Flexibility In Modern Business Law

Author : Matthew Marsh
Publisher : Unknown
Page : 230 pages
File Size : 41,9 Mb
Release : 2017-05-10
Category : Electronic
ISBN : 1978063067

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Flexibility in Modern Business Law by Matthew Marsh Pdf

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law in particular, that it be more agile or "flexible" in regulating the economy have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law.

Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 229 pages
File Size : 46,5 Mb
Release : 2016-01-08
Category : Law
ISBN : 9784431557876

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Flexibility in Modern Business Law by Mark Fenwick,Stefan Wrbka Pdf

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law – in particular, that it be more agile or “flexible” in regulating the economy – have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law. This change raises important questions about the meaning of fairness (certainty or flexibility), as well as the relationship between the public and private good.

Author : Paul Thomas
Publisher : Createspace Independent Publishing Platform
Page : 230 pages
File Size : 42,5 Mb
Release : 2017-05-16
Category : Electronic
ISBN : 1979804923

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Flexibility in Modern Business Law by Paul Thomas Pdf

This book brings together a number of contributions examining how changes associated with economic globalization have contributed to the creation of new pressures on, and expectations of, those fields of law connected to the regulation of cross-border commercial transactions. These new demands of law - in particular, that it be more agile or "flexible" in regulating the economy - have prompted lawmakers and regulators in multiple jurisdictions to adopt a range of new regulatory techniques and legal forms to respond to this challenge. In many cases, these adaptations in law have entailed compromising traditional legal principles, such as legal certainty, in favor of empowering regulators with greater discretion than has traditionally been permitted in modern law.

Author : Mark Fenwick,Mathias Siems,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 55,9 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509911264

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The Shifting Meaning of Legal Certainty in Comparative and Transnational Law by Mark Fenwick,Mathias Siems,Stefan Wrbka Pdf

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 194 pages
File Size : 48,9 Mb
Release : 2016-04-02
Category : Law
ISBN : 9789811001147

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Legal Certainty in a Contemporary Context by Mark Fenwick,Stefan Wrbka Pdf

This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

Author : C. Kerry Fields,Kevin C. Fields
Publisher : Aspen Publishing
Page : 2141 pages
File Size : 51,8 Mb
Release : 2021-09-15
Category : Business & Economics
ISBN : 9781543823196

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Contemporary Business Law by C. Kerry Fields,Kevin C. Fields Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase courseware to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions; an outline tool and other helpful resources. Contemporary Business Law offers a focused, direct, and practical treatment of business topics written with today’s student in mind. Experienced authors C. Kerry Fields and Kevin Fields offer a readable overview of business law grounded in the day-to-day application of the topics in the real world. With a blend of legal theory and practical managerial applications, the book expertly covers all the key topics in an engaging and readable format. An accessible writing style combined with thoughtful pedagogy make this text ideal for undergraduate students. Each chapter includes well-edited cases that highlight key legal concepts and integrate ethical considerations. Plentiful examples show students the practical applications of the law. Managerial Applications and thoughtful exercises encourage critical thinking. In addition, students will benefit from features such as chapter outlines, learning objectives, key terms in bold and defined in the text, concept summaries, and chapter summaries. Professors and student will benefit from: Coverage of all the substantive areas required for both a one- and two-semester business law curriculum. The book complies with AACSB accreditation standards. Ethics questions included throughout the text to develop critical thinking and decision-making skills. Practical approach of the book, written with the student in mind, keeping legal theory to a minimum and introducing concepts in the context of actual business practice. Excellent pedagogy and well-edited cases. Ample exercises that offer opportunities for students to apply what they have learned.

Author : Mark Fenwick,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 52,6 Mb
Release : 2018-07-12
Category : Law
ISBN : 9781509918065

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International Business Law by Mark Fenwick,Stefan Wrbka Pdf

This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

Author : Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura
Publisher : Cambridge University Press
Page : 485 pages
File Size : 52,9 Mb
Release : 2022-09-22
Category : Business & Economics
ISBN : 9781009152709

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Leniency in Asian Competition Law by Steven Van Uytsel,Mark Fenwick,Yoshiteru Uemura Pdf

The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.

Author : Thomas W. Dunfee
Publisher : Random House Trade
Page : 1480 pages
File Size : 47,5 Mb
Release : 1989
Category : Law
ISBN : 0394365380

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Modern Business Law by Thomas W. Dunfee Pdf

Author : Nancy Breen
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2022
Category : Electronic
ISBN : 1260881407

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Canadian Business Law Today by Nancy Breen Pdf

Author : Kuznetsov, Mikhail Yevgenievich,Nikishova, Maria Igorevna
Publisher : IGI Global
Page : 230 pages
File Size : 47,8 Mb
Release : 2019-12-27
Category : Business & Economics
ISBN : 9781799820130

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Challenges and Opportunities of Corporate Governance Transformation in the Digital Era by Kuznetsov, Mikhail Yevgenievich,Nikishova, Maria Igorevna Pdf

While corporate governance has been a successful concept throughout the centuries, it is in question whether this concept can remain sustainable in the digital era and during a time of technological and managerial disruption. Under the pressure of new economic, social, and ecologic challenges, it is vital to understand how this concept needs to transform. Challenges and Opportunities of Corporate Governance Transformation in the Digital Era is an essential reference source that discusses concepts, trends, and forecasts of corporate governance and examines its transformation under the pressure of new technologies and economic changes. Featuring research on topics such as corporate identity, e-commerce, and cost management, this book is ideally designed for corporate leaders, managers, executives, business professionals, consultants, professors, researchers, and students.

Author : Mark Fenwick,Erik P.M. Vermeulen,Toshiyuki Kono,Tronel Joubert
Publisher : Springer Nature
Page : 188 pages
File Size : 53,5 Mb
Release : 2022-10-29
Category : Business & Economics
ISBN : 9789811972348

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Organizing-for-Innovation by Mark Fenwick,Erik P.M. Vermeulen,Toshiyuki Kono,Tronel Joubert Pdf

This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation—identifying process and practices that deliver the best opportunities for innovation—needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.

Author : K. Thomas Liaw
Publisher : Routledge
Page : 513 pages
File Size : 49,6 Mb
Release : 2021-06-14
Category : Business & Economics
ISBN : 9781000375732

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The Routledge Handbook of FinTech by K. Thomas Liaw Pdf

The Routledge Handbook of FinTech offers comprehensive coverage of the opportunities, challenges and future trends of financial technology. This handbook is a unique and in-depth reference work. It is organised in six thematic parts. The first part outlines the development, funding, and the future trends. The second focuses on blockchain technology applications and various aspects of cryptocurrencies. The next covers FinTech in banking. A significant element of FinTech, mobile payments and online lending, is included in the fourth part. The fifth continues with several chapters covering other financial services, while the last discusses ethics and regulatory issues. These six parts represent the most significant and overarching themes of FinTech innovations. This handbook will appeal to students, established researchers seeking a single repository on the subject, as well as policy makers and market professionals seeking convenient access to a one-stop guide.

Author : Najar, Tharwa,Najar, Yousra,Aloui, Adel
Publisher : IGI Global
Page : 585 pages
File Size : 40,5 Mb
Release : 2023-06-06
Category : Business & Economics
ISBN : 9781668474570

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Handbook of Research on Blockchain Technology and the Digitalization of the Supply Chain by Najar, Tharwa,Najar, Yousra,Aloui, Adel Pdf

Blockchain is a recent technology that is promising to revolutionize the way supply chains are designed and operated. Regarding its role in securing exchanges of data, this technology has remarkably changed the manner of governing the structure of the supply chain relationships and the way that transactions are made. Blockchain technology is likely to influence future supply chain practices by performing electronic integration, supporting partners’ connections, and offering real-time information flows. Thus, blockchain technologies are gaining interest among both academicians and professionals. This interest concerns the conceptual level and also the practical and concrete levels of the implementation of blockchain technology in supply chains. The Handbook of Research on Blockchain Technology and the Digitalization of the Supply Chain presents blockchain’s basic concepts and pertinent methods that contributed to meeting key supply chain management objectives. It determines the current trends and challenges in the use of blockchain to enhance supply chain management. Covering topics such as communication systems, documentation systems, and supply chain evolution, this major reference work is an excellent resource for business leaders and managers, logistics professionals, IT managers, students and educators of higher education, librarians, researchers, and academicians.

Author : Marcelo Corrales,Mark Fenwick,Helena Haapio
Publisher : Springer
Page : 276 pages
File Size : 41,8 Mb
Release : 2019-02-07
Category : Law
ISBN : 9789811360862

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Legal Tech, Smart Contracts and Blockchain by Marcelo Corrales,Mark Fenwick,Helena Haapio Pdf

There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.