ethno-nationalist subjectivities and demands, particularly those dealing with the Kurdish identity, but also introduces a whole new set of methodological tools, a new epistemology and a refreshing socio-legal perspective that have been long wanting in the field of Kurdish Studies.' Yüksel Sezgin, Syracuse University, USA 'This timely book is an important contribution and offers a rare insight into the unique and hybrid system with which the diasporic Kurdish community in London deals with conflict resolution.' Welat Zeydanlioglu, Kurdish Studies Network, Sweden ’...a unique and timely contribution toTable of ContentsList of Abbreviations, Glossary, Acknowledgements, Introduction, 1 Legal Pluralism, 2 Kurds in Turkey: The Historical Background, 3 Kurds in the UK: Settlements and Processing of their Needs, 4 Marriage, Rituals and Conflicts in Kurdish Society, 5 Business and Criminal Disputes and their Customary Solutions, Concluding Thoughts, Bibliography, Index

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Book SynopsisIn a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights iTrade Review"An important contribution to a vital subject, this excellent primer on business and human rights offers valuable insight for both current and future practitioners. Recognizing the challenges and preparing effectively are vital to drive responsible and sustainable business." Paul Polman – Chief Executive Officer, Unilever "Baumann-Pauly and Nolan have written an important and ambitious book, tackling a topic that remains increasingly urgent and still understudied: how to integrate human rights concerns into global business. The editors skillfully examine the complex history of this topic and sketch out a number of realistic strategies that stakeholders can use to bring human rights issues more forcefully into the corporate environment. The book will be a useful tool for educating both future and current business leaders." Debora Spar - President, Barnard College, Columbia University, New York, USA. Table of ContentsChapter 1 The relationship of human rights to business; Business and human rights in context, JustineNolan; Making the business case for human rights: an assessment, DorothéeBaumann-Pauly, MichaelPosner; Bhopal: the saga continues 31 years on, SuryaDeva; Rana Plaza: the collapse of a factory in Bangladesh and its ramifications for the global garment industry, JustineNolan; Chapter 2 Regulatory framework and Guiding Principles; Mapping the movement: the business and human rights regulatory framework, JustineNolan; The United Nations ‘Protect, Respect, Remedy’ Framework and Guiding Principles, ChipPitts; Incorporating human rights: lessons learned, and next steps, John GerardRuggie; A business and human rights treaty, JustineNolan; Towards a business and human rights treaty?, ArvindGanesan; Chapter 3 Business and human rights; From side show to main act: can business and human rights save corporate responsibility?, FlorianWettstein; Implementing human rights in global business: high performance with high integrity, Ben W.HeinemanJr.; Human rights ‘intrapreneurs’: challenges and keys to success, ChristineBader; The social licence: one way of thinking about business and human rights, JohnMorrison; Salient human rights issues: when severe risks to people intersect with risks to business, CarolineRees, RachelDavis; Chapter 4 Defining and implementing human rights standards industry by industry; Setting and enforcing industry-specific standards for human rights: the role of multi-stakeholder initiatives in regulating corporate conduct, DorothéeBaumann-Pauly, JustineNolan, SarahLabowitz, Auretvan Heerden; The Fair Labor Association: improving workers’ rights in global supply chains, Auretvan Heerden; The Global Network Initiative: how can companies in the information and communications technology industry respect human rights?, MichaelSamway; Extractives and multi-stakeholder initiatives: the Voluntary Principles on Security and Human Rights; the Extractive Industries Transparency Initiative; the Kimberley Process Certification Scheme, ScottJerbi; The emergence of the International Code of Conduct for Private Security Service Providers, Anne-MarieBuzatu; Standard setting for agriculture, MichaelPosner; The Coalition of Immokalee Workers and the Campaign for Fair Food: the evolution of a business and human rights campaign, JoanneBauer; Chapter 5 Key constituents that drive the implementation of business and human rights; The role of civil society in business and human rights, ChrisJochnick, LouisBickford; Workers’ rights in the business and human rights movement, BarbaraShailor; Shopping for a better world: how consumer decisions can help to promote sustainability and human rights, GuidoPalazzo, FelicitasMorhart, JudithSchrempf-Stirling; Investors: models and strategies for engaging with human rights, MaryDowell-Jones; Thinking long-term: investment strategies and responsibility, Mattie J.Bekink; Investors and human rights: values, risk and materiality, BennettFreeman; Chapter 6 Accountability and remedy; The meaning of accountability, SimonZadek; Introduction to Sections; Business and human rights litigation in US courts before and after Kiobel, William S.Dodge; Holding multinational corporations accountable for human rights violations: litigation outside the United States, ChristineKaufmann; Access to remedy: non-judicial grievance mechanisms, KristenGenovese; Introduction to Sections; The rise of non-financial disclosure: reporting on respect for human rights, AmolMehra, SaraBlackwell; Mandatory human rights reporting, Anthony P.Ewing; Chapter 7 Global rules, private actors We live in a world of global supply chains, Richard M.Locke; The future of business and human rights: challenges and opportunities, DorothéeBaumann-Pauly, JustineNolan, MichaelPosner;

