The Corporation in Perspective; Unincorporated Business Forms; Formation of Corporations; Limited Role of Ultra Vires; Preincorporation Transactions; "Piercing the Corporate Veil" and Related Problems; Financing the Corporation; Distribution of Powers Within a Corporation; Special Problems; Shares and Shareholders; Directors; Officers; Closely Held Corporation; Publicly Held Corporation; Duties of Directors, Shareholders and Officers; Indemnification and Insurance; Shareholder's Suits; Class Action Suits; Dividends, Distributions and Redemptions; Inspection of Books and Records; Organic Changes; Amendments, Mergers and Dissolution.
Author: Robert W. Hamilton
Publisher: West Academic Publishing
Completely revised and updated, conversational in tone, the book features hypotheticals to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm as well as the nuts-and-bolts of corporate law, including separate consideration of specialized issues raised by closely-held and public corporations. With updated discussion of Sarbanes-Oxley, Rule 10b-5, and Section 16(b), it gives broad background. Financial concepts are explained with helpful examples, so that even sociology majors need not fear them.
Author: Richard Freer
Publisher: West Academic Publishing
In recent decades, human rights have come to occupy an apparently unshakable position as a key and pervasive feature of contemporary global public culture. At the same time, human rights have become a central focus of research in the social sciences, embracing distinctive analytical and empirical agendas for the study of rights. This volume gathers together original social-scientific research on human rights, and in doing so situates them in an open intellectual terrain, thereby responding to the complexity and scope of meanings, practices, and institutions associated with such rights. Chapters in the book examine diverse theoretical perspectives and examine such issues as the right to health, indigenous peoples' rights, cultural politics, the role of the United Nations, women and violence, the role of corporations and labour law. Written by leading scholars in the field and from a range of disciplines across the social sciences, this volume combines new empirical research with both established and innovative social theory.
Social Science Perspectives
Author: Rhiannon Morgan,Bryan Turner
Category: Social Science
GmbH und Aktiengesellschaft stehen im Mittelpunkt dieses Lehrbuchs zum Kapitalgesellschaftsrecht. Beide werden nicht getrennt nach Rechtsformen, sondern systematisch gegliedert parallel dargestellt. Neben klassischen Fragen wie etwa Durchgriffshaftung, Kapitalerhaltung, Minderheitenschutz und gesellschaftsrechtlichen Treuepflichten liegt ein Fokus auf modernen Fragen, z.B. Corporate Governance und Konzernrecht. Bilanz- und Insolvenzrecht sowie das Kapitalmarktrecht werden entsprechend ihrer Bedeutung für Kapitalgesellschaften ausführlich in den Blick genommen. Für den mobilen Lernerfolg sind die wesentlichen, genannten Paragraphen auf dem eBook enthalten und im Text verlinkt. Zahlreiche Beispiele und Schaubilder veranschaulichen die komplexen Zusammenhänge. In 34 Fällen mit Lösungsskizzen kann das Gelernte umgehend eingeübt werden. Wichtige höchstrichterliche Entscheidungen und neue Entwicklungen runden die Darstellung ab. Band II des Lehrbuchklassikers von Wackerbarth/Eisenhardt begleitet Studierende des Schwerpunktbereiches Gesellschafts- und Wirtschaftsrecht durch ihre Vorlesungen und bereitet verlässlich auf Klausur und Prüfung vor.
Mit Bezügen zum Bilanz-, Insolvenz- und Kapitalmarktrecht
Author: Ulrich Wackerbarth,Ulrich Eisenhardt
Publisher: C.F. Müller GmbH
Category: Business & Economics
The Subchapter S rules are complex. This book describes the basic rules that apply to S corporations and their shareholders with sufficient detail to alert the reader to potential pitfalls. The topics covered include: (1) the qualification requirements for a Subchapter S election, (2) the allocation of tax items among the shareholders, (3) the effect of those allocations on a shareholder's basis in stock and debt, (4) the limitations on the deduction of pass through items, (5) the treatment of corporate distributions, (6) the voluntary and involuntary termination of Subchapter S status, (7) the treatment of the year in which a Subchapter S election is terminated, (8) the limited availability of certain Subchapter S provisions after a Subchapter S election is terminated, and (9) the taxation of an S corporation's passive investment income and built-in gains. The discussion of these issues is supplemented by numerous examples.
