JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '...deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration...The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC
Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!
Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
At the intersection of law and politics stands the U.S. Solicitor General. Although even the informed public rarely thinks of the solicitor general in relation to the major issues that have challenged American society, this office actually has considerable control over the cases the Supreme Court addresses. To bring the Office of Solicitor General (OSG) out of the shadows and into the clear light of public attention, Between Law and Politics looks at three hotly contested policy areas—race, gender, and reproductive rights—to see how the office balances the goals of the president, Congress, and the Supreme Court. The OSG is charged with helping the Supreme Court build a coherent doctrine and imposing some stability on the law. At the same time, the solicitor general is a presidential appointee. Deciding which cases to appeal, arguing those cases before the Supreme Court, and filing friendofthecourt briefs means the solicitor general plays an important role in furthering the policy objections of the current administration. Therein lies the tension between law and politics that is at the heart of the calculations the solicitor general makes on a daily basis. Using interviews with solicitors general and their staffs, members of the Department of Justice, and others, and analyzing Supreme Court cases beginning with the Truman administration, Richard Pacelle shows how the OSG balances the competing forces in its environment. His analysis is undergirded by aggregate analysis of the data gathered. This detailed and systematic study will be of great interest to those who study the Supreme Court, the presidency, and public policy. It is unique in its close examination of a number of particular areas of law and the strength and persuasiveness of its analysis of the competing constituencies that face the Office of the Solicitor General. The timeliness and controversial nature of the policy areas Pacelle examines give the book further importance to students of American politics.
This fully updated and accessible textbook combines Year 1 and Year 2 content for the refreshed OCR specification with brand new cases, activities and features to provide comprehensive support for the A level course. Written by experts Nigel Briggs, Nick Price and Richard Wortley, and edited by Sue Teal, the content is carefully tailored to the OCR specification. - Develop conceptual understanding with full coverage of all topics in the OCR A level specification in one book. - Establish a firm understanding with key term definitions and tables of relevant cases and legislation for each topic. - Build sound knowledge and analysis throughout the course with knowledge-based questions and revision summaries at the end of each chapter. This Student Book is endorsed by OCR - This title fully supports the specification - It has passed OCR's rigorous quality assurance programme - It is written by curriculum experts
Taking financial risks is an essential part of what banks do, but there’s no clear sense of what constitutes responsible risk. Taking legal risks seems to have become part of what banks do as well. Since the financial crisis, Congress has passed copious amounts of legislation aimed at curbing banks’ risky behavior. Lawsuits against large banks have cost them billions. Yet bad behavior continues to plague the industry. Why isn’t there more change? In Better Bankers, Better Banks, Claire A. Hill and Richard W. Painter look back at the history of banking and show how the current culture of bad behavior—dramatized by the corrupt, cocaine-snorting bankers of The Wolf of Wall Street—came to be. In the early 1980s, banks went from partnerships whose partners had personal liability to corporations whose managers had no such liability and could take risks with other people’s money. A major reason bankers remain resistant to change, Hill and Painter argue, is that while banks have been faced with large fines, penalties, and legal fees—which have exceeded one hundred billion dollars since the onset of the crisis—the banks (which really means the banks’shareholders) have paid them, not the bankers themselves. The problem also extends well beyond the pursuit of profit to the issue of how success is defined within the banking industry, where highly paid bankers clamor for status and clients may regard as inevitable bankers who prioritize their own self-interest. While many solutions have been proposed, Hill and Painter show that a successful transformation of banker behavior must begin with the bankers themselves. Bankers must be personally liable from their own assets for some portion of the bank’s losses from excessive risk-taking and illegal behavior. This would instill a culture that discourages such behavior and in turn influence the sorts of behavior society celebrates or condemns. Despite many sensible proposals seeking to reign in excessive risk-taking, the continuing trajectory of scandals suggests that we’re far from ready to avert the next crisis. Better Bankers, Better Banks is a refreshing call for bankers to return to the idea that theirs is a noble profession.
West African history is inseparable from the history of the Atlantic slave trade and colonialism. According to historical archaeologist François Richard, however, the dominance of this narrative not only colors the range of political discourse about Africa but also occludes many lesser-known—but equally important—experiences of those living in the region. Reluctant Landscapes is an exploration of the making and remaking of political experience and physical landscapes among rural communities in the Siin province of Senegal between the late 1500s and the onset of World War II. By recovering the histories of farmers and commoners who made up African states’ demographic core in this period, Richard shows their crucial—but often overlooked—role in the making of Siin history. The book also delves into the fraught relation between the Seereer, a minority ethnic and religious group, and the Senegalese nation-state, with Siin’s perceived “primitive” conservatism standing at odds with the country’s Islamic modernity. Through a deep engagement with oral, documentary, archaeological, and ethnographic archives, Richard’s groundbreaking study revisits the four-hundred-year history of a rural community shunted to the margins of Senegal’s national imagination.
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