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Book SynopsisThe story of Depo-Provera joins the national struggle over the drug''s FDA approval to the state legal issues raised by its contraceptive and criminal justice uses.Depo-Provera is known as an injectable hormonal birth control method, but few are familiar with its dark and complicated history. Depo-Provera was tested on women since the mid-1960s without their informed consent until it was FDA-approved in 1992, but never FDA-approved as chemical castration for male sex offenders.Contraceptive Risk is William Green''s landmark study of Depo-Provera. Based on a fascinating combination of archival materials and interviews, the book is framed as three interconnected stories told by Judith Weisz, who chaired the FDA''s Public Board of Inquiry on Depo-Provera, a scientific court; by Anne MacMurdo who brought a products liability suit against Upjohn, the drug''s manufacturer, for the deleterious side effects she suffered from the drug''s use; and by Roger Gauntlett, an UpjTrade ReviewBy far the most thorough account of the Depo-Provera story to date. Though we may never get clear answers about whether Depo-Provera has done more harm than good over the past few decades, this well-researched history will be of great interest to those in the public health and women and gender studies fields, as well as many women contemplating the use of Depo-Provera themselves. -- Judy Norsigian, co-author and co-founder of Our Bodies Ourselves and the Boston Women’s Health Book CollectiveWilliam Greens fascinating tale of the use and misuse of Depo-Provera highlights the complex and faulty world of & risk management, the competing powerful interests at stake in drug approval and use, and the misuse of contraceptive drugs in controlling reproduction and sexual deviance. -- Karen L. Baird, co-author of Beyond Reproduction: Women's Health, Activism, and Public PolicySeldom has a study connected the micro with the macro, the personal with the legal, the individual with the structural in the manner and depth present in Contraceptive Risk. Using three concurrent and overlapping stories, Green explores in dizzying fashion, the politics of contraceptive risk management. * New Genetics and Society *