Author: Douglas A. Kahn,Jeffrey H. Kahn,Terrence G. Perris
Publisher: West Academic Publishing
Category: Business & Economics
Nurses are required not only to keep pace with a swiftly changing health care environment and make rapid decisions on critical issues, they must also be cognizant of the legal implications of these decisions. This Fast Factslegal reference provides the quick, reliable legal information that nurses need to protect themselves in practice, management, and education. The only resource of its kind, it has been authored by highly respected nurse attorneys and practitioners who present complex information in straightforward, accessible language organized into easily digestible segments. Key Topics: Malpractice/negligence issues Workplace, organization, and business law, Legal concerns in the classroom Disaster and public health emergencies Nurse Practice Acts and the disciplinary process Informed consent and patient rights Risk management and compliance Trials and alternatives in dispute resolution
Law for Nurses in a Nutshell
Author: Paula DiMeo Grant, RN, BSN, MA, JD,Diana Ballard, JD, MBA, RN
Publisher: Springer Publishing Company
Dieses Buch zeigt Ihnen: - wie man Freunde gewinnt - wie man auf neuen Wegen zu neuen Zielen gelangt - wie man beliebt wird - wie man seine Umwelt beeinflußt - wie man mehr Ansehen erlangt - wie man im Beruf erfolgreicher wird - wie man Streit vermeidet - wie man ein guter Redner und brillanter Gesellschafter wird - wie man den Charakter seiner Mitmenschen erkennt - wie man seine Mitarbeiter anspornt und vieles mehr...
Die Kunst, beliebt und einflussreich zu werden
Author: Dale Carnegie
Publisher: S. Fischer Verlag
Publisher: DIANE Publishing
Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.
Author: Yuval Noah Harari
Since becoming editor in chief of Black's Law Dictionary in the mid-1990s, I've tried with each successive edition-the seventh, the eighth, and now the ninth-to make the book at once both more scholarly and more practical. Anyone who cares to put this book alongside the sixth or earlier editions will discover that the book has been almost entirely rewritten, with an increase in precision and clarity. It's true that I've cut some definitions that appeared in the sixth and earlier editions. On a representative sample of two consecutive pages of the sixth can be found botulism, bouche (mouth), bough ofa tree, bought (meaning "purchased"), bouncer (referring to a nightclub employee), bourg (a village), boulevard, bourgeois, brabant (an obscure kind ofancient coin also called a crocard), brabanter (a mercenary soldier in the Middle Ages), and brachium maris (an arm of the sea). These can hardly be counted as legal terms worthy of inclusion in a true law dictionary, and Black's had been properly criticized for including headwords such as these." Meanwhile, though, within the same span of terms, I've added entries for three types of boundaries (agreed boundary, land boundary, lost boundary), as well as for bounty hunter, bounty land, bounty-land warrant, boutique (a specialized law firm), box day (a day historically set aside for filing papers in Scotland's Court of Session), box-top license (also known as a shrink-wrap license), Boykin Act (an intellectual-property statute enacted after World War II), Boyle defense (also known as the government-contractor defense), bracket system (the tax term), Bracton (the title of one of the earliest, most important English lawbooks), and Brady Act (the federal law for background checks on handgun-purchasers). And all the other entries have been wholly revised-shortened here and amplified there to bring the book into better proportion. Hence, in one brief span of entries, the sixth and the ninth editions appear to be entirely different books. That's true throughout the work. But it's not as if I've revised the book with any hostility toward historical material. In fact, I've added hundreds of Roman-law terms that had been omitted from earlier editions and retranslated all the others on grounds that current users ofthe dictionary might need to look up the meanings ofthese historical terms. But whatever appears here, in my view, should be plausibly a law-related term-and closely related to the law. Users ought to be reminded once again about the handy collection oflegal maxims in Appendix B. It is, I believe, the most comprehensive and accurate set of translated maxims to be found anywhere in print-thanks to the erudite revisions of two civillaw experts of the first rank: Professor Tony Honore of Oxford and Professor David Walker of