Law as it applies to other professions and disciplines Books

Book SynopsisNow in its third edition Construction Law by Julian Bailey is the definitive work of reference for construction law practitioners internationally. In three volumes, it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. The book in its new updated form is an indispensable work of reference for law practitioners and is now accessibly priced for the post-graduate student market.Trade Review"The second edition of Construction Law stands upon the shoulders of the giant achievement that was the first, and encourages us to look forward to many further editions which will continue to illuminate our fascinating yet complex area of law. The international construction law community is once more in Julian Bailey’s debt." Matthew Bell, Construction Law International; "Bailey has once again created a practical epic, establishing himself as a virtuoso of construction law on an international scale. The second edition, like the first, is a friend to construction law, written as a guide to the field’s ins-and-outs and a tool to navigate its halls. I have full confidence in recommending this text to any practitioner or student in need of a comprehensive and authoritative collection of all things construction related." Professor Doug S Jones AO, International Construction Law Review; "The writing is efficient and pellucid…every section covers its scope with the right amount of detail, neither leaving the reader hungry for more, nor sedated by incursions into unnecessary detail."Stephen A. Hess, Construction Lawyer; "…outstanding…Wherever one looks, the completeness of coverage and case citation stands out as does the clarity of the exposition. Practitioners need this…this is a true practitioner’s work in an area where much law is made and practised here and overseas." Richard Wilmot-Smith QC, Law Quarterly Review; "Now in its second edition - eagerly anticipated by the legal profession internationally- Construction Law is firmly established as a classic. Indeed, it is one of the finest works in any branch of English or Australian commercial law published in the past half century.; Construction Law is a magisterial work. It is impossible to praise it too highly. The author has distilled principles from an enormous body of case law...and covered the breadth of construction law with great skill and clarity. One can only marvel at the author's extraordinary achievement." Michael Christie SC, Building and Construction Law JournalTable of ContentsVolume I Table of contents xi Foreword to the first edition Preface to the third edition Preface to the second edition Preface to the first edition Table of abbreviations Table of cases Table of arbitration awards Table of statutes Table of statutory instruments CHAPTER 1 THE LEGAL AND COMMERCIAL FRAMEWORKS 1 CHAPTER 2 CONTRACT FORMATION 47 CHAPTER 3 CONTRACT TERMS 127 CHAPTER 4 PROCUREMENT 253 CHAPTER 5 CONTRACT ADMINISTRATION 345 Index Volume II Volume contents xi CHAPTER 6 PRICE AND PAYMENT 437 CHAPTER 7 VARIATIONS 661 CHAPTER 8 THE SITE 695 CHAPTER 9 BREACH OF CONTRACT AND TERMINATION 773 CHAPTER 10 NEGLIGENCE 857 CHAPTER 11 TIME 961 CHAPTER 12 SECURITY FOR PERFORMANCE 1057 CHAPTER 13 DAMAGES 1143 CHAPTER 14 DEFECTS 1275 Index Volume III Volume contents xi CHAPTER 15 CONSULTANTS 1357 CHAPTER 16 INTELLECTUAL PROPERTY 1379 CHAPTER 17 INSURANCE 1401 CHAPTER 18 STATUTORY REGULATION OF WORK 1435 CHAPTER 19 HOME BUILDING CONTRACTS 1469 CHAPTER 20 SUBCONTRACTS, ASSIGNMENT, NOVATION, WAIVER AND ESTOPPEL 1531 CHAPTER 21 EMPLOYMENT, HEALTH AND SAFETY 1581 CHAPTER 22 BANKRUPTCY AND INSOLVENCY 1655 CHAPTER 23 DISPUTE RESOLUTION 1689 CHAPTER 24 STATUTORY ADJUDICATION 1733 CHAPTER 25 ARBITRATION 1977 CHAPTER 26 LITIGATION 2121 Index

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Book SynopsisExamines ASB, social housing and disability equality policy as well as ASB case law where disability challenges have been raised.

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Book SynopsisEstablished and reliable, Selwyn''s Law of Employment continues its legacy as a complete reference guide for students of employment law.Astra Emir has maintained Norman Selwyn''s practical approach to the subject, wherein each topic''s broad scope is discussed concisely and in an accessible manner, allowing space to reflect on developing issues in this fluid area of law. The straightforward written style and clean layout allows you to navigate the text with ease, and helps to identify legal principles and seminal cases quickly. This textbook includes case law from the UK and EU, and both collective and individual employment law is considered, to offer an inclusive representation of the subject.Digital formats and resourcesThe twenty-second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links thTrade ReviewA straightforward and easy-to-read textbook on employment law frameworks, which sets out the legal position on a wide-ranging number of labour issues. * Rob Wilks, Senior Lecturer, University of South Wales *This textbook has everything we are looking for as instructors on employment law, and students' love its accessible and practical nature. * Kushal Adheen, Senior Lecturer, University of Gloucestershire *Table of ContentsPart 1: Institutions and Sources 1: The institutions of employment law Part 2: The Contract of Employment 2: The nature of a contract of employment 3: The formation of a contract of employment Part 3: Equality and Family Friendly Rights 4: Equality in employment 5: Equal pay 6: Family friendly rights Part 4: Protection at Work 7: Employment protection 8: Protection of wages 9: Transfer of undertakings 10: Performance of the contract of employment 11: Health and safety at work Part 5: Discipline and Termination of a Contract 12: Disciplinary, dismissal and grievance procedures 13: Continuous employment 14: Normal working hours and a week's pay 15: Rights in notice 16: Wrongful dismissal 17: Unfair dismissal 18: Redundancy 19: Duties of ex-employees 20: Practice and procedure 21: Individual trade union rights 22: Law relating to trade unions 23: Law relating to industrial relations

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Book SynopsisWritten by two experts in the field, the Business Law LPC manual provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law. The manual provides all of the required material students need to understand the latest legal developments affecting business law transactions, with a particular focus on relevant taxation law and business accounts.Examples are used throughout the manual to enable students to contextualize their learning effectively. Extensive and updated statutory references allow students both to cross-refer to appropriate primary sources, and to use the guide to interpret such sources. The book''s depth of coverage, accessible format, and clear structure make it an ideal reference for students on the Legal Practice Course.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats.- Access to a digital version of this book comes with every purchase to enable a more flexible learning

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Book SynopsisPrisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. This book succeeds the highly successful third edition of Prisoners' Self-Help Litigation Manual. Written by two legal and peniteTrade Review"In the many years I have worked with people facing or serving capital and Life sentences, I have experienced their frustration at their own inability to take charge of their cases and/ or their grievances...they lack the skills and the access to good law libraries. The Prisoners' Self-Help Litigation Manual, available for more than 25 years but recently updated, takes on the task of providing prisoners with the tools to handle their legal needs. It explains the pertinent law, shows them what they need to do to litigate an issue, and provides them with resources for help. As a self-trained professional in this field, I also found it extremely helpful. I truly believe that defense teams, advocates, and family members of the incarcerated should do their best to see that clients and loved ones have this important resource. And they should buy one for themselves!" --Claudia Whitman Director, National Death Row Assistance Network of CURETable of ContentsPersonal Statement ; Table of Cases ; Preface and Acknowledgments ; I. Introduction: Using this Manual and Using the Courts ; Part I: The Rights of Prisoners ; II. Conditions of Confinement ; III. Civil Liberties in Prison ; IV. Procedural Due Process ; V. Equal Protection of the Laws ; VI. Pre-Trial Detainee's Rights ; Part II: Enforcing Your Rights ; VII. The Legal System ; VII. Actions, Defenses, and Relief ; IX. How to Litigate ; X. Legal Research ; XI. Writing Legal Documents

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Book SynopsisAimed at general readers but with radical conclusions that speak to the highest level of domestic policymaking. The author offers this book which gives a picture of the health care industry. He suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.

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Book SynopsisMedical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have?Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated--only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.Table of ContentsList of Tables List of Figures List of Boxes Preface Acknowledgments Ch. 1: Setting the Stage Frank A. Sloan Ch. 2: The Sample Frank A. Sloan, Penny B. Githens. Ch. 3: The Injuries, Antecedents, and Consequences Frank A. Sloan Ch. 4: Doctor-Patient Relationships Ellen Wright Clayton, Gerald B. Hickson, Penny B. Githens, Frank A. Sloan. Ch. 5: Lawyer-Client Relationships Ellen Wright Clayton, David F. Partlett. Ch. 6: Liability Gerald B. Hickson, Douglas A. Gentile, Penny B. Githens, Frank A. Sloan. Ch. 7: Cost of Injuries Frank A. Sloan, Stephen S. van Wert. Ch. 8: The Dispute Resolution Process Frank A. Sloan, Penny B. Githens, Gerald B. Hickson. Ch. 9: Compensation Frank A. Sloan, Penny B. Githens, Gerald B. Hickson, Stephen S. van Wert. Ch. 10: Policy Implications Frank A. Sloan Bibliography Index

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Book SynopsisThis text explores legal concepts, legal reasoning and legal processes - illustrated with case vignettes from social work practice - in order to provide social work practitioners and students with practical and accessible legal knowledge.Table of ContentsAcknowledgments Introduction 1. Why Social Workers Study the Law: Knowledge for Practice 2. Exploring Jurisprudence: Legal Philosophy 3. The Development of the Law 4. The Practice of Law 5. The Litigation Process: Dissecting a Court Casel 6. Protection of Individuals and the Preservation of Social Order 7. How Courts Make Legal Decisions About People's Lives 8. Torts: How the Law Provides Compensation for Injury and Deters Unsafe Practicesl Work Practice 9. Contracts and Other Legal Issues in the Management of Social Work Practicea Private Practice Appendix: Legal Research Statutory Law Case Law Electronic Legal Research References Cases and Laws Cited Index

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Book SynopsisThis thoroughly updated third edition lays a solid foundation for understanding the intersection of law, ethics and the rights of the patient, in the context of everyday nursing and health care practice.Trade Review"Navigating health law and its ethical ramifications can be murky and mystifying; even experts well versed in legal language find challenges in charting a steady course within the vast sea of the health care system. Too often books address this subject with exhaustive case law, providing material that is too weighty for health care professionals, whose time is confined by direct patient care and whose expertise as clinical thinkers has been uniquely moulded. Alternatively, one finds publications where concepts are dumbed down for the proclaimed readership of nurses.This text takes the opposite approach. At its outset, Buka’s framework promises exposure to the most essential content, including ethical decision making, confidentiality, laws concerning older people, fraud and abuse, and employment regulations. This practical guide does not fall short of its aim, mastering harmonies of literary prose and technical legalese, current and historic law, and, more impressive, didactic and problem-based learning. Such judicious integration leaves the reader – regardless of role as nurse, attorney, student, teacher, or curious patient – informed and empowered… Writing as both a legal and a nursing expert, Buka succeeds in his intention to ‘give readers a grasp of the key principles which blend together law and ethics as they relate to patients’ rights' - Reviewed by Catrina Sparacio, the College of New Jersey and Princeton University Medical Center, Princeton, NJ, USATable of Contents1.Introducing ethics in health care 2.Human rights, the law 3.From beginning of life to adulthood 4.Confidentiality, Information technology 5.Consent to treatment, patient autonomy 6.First, do no harm 7.Vulnerable adults, elder abuse 8.Equality, diversity and inclusivity 9.End-of-life care, decision-making 10.Final reflection

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Book SynopsisThis book provides valuable information and recommendations for current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law.Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability research, providing an overview of high-liability areas. This new edition has been revised to include up-to-date United States Supreme Court cases and illuminates the latest developments in the use of force, arrest-related deaths, custodial suicides in detentioTrade Review"Dr. Ross’s book teaches law enforcement agencies how to see operations through the lens of risk. Now for every training event or planned operation we identify the risks and the control measures to counter them. The end result: we have seen a remarkable reduction in consequences of legal liability, and better officer performance and perceived professionalism from the community."Jim A. Blocker, Chief of Police, Battle Creek, Michigan "Dr. Ross provides the ‘A to Z’ reference book for civil liability in a criminal justice setting, whether it be day to day policing or overseeing offenders in correctional institutions. A practical, subject-by-subject guide, this book gives clear data and reasoning behind civil liability, what drives it and how to mitigate it. The final chapter clearly sets out trends based on law and recent Court decisions. A must read, this book should be in the hands of every American criminal justice executive."Jim Ferraris, Chief of Police, Woodburn, Oregon, Police Department"This text discusses complex concepts and principles in easily understood language. It is thoroughly researched and well organized. Readers will learn duties and responsibilities that are owed to all and strategies to prevent harms and avoid or limit exposure to civil liability."Andrew Fulkerson, J.D., Ph.D., Professor, Southeast Missouri State University; former judge and prosecuting attorney, State of Arkansas Table of ContentsPrefaceAcknowledgments 1. Overview of Civil Liability2. Foundations for Liability3. Civil Liability under State and Federal Tort Law4. Civil Liability and Federal Law: Section 1983 Litigation5. Defenses to Civil Litigation and Risk Management6. Administration and Supervisory Liability7. Liability for Failure to Train8. Operating Criminal Justice Agencies under Consent Decree 9. Personnel Issues and Liability10. Use of Force in Law Enforcement and Corrections11. Section 1983 and Correctional Liability Issues12. Section 1983 Actions in Law Enforcement13. Liability and Arrest-related Deaths14. Liability and Suicides in DetentionTable of CasesIndex

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Book SynopsisMethodologies and legislative frameworks regarding the archaeological excavation, retrieval, analysis, curation and potential reburial of human skeletal remains differ throughout the world. As work forces have become increasingly mobile and international research collaborations are steadily increasing, the need for a more comprehensive understanding of different national research traditions, methodologies and legislative structures within the academic and commercial sector of physical anthropology has arisen. The Routledge Handbook of Archaeological Human Remains and Legislation provides comprehensive information on the excavation of archaeological human remains and the law through 62 individual country contributions from Europe, Asia, Africa, North America, South America and Australasia.More specifically, the volume discusses the following: What is the current situation (including a brief history) of physical anthropology in the country? <Trade Review'This will be an incredibly useful source of information for scholars around the world who are, or may be hoping to be, working with human remains from archaeological contexts in particular places across the globe. It will, furthermore, save much time searching for relevant information to help their work, and provide much needed contacts ... an essential reference text for students working on archaeological human remains.'- Charlotte Roberts, Durham University, UK Table of ContentsPart 1: Introduction Part 2: Europe Part 3: Rest of the World, Africa, North America, South America, Antarctica, Asia, Oceania Part 4:Conclusion Appendix

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Book SynopsisAs individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world. Patent Strategy introduces researchers to patent applications and patent portfolios. With minimum use of legal jargon' it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate. This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their woTrade Review“With minimal use of ‘legal jargon’ this book provides researchers with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application.” (Platinum Metals Review, 1 May 2013) “While there is no substitute for experience, this book is possibly the next best thing.” (Chemistry & Industry, 1 April 2013)Table of ContentsPreface xi Preface to the Second Edition xv Preface to the First Edition xix About the Author xxiii 1 Basic Intellectual Property Concepts 1 1.1 Introduction 1 1.2 Basic Patent Law Concepts 2 1.3 Patent Office Operations 5 1.4 Requirements for Obtaining a Patent 8 1.5 Types of Patents 11 1.6 Parts of a Patent 14 1.7 The Term of a Patent 20 1.8 Provisional Protection 22 1.9 Definitions of Commonly Used Terms 24 1.10 International Treaties 32 1.11 The Paris Convention 32 1.12 The Patent Cooperation Treaty 35 1.13 The European Patent Convention 40 1.14 The African Intellectual Property Organization 42 1.15 The African Regional Intellectual Property Organization 42 1.16 Eurasian Patent Convention 43 1.17 Copyrights, Trademarks, and Trade Secrets 45 1.18 Other Resources 48 2 The Value of Patents 49 2.1 Exclusivity – The Desired Goal 49 2.2 The Mechanics of Achieving Exclusivity in a Technology Area 56 2.3 Traps and Misconceptions – What Patents Can’t Do 62 2.4 The Informational Value of Patents 65 2.5 Assigning Value to Patents 68 2.6 Licensing of Patents 72 3 Developing a Strategy 75 3.1 Professional Help 75 3.2 Determining Whether or Not an Invention is Patentable 77 3.3 Defining Strategy 79 3.4 The Principles Behind the Strategy – The Military Model 81 3.5 Developing a Patent Strategy Model 82 3.6 Developing a Patent Strategy for an Invention 96 3.7 Developing a Patent Strategy for a Series of Inventions 110 3.8 Developing a Strategy for an Existing Product 118 3.9 Developing a Strategy for Licensing Patents 121 3.10 Developing a Strategy for Handling a Potentially Adverse Patent 123 3.11 Developing a Strategy for Oddball Inventions 127 3.12 Dealing with Inventors When Patent Applications are Not Filed 129 3.13 Coordination of Other Strategies and Patent Strategy 131 4 Researching with Intellectual Property in Mind 133 4.1 Introduction 133 4.2 Characteristics of Prolific Inventors 134 4.3 Characteristics of Casual Inventors 140 4.4 The Inventive Process 142 4.5 Fostering Inventive Activity 146 4.6 Suggestions on How to Conduct Research for Stronger Patents 150 5 Infringement and Freedom to Operate 155 5.1 Types of Infringement 155 5.2 Avoiding Patent Infringement 158 5.3 Dealing with Infringers 161 5.4 Research Disclosures and Journal Articles 162 5.5 Published Patent Applications and Provisional Patent Coverage 165 6 Working with Attorneys, Agents, and Patent Liaisons 167 6.1 Introduction 167 6.2 Preparing for the Legal World 168 6.3 Actions to Take before Meeting with the Agent 170 6.4 Typical Working Arrangements with Agents 171 6.5 The Researcher’s Responsibility for Technical Details 173 6.6 Aloofness 174 6.7 Experimentation for the Patent Application 176 6.8 Patent Liaisons and Other Intellectual Property Professionals 177 7 Disclosure and Filing Decisions 181 7.1 Introduction 181 7.2 Controlling the Disclosure of Technology 182 7.3 The Filing Decision 183 7.4 Filing Globally 185 7.5 Compulsory Licensing 187 7.6 The Cost of Broadly Filed Patent Applications 188 7.7 The Legal Systems of Individual Countries 190 7.8 Techniques for Determining Which Countries will be of Value 191 7.9 World Growth and Economic Power 193 7.10 Templates 195 7.11 Timing of Application Filings 195 7.12 Global Experts 197 7.13 Agreement with Strategy 197 8 After the Filing 199 8.1 Introduction 199 8.2 Anticipating the First Response from a Patent office 199 8.3 Modification of Claims 200 8.4 Research After the Filing 202 8.5 Maintaining Cohesion 204 8.6 Issuance and Maintenance of Patents 205 9 The Future of Intellectual Property Efforts 207 References 211 Further Reading 215 Index 219

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Book SynopsisThe ultimate guide to the current rules and regulations that govern the securities industry?including amendments in 2010 Providing readers with expert coverage of domestic securities regulation, this book fills the need for coverage of securities regulations, defining, describing, and explaining everything professionals need to know about domestic securities regulation. Examines the current securities rules Provides an overview of the latest regulations for this industry Includes a description of the various government regulations of securities markets, and securities transactions Since the corporate scandals of 2002, this industry has seen intense scrutiny of how it is regulated. Regulation of Securities, Markets, and Transactions demystifies the new laws and regulations with straightforward, to-the-point coverage professionals need.Table of ContentsPreface xvii Chapter 1 Regulation 1 Securities and the Public Interest 1 Meaning of ‘‘Security’’ 3 Debt, Equity, and Option Securities 4 Securities Transactions 6 Institutional and Functional Regulation 7 Exclusions and Exemptions 9 Structure of Securities Laws 14 Other Securities Laws 16 Regulatory Objectives 19 Disclosure and Transparency 21 Regulation and Supervision 24 Registration 29 Registration of Securities 30 Registration of Entities and Persons 34 Issuers of Securities 35 Self-Regulatory Organizations 39 Registered Self-Regulatory Organizations 41 Special-Purpose Self-Regulatory Organizations 44 Regulation of Registered Entities and Persons 44 Chapter 2 Regulation of Nonregistered Entities and Persons 62 Introduction 62 Nonsecurities Laws 68 Chapter 3 Accounting and Auditing 78 Introduction 78 Accounting 78 Mark-to-Market Accounting 80 Auditing 81 Objectives-Oriented Rules for Accounting and Auditing 84 Audit Committees 85 Accounting Capital and Regulatory Capital 86 Accountancy Law 87 Chapter 4 Introduction to Notes 88 Public Laws 88 United States Code 89 Code of Federal Regulations 90 Supreme Court Decisions 91 Federal Register 91 SEC Releases 92 Prefixes for SEC Releases 94 Selected Releases by the Securities and Exchange Commission 94 SEC Release 34-16900, 17 JUN 80, 45 FR 41920, 23 JUN 80 94 SEC Release 34-20221, 23 SEP 83, 48 FR 45167, 3 OCT 83 94 SEC Releases 33-7375, 34-38067, and IC-22412, 20 DEC 96, 62 FR 519, 3 JAN 97 95 SEC Release 34-39829, 6 APR 98, 63 FR 17943, 13 APR 98 95 SEC Releases 33-7607, 34-40633, and IC-23520, 3 NOV 98, 63 FR 67331, 4 DEC 98 95 SEC Release 33-7760, 22 OCT 99, 64 FR 61443, 10 NOV 99 95 SEC Releases 33-7801 and 34-42430, 16 FEB 00, 65 FR 8896, 23 FEB 00 95 SEC Release 34-44989, 25 OCT 01, 66 FR 55220, 1 NOV 01 95 SEC Release 34-48545, 25 SEP 03, 68 FR 56656, 1 OCT 03 96 SEC Release 34-51524, 12 APR 05, Administrative Proceeding 3-11892, In the Matter of the New York Stock Exchange Inc. 96 SEC Release 34-51808, 9 JUN 05, 70 FR 37495, 37545, and 37595, 29 JUN 05 (corrected by Release 34-51808A, 28 DEC 05, 71 FR 232, 4 JAN 06) 96 Selected Public Laws 96 Selected United States Code Titles 105 Selected United States Code Sections 105 Selected Code of Federal Regulations Titles 106 Selected Code of Federal Regulations Parts 106 Structure of U.S. Code and Code of Federal Regulations Sections 107 Selected Banking Regulations 109 State Securities Laws 110 Uniform Commercial Code 111 Chapter 5 Notes 112 Chapter 6 Selected Sections from the Financial Regulation Act of 2010 271 Introduction 271 Major Section Headings of the Financial Regulation Act 271 Selected Sections of the Financial Regulation Act 272 Reports Required by the Financial Regulation Act 273 Chapter 7 Sections of Codified Securities Laws 276 Introduction 276 Securities Act (15 USC Sections 77a and following) 277 Trust Indenture Act (15 USC Sections 77aaa and following) 278 Securities Exchange Act (15 USC Sections 78a and following) 279 Securities Investor Protection Act (15 USC Sections 78aaa and following) 281 Investment Company Act (15 USC Sections 80a-1 and following) 281 Investment Advisers Act (15 USC Sections 80b-1 and following) 283 Public Company Accounting Reform and Corporate Responsibility 284 Chapter 8 Organizations 286 Introduction 286 Executive Branch of Government 286 Legislative Branch of Government 287 Judicial Branch of Government 288 Agencies of Government 289 Self-Regulatory Organizations 290 Accounting Principles and Auditing Standards 290 Industry and Professional Associations 291 State-Related Organizations 294 International Organizations 295 Advisory Committees and Informal Groups 298 Appendix A References 301 Appendix B Web Sites by Name 315 Appendix C Web Sites by Function 324 Glossary 334 About the Author 361 Index 363

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Book SynopsisRevised and updated to reflect new research in the area, this volume focuses on the pre-trial or investigative phase of the legal process, including witness accuracy and credibility, assessment of witness credibility, interviewing suspects and witnesses, eyewitness testimony, false beliefs and memory, the role of experts, and juries.Trade Review“…up-to-date, comprehensive and accurately reported…well-written, detailed and comprehensive…will be recommending the book…” (Journal of Investigative Psychology and Offender Profiling, May 2004) “…informs and captivates the reader…” (Applied Cognitive Psychology, July 04)Table of ContentsAbout the Authors. Preface. Chapter 1. Introduction. Chapter 2. Telling and Detecting Lies. Chapter 3. Facial Appearance and Criminality. Chapter 4. Interviewing Suspects. Chapter 5. Interviewing Witnesses. Chapter 6. Psychological Factors in Eyewitness Testimony. Chapter 7. False Memories. Chapter 8. Jury Decision Making. Chapter 9. The Role of Expert Witnesses. References. Index.

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Book SynopsisFull of tips, techniques, illustrative real-world examples, exhibits, and best practices, this second edition will help you stay up to date on the newest thinking, strategies, developments, and case law in intellectual property. It presents fundamentals of patents, trademarks, copyrights, trade secrets and other less-known forms of IP.Table of ContentsForeword to the Second Edition vii Foreword to the First Edition xi Preface xv Author’s Note xix Acknowledgments xxi About the Authors xxiii Introduction: Setting the Stage xxv 1 The Big Three: Patents, Trademarks, and Copyrights 1 2 The Supporting Players: Other Types of IP—Trade Secrets and Know-How, Mask Works, and Noncompetition and Nondisclosure Agreements 34 3 Protecting the Fruits of Your Research and Development 47 4 Know What You Have (IP Audit) and What the Other Guy Has (Competitive Intelligence) 54 5 What is It Worth? Putting a Value on Intellectual Property 70 6 Make More Money by Sharing (Licensing) 83 7 Corporate Officers and Directors Beware: You Can Be Liable for Mismanaging Intellectual Property 92 8 Enforcing Your Rights 104 9 The Fundamental Things Apply, As Time Goes By: Intellectual Property in Cyberspace 167 10 The Patent Portfolio and Its Effect on Stock Price 180 11 How the Courts Have Changed the Patent Law 185 12 Patent Reform 209 Appendixes Appendix A: Trademark and Service Mark Application 223 Appendix B: Copyright Application 231 Appendix C: Confidentiality and Nondisclosure Agreement 239 Appendix D: Invention Assignment Form 242 Appendix E: Basic IP Audit Questionnaire 247 Appendix F: Patent Valuation 249 Appendix G: Invention Disclosure Form 270 Appendix H: License Agreements 272 Bibliography 286 Further Reading 287 Index 289

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Book SynopsisThe Drinking Water Act Amendments of 1996 instituted regulatory changes to the seminal Safe Drinking Water Act (SDWA) such as providing funding to communities facing health risks. This book provides a comprehensive resource on the regulatory landscape and covers topics such as water treatment, and water protection.Trade Review“...a 'one-stop shopping' compendium of information...another valuable addition to the environmental professional's library of critical references.” (Environmental Practice, March 2005) "This book is a must-read for water utilities, consultants, and regulators…it not only explains the regulations and the regulatory process, but also provides essential information on water treatment, water protection, public health, and future issues." (Journal of Environmental Quality, May-June 2004)Table of ContentsPreface xix Acknowledgments xxi Contributors xxiii Acronyms xxvii PART I THE SAFE DRINKING WATER ACT AND PUBLIC HEALTH 1 1 Drinking Water and Public Health Protection 3 Daniel A. Okun 1.1 Introduction, 3 1.2 Water Supply for the City of Rome, 4 1.3 The Middle Ages and the Industrial Revolution, 5 1.4 The Great Sanitary Awakening, 6 1.5 The Emergence of Water as a Public Health Issue, 9 1.6 The Beginning of Water Treatment, 11 1.7 The Chemical Revolution, 13 1.8 The Introduction of Regulations, 14 1.9 Prelude to the 1974 Safe Drinking Water Act, 17 1.10 Drinking Water in Developing Countries, 19 1.11 The Future of Public Water Supply, 21 2 Improving Waterborne Disease Surveillance 25 Floyd J. Frost, Rebecca L. Calderon and Gunther F. Craun 2.1 Introduction, 25 2.2 Background, 26 2.3 Limitations of the Current Disease Surveillance Systems, 28 2.4 Early Detection of Outbreaks, 31 2.5 Endemic Disease, 32 2.6 Applicability of Outbreak Investigations, 34 2.7 Monitoring Infection Versus Disease, 36 2.8 Improving Disease Surveillance, 38 3 Waterborne Outbreaks in the United States, 1971–2000 45 Gunther F. Craun, Rebecca L. Calderon, and Michael F. Craun 3.1 Introduction, 45 3.2 Waterborne Disease Outbreak Surveillance System, 46 3.3 Waterborne Outbreak Statistics, 48 3.4 Causes of Outbreaks in Drinking Water Systems, 55 3.5 Outbreaks Associated with Recreational Waters, 61 3.6 Outbreak Trends, 65 4 History of the Safe Drinking Water Act (SDWA) 71 Frederick W. Pontius 4.1 Introduction, 71 4.2 Early Development of Drinking Water Standards, 72 4.3 The Safe Drinking Water Act of 1974, 73 4.4 1986 SDWA Amendments, 79 4.5 1988 Lead Contamination Control Act, 80 4.6 1996 SDWA Amendments, 81 4.7 Public Health Security and Bioterrorism Preparedness and Response Act, 91 4.8 Future Outlook, 95 5 SDWA: Looking to the Future 105 Diane VanDe Hei and Thomas Schaeffer 5.1 Introduction, 105 5.2 U.S. Governmental Structure, 105 5.3 How Laws Are Made, 107 5.4 Forces Shaping the SDWA and Amendments, 111 5.5 Future Amendments to the SDWA, 121 5.6 Outlook for Major Change, 0127 PART II REGULATION DEVELOPMENT 131 6 Toxicological Basis for Drinking Water Risk Assessment 133 Joyce Morrissey Donohue and Jennifer Orme-Zavaleta 6.1 Introduction, 133 6.2 Toxicological Evaluation of Drinking Water Contaminants, 133 6.3 Use of Toxicity Information in Risk Assessment, 137 6.4 Health Advisories, 143 6.5 Future Outlook, 145 7 Epidemiologic Concepts for Interpreting Findings in Studies of Drinking Water Exposures 147 Gunther F. Craun, Rebecca L. Calderon and Floyd J. Frost 7.1 Introduction, 147 7.2 What Is Epidemiology?, 149 7.3 Historical Origins, 149 7.4 Disease Models, 150 7.5 Basic Measures of Disease Frequency, 152 7.6 Types of Epidemiologic Studies, 156 7.7 Examples: Experimental, Cohort, and Case–Control Studies, 170 7.8 Future Trends in Epidemiology and Drinking Water, 178 8 Application of Risk Assessments in Crafting Drinking Water Regulations 183 Bruce A. Macler 8.1 Introduction, 183 8.2 Risk Assessment Approaches for Drinking Water Regulations, 184 8.3 Risk Mandates from the Safe Drinking Water Act, 188 8.4 Developing MCLs and Treatment Techniques, 189 8.5 Future Outlook, 195 9 ‘‘Sound’’ Science and Drinking Water Regulation 197 Frederick W. Pontius 9.1 Introduction, 197 9.2 Elements of ‘‘Sound’’ Science, 198 9.3 Peer Involvement, 206 9.4 Scientific Disagreement, 209 9.5 ‘‘Junk’’ Science, 210 9.6 Causation and Causal Inference, 211 9.7 Science and SDWA Regulations, 214 9.8 Science and the Courts, 215 9.9 Future Developments and Trends, 221 10 Benefit–Cost Analysis and Drinking Water Regulation 225 Robert S. Raucher 10.1 Introduction, 225 10.2 Benefit–Cost Analysis (BCA) Under the SDWA, 226 10.3 Historical Application of BCA, 227 10.4 USEPA Policies and Practices, 228 10.5 Comparing Benefits to Costs, 229 10.6 Measures of Risk Reduction Benefits, 233 10.7 Benefits Transfer to Drinking Water, 238 and Income Growth, 241 10.8 Uncertainty and Variability, 242 10.9 Precautionary Assumptions versus Central Tendencies, 244 10.10 Omitted or Unquantified Benefits and Costs, 246 10.11 Uncertain Costs, 247 10.12 Future Outlook, 247 11 Public Involvement in Regulation Development 251 Frederick W. Pontius 11.1 Introduction, 251 11.2 Who is the Public?, 251 11.3 Objectives Determine Involvement Level, 252 11.4 Involvement during the Rulemaking Process, 253 11.5 Federal Agency Advisory Committees, 261 11.6 Regulatory Negotiation, 266 11.7 Judicial Review, 268 11.8 USEPA’s Public Involvement Policy, 269 11.9 The Future of Public Participation, 271 PART III CONTAMINANT REGULATION AND TREATMENT 275 12 Control of Drinking Water Pathogens and Disinfection Byproducts 277 Stig E. Regli, Paul S. Berger and Thomas R. Grubbs 12.1 Introduction, 277 12.2 Control of Waterborne Pathogens Before the 1970s, 277 12.3 Control of Waterborne Pathogens and DBPs in the 1970s, 280 12.4 Control of Waterborne Pathogens and DBPs in the 1980s, 284 12.5 Control of Waterborne Pathogens and DBPs in the 1990s and Beyond, 289 12.6 A View Toward the Future, 301 13 Regulating Radionuclides in Drinking Water 307 David R. Huber 13.1 Introduction, 307 13.2 Radiation Basics, 310 13.3 SDWA Requirements for Radionuclide Standards, 312 13.4 1976 Radionuclide Regulations, 314 13.5 1991 Proposed Radionuclides Rule, 317 13.6 1996 SDWA Amendments and Rule Revisions, 318 13.7 2000 Final Radionuclides Rule, 322 13.8 Future Outlook, 336 14 Risk-Based Framework for Future Regulatory Decision-Making 339 Mark Gibson and Mike Osinsiki 14.1 Introduction, 339 14.2 SDWA Amendments of 1996, 340 14.3 Role of Third-Party Consultations in Regulatory Development, 342 14.4 Role of USEPA Programs, 344 14.5 Development of the First CCL, 347 14.6 Public Health Decisions from the 1998 CCL, 349 14.7 Development of Future CCLs, 356 14.8 Illustration of a Prototype Classification Scheme, 368 14.9 Virulence Factor–Activity Relationships (VFARs), 375 14.10 NRC Recommendations and Future Directions, 376 15 Selection of Treatment Technology for SDWA Compliance 381 Frederick W. Pontius 15.1 Introduction, 381 15.2 SDWA Requirements Affecting Technology Selection, 381 15.3 Acceptance of New Technology, 385 15.4 Advanced Treatment Technology Overview, 386 15.5 Simultaneous Compliance, 395 15.6 Process Optimization, 396 15.7 Technology Selection, 396 16 SDWA Compliance Using Point-of-Use (POU) and Point-of-Entry (POE) Treatment 403 Frederick W. Pontius, Regu P. Regunathan and Joseph F. Harrison 16.1 Introduction, 403 16.2 POU and POE Technology Benefits, 404 16.3 POU and POE Technology Limitations, 405 16.4 SDWA Requirements for POU and POE Technology, 407 16.5 Certification Programs, 408 16.6 POU and POE Technology Overview, 411 16.7 Selecting POU and POE Technologies, 417 16.8 Installation and Maintenance, 420 16.9 Monitoring, 422 16.10 Implementation Issues and Strategies, 422 16.11 Future Outlook and Trends, 427 PART IV COMPLIANCE CHALLENGES 431 17 Death of the Silent Service: Meeting Consumer Expectations 433 Elisa M. Speranza 17.1 Introduction, 433 17.2 Who Are Water Utility Customers?, 433 17.3 Public Water Suppliers as a Monopoly, 436 17.4 Where Customers Obtain Information, 436 17.5 What Customers Think and Want, 437 17.6 Gaining Customer Support, 441 17.7 Communicating with Customers, 441 17.8 Benefits of Customer Communication, 446 18 Achieving the Capacity to Comply 449 Peter E. Shanaghan and Jennifer Bielanski 18.1 Introduction, 449 18.2 Water System Capacity, 450 18.3 Assessing Water System Capacity, 452 18.4 Enhancing System Capacity, 455 18.5 Future Outlook, 461 19 Achieving Sustainable Water Systems 463 Janice A. Beecher 19.1 Introduction, 463 19.2 Sustainable Systems, 464 19.3 Sustainability and the SDWA, 468 19.4 Affordability and Sustainability, 473 19.5 Pricing Theory, 477 19.6 Rate Design, 481 19.7 Future Trends in Achieving Sustainability, 487 20 Protecting Sensitive Subpopulations 491 Jeffrey K. Griffiths 20.1 Introduction, 491 20.2 Defining Sensitive Subpopulations, 491 20.3 Sensitive Subpopulations and the SDWA, 492 20.4 Identifying Sensitive Subpopulations, 493 20.5 What Makes a Person or Population Sensitive?, 495 20.6 Which Sensitive Subpopulations Are of Concern to Water Providers?, 505 20.7 Can or Should a Water Supplier Identify Who Belongs to a Sensitive Subpopulation?, 506 20.8 Nontransient and Transient Noncommunity Systems, 506 20.9 Public Health Concepts Relevant to Sensitive Subpopulations, 507 20.10 Future Outlook, 509 21 Environmental Justice and Drinking Water Regulation 513 Frederick W. Pontius 21.1 Introduction, 513 21.2 Environmental Justice as a Movement, 513 21.3 Identifying Environmental Justice Situations, 517 21.4 Environmental Justice and Contaminant Regulation, 526 21.5 Implications for Water Utilities, 528 21.6 Future Outlook, 529 22 What Water Suppliers Need to Know about Toxic Tort Litigation 533 Kenneth A. Rubin 22.1 Introduction, 533 22.2 Basics of Toxic Torts, 534 22.3 What Plaintiffs Must Prove, 538 22.4 Key Steps in Litigation, 543 22.5 Case Histories Involving Water Suppliers, 549 22.6 Future Outlook for Tort Litigation, 552 23 Intellectual Property Laws and Water Technology 555 Linda E. B. Hansen 23.1 Introduction, 555 23.2 Property, Copyrights, Trademarks, and Patents, 555 23.3 Patent Laws, 556 23.4 Obtaining a Patent, 563 23.5 Patent Infringement, 564 23.6 Future Outlook in Intellectual Property Law, 566 24 Water System Security 567 Frederick W. Pontius 24.1 Introduction, 567 24.2 Threats to Public Water Systems, 568 24.3 SDWA Security Provisions, 570 24.4 Department of Homeland Security, 576 24.5 Future Outlook, 580 Appendixes A Summary Tables of Drinking Water Standards and Health Advisories 583 USEPA Office of Ground Water and Drinking Water and USEPA Office of Science and Technology B 1962 U.S. Public Health Service Standards 621 C Section-by-Section Summary of the SDWA 635 Frederick W. Pontius D Text of the SDWA as Amended and Related Statutes 721 Compiled by Frederick W. Pontius E How Our Laws are Made 871 Charles W. Johnson F Enactment of a Law 923 Robert B. Dove G Listing of Drinking Water Federal Register Notices 953 Compiled by Frederick W. Pontius, P.E. H Outline of 40 CFR 141, 142, and 143 971 Compiled by Frederick W. Pontius I Example Capacity Development Tool 979 South Dakota Department of Environment and Natural Resources J U.S. Water Industry Statistics 995 USEPA Office of Ground Water and Drinking Water Index 1009

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Book SynopsisThere''s no dearth of books on the logistics of event planning, but not much has been published to address the legal and business issues that concern the thousands of companies that make up this industry. This book covers all the legal and business issues that special events professionals need to understand -- from contractual considerations to little-known governmental regulations with heavy ramifications. Ignorance of the law can prove very costly in an industry in which expectations must be met the first time, and in our ever-more litigious society, the need for this niche title is clear.Table of ContentsIntroduction. Chapter 1: Starting an Event Business. Chapter 2: Buying an Event Business. Chapter 3: Partners and Shareholders. Chapter 4: Financing: Working with Banks and Leasing Companies. Chapter 5: Planning. Chapter 6: Operating a Business. Chapter 7: Client Service. Chapter 8: Contracts. Chapter 9: Employee Issues. Chapter 10: Insurance. Chapter 11: Labor Unions. Chapter 12: Landlord-Tenant Concerns. Chapter 13: Trucking. Chapter 14: Intellectual Property. Chapter 15: Accounting. Chapter 16: Legal Liability. Chapter 17: Ethics. Chapter 18: Exit Strategies. Chapter 19: The Last Word. Chapter 20: Important Documents Checklist. Appendix: Sample Documents. References. Index.

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Book SynopsisAviation law, with its associated flight rules and procedures, has always been a difficult subject for students and this well established text has provided an authoritative guide to the subject. Now, with the introduction of the Joint Airworthiness Requirements Flight Crew Licensing (JAR - FCL) examinations, it has been completely rewritten to cover the new syllabuses and to take account of the new FCL style of examinations. The opportunity has been taken to simplify presentation of information, with more checklists to aid revision work. Tests are included which are cross referenced to the pages containing the relevant text.Table of ContentsPreface. Abbreviations. 1 International and UK Air Law. 2 Airspace Divisions. 3 Visual Flight Rules and Instrument Flight Rules (VFR and IFR). 4 Altimeter Setting Procedures. 5 Aeronautical Information Service (AIS). 6 Aerodromes - General. 7 Flight Separation, Flight Planning, Carriage of Radio Equipment. 8 Flight at Aerodromes. 9 Flight in Other Types of Airspace. 10 Use of Radar in Air Traffic Services (ATS). 11 Airspace Restrictions, AIRPROX Procedures, Low Level Rules. 12 Meteorology. 13 Communications. 14 Search and Rescue. 15 Entry, Transit and Departure of Aircraft. 16 Aircraft Registration and Airworthiness (ICAO Annex 8). 17 Flight Personnel. 18 Operation of Aircraft (ICAO Annex 6 - Operation of Aircraft). 19 Documents and reports. 20 Rules of the Air, Aircraft Lights and Marshalling Signals. 21 Miscellaneous Information. Test and Answers. Index.

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Book SynopsisThe ideal of evenly balanced sporting contests is continually challenged by economic, social, and technological forces. Consequently, Weiler argues, the law is essential to level the playing field for players, owners, fans, and taxpayers. Weiler analyzes a wide array of moral and economic issues that arise in all American competitive sports.Trade ReviewPaul Weiler has always been a name and an opinion you can trust in the sports industry. His advice is sought out by all. He has created a standard that will be hard to duplicate. -- Gene Upshaw, Executive Director of the NFL Players AssociationAn insightful and penetrating book about the problems of professional sports leagues in the United States...Although most of Leveling the Playing Field deals with economic and legal issues affecting pro sports...most interesting...are Weiler's ideas about how to balance the field, improve equitable treatment of athletes and avoid labor unrest...Leveling the Playing Field is a levelheaded, sophisticated and important look into what ails professional sports in the United States and what can be done about it. -- Andrew Zimbalist * Washington Post *[A] keen-edged dissection of modern professional sports in America. -- Mike Leary * Baltimore Sun *[Leveling the Playing Field] may be the best work in the field...[It] offers an accessible, comprehensive analysis of the nature of the professional sports enterprise, and presents the author's vision for how it should be reordered. To my knowledge, no one has done this before. Rich and provocative...[Weiler's] book is chock-full of inventive, provocative, even audacious, proposals for reforming the four major professional team sports [baseball, basketball, football and hockey]...This is a book that cannot be ignored. Leveling the Playing Field likely will become the starting point for any discussion of the state of the North American sports enterprise at the turn of the new century. -- Roger I. Abrams * Jurist: Books-on-Law *This provocative book combines the broad knowledge of an all-seasons sports fan with the clarity of an anti-trust lawyer. Weiler...approaches major league sports as a special study in cartel theory...[He] writes lucidly and persuasively; rarely has the surface of professional sports been so revealingly pared away. -- Allen D. Boyer * New York Times Book Review *Leave it to a professor from Harvard Law School to untangle the dizzying realities of contemporary sports, then offer valid proposals for dealing with escalating salaries, antisocial off-field player behavior, revenue sharing and stadium quandaries. * USA Today Baseball Weekly *Making sense of the business of professional sports demands advanced degrees in law and commerce. Who but the experts can fathom the complexities of hard and soft salary caps, Group Two free agencies, revenue-sharing and the intricacies of collective-bargaining agreements? Happily, Paul Weiler has arrived to answer the literate...fan's many questions while providing a road map for players, owners, and governments about how to put professional sports on a better financial footing while retaining fan loyalty...Weiler has delivered a wonderfully balanced, nuanced, and richly detailed look at professional sports. -- Jeffrey Simpson * Globe and Mail *Paul Weiler has been at the forefront for a long time as an expert in sports and labor. He has been consulted in many of the cases that helped shape the way sports changed in the 70s and 80s on the way to the collective bargaining agreements that all leagues are now working with. He has a better grasp of this subject than anyone I know. When it comes to sports law, Paul Weiler knows the answer before you ask the question. -- Will McDonough * Boston Globe *Leveling the Playing Field is likely to become a starting point for any discussion of the American sports enterprise. It is a history book, filled with storytelling and inside sports gossip of interest to the fans, with some very telling conclusions bound to create a fair amount of controversy. Weiler approaches the sports enterprise with confidence, leaving nothing sacred and untouchable. -- Roger I. Abrams, Dean, Northeastern University School of Law, author of Legal Bases: Baseball and the LawThe idea that the American legal system can improve something for the public benefit is indeed novel, and many potential readers may be intrigued by such an unusual, first-time-for-everything prospect…The discussion finally reveals major league sport for what it really is: a vast funneling operation by which public money is transferred into the pockets of a few playing partners. -- John Barnes * ISUMA *Table of ContentsPrologue: Sports on Trial PART 1: THE INTEGRITY OF SPORTS 1. Misconduct on the Field 2. Honoring Civil Rights in Sports 3. The Deadliest Sin in Sports 4. The Sports War on Drugs 5. Athletes as Role Models 6. The Moral Ideal for American Sports PART 2: OWNERS VERSUS PLAYERS 7. Show Us the Money 8. Sports Joins the Union 9. Opening the Flood-Gates 10. What Antitrust Did for Players 11. How to Level the Player Field 12. Salary Sharing among Players PART 3: OWNERS VERSUS OWNERS--AND FANS/B> 13. The Brave New World of Franchise Free Agency 14. How Far Have We Traveled? 15. What the Law Should Do with Raiders 16. Stadium Socialism or a Stadium Cap? 17. Sports in Intellectual Space 18. What Should Leagues Be Like? 19. Expand or Break Up the Big Leagues? 20. A Better World for Fans Epilogue: A Performance--Enhancing Law for Sports Acknowledgments Index

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Book SynopsisThis is a comprehensive review of the issues that readers need to be aware of when negotiating the minefield of professional services contracts in the construction industry.Table of Contents1. Introduction 2. The client 3. Forming the appointment 4. General clauses 5. The services 6. Payment of fees 7. Termination and suspension 8. Intellectual property rights 9. Liability for work carried out by others 10. Agency 11. Statements, certificates and reports 12. Insurance and liability 13. Limitation and exclusion of liability 14. Indemnities 15. Set-off, liens, retentions and liquidated damages 16. Assignments and novations 17. Collateral warranties 18. Guarantees and bonds 19. The Construction (Design and Management) Regulations 2007 20. Law and jurisdiction, and dispute resolution 21. Adjudication 22. Management of risks Appendices

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Book SynopsisFIDIC Users'' Guide: A practical guide to the Red, Yellow, MDB Harmonised and Subcontract Books focuses on the practical administration of the Federation Internationale des Ingenieurs-Conseils (FIDIC) Conditions of Contract for Construction and the Conditions of Contract for Plant & Design-Build, a revised family of Conditions of Contract published in 1999 to address the increasing size and complexity of construction projects. Brian Barr and Leo Grutters have comprehensively updated Brian Totterdill's previous edition, taking into account newly published forms of contract, case studies, and FIDIC's expansion into a more international arena. The book recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by experienced international organisations. Thus, the new edition of the FIDIC Users'' Guide aims improve working relationships between all contract parties. FIDIC Users'' Guide: ATrade ReviewThis work of reference brings professional insights into and practical solutions for the more contentious and controversial issues when dealing with FIDIC contracts. -- Dr. Cyril Chern, Barrister, Dispute Board FederationTable of ContentsPart 1. The Traditional and the 1999 FIDIC Conditions of Contract Part 2. The FIDIC Conditions of Contract for Construction and for Plant and Design-Build Part 3. Appendices Part 4. MDB Harmonised Edition of the FIDIC Conditions of Contract for Construction Part 5. Sub-Clause comparison

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Book SynopsisRoger Wrapson was Senior Manager of the Road Haulage Association and the Association's Dangerous Goods Expert for 18 years. He is a Dangerous Goods Safety Advisor and a member of the IRU's International Group of Experts on Dangerous Goods.

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Book SynopsisRecreational boating presents more than its fair share of legal hazards. An unsuspecting buyer may discover too late that the yacht is encumbered by secret maritime liens incurred by a previous owner. A marine insurer may deny coverage for a total loss based on a seemingly innocent misrepresentation in the insurance application. A boat owner may mistakenly believe that a rescue from a grounding is covered by a prepaid towage plan, when in fact the rescuer will be making a very expensive claim for marine salvage. These and other dilemmas unique to maritime law appear repeatedly in the court decisions relating to recreational boating. This book focuses on those maritime law issues that are most likely to affect the typical recreational boater. It explains the legal concepts in plain language, giving examples from reported cases. Where possible, the author provides practical advice on how to avoid the most-common pitfalls. It is a guide for all those in the recreational boating industry who want a better understanding of maritime law, and even for lawyers looking for a primer in this very specialized area of the law.

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Book SynopsisExamines whether the roles of higher education institutions have changed, what academics and universities should be doing, and how technology transfer can be made effective and efficient. This book can help readers to understand about an increasingly important aspect of academia and business.Table of ContentsAbout the Contributors Preface 1. Introduction by Graham Richards 2. The Confused Situation by Graham Richards 3. Bayh-Dole-Thatcher by Graham Richards 4. Academic Rogues by Graham Richards 5. A Judge's View by The Rt. Hon. Sir Robin Jacob 6. The Viewpoint of a Patent Attorney by Ian Bingham 7. Technology Transfer Office: The Next Step by Patricia Barclay 8. Waking a Sleeping Giant: Commercialising University Research by Roya Ghafele 9. Academic Research and Commercialisation by Alexander Weedon 10. University Patenting and the Advancement of Knowledge by Catherine Rhodes 11. Some Final Thoughts by Graham Richards Index

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Book SynopsisA clear, concise introduction to construction law for professionals Construction Law: An Introduction for Engineers, Architects, and Contractors offers a comprehensive review of the U.S. legal environment, focusing on the legal concepts and issues applicable to the design and construction industries. Topics covered include: Basic legal principles Project participants Project delivery systems Construction contracts The design process Procurement Pricing construction projects Subcontractors and suppliers Time for performance Construction scheduling Contract administration The payment process Changes to the work Differing site conditions Termination of the construction contract Mechanic''s liens Construction insurance Surety bonds Liability for defective construction Calculations of damages

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Book SynopsisThe majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter.Table of ContentsPreface xiii 1 Background and Introduction 1 1.1 The Joint Contracts Tribunal (JCT) 1 1.2 Sub-contracting 1 1.3 The formation of contracts and sub-contracts 2 1.4 Standard forms of contract and sub-contract 6 1.5 The JCT Sub-contracts dealt with within the chapters of this book 7 1.6 The JCT Sub-contracts not dealt with in the chapters of this book 10 2 The Sub-contract Agreement 17 2.1 Introduction 17 2.2 The structure of the sub-contract agreement 19 2.3 The recitals 20 2.4 The articles 22 2.5 The sub-contract particulars 23 2.6 Attestation forms 35 2.7 Schedule of information 37 2.8 Supplementary particulars 38 2.9 Equivalent sub-contract provisions 38 3 Definitions and Interpretations 44 3.1 Introduction 44 3.2 Definitions 44 3.3 Interpretation 45 3.4 Reckoning periods of days 46 3.5 Contracts (Rights of Third Parties) Act 1999 46 3.6 Giving of service of notices and other documents 46 3.7 Effect of the final payment notice (or the default payment notice) 47 3.8 Applicable law 49 3.9 Equivalent sub-contract provisions 49 4 Sub-contractors’ General Obligations 51 4.1 Introduction 51 4.2 General obligations 53 4.3 Sub-contractor’s design 59 4.4 Materials, goods and workmanship 71 4.5 Compliance with main contract and indemnity 75 4.6 Errors, discrepancies and divergences 76 4.7 Equivalent sub-contract provisions 80 5 Time 85 5.1 Introduction 85 5.2 Time and the adjustment to the period for completion 86 5.3 Practical completion and lateness 96 5.4 Equivalent sub-contract provisions 98 6 Defects, Design Documents and Warranties 102 6.1 Introduction 102 6.2 Defects 103 6.3 Sub-contractor’s design documents 107 6.4 Collateral warranties 108 6.5 Equivalent sub-contract provisions 113 7 Control of the Sub-contract Works 114 7.1 Introduction 114 7.2 Assignment and sub-letting 116 7.3 Person-in-charge 118 7.4 Access provided by the sub-contractor 119 7.5 Opening up the works and remedial measures 119 7.6 Attendance and site conduct 123 7.7 Health and safety and CDM 129 7.8 The CDM Regulations (i.e. the Construction (Design and Management) Regulations 2015) 135 7.9 Suspension of the main contract by the contractor 142 7.10 Benefits under the main contract 146 7.11 Certificates/statements or notices under the main contract 146 7.12 Equivalent sub-contract provisions 147 8 Payment 150 8.1 Introduction 150 8.2 The amount due in respect of interim payments 151 8.3 Unfixed materials 152 8.4 The amount due in respect of the final payment 153 8.5 Retention 156 8.6 Payment due dates and final dates for payment for interim payments 159 8.7 Payment Notices and Pay Less Notices for interim payments 160 8.8 The payment due date and the final date for payment for the final payment 162 8.9 Payment Notices and Pay Less Notices in respect of the final payment 162 8.10 VAT (Value Added Tax) 164 8.11 Construction Industry Scheme (CIS) 164 8.12 Interest 164 8.13 Sub-contractor’s right of suspension 165 8.14 Fluctuations 166 8.15 Equivalent sub-contract provisions 167 9 Loss and Expense 171 9.1 Introduction 171 9.2 Can common law damages claims be excluded by the contract? 173 9.3 Are claims for extensions of time and loss and/or expense linked? 173 9.4 What are the grounds/requirements for loss and expense? 174 9.5 What are Relevant Sub-contract Matters? 174 9.6 Can the contractor recover direct loss and/or expense from the sub-contractor? 176 9.7 In pursuing a loss and expense claim, what does a sub-contractor need to prove? 177 9.8 What needs to be proved in a loss and expense claim document? 179 9.9 What is a global claim? 180 9.10 Common heads of a loss and expense claim 182 9.11 Prolongation costs 183 9.12 Disruption claims 186 9.13 Winter working 187 9.14 Head office overheads and profit 187 9.15 Loss of profit 190 9.16 Increased costs 190 9.17 Cost of claim preparation 191 9.18 Interest and finance charges 191 9.19 Acceleration 192 9.20 Common law damages 193 9.21 Equivalent sub-contract provisions 196 10 Variations 197 10.1 Introduction 197 10.2 What is a variation? 198 10.3 How is a variation instructed? 198 10.4 Can a variation vitiate a contract? 199 10.5 Must a sub-contractor comply with all variation directions issued? 200 10.6 Must a sub-contractor comply with all variation directions issued that may injuriously affect the efficacy of the sub-contractor’s design? 200 10.7 What happens if a sub-contractor does not comply with a direction issued? 201 10.8 How should variations be valued? 201 10.9 How should variations that relate to a sub-contractor’s design work be valued? 201 10.10 What is the procedure to be followed in respect of a schedule 2 quotation? 202 10.11 What are the valuation rules? 205 10.12 Equivalent sub-contract provisions 210 11 Injury, Damage and Insurance 214 11.1 Introduction 214 11.2 Sub-contractor’s liability for personal injury or death 215 11.3 The sub-contractor’s liability for injury or damage to property 216 11.4 The sub-contractor’s liability for loss or damage to the sub-contract works 217 11.5 What Specified Perils insurance cover, in respect of loss or damage to works and site materials, does the sub-contractor obtain under the joint names all risks policies? 218 11.6 What is the sub-contractor’s liability for damage to the sub-contract works? 218 11.7 What are the employer’s options where terrorism cover is not available? 220 11.8 Is the contractor responsible for damage caused to the sub-contractor’s plant, etc.? 221 11.9 Is the sub-contractor required to take out professional indemnity insurance? 221 11.10 When and how does the Joint Fire Code apply? 222 11.11 Equivalent sub-contract provisions 223 12 Termination of Sub-contract 226 12.1 Introduction 226 12.2 How can a contract come to an end? 227 12.3 What can cause a sub-contract to be terminated? 228 12.4 What is a breach of contract? 228 12.5 Will any breach of contract enable one to terminate the sub-contract? 228 12.6 What is a repudiatory breach at common law? 229 12.7 Why have termination provisions in the contract if the sub-contract can be terminated at common law? 229 12.8 What is the effect of a sub-contract being terminated at common law? 230 12.9 Are the effects of a sub-contract being terminated under common law or by contractual provisions the same? 230 12.10 Where can the contractual termination provisions be located in the Sub-contract? 231 12.11 Are the party’s common law termination rights preserved under the Sub-contract? 231 12.12 What reasons give the contractor a right to terminate the sub-contractor’s employment under the JCT Sub-contract Conditions? 231 12.13 What is deemed to be default by the sub-contractor under clause 7.4.1 of SBCSub/D/C? 231 12.14 What happens when a sub-contractor commits a specified default noted at clause 7.4.1 of SBCSub/D/C? 232 12.15 Must all notices either by the Contractor or the Sub-contractor referred to under Section 7 ‘Termination’ of the sub-contract conditions be given in accordance with clause 1.7.4? 233 12.16 What does insolvency of the sub-contractor mean? 233 12.17 What happens when the sub-contractor becomes insolvent? 234 12.18 What does corruption entail? 235 12.19 What are the consequences of the contractor terminating the sub-contractor’s employment? 235 12.20 What reasons give the sub-contractor the right to terminate his or her employment under the JCT subcontract conditions? 237 12.21 What is deemed to be default by the contractor under clause 7.8.1 of SBCSub/D/C? 237 12.22 What happens when a contractor commits a specified default noted under clause 7.8.1 of SBCSub/D/C? 238 12.23 What does insolvency of the contractor mean? 239 12.24 What happens when the contractor becomes insolvent? 239 12.25 What are the consequences of the sub-contractor terminating his or her own employment? 240 12.26 If a sub-contractor’s employment is terminated for any reason, can it subsequently be reinstated? 242 12.27 Equivalent sub-contract provisions 242 13 Settlement of Disputes 245 13.1 Introduction 245 13.2 Mediation 245 13.3 Adjudication 247 13.4 Arbitration 253 13.5 Litigation 260 13.6 Equivalent Sub]contract provisions 263 Table of Cases 265 Table of Statutes and Regulations 269 Index 271

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Book SynopsisMethodologies and Challenges in Forensic Linguistic Casework Discover more about Forensic Linguistics, a fascinating cross-disciplinary field from an international team of renowned contributors Methodologies and Challenges in Forensic Linguistic Casework provides an overview of the range of forensic linguistic casework typically found in investigative and judicial contexts. In these case studies, the authors demonstrate how linguistic theory is applied in real-life forensic situations and the constraints and challenges they have to deal with. Drawing on linguistic expertise from the USA and Europe involving casework in English, Spanish, Danish and Portuguese, our contributing practitioners exemplify the most common types of text analysis such as identifying faked texts, suspect profiling, analyzing texts whose authorship is questioned, and giving expert opinions on meaning and understanding. Methodologies and Challenges in Forensic Linguistic Casework is designed for investigators aTable of ContentsSeries Preface viii Acknowledgements x About the Editors xi 1 Forensic Linguistic Casework 1Isabel Picornell and Ria Perkins Section 1 2 The Starbuck Case: Methods for Addressing Confirmation Bias in Forensic Authorship Analysis 13Tim Grant and Jack Grieve 3 A Forensic Authorship Analysis of the Ayia Napa Rape Statement 29Lisa Donlan and Andrea Nini 4 Linguistic Profiling: A Spanish Case Study 44Sheila Queralt 5 Other Language Influence Detection: Profiling the Native Language of a Dark Web Pedophile 63Ria Perkins 6 Forensic Plagiarism Detection and Analysis 77Rui Sousa Silva Section 2 7 Mourning the Slow Death of Miranda: California v. Ceja 95Gerald R. McMenamin 8 Detecting Faked Texts 114Isabel Picornell and Malcolm Coulthard 9 Joining ISIS? A Pragmatic Discourse Analysis of Chat Messages in a Counterterrorism Case 129Tanya Karoli Christensen 10 "I Wanted to Leave A Long Time Ago": Casework in Suicide Letter Analysis: Methods Used and Lessons Learned 145I. M. Nick 11 Casework in Forensic Linguistics: Looking Outward 162Isabel Picornell Index 170

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Book SynopsisA little book that's big on information, the Architect's Legal Pocket Book is the definitive reference guide on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information.Now in its third edition, this bestselling book has been fully updated throughout to provide you with the most current information available. Subjects include contract administration, building legislation, planning, listed buildings, contract law, negligence, liability and dispute resolution. This edition also contains new cases and legislation, government policy, contract terms and certificates including the RIBA contract administration certificates, inspection duties and practical completion, The Building a Safer Future, Proposals for Reform of the Building Safety Regulatory System Report, the Hackitt review, the Report of the Independent Inquiry into tTable of ContentsPreface to the Third Edition 1. Legal framework 2. Legislation 3. Town and country planning 4. Land law 5. General principles of the law of tort 6. General principles of contract law 7. Types of construction contracts 8. Contract administration 9. Dispute resolution 10. Design coordination Further reading Glossary Bibliography Subject index Index of cases Index of statutes

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Book SynopsisSocial Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services, now in its third edition. Pollack and Kleinman present an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examinations of the reasoning and implications of each decision. This new edition includes over twenty new cases, all of which happened between 2010 and 2014, making this one of the most significant and timely investigations of how social work and the law intersect. Special attention is paid to recent rulings in child welfare and social worker liability. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers. Trade ReviewWith the good fortune of reviewing all three editions of Social Work and the Courts while in the manuscript phase, I am able to state that Pollack and Kleinman have continued to produce a brilliant analysis of the impact of law on social work practice. I continue to believe that this work is the best supplemental reading currently on the market. In fact, I continue to believe that social work professors are doing a disservice if they fail to require reading sections of this book as supplemental course assignments.—Stephen M. Marson, PhD, ACSW, is the editor of The Journal of Social Work Values and EthicsThis book is a "must have" for anyone—lawyer, social worker or agency administrator—who is involved with the delivery of social services. By careful analysis of selected cases, each chapter is a springboard into the legal issues that affect social workers. Each analysis contains an "implications" section that explains "what the decision means" and is quite useful as a source of guidance for special workers and those who develop and implement agency policy.—Harvey Schweitzer, JD, is a professor at St. Francis School of LawThis text provides valuable insight into the ways in which law intersects with social work. Pollack and Kleinman review the most relevant court cases in a number of areas including child welfare, mental health practice, and aging, to list just some. In addition to reviewing the facts of cases, the authors summarize the reasoning and implications of the cases for social workers in clear, succinct prose that highlights professional applications.—David R. Hodge, PhD, is a professor in the School of Social Work at Arizona State University and a senior nonresident fellow in the Program for Research on Religion and Urban Civil Society at the University of Pennsylvania.Table of Contents1. Child Welfare 2. Social Worker Liability and Immunity 3. Mental Health Issues 4. Aging 5. Women and the Law 6. Income Support 7. Social Workers in Court 8. Social Workers as Employees 9. Public Policy

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Book SynopsisRichard Griffith is a senior lecturer at the College of Human and Health Sciences, Swansea University. Iwan Dowie is a senior lecturer in the Faculty of Life Sciences and Education at the University of South Wales.Table of ContentsNew Version Guided Tour Table of Cases Table of Statutes Abbreviations Preface to eighth edition Acknowledgements Publisher's Acknowledgements Part I General Principles affecting all nurses Introduction: Professionalism, the legal system and human rights Actions in the criminal courts and defences to criminal charges Liability in a civil court case for negligence Specific problem areas in civil liability: Personal liability of the nurse, vicarious liability of the employer and managerial issues Statutory functions and management of the NHS Progress of a civil claim: defences and compensation Consent to treatment and informing the patient Data protection: confidentiality and access Record keeping, statements and evidence in court The nurse and employment law The nurse as a registered professional Health and safety and the nurse Part II Specialist areas Children and young persons The nurse on the gynaecology ward Acute care Learning disabilities and safeguarding people Nurse educator and researcher Legal aspects of the care of older people Nursing people with mental health problems or learning disability Accident and emergency, outpatients, genito-urinary departments day surgery Human fertility and genetics Community and primary care nursing Scope of professional practice, clinical nurse specialists and consultant nurse Part III General areas Legal aspects of property Legal aspects of public health Handling complaints Legal aspects of medicines End-of-life care and death Complementary and alternative therapies The future Glossary Further Reading Websites Index

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Trade ReviewThis textbook highlights the importance of understanding the legal context for ethical and effective social work practice. Written in an accessible manner, it covers areas of law that are particularly relevant to social workers. The inclusion of people’s experiences of the law helps to illustrate the tensions and opportunities that the legal context creates in practice. * Dr Jemma Venables, University of Queensland *The strengths of this book are the focus on Australian law, the topics and their relation to each other, the fit with semester and its scope. It is well structured and covers all the main areas for social work. * Dr Lynelle Watts, Curtin University *This book provides an accessible guide to ethical practice and makes a good link between understandings of justice and human rights. The level is appropriate, the structure is appealing, and the focus on advocacy is particularly useful for students in social work and new graduates. * Dr Prue Atkins, La Trobe University *Table of ContentsThe Australian legal system Legal Research Ethics, justice and the law Working in involuntary settings The legal obligations of social workers Going to court and giving evidence Working with lawyers Human rights and anti-discrimination law Social work in the criminal legal system (Co-authored with Katherine Ogilvie and Caroline Lambert) Families, children and young people (Co-authored with Francis Zemljak) First Nations People and Communities and the Law (Co-authored with Meena Singh) Adult Guardianship Law (Co-authored with Margaret Spencer) Mental health law Refugee and asylum law (Co-authored with Asher Hirsch) Ethical social work around the law Changing the legal system

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Book SynopsisTable of ContentsAcknowledgments xiii About the Author xv Preface xvii Disclaimer xix Introduction xxi The Goals of This Book xxi What Are the Benefits of This Book? xxi Contractor & Owner Conventions xxii Private Contracts or Government Contracts? xxii Key Contracting Concepts xxii Two Types of Commercial Terms & Conditions xxiii The Most Important Commercial Terms & Conditions xxv The Contracting Process xxv Terms & Conditions xxv The Concept of Risk Transfer xxvi This Is a Book Developed Just for Contractors xxvii Three Final Suggestions xxvii Chapter 1: Contracts: Basic Training 1 What Is a Contract? 1 The Steps to a Contract 1 Coming to the Party? 2 The Starting Point 3 “Here’s My Proposal” 4 “Consideration,” or Something of Value 5 The “Happy Test” 5 “Can That Person Sign This Contract?” 6 Call in the Enforcer to Close the Breach! 6 A Contract Example 8 Strange Words & Long Paragraphs 10 Contracting Myths 11 Contract Negotiations 12 Chapter 2: Types & Forms of Contracts 15 Fixed Price & Fixed Schedule Contracts 16 Reimbursable Type Contracts 16 Combined Fixed Price & Reimbursable Contracts 18 Cost Plus Fee Contracts 20 Guaranteed Maximum Price Contracts 21 Target Price Contracts 21 Contracts with Performance Incentives 22 Form of Contracts 23 Some Final Contract Housekeeping— Definitions 30 Conclusion 32 Chapter 3: Scope of Work 33 The Scope of Work Matrix 37 Scoping Drawings 39 Conclusion 40 Chapter 4: Terms of Payment & Cash Flow 41 Cash Flow 42 Interest Rates 44 Periodic Progress & Milestone Payments 45 Conclusion 59 Chapter 5: The Schedule 61 Float 62 Time Is of the Essence 64 Extra Time, but No Money 66 Conclusion 68 Chapter 6: Assurances of Performance 69 Guaranties & Bonds 70 What Does “Failure to Perform” Mean? 72 What Is a Bond? 72 Forms of Assurances of Performance 73 Surety Companies 78 Some Language Considerations on Guaranties & Bonds 82 Types of Performance Assurances 82 Conclusion 101 Chapter 7: Insurance 103 What Is Insurance? 104 Claims Made vs. Occurrence 105 Types of Insurance 106 Important Issues Associated with Insurance 112 Additional Insured Status 120 Additional Insurance Basics 121 A Typical Insurance Clause in a Construction Contract 134 Safety 140 Chapter 8: Indemnity 141 Insurance & Indemnity 142 Indemnity Definitions 142 Transferring the Owner’s Risks to Contractors 143 Fairness Is Not a Consideration 143 Is an Indemnity Required in a Construction Contract? 144 Anti- Indemnity Legislation 144 Examples of Indemnification Clauses 150 Indemnification, Additional Insured Status, & Contractual Liability Insurance 157 Owners Love CLAIMS! 161 Negotiating Indemnity Clauses 162 Knock- for- Knock Indemnities 165 Conclusion 166 Chapter 9: Changes 169 Some Ground Rules 170 Protecting the Project Manager 170 Owners’ Directives 171 Constructive Changes 171 Payment for Changes 172 Sample Change Clauses 172 Major Contract Changes 178 Negotiating Change Clauses 179 Conclusion 180 Chapter 10: Disputes & Their Resolution 183 What’s a Project Manager to Do? A Short Story to Start With 183 Disputes— The Construction Contract’s Bad Actor 184 An Ounce of Prevention 186 Dispute Resolution Options 186 The Folks who Negotiate, Mediate, Arbitrate, & Litigate 188 Dispute Resolution Clauses 189 Conclusion 192 Chapter 11: Damages 193 Breach of Contract/Failure to Perform 194 Contractors’ Financial Exposure 194 Actual Damages— A Silent Risk? 194 Liquidated Damages 196 Consequential Damages 204 Conclusion 206 Chapter 12: Warranties 207 A Workable Definition of Warranty 207 Warranty Issues 208 The Uniform Commercial Code 214 When Is No Warranty Appropriate? 217 Extended Duration Warranties 219 Limiting Provisions in Warranties 221 Pass- Through Warranties 221 Latent Defects & Warranty 222 A Sample Warranty 224 Conclusion 224 Chapter 13: Termination & Suspension 227 Termination for Cause 228 Termination for Convenience 229 Suspension 232 Cancellation 236 Conclusion 236 Chapter 14: Force Majeure 239 Negotiating Clauses 239 Sample Contract Language 240 Conclusion 244 Chapter 15: Other Contract Clauses 245 Site Conditions 246 Use of Completed Portions of the Work 251 Patent Indemnity 252 Secrecy & Confidentiality Clauses & Agreements 253 Owner’s Right to Inspect 254 Independent Contractors 257 Assignment 258 Acceptance & the Punch List 260 Advance & Partial Waiver of Liens 262 Final Waiver of Liens 265 Audit Rights 268 Severability or Validity Clauses 269 Venue & Applicable Law 269 Florida Civil Code Chapter 47 Venue 270 Texas Business & Commercial Code Annotated §272.001 271 Venue and Choice of Law State Statutes 271 Contractual Rendition? 271 Changes in the Law 272 Some Interesting Clauses to Close 273 Chapter 16: A Construction Contractor’s Contract Checklist 275 Chapter 17: International Contracting 283 International Contracts 284 The U.S. Foreign Corrupt Practices Act 285 Letters of Credit 286 Split Contracts: Onshore & Offshore Contracts 288 Political, Religious, & Economic Risks 289 Overseas Private Investment Corporation (OPIC) 290 Legal Systems in Foreign Countries 290 Local Employees, Partners, & Agents 291 Offshore Companies 292 Currency Risks 293 Applicable Law 297 Joint Ventures 299 Joint Operations 299 Import & Export Considerations 300 Understanding INCOTERMS 302 The Export‐ Import Bank of the United States 305 Where to Get Some Help— Ask the U.S. Government 306 Lastly, Use the Right Paper Size! 307 Conclusion 307 Chapter 18: What’s It Take to Do Business in Southeast Asia? 309 Patience Is Golden 310 Walk the Talk 310 Time and Money 311 The US Foreign Corrupt Practices Act 312 Center for Strategic and International Studies 313 Trans Pacific Partnership (TPP) 314 Backdoor to China and India 314 SPECIAL Section— The Socialist Republic of Vietnam (Vietnam) 316 Resources for Business in Southeast Asia 317 Chapter 19: Some Final Thoughts on Negotiating Contracts 319 Why Negotiate? 320 The Concept of Standard Terms & Conditions 320 Risk Transfer Item 1: Get Rid of the Indemnity Clause! 322 Risk Transfer Item 2: Don’t Provide Additional Insured Status 323 Risk Transfer Clauses, Insurance, & Safety 323 How to Say No without Aggravating the Owner 324 The Worst Contracting Word: “Reasonable” 324 The Best Contracting Word: “Notwith- standing” 325 Win- Win & Lose- Lose in Contract Negotiations— Fairy Tales? 326 Is There a Price for Bad Commercial Terms & Conditions? 327 Terms of Payment 327 Some Tips on Successful Negotiating 328 Three First (and Final) Suggestions 328 Resources 329 Glossary 333 Index 349

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Book SynopsisDespite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common.Trade Review"The fact that this book is not simply aimed at legal experts in no way detracts from the value of its contents, since the authors are all profoundly knowledgeable about the topics in question. An added benefit is that, notwithstanding the complex topic of the study, it is easy to read and highly educational, especially to non-legal specialists, and provides a strong blend of depth and simplicity. This book accordingly merits praise not only for its design, aim and objectives, but also, and in equal measure, for its form and content." Montserrat Abad Castelos, University Carlos III of Madrid, Review of European Community & International Environmental Law, 25 (1) 2016 "By delivering an extensive volume with a convincing structure and an intelligent system of cross-referencing throughout every one of its parts, Environmental and Energy Law manages to remain in a comfortable middle-ground between the legal abstraction of general principles and the details of regulations on technical standards. And this middle ground is precisely what allows the volume to be an interesting option for engineers, economists and even entrepreneurs apart from being a comprehensive source of information for legal scholars and an enjoyable textbook for students (of law or broader environmental studies alike) with exercises and case studies.� �The introductory intention � that stressed that lawyers would be invited to learn about engineering and scientific developments, preparing themselves for regulatory challenges of the future, is well kept: I could say that as an international lawyer, this volume indeed helped me to have a more accurate glimpse as to the links between environmental law and engineering and science. Indeed, after reaching the last page of this volume, I can affirm that Karen E. Makuch and Ricardo Pereira�s Environmental and Energy Law manages to demonstrate, with immediate and actual examples, that policy and regulation can act as major innovation-driving forces, a conclusion that is so important for engineers and investors as it is for all lawyers and students of law.� Nelson F. Coelho, Utrecht University, European Energy and Environmental Law Review, October 2015Table of ContentsNotes on the Contributors ix Preface xv List of Abbreviations xvii Part One Introduction 1 1 Introduction 3 Karen E. Makuch and Ricardo Pereira Questions and activities 32 Part Two Innovation, Sustainability and the Law 35 2 Sustainable Development and Best Available Techniques in International and European Law 37 Panos Merkouris 3 Environmental Regulation, Business Competitiveness and Corporate Responsibility 61 Ricardo Pereira 4 A Legal Framework for Clean Technology Transfer and Finance 75 Helena Wright and Ricardo Pereira 5 Technology Innovation and the Law – the Example of Climate Adaptation Technologies 92 Katrin Glatzel, Helena Wright, and Zen Makuch Questions and activities 115 Part Three Sustainable Energy and Climate Change Law 117 6 Sustainable Energy Law and Policy 119 Matthew Leach and Sandip Deshmukh 7 International and EU Climate Change Law 141 Ricardo Pereira and Charlotte Jourdain 8 UK Climate Change Law and Policy 172 Karen E. Makuch, Zen Makuch, Ricardo Pereira, and Charlotte Jourdain Questions and activities 193 Part Four Exploration and Exploitation Of Energy Resources 197 9 The Exploration and Exploitation of Energy Resources in International Law 199 Ricardo Pereira 10 Occupational Health and Safety Law: the Oil and Gas Industry 225 John Paterson 11 Energy Agreements – Force Majeure and Hardship Clauses 240 Isabelle Fellrath and Frank Spoorenberg Questions and activities 253 Part Five Clean Technologies And The Clean Development Mechanism 255 12 Carbon Capture and Storage Technologies – An Overview and Some Key Issues 257 Tim Cockerill 13 Carbon Capture and Storage Liability 270 Zen A. Makuch, Slavina Z. Georgieva and Behdeen Oraee-Mirzamani 14 The Clean Development Mechanism – Legal and Contractual Framework in CDM Renewable Energy Projects 288 Kenneth Aidelojie, Chuan Tze-Teo, Zen Makuch and Ricardo Pereira Questions and activities 311 Part Six Waste, Water, Air Quality Management And Pollution Control 313 15 Solid Waste Management and Regulation 315 Arturo Castillo-Castillo 16 Water Management and Regulation 347 Dieudonne-Guy Ohandja and Alexandra Collins 17 Integrated Pollution and Control – the Industrial Emissions Directive 368 Iain MacLean 18 The Law and Practice of Air Quality Management 393 Zen Makuch and Marilena Karyampa 19 Contaminated Land and Regulation 418 Owen Lewis Questions and activities 434 Part Seven The Regulation Of Chemicals And Laboratory Safety 437 20 The Regulation of Nanotechnologies 439 Sekai Ngarize, Karen E. Makuch and Ricardo Pereira 21 Environmental Law Standards and Principles of Good Laboratory Practice for Environmental Protection 465 Elizabeth Prichard and Karen E. Makuch Questions and activities 487 Part Eight Governance, Impact Assessment, Compliance And Enforcement in Environmental Law 489 22 Planning, Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) 491 Martin Birt and Steven Smith 23 Regulating Environmental Information and Environmental Data 508 Karen E. Makuch 24 Corporate Disclosure and Environmental Sustainability in Comparative Law 534 Nikzad Oraee-Mirzamani and Zen Makuch 25 Compliance and Enforcement in International, European and National Environmental Law 561 Ricardo Pereira Questions and activities 577 Part Nine Case Studies On Environmental Law Implementation 579 26 Case Studies 581 Karen E. Makuch Questions and activities 590 Index 591

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Book SynopsisSince publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales.Table of ContentsAbout the author xi Preface to the fourteenth edition xiii Acknowledgements xvii I Legal and administrative 1 Building control: An overview 1.1 1.1 Introduction 1.1 1.2 The Building Act 1984 1.2 1.3 The linked powers 1.3 1.4 Building Regulations 1.4 1.5 Building Regulations: Exemptions 1.6 1.6 Dangerous structures, etc. 1.10 1.7 Other legislation 1.12 2 The Building Regulations and Approved Documents 2.1 2.1 Introduction 2.1 2.2 Division of the Regulations 2.1 2.3 Approved Documents 2.6 2.4 Definitions in the Regulations 2.10 2.5 Exempt buildings and work 2.17 2.6 Application of the Regulations 2.19 2.7 Regulation requirements 2.24 2.8 Schedule 1: Technical requirements 2.25 2.9 Relaxation of regulation requirements 2.26 2.10 Type relaxations 2.27 2.11 Continuing requirements 2.28 2.12 Testing and sampling 2.28 2.13 Testing and Commissioning 2.29 2.14 Unauthorised building work 2.30 2.15 Contravening works 2.31 3 Local authority control 3.1 3.1 Introduction 3.1 3.2 The local authority 3.2 3.3 Building notice procedure 3.2 3.4 Exemptions from the requirement to give a building notice or deposit full plans 3.4 3.5 Deposit of plans 3.4 3.6 Notice requirements 3.7 3.7 Completion certificate 3.9 4 Private certification 4.1 4.1 Introduction 4.1 4.2 Insurance requirements 4.2 4.3 Approval of inspectors 4.4 4.4 Approved persons and self‐certification by competent persons 4.8 4.5 Self‐certification schemes and the Approved Inspector 4.8 4.6 Independence of Approved Inspectors 4.9 4.7 Approval of public bodies 4.9 4.8 Private certification procedure 4.10 4.9 Plans certificates 4.19 4.10 Final certificates 4.20 4.11 Public body’s notices and certificates 4.21 4.12 Prescribed forms 4.21 5 Work under the supervision of a competent person 5.1 5.1 Introduction 5.1 5.2 Principles of self‐certification 5.2 5.3 Benefits of competent person schemes 5.2 5.4 Joining a competent person scheme 5.5 5.5 Legislative background 5.6 5.6 Building regulation requirements 5.6 5.7 Self‐assessment 5.11 5.8 Non‐notification 5.12 5.9 Regulation 20 applied to local authorities 5.14 5.10 Regulation 20 applied to Approved Inspectors 5.14 5.11 Approval of competent person schemes 5.14 II Technical 6 Structural stability (Part A) 6.1 6.1 Introduction 6.1 6.2 Loading 6.2 6.3 Ground movement 6.3 6.4 Guidance on structural design in buildings of all types 6.3 6.5 Structural requirements in existing buildings subject to change of use 6.7 6.6 Design of structural members in houses and other small buildings 6.8 6.7 Buttressing walls, piers and chimneys 6.25 6.8 External wall cladding 6.48 6.9 Replacement of roof coverings 6.51 6.10 Disproportionate collapse 6.52 7 Part 7 – Fire (Part B) 7.1 7.1 Introduction 7.1 7.2 Terminology 7.6 7.3 Occupancy classifications: Purpose groups etc. 7.16 7.4 Rules for measurement 7.21 7.5 Means of warning and escape in case of fire 7.25 7.6 Means of escape 7.26 7.7 Interpretation of AD B1 7.28 7.8 General requirements for means of warning and escape 7.31 7.9 Rules for measurement for means of escape 7.33 7.10 Fire alarm and fire detection systems 7.37 7.11 Sprinkler systems 7.44 7.12 Means of escape in dwelling houses 7.46 7.13 Flats and maisonettes 7.54 7.14 Means of escape from buildings other than dwellinghouses, flats and maisonettes 7.73 7.15 General recommendations common to all buildings except dwellinghouses7. 96 7.16 Alternative approach to the provision of means of escape in selected premises 7.103 7.17 Internal fire spread (linings) 7.112 7.18 Internal fire spread (structure) 7.125 7.19 Fire resistance and structural stability 7.125 7.20 Compartment walls and floors: Construction details 7.143 7.21 Concealed spaces (cavities) 7.155 7.22 Pipes, ventilation ducts and flues 7.162 7.23 Variations to the provisions of parts relating to B3 in the ADs 7.166 7.24 External fire spread 7.168 7.25 External walls 7.168 7.26 Special provisions relating to shopping complexes and buildings used as car parks 7.196 7.27 Shopping complexes 7.199 7.28 Access and facilities for the fire service 7.199 7.29 Firefighting and the use of insulating core panels for internal structures 7.212 7.30 Regulation 38: Provision of information 7.215 8 Materials, workmanship, site preparation and moisture exclusion (Part C) 8.1 8.1 Materials and workmanship 8.1 8.2 The influence of European standards 8.2 8.3 The Construction Products Regulations 2011 8.3 8.4 Materials and workmanship 8.4 8.5 Site preparation and moisture exclusion 8.8 9 Toxic substances (Part D) 9.1 9.1 Introduction 9.1 9.2 Cavity insulation 9.1 10 Sound insulation (Part E) 10.1 10.1 Introduction 10.1 10.2 Performance standards 10.4 10.3 Pre‐completion testing 10.9 10.4 Separating walls and their flanking constructions: New buildings 10.14 10.5 Separating floors and their flanking constructions: New buildings 10.37 10.6 Dwelling houses and flats formed by material change of use 10.53 10.7 Internal walls and floors for new buildings 10.61 10.8 Rooms for residential purposes 10.66 10.9 Robust Details: An alternative to pre‐completion testing 10.69 10.10 Reverberation in common parts of buildings 10.73 10.11 School acoustics 10.79 10.12 Calculation of sound transmission indices 10.79 10.13 The calculation of mass 10.86 10.14 Explanation of important terms 10.89 11 Ventilation (Part F) 11.1 11.1 Introduction 11.1 11.2 Definition and interpretation of terms 11.2 11.3 General principles 11.5 11.4 Part F: The requirements and their applicability 11.8 11.5 The ventilation of new dwellings 11.11 11.6 The ventilation of new buildings other than dwellings 11.29 11.7 Work on existing buildings 11.37 11.8 Performance‐based ventilation 11.39 11.9 Passive stack ventilation (PSV) system design 11.44 11.10 Ingress of external pollution 11.46 12 Sanitation, hot water safety and water efficiency (Part G) 12.1 12.1 Introduction 12.1 12.2 Definition and interpretation of terms 12.3 12.3 Part G1: Cold water supply 12.7 12.4 Part G2 and Regulation 36: Water efficiency 12.9 12.5 Part G3: Hot water supply and systems 12.12 12.6 Part G4: Sanitary conveniences and washing facilities 12.24 12.7 Part G5: Bathrooms 12.27 12.8 Part G6: Food preparation areas 12.27 13 Drainage and waste disposal (Part H) 13.1 13.1 Introduction 13.1 13.2 Repairs, alterations and discontinued use of drains and sewers 13.1 13.3 Sanitary pipework and drainage 13.4 13.4 Wastewater treatment systems and cesspools 13.38 13.5 Greywater and rainwater storage tanks 13.51 13.6 Rainwater drainage 13.52 13.7 Rainwater drainage below ground 13.60 13.8 Building over existing sewers 13.66 13.9 Separate systems of drainage 13.70 13.10 Solid waste storage 13.72 14 Combustion appliances and fuel storage systems (Part J) 14.1 14.1 Introduction 14.1 14.2 Interpretation 14.3 14.3 Rules for measurement 14.11 14.4 Checking the condition of combustion installations before use 14.11 14.5 Requirement J1: Air supply 14.13 14.6 Requirement J2: Discharge of products of combustion 14.23 14.7 Requirement J4: Protection of building against fire and heat 14.47 14.8 Repair and reuse of existing flues 14.62 14.9 Test methods 14.65 14.10 Requirement J5: Provision of information 14.69 14.11 Alternative means of compliance 14.71 14.12 Requirement J6: Protection of liquid fuel storage systems 14.72 14.13 Requirement J7: Protection against pollution 14.77 15 Protection from falling, collision and impact (Part K) 15.1 15.1 Introduction 15.1 15.2 Stairways, ladders and ramps (K1) 15.2 15.3 Application 15.2 15.4 Interpretation 15.3 15.5 General recommendations for stairways and ramps 15.5 15.6 Stairway construction 15.7 15.7 Internal and external ramps which form part of a building 15.13 15.8 Guarding of stairways, ramps and landings 15.14 15.9 Access to maintenance areas 15.16 15.10 Alternative approach to stairway design 15.17 15.11 Protection from falling 15.17 15.12 Vehicle barriers and loading bays 15.18 15.13 Protection against impact (with glazing) 15.19 15.14 Protection from collision with open windows, skylights or ventilators 15.22 15.15 Manifestation of glazing 15.25 15.16 Safe use of windows, skylights and ventilators 15.25 15.17 Safe access for cleaning glazed surfaces 15.27 15.18 Generally 15.28 15.19 Safe use of doors 15.29 15.20 Sources of further guidance 15.30 16 Conservation of fuel and power (Part L) 16.1 16.1 Introduction 16.1 16.2 Definition and interpretation of terms 16.2 16.3 The Buildings Regulations 2010 relevant to Part l 16.10 16.4 Part l: Exemptions and relaxations from Part l 16.18 16.5 Part L: The requirement and general applicability 16.25 16.6 Approved Document L1A: Conservation of fuel and power in new dwellings 16.26 16.7 Part L1B: Conservation of fuel and power in existing dwellings 16.46 16.8 Part L2A: Conservation of fuel and power in new buildings other than dwellings 16.57 16.9 Part L2B: Conservation of fuel and power in existing buildings other than dwellings 16.80 16.10 U‐values 16.95 16.11 Part L 2010 Wales 16.126 16.12 References 16.127 17 Access to and use of buildings (Part M) 17.1 17.1 Introduction 17.1 17.2 Interpretation 17.6 17.3 Application 17.9 17.4 Volume 1: Dwellings 17.10 17.5 Volume 2: Buildings other than dwellings 17.20 17.6 Means of escape in case of fire 17.50 17.7 In conclusion 17.50 17.8 Sources of further guidance 17.50 18 Electrical safety (Part P) 18.1 18.1 Introduction 18.1 18.2 Requirement P1 18.2 18.3 Design and installation 18.3 18.4 Application of Part P 18.4 18.5 Certification, inspection and testing 18.6 18.6 Interpretation 18.8 19 Security (Part Q) 19.1 19.1 Introduction 19.1 19.2 Interpretation 19.2 19.3 Requirement Q1: Unauthorised access 19.3 19.4 Requirement Q1: Performance 19.3 19.5 Doors 19.4 19.6 Windows 19.6 19.7 Bespoke timber secure doorsets 19.6 Index I. 1

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Book SynopsisLaw and the Built Environment is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals.Trade Review"This textbook and reference for students in construction management or related programs provides a comprehensive overview of key concepts and cases that form the foundation of UK and European Union construction and property law." (Booknews, 1 April 2011) Table of ContentsPreface. Table of Cases. Table of Statutes. Table of Statutory Instruments. 1 The Administration of Law. 1.1 The nature of law. 1.2 Divisions of law. 1.3 Evidence in civil and criminal cases. 1.4 The common law. 1.5 Equity. 1.6 The sources of law. 1.7 European Community law. 1.8 The court system in England and Wales. 1.9 The Technology and Construction Court (TCC). 1.10 The Judicial Committee of the Privy Council. 1.11 The European Court of Human Rights. 1.12 Tribunals. 1.13 Arbitration. 1.14 Personnel of the law. 1.15 Judicial officers. 1.16 Juries. 1.17 Court procedure. 1.18 Procedure in civil actions. 1.19 The Human Rights Act (HRA). 2 The Law of Contract. 2.1 General principles. 2.2 Formalities. 2.3 Standard form contracts. 2.4 The essential elements of a valid contract. 2.5 Terms of a contract. 2.6 Vitiating factors. 2.7 Privity of contract. 2.8 Exemption clauses. 2.9 Discharge of a contract. 2.10 Damages. 2.11 Limitation of actions. 2.12 Equitable remedies. 2.13 Agency. 2.14 Business organisations. 2.15 Forms of contract in the construction industry. 3 The Law of Tort. 3.1 The nature of tort. 3.2 Liability in tort. 3.3 General defences in tort. 3.4 Tort and human rights. 3.5 Vicarious liability. 3.6 Negligence. 3.7 Nuisance. 3.8 Trespass. 3.9 Defamation. 3.10 Breach of statutory duty. 3.11 Employers liability. 3.12 Product liability. 3.13 Remedies and limitation periods. 4 Land Law. 4.1 The two types of property. 4.2 What is land? 4.3 Ownership of land. 4.4 Proving ownership of land. 4.5 Acquiring ownership by adverse possession. 4.6 Third party rights in land. 4.7 Easements. 4.8 Mortgages 206 4.9 Restrictive covenants. 4.10 The enforceability of third party rights. 4.11 Commonhold. 5 The Law of Landlord and Tenant. 5.1 The leasehold estate. 5.2 Types of leases. 5.3 Essential elements of a valid lease. 5.4 Formalities for the creation of leases. 5.5 Termination of leases at common law. 5.6 Covenants in leases. 5.7 Rent. 5.8 Rent review. 5.9 Repairing covenants. 5.10 User covenants. 5.11 Covenants against alterations. 5.12 Assignment and sub-letting. 5.13 Enforceability of covenants in leases. 5.14 Remedies for breach of covenant. 5.15 The statutory codes. 5.16 Private sector residential tenancies. 5.17 Business tenancies. 6 Public Law and Regulation. 6.1 Introduction. 6.2 Judicial review. 6.3 Building regulations. 6.4 Planning law. 6.5 Environmental impact assessment. 6.6 Water pollution. 6.7 Contaminated land. 6.8 Waste management law. 6.9 Emissions from buildings. 6.10 Health and safety at work. Index.

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