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Book SynopsisThe story of Depo-Provera joins the national struggle over the drug''s FDA approval to the state legal issues raised by its contraceptive and criminal justice uses.Depo-Provera is known as an injectable hormonal birth control method, but few are familiar with its dark and complicated history. Depo-Provera was tested on women since the mid-1960s without their informed consent until it was FDA-approved in 1992, but never FDA-approved as chemical castration for male sex offenders.Contraceptive Risk is William Green''s landmark study of Depo-Provera. Based on a fascinating combination of archival materials and interviews, the book is framed as three interconnected stories told by Judith Weisz, who chaired the FDA''s Public Board of Inquiry on Depo-Provera, a scientific court; by Anne MacMurdo who brought a products liability suit against Upjohn, the drug''s manufacturer, for the deleterious side effects she suffered from the drug''s use; and by Roger Gauntlett, an UpjTrade ReviewBy far the most thorough account of the Depo-Provera story to date. Though we may never get clear answers about whether Depo-Provera has done more harm than good over the past few decades, this well-researched history will be of great interest to those in the public health and women and gender studies fields, as well as many women contemplating the use of Depo-Provera themselves. -- Judy Norsigian, co-author and co-founder of Our Bodies Ourselves and the Boston Women’s Health Book CollectiveWilliam Greens fascinating tale of the use and misuse of Depo-Provera highlights the complex and faulty world of & risk management, the competing powerful interests at stake in drug approval and use, and the misuse of contraceptive drugs in controlling reproduction and sexual deviance. -- Karen L. Baird, co-author of Beyond Reproduction: Women's Health, Activism, and Public PolicySeldom has a study connected the micro with the macro, the personal with the legal, the individual with the structural in the manner and depth present in Contraceptive Risk. Using three concurrent and overlapping stories, Green explores in dizzying fashion, the politics of contraceptive risk management. * New Genetics and Society *

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Book SynopsisIt is the purpose of this book to bring together materials that may help the lawyer and the planner talk together with a greater understanding of each other's problems and points of view. This casebook contains collections of facts or events, some hypothetical, but most of them historical, that raises serious conflicts of interest and require settlement by some device, either the dictate of some private individual or group, or the exercise of a more orderly "legal" procedure.

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Book SynopsisOmbudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.Table of Contents1. The Evolution and Future of the Ombuds Matthew Groves (Deakin University, Australia) and Anita Stuhmcke (University of Technology Sydney, Australia) PART 1 THE PLACE OF THE OMBUDSMAN IN MODERN GOVERNANCE 2. Maladministration: The Particular Jurisdiction of the Ombudsman Greg Weeks (Australian National University, Australia) 3. The Enforceability of Ombudsman Remedies and Competition with Judicial Review Stephen Thomson (City University of Hong Kong) 4. Understanding the Response from Health Organisations to Health Ombudsman Investigations – A New Conceptual Model Gavin McBurnie (Queen Margaret University, UK) 5. The Role of Ombuds Institutes in Providing Equal Access to Justice for All Maaike de Langen (New York University, Center on International Cooperation) PART 2 THE CHALLENGE OF MODERN GOVERNANCE TO OMBUDSMEN 6. Bringing the Ombudsman Role and Powers into the Twenty-first Century Chris Wheeler (University of Technology Sydney, Australia) 7. Ombuds and Tribunals in a Digital Era: Framing a Digital Legal Consciousness Naomi Creutzfeldt (University of Westminster, UK) 8. Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes? John McMillan (Australian National University, Australia) 9. Decentred Regulation of the Ombudsman Sector: UK Style Richard Kirkham (University of Sheffield, UK) 10 Reform of a National Ombudsman Scheme – A Journey Rob Behrens (Parliamentary and Health Services Ombudsman, UK) 11. Ombudsman and Counter-Democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman Marc Hertogh (University of Groningen, the Netherlands) 12. Towards Therapeutic Complains Resolution Jane Williams (Queen Margaret University, UK), Chris Gill (University of Glasgow, UK) and Carolyn Hirst (Hirstworks, UK) 13 High Official at Street Level: A Multi-method Study on the Consultation Days of the Austrian Ombudspersons Julia Dahlvik (University of Applied Sciences FH Campus Wien, Austria), Axel Pohn-Weidinger (University of Göttingen, Germany) and Martina Kollegger, University of Vienna, Austria 14. Reimagining the Classical Ombud: Disability Rights, Democracy and Demosprudence Justice Nick O'Brien (Mental Health Review Tribunal, UK) 15. A Guardian Illuminated: The Role of New Zealand’s Parliamentary Ombudsman in the Health and Disability System Ron Paterson (University of Auckland, New Zealand) 16. Ombuds Institutions: Non-judicial Mechanisms for the Protection and Promotion of the Rights of Older Persons Linda Reif (University of Alberta, Canada)

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Book SynopsisThis book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.Table of Contents1. Introduction I. Research Questions II. Structure of the Text III. Scope of Study and Text IV. Case Studies V. Key Findings VI. Conclusion 2. Background I. Introduction II. Continuous Disclosure III. Misleading or Deceptive Conduct IV. ASIC Enforcement V. Shareholder Class Actions VI. Conclusion 3. Analytical Framework I. Introduction II. Deterrence III. Compensation IV. The Regulatory Process V. Conclusion 4. Case Studies I. Introduction II. Methodology III. Telstra IV. Multiplex V. Centro VI. Leighton VII. Conclusion – Summary of Case Studies 5. Application of the Analytical Framework to the Case Studies I. Introduction II. Application of the Analytical Framework – Deterrence III. Application of the Analytical Framework – Compensation IV. Application of the Analytical Framework – Regulatory Process V. Conclusion 7 6. Effectiveness and Coexistence of Regulatory Enforcement and Class Actions I. Introduction II. Effectiveness of ASIC Enforcement and Class Actions III. Ramifications of ASIC Enforcement and Class Actions Coexistence IV. Conclusion 7. Public and Private Enforcement Recalibrated I. Introduction II. ASIC’s Enforcement Approach Revisited III. Class Actions Revisited IV. Reformulating the Continuous Disclosure Laws V. ASIC Enforcement and Continuous Disclosure Class Actions Post-2017 VI. Conclusion 8. Coordination of Public and Private Enforcement I. Introduction II. Why Coordination? III. Existing Coordination Mechanisms IV. Coordination in Other Regulatory Regimes V. Concerns with Coordination VI. Coordination Strategies for Securities Regulation VII. Conclusion Appendix 1 I. Interview Questions for ASIC II. Interview Questions for Class Action Applicants, Litigation Funders and their Lawyers III. Interview Questions for Regulated Entity/Class Action Respondents’ Directors/Officers and their Lawyers IV. Summary of Interviews V. Interviews with Short Title Appendix 2 Table 1 Continuous disclosure infringement notices from 1 July 2004 to 30 June 2021 Table 2 Continuous disclosure enforceable undertakings – 1998 to 30 June 2021 Table 3 Continuous disclosure class actions – 2002 to 30 June 2021

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Book SynopsisA “back-to-basics” guide to government contract law Finally! A plain-English presentation of the basic legal concepts of government contract law for professionals at any stage in their careers. Until now, anyone in the procurement field has had to trudge through dense and complex texts written in hard-to-follow “legalese” in their quest to understand procurement law. With Understanding Government Contract Law, they finally have a source of clear and concise explanations of the legal principles involved in government contract law, written by an authority on the subject. Part I of the book focuses on the unique problems facing each of the parties to a government contract - the contract officer and the contractor - and offers insight to the many roles played by the contract officer in the procurement process. Part II describes why and how the government contract is different from commercial contracts. Part III explores the ins and outs of a government contract lawsuit. The author presents key legal principles of government contract law by: • Stating a legal principle • Specifying where in the Federal Acquisition Regulation (FAR) that principle is found • Offering the rationale, context, and any public policy behind the principle • Describing, with case law examples, situations where the government applied the law correctly and situations where the government came to that conclusion incorrectly

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Book SynopsisModern administrative law has been the subject of intense and protracted intellectual debate. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of the progressive administrative state and calls for a return law to its original design, meaning, and structure.Trade ReviewA comprehensive criticism of modern administrative law, from its first principles to its finest details—in other words, quintessential Richard Epstein. -- Adam White, Resident Scholar at the American Enterprise Institute and Director of George Mason University’s C. Boyden Gray Center for the Study of the Administrative StateRichard Epstein is one of the very few scholars who can speak with authority about a subject as broad as the morality of administrative law. In this superb, clearly written and informative book, he contrasts traditional and modern administrative law and makes a powerful case that the modern administrative state fails the most important test of a legal system: consistently advancing the Rule of Law. -- Peter J. Wallison, Senior Fellow at the American Enterprise Institute and author of Judicial Fortitude: The Last Chance to Rein in the Administrative State

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Book SynopsisFollow the Path to Success in Federal Construction Contracting Opportunities abound in federal government construction contracting, but the devil is in the details. Companies performing work for the federal government must plan and operate based on very specific guidelines and regulations. Knowing how to work within those strict parameters makes the difference between success and failure. Federal Construction Contracting Made Easy is your road map to successfully identifying, planning, and completing government construction projects. This book guides you in finding opportunities, preparing winning proposals, and staying in compliance on construction projects. It is the one resource you will need to work in this competitive arena. The book provides guidance on: • Understanding the Federal Acquisition Regulation and knowing when and how to use it for your benefit and protection • Preparing quality control and safety programs that comply with federal regulations and processes • Determining when a change order is required and how to price and properly process • Identifying a claim and knowing how to process it Federal Construction Contracting Made Easy is an invaluable resource for construction firms, architect/engineer firms, subcontractors, and vendors that want to do business with the federal government. Plus! A handy glossary of terms is included. Bonus: Federal Construction Contracting Made Easy: A Field Guide to the FAR is available as a supplement for project superintendents.

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Book SynopsisManaging without fear is the ability to make personnel decisions, from hiring to separations and everything in between, without fear of breaking the law and with the goal of creating a work environment you and your employees are proud to be part of. In Managing Employees Without Fear, workplace lawyer Adam Rosenthal expertly delivers every manager’s comprehensive, go-to practical guide for managing a legally compliant workplace and building a positive, productive, and first-class work culture along the way.Packed with unique insights and lessons from an attorney who has counseled and represented companies and managers in thousands of workplace disputes, Rosenthal provides people managers with effective tools on how to successfully navigate around complicated personnel issues. From improving hiring and onboarding practices, to adopting strategies in dealing with underperforming employees, to implementing meaningful ways to promote diversity and inclusion, this book provides managers at every level a significant return on their investment.

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Book SynopsisThe populations of American cities have always included poor people, but the predicament of the urban poor has worsened over time. Their social capital, that is, the connections and organizations that traditionally enabled them to form communities, has shredded.Economically comfortable Americans have come to increasingly care less about the plight of the urban poor and to think of them in terms of “us and them”. Considered lazy paupers in the early nineteenth century, the urban poor came to be seen as a violent criminal “underclass” by the end of the twentieth. Living primarily in the nation’s deindustrialized inner cities and making up nearly 15% of the population, today’s urban poor are oppressed people living in the midst of American affluence.This book examines how law works for, against, and with regard to the urban poor, with “law” being understood broadly to include not only laws but also legal proceedings and institutions. Law is too complicated and variable to be seen as simply a club used to beat down the urban poor, but it does work largely in negative ways for them.An essential text for both law students and those drawn to areas of social justice, this book shows how law helps create, expand, and perpetuate contemporary urban poverty.

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Book SynopsisExploring how the law can be used to influence, for better and for worse, the lives of the billions of individual animals we call wildlife, this new book focuses not only on the legal issues involved but also on the compelling ethical and moral issues that are inextricably intertwined with our treatment of wild animals. For a subject so complex and variegated, the editors have chosen essay chapters from some of the country’s most knowledgeable and experienced wildlife lawyers and advocates on illustrative and focused issues that have broad implications for practitioners in the area. Framed around specific issues, each chapter focuses on the significant and often unrealized power of U.S. law to influence wildlife protections around the world. This is an informative and understandable resource for lawyers, scholars, and the increasing number of citizens who care about the future of wildlife.

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