Glasgow. A lexicographer must do what is practicable to improve each new edition ofa dictionary. One of the notable features ofthis new edition is the dating of the most common terms-that is, the parenthetical inclusion of a date to show the term's earliest known use in the English language. For researching these dates, I'm grateful to the distinguished and industrious lexicographer at the Yale Law Library, Fred R. Shapiro. "See David Mellinkoff, The Myth ofPrecision and the Law Dictionary, 31 U.C.L.A. L. Rev. 423, 440 (1983). As a lexicographer, I've learned a great deal from my friends and mentors in the field-especially the late Robert W. Burchfield, editor ofthe Oxford English Dictionary Supplement during the latter halfofthe 20th century. Like his 19th-century precursors at the Oxford English Dictionary, Burchfield had a battalion oflexicographic volunteers from around the globe to help him in his momentous work. I have tried to do the same. Because I genuinely believe in a community ofscholars- a community oflearned people who understand the cultural and historical importance ofhaving a first-rate dictionary, and are willing to playa role in producing it-I have called on volunteers to help in the production ofthis vast and complex dictionary. It has been rewarding to have so many lawyers, judges, and scholars answer the call. Take a moment, if you will, and scan the masthead on pages vi-ix. Consider that each of these contributors personally edited 30 to 50 pages ofsingle-spaced manuscript-some more than that. They suggested improved wordings and solved editorial difficulties they encountered. Consider the geographical variety of the panelists, and ponder the years of specialist knowledge they brought to their work. Look at the panel of academic contributors and notice that they are distinguished scholars ofthe highest order, many ofthem household names among lawyers. They exerted themselves not just for the betterment of this book, but for the betterment ofthe law as a whole. For this is the law dictionary that the profession has relied on for over a century. Everyone who cares about the law owes our contributors a debt ofthanks. Bryan A. Garner LawProse, Inc. Dallas, Texas April 2009
Author: West Publishing, Inc
In Small Claims Court there's only one winner... Don't let your opponent rake you over the coals. It happened to me. Burned like toast! Now I'm fighting back the best way I know how ... by showing you how to fight and win in small claims court. If you're like most honest folks, the closest you've ever come to a courtroom battle is watching two people slug it out in front of television's Judge Judy. But chances are that you have already been wronged by some someone. Like it or not, you are going to have to defend your honor and reputation in front of a judge. Here's just a small sample of what you'll discover the minute you start flipping through Brisk Justice ... * The two keys to a successful outcome in any court case (and no, hiring an attorney is not one of them). page 7 * Simple steps you can take to make the judge's life easier (helping the judge understand your case can make a huge difference in your favor). * How to rip apart your opponent's case (all perfectly legal ... $300 an hour attorneys do it every day). pages 58-60 * Five good reasons why you might want to settle out of court. (Hint: Even if you win the court battle, you could lose the war in other ways.) Read pages 96-99 to avoid making a big mistake! * The one thing you must never do in a court case (guaranteed ... if you miss this little detail, you'll go down in flames). The information in Brisk Justice is the super powerful ammunition you'll need to win in Small Claims Court. I believe in this book so much I proudly offer a money-back guarantee: You'll win your Small Claims Court case or this book is FREE. Just send me a message. I'll refund your money. Done and done. No questions asked. If you're being sued, theclock is already ticking. Get an answer to the court before the deadline or you lose. Here's more ... * Stupid little mistakes to avoid like the plague (make just one and you'll lose the case, hands down). * When and why you should bring your case to court even if the other party decides to settle at the last minute. Don't miss this little "insurance policy" on page 117. * Get all the lingo down pat - 19 legal terms you need to understand (they're not difficult ... just important). pages 13-16 * Bad checks are a pain in the butt. In small claims court you can get the bum to pay the original amount of the check plus additional money for damages ... if you know how to do this. Flip to page 88. * The only time you should ever raise an objection to your opponent's testimony and why you should never say "objection, your honor!" It's on page 153. * Verbal promises are contracts enforceable by law, but what I reveal about what's said after a written contract is signed will shock you! (Make sure you read this or you won't have a legal leg to stand on.) pages 62 and 69 * If you've been wronged you'll need to write a "demand letter" to the yellow dog. On pages 104-113 I show you how to write a legal and effective demand letter ... even if you flunked your creative writing course. I also show you how to write a killer response if you receive a demand letter. I include real samples. Way better than fill-in-the-blanks. * Why even a written contract is no guarantee you've got a winning case (it's a simple matter of law you need to know now!). If you're lucky, you'll be able to settle your differences the old fashioned way . with a handshake and an apology. Maybe it'll cost you a few bucks in theprocess. That's a BIG maybe. You see, today we live in a world where people end up in court over the least little thing. And once it gets to court it becomes a really big thing. If you're not up for the challenge, you could lose your shirt ... as well as your pride and your dignity. There's only one winner in a court battle. I'm here to help you come out on top.
Win in Small Claims Court Or this Book Is Free
Author: Charles H Lumpkin, III,Charles H. Lumpkin, 3rd
Publisher: Brisk Justice
This title covers the law of business associations for introductory courses, including agency, general partnerships, closely held corporations, publicly held corporations, limited partnerships, limited liability partnerships, and limited liability companies. The material on the unincorporated business forms has been revised, updated, and expanded to reflect the centrality of these forms of business organization in modern law practice and the economy generally. Among other state and model statutes, the Uniform LLC Act (2013), the Uniform Partnership Act (2013), the Uniform Limited Partnership Act (2013), the Third Restatement of Agency (2006), and the Model Business Corporation Act (2016) are discussed and cited.
Author: Robert Hamilton,Douglas Moll,Jonathan Macey
Publisher: West Academic Publishing
In this book Richard N. L. Andrews looks at American environmental policy over the past four hundred years, shows how it affects environmental issues and public policy decisions today, and poses the central policy challenges for the future. This second edition brings the book up to date through President George W. Bush’s first term and gives the current state of American environmental politics and policy. “A guide to what every organizational decision maker, public and private, needs to know in an era in which environmental issues have become global.”—Lynton K. Caldwell, Public Administration Review "A wonderful text for students and scholars of environmental history and environmental policy.”—William L. Andreen, Environmental History
A History of American Environmental Policy, Second Edition
Author: Richard N. L. Andrews
Publisher: Yale University Press
Category: Political Science
The book deals with tax planning with holding companies located in Europe, Asia of the Caribbean. It analyses the problem of repatriating U.S. profits from Europe, going far beyond the routing of income via different companies. Instead, the approach includes an analysis of the interdependencies between international tax competition, holding company regimes, and tax planning concepts in order to establish a basis for tax planning measures regardless of the fast changing legal environment for holding companies in the different countries.
Concepts, Strategies, Structures
Author: Rolf Eicke
Publisher: Kluwer Law International B.V.
Do mergers lead to financial instability? How are shareholders' interests best served? How significant a role do taxes play? What are the implications for the structure and concentration of industry? Mergers and Acquisitions, prepared in an nontechnical format, answers these and other questions that have arisen from the takeover boom that began in the mid-1980s. "A significant piece of scholarship."—Peter Fuhrman, Forbes "Accessible to interested laypersons and policy makers. . . . [A] thoroughly readable and informative book."—Gregg A. Jarrell, Journal of Economic Literature
Author: Alan J. Auerbach
Publisher: University of Chicago Press
Category: Business & Economics
Category: Banks and banking