The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Geoffrey Miller’s The Law of Governance, Risk Management and Compliance is widely credited for introducing a new field of legal studies. Compliance and its related subjects of governance and risk management are major sources of jobs and also important developments in legal practice. The billions of dollars of fines paid over the past decade and the burgeoning and seemingly never-ending parade of compliance and risk management breakdowns – recently including the Wells Fargo sales practices scandal, the Volkswagen emissions cheat, and the Boeing 737 MAX crisis – all attest to the importance of the issues treated in this readable and timely book. New to the Third Edition: Comprehensive updates on recent developments New treatment of compliance failures: Wells Fargo account opening scandal, Volkswagen emissions cheat, important developments in Catholic Church sex abuse scandal. New treatment of risk management failures: the Boeing 737 MAX scandal. Professors and students will benefit from: Clear, concise definitions Fun and interesting problems Real-world perspective from an author who has been involved both as a scholar and as a member of a corporate board of directors Highly readable and interesting writing Text boxes containing key concepts and definitions Realistic problems for class discussion and analysis
The Law of Financial Institutions provides the foundation for a successful course on the law of traditional commercial banks. The book’s clear writing, careful editing, timely content, and concise explanations to provocative questions make a difficult field of law lively and interesting. New to the Seventh Edition: Unified analysis of different types of financial institution under a common framework, using simple mock balance sheets as a way of vividly illustrating the similarities and differences and bringing out the features that lend stability or instability to the financial system. A new chapter dealing with the important topic of financial technology. Extensive treatment of liquidity regulation, one of the most fundamental strategies for ensuring bank safety and soundness. A clear and coherent discussion of capital regulation and provides up-to-date explanations and simple examples of the complex issues surrounding capital adequacy applicable to banks today. A clear, coherent, and interesting account of the essential nature of the banking firm as a financial intermediary that acts as a payment service provider. Text that addresses issues of compliance and risk management that have become central to the management of banking institutions in the years since the financial crisis. Professors and student will benefit from: Important new contributions from Professor Peter Conti-Brown, a nationally renowned expert in banking policy and history Completely revised and updated to reflect important regulatory initiatives and trends Answers to all problem sets available to adopting professors Focuses on topics from economic, political, and doctrinal point of view Interesting and provocative questions with explanations Extensive use of nontraditional materials and professor-written discussions and explanations Excellent organization and careful editing
ÔThe publication of this book could hardly be more timely; it fills a gap in present-day discussion of the reasons for the recent ongoing financial crises, and who was responsible. The balance between the governance and regulation of the international finance market underpins how securely we proceed into the future. At a time when sovereign defaults dominate public discussion, this issue is of quintessential importance. The editors are to be congratulated for this important publication.Õ Ð Christoph Paulus, Humbolt University of Berlin, Germany This thought-provoking book adds a new perspective to the analysis of how regulation should respond to the global financial crisis of 2008Ð2009. It focuses on the ÔprivateÕ as opposed to ÔpublicÕ aspect of regulation, and highlights the works of the publicÐprivate dialectic in regulation and enforcement. The expert authors examine what is perhaps the single most important sector in which public and private regulation and enforcement intersect: the arena of banking and global finance. The detailed analysis of these particular areas of finance thus provides a means for investigating aspects of the important topic of private regulation and enforcement in financial markets. A number of pertinent questions are addressed, including: How does private regulation and enforcement enhance or detract from the legitimacy of the process by which these market segments are managed and controlled? How does private regulation and enforcement manifest independence of action and judgment, as compared with public regulation? How does private regulation and enforcement measure up along dimensions of quality, relative to public regulation? and, finally, What forms of accountability characterize private as opposed to public regulation and enforcement? Illustrating the works of the publicÐprivate dialectic in regulation and enforcement, this challenging book will prove a fascinating read for academics, scholars and practitioners with an interest in regulation and governance issues, and in financial and banking law.
Geoffrey P. Miller argues that the narratives from Genesis to Second Kings present a sophisticated argument for political obligation and for limited monarchy as the best form of government. The Hebrew Bible, in this sense, can be considered as one of the earliest political philosopies of the western world.The Garden of Eden story identifies revelation, consent, utopia, natural law, ownership, power, patriarchy, and justice as bases for political obligation. The stories of life after the expulsion from Eden argue that government and law are essential for a decent life. The Genesis narratives recognize patriarchal authority but also identifies limits based on kinship, higher authority and power. The book of Exodus introduces the topic of political authority, arguing that nationhood strictly dominates over other forms of political organization. The Sinai narratives explore two important sources of authority: revelation and consent of the governed. The book of Joshua presents a theory of sovereignty conceived of as the exclusive and absolute control over territory. The book of Judges examines two types of national government: military rule and confederacy. It argues that military rule is inappropriate for peacetime conditions and that the confederate form is not strong enough to deliver the benefits of nationhood. The books of Samuel and Kings consider theocracy and monarchy. The bible endorses monarchy as the best available form of government provided that the king is constrained by appropriate checks and balances. Contrary to the view of some scholars, no text from Genesis to Second Kings disapproves of monarchy as a form of government.
If you want your Banking Law course to reflect the most recent developments in the industry And The regulatory strcuture that surrounds it, this updated statutory supplement is your ideal teaching tool. The well-respected authors draw on their extensive classroom experience to make sure their supplement contains everything you need to illustrate and demonstrate key concepts.
This new addition to the Longman Critical Readers Series provides an overview of the various ways in which modern critical theory has influenced Chaucer Studies over the last fifteen years. There is still a sense in the academic world, and in the wider literary community, that Medieval Studies are generally impervious to many of the questions that modern theory asks, and that it concerns itself only with traditional philological and historical issues. On the contrary, this book shows how Chaucer, specifically the Canterbury Tales, has been radically and excitingly 'opened up' by feminist, Lacanian, Bakhtinian, deconstructive, semiotic and anthropological theories to name but a few. The book provides an introduction to these new developments by anthologising some of the most important work in the field, including excerpts from book-length works, as well as articles from leading and innovative journals. The introduction to the volume examines in some detail the relation between the individual strengths of each of the above approaches and the ways in which a 'postmodernist' Chaucer is seen as reflecting them all. This convenient single volume collection of key critical analyses of Chaucer, which includes work from some journals and studies that are not always easily available, will be indispensable to students of Medieval Studies, Medieval Literature and Chaucer, as well as to general readers who seek to widen their understanding of the forces behind Chaucer's writing.
Geoffrey F. Nuttall establishes the primacy of the doctrines of the Holy Spirit in seventeenth-century English Puritanism and demonstrates the continuity of the Reformation tradition from the more conservative views of Luther to the more radical interpretations of the Quakers. Nuttall illuminates prominent spokesmen, including Richard Sibbes, Richard Baxter, John Owen, Walter Cradock, Morgan Llwyd, and George Fox. In a new Introduction, Peter Lake discusses the relevance of Nuttall's book to, and its influence on, major works in seventeenth-century English history written since 1946.
This book provides the first comprehensive review of the increase in the UK and internationally in the number of disability related support services controlled by disabled people themselves. It highlights the need for greater user involvement in service provision and delivery.
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