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Disaster Law and Policy examines the growing field concerned with disaster prevention, emergency response, compensation andamp; insurance, human rights, and community recovery. The first book on disaster law to appear in the wake of Katrina, this fascinating text provides the key building blocks for a thoughtful analysis of the issues that surround disaster-relief policy and procedure.
Exploring the legal issues that surround Katrina and other natural disasters in the U.S. and around the world, Disaster Law and Policy, features:
Adopting a wider perspective that looks at the legal ramifications of disasters across the United States and around the world, the Second Edition offers:
A unique and timely text in a burgeoning field, Disaster Law and Policy, Second Edition, is ideal for use in a seminar or a course on disaster issuesand#8212;or as a supplement in courses on environmental law or land use.
An investigation into the affairs of a company or an aspect of those affairs by the Department of Trade and Industry (DTI) can have far-reaching implications for those involved. This includes,for example, directors' disqualification proceedings and criminal prosecution. In recent years the number of investigations has increased substantially; in 1996/7 the DTI formally considered more than 1,300 cases. Over 400 investigations under the Companies Acts, section 44 of the Insurance Companies Act 1982 and section 177 of the Financial Services Act 1986 (insider dealing) were commenced in the same period. The book places these statutory investigations in their public law context, examining in detail the public law principles governing such matters as public interest immunity and procedural fairness. It also analyses the European Convention on Human Rights cases on investigations and the use of evidence and explains the implications for domestic law. This book examines the company investigation system, and will be a valuable vade mecum for investigators appointed by the DTI or for witnesses to an investigation. It is a unique work of reference and analysis, written by a leading practitioner in this area, and will rapidly become established as the leading work in this area.Table of Contents Introduction; Historical Background; The Investigations Handbook; The Investigation of Investigations; The Conduct of Investigations; Obtaining Evidence; Preparation of Reports and Procedural Fairness; Disclosure of Information Received During the Course of an Investigation; The Publication of Reports; The Expenses of Investigations; The Link with Other Investigations; Subsequent Action by the Secretary of State; The Use of Evidence and Reports in Civil and Criminal Proceedings; Proposal for Reform; Appendix - Relevant Statutory Provisions
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
This book explores the relationship of several of Dickens's texts (Nicholas Nickleby, A Christmas Carol, Little Dorrit and Our Mutual Friend) with the system of finance capitalism, both as reflections of the evolution of that system, and as attempts to shape and influence, if not the system itself, at least public opinion about the system and the actions of those who participated in it. Specifically, the book examines elements of Dickens's work that form a critique of financial capitalism. Dickens's critique is rooted in the difference between use-value and exchange-value, and in the difference between productive circulations and mere accumulation. The critique details how, in a money-based society, exchange-value and accumulation become dominant to the point where they infect even the most important social relations.
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