Fault Lines in Equity

Fault Lines in Equity PDF Author: James Glister
Publisher: Bloomsbury Publishing
ISBN: 1847319440
Category : Law
Languages : en
Pages : 298

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Book Description
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

Fault Lines in Equity

Fault Lines in Equity PDF Author: James Glister
Publisher: Bloomsbury Publishing
ISBN: 1847319440
Category : Law
Languages : en
Pages : 298

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Book Description
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

Fault Lines

Fault Lines PDF Author: Raghuram G. Rajan
Publisher: Princeton University Press
ISBN: 1400839807
Category : Political Science
Languages : en
Pages : 283

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Book Description
From an economist who warned of the global financial crisis, a new warning about the continuing peril to the world economy Raghuram Rajan was one of the few economists who warned of the global financial crisis before it hit. Now, as the world struggles to recover, it's tempting to blame what happened on just a few greedy bankers who took irrational risks and left the rest of us to foot the bill. In Fault Lines, Rajan argues that serious flaws in the economy are also to blame, and warns that a potentially more devastating crisis awaits us if they aren't fixed. Rajan shows how the individual choices that collectively brought about the economic meltdown—made by bankers, government officials, and ordinary homeowners—were rational responses to a flawed global financial order in which the incentives to take on risk are incredibly out of step with the dangers those risks pose. He traces the deepening fault lines in a world overly dependent on the indebted American consumer to power global economic growth and stave off global downturns. He exposes a system where America's growing inequality and thin social safety net create tremendous political pressure to encourage easy credit and keep job creation robust, no matter what the consequences to the economy's long-term health; and where the U.S. financial sector, with its skewed incentives, is the critical but unstable link between an overstimulated America and an underconsuming world. In Fault Lines, Rajan demonstrates how unequal access to education and health care in the United States puts us all in deeper financial peril, even as the economic choices of countries like Germany, Japan, and China place an undue burden on America to get its policies right. He outlines the hard choices we need to make to ensure a more stable world economy and restore lasting prosperity.

Defences in Equity

Defences in Equity PDF Author: Paul S Davies
Publisher: Bloomsbury Publishing
ISBN: 150992101X
Category : Law
Languages : en
Pages : 391

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Book Description
This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Fault Lines: A History of the United States Since 1974

Fault Lines: A History of the United States Since 1974 PDF Author: Kevin M. Kruse
Publisher: W. W. Norton & Company
ISBN: 039363454X
Category : History
Languages : en
Pages : 634

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Book Description
"A gripping and troubling account of the origins of our turbulent times.” —Jill Lepore, author of These Truths: A History of the United States When—and how—did America become so polarized? In this masterful history, leading historians Kevin M. Kruse and Julian E. Zelizer uncover the origins of our current moment. It all starts in 1974 with the Watergate crisis, the OPEC oil embargo, desegregation busing riots in Boston, and the wind-down of the Vietnam War. What follows is the story of our own lifetimes. It is the story of ever-widening historical fault lines over economic inequality, race, gender, and sexual norms firing up a polarized political landscape. It is also the story of profound transformations of the media and our political system fueling the fire. Kruse and Zelizer’s Fault Lines is a master class in national divisions nearly five decades in the making.

Bulletin

Bulletin PDF Author:
Publisher:
ISBN:
Category : Geology
Languages : en
Pages : 572

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Book Description


Fault Lines in the Constitution: The Graphic Novel

Fault Lines in the Constitution: The Graphic Novel PDF Author: Cynthia Levinson
Publisher: First Second
ISBN: 1250806127
Category : Comics & Graphic Novels
Languages : en
Pages : 287

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Book Description
The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions. This book is part of the World Citizen Comics series, a bold line of civics-focused graphic novels that equip readers to be engaged citizens and informed voters.

Grading for Equity

Grading for Equity PDF Author: Joe Feldman
Publisher: Corwin Press
ISBN: 1506391591
Category : Education
Languages : en
Pages : 282

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Book Description
"Joe Feldman shows us how we can use grading to help students become the leaders of their own learning and lift the veil on how to succeed. . . . This must-have book will help teachers learn to implement improved, equity-focused grading for impact." —Zaretta Hammond, Author of Culturally Responsive Teaching & The Brain Crack open the grading conversation Here at last—and none too soon—is a resource that delivers the research base, tools, and courage to tackle one of the most challenging and emotionally charged conversations in today’s schools: our inconsistent grading practices and the ways they can inadvertently perpetuate the achievement and opportunity gaps among our students. With Grading for Equity, Joe Feldman cuts to the core of the conversation, revealing how grading practices that are accurate, bias-resistant, and motivational will improve learning, minimize grade inflation, reduce failure rates, and become a lever for creating stronger teacher-student relationships and more caring classrooms. Essential reading for schoolwide and individual book study or for student advocates, Grading for Equity provides A critical historical backdrop, describing how our inherited system of grading was originally set up as a sorting mechanism to provide or deny opportunity, control students, and endorse a "fixed mindset" about students’ academic potential—practices that are still in place a century later A summary of the research on motivation and equitable teaching and learning, establishing a rock-solid foundation and a "true north" orientation toward equitable grading practices Specific grading practices that are more equitable, along with teacher examples, strategies to solve common hiