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Statutory Priorities in Corporate Insolvency Law
  • Language: en
  • Pages: 290

Statutory Priorities in Corporate Insolvency Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-12-05
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  • Publisher: Routledge

Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Cases in Business Ethics
  • Language: en
  • Pages: 316

Cases in Business Ethics

  • Type: Book
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  • Published: 2006
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  • Publisher: SAGE

Cases in Business Ethics provides the opportunity for students not only to discuss the application of ethical theories in managerial situations, but also to apply judgment and make decisions in a real-world context. This collection of cases focuses on business decision-making, and includes both short and long, more complex cases that highlight the practicalities of business practice and ethical theory. A beneficial feature of Cases in Business Ethics is the variety of ways in which the cases can be organized to fit the course curriculum.

International Responses to Issues of Credit and Over-indebtedness in the Wake of Crisis
  • Language: en
  • Pages: 273

International Responses to Issues of Credit and Over-indebtedness in the Wake of Crisis

  • Categories: Law
  • Type: Book
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  • Published: 2016-04-22
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  • Publisher: Routledge

This book explores the political, economic and regulatory context in which credit regulation is taking place following the global financial crisis. It suggests that current neoliberal economic policies favour multi-national corporations rather than consumers and examines regulatory responses to the internationalization of consumer finance protection. Detailing how EU consumers have been affected by national economic conditions, the book also analyses the lending regimes of Europe, Australia, the US and South Africa and offers suggestions for responsible lending to avoid over-indebtedness and corrupt mortgage-lending. Finally, new approaches and directions for consumer credit regulations are outlined, such as protection for small businesses, protection against risky credit products, reorganization of mortgage securitization and the possibility of a partnership model to address financial exclusion. The book includes contributions from leading names in the field of consumer law and will be invaluable to those interested in banking, business and commercial law.

The Law and Economics of Enforcing European Consumer Law
  • Language: en
  • Pages: 318

The Law and Economics of Enforcing European Consumer Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-03-03
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  • Publisher: Routledge

In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

Global Perspectives on E-Commerce Taxation Law
  • Language: en
  • Pages: 356

Global Perspectives on E-Commerce Taxation Law

In its most advanced form, e-commerce allows unidentified purchasers to pay obscure vendors in 'electronic cash' for products that are often goods, services and licenses all rolled into one. This book considers the implications for the domestic and international tax systems of the growth of e-commerce. It covers a wide variety of activities, from discussion of the principles governing direct and indirect taxation, to explanation of the implementation and use of e-commerce on the part of businesses as well as the application of existing tax principles in this field. With its focus on the broader issues surrounding the expansion of e-commerce and its attention to the problems arising internationally in this field, Global Perspectives in E-Commerce Taxation Law will appeal to scholars worldwide.

The European Unfair Commercial Practices Directive
  • Language: en
  • Pages: 284

The European Unfair Commercial Practices Directive

  • Categories: Law
  • Type: Book
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  • Published: 2016-02-11
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  • Publisher: Routledge

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

EU and US Competition Law: Divided in Unity?
  • Language: en
  • Pages: 345

EU and US Competition Law: Divided in Unity?

  • Categories: Law

This book examines the structure of the rule on restrictive agreements in the context of vertical intra-brand price and territorial restraints, analysing, comparing and evaluating their treatment in US antitrust and EU competition law. It examines the concept of 'agreement' as the threshold question of the rule on restrictive agreements, the structure and focus of antitrust/competition law analysis, the treatment of vertical intra-brand price and territorial restrictions and their place in the test of antitrust/competition law. The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differe...

The Privacy Fallacy
  • Language: en
  • Pages: 261

The Privacy Fallacy

  • Categories: Law

Our privacy is besieged by tech companies. Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation. Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

The Yearbook of Consumer Law 2009
  • Language: en
  • Pages: 363

The Yearbook of Consumer Law 2009

  • Categories: Law
  • Type: Book
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  • Published: 2016-02-17
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  • Publisher: Routledge

The Yearbook of Consumer Law provides a valuable outlet for high quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension. The 2009 volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as credit, consumer redress and the impact of the European Union on consumer law. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments and important court decisions. It is an essential resource for all academics and practitioners working in the areas of consumer law and policy.

Privacy, Big Data, and the Public Good
  • Language: en
  • Pages: 343

Privacy, Big Data, and the Public Good

Data access is essential for serving the public good. This book provides new frameworks to address the resultant privacy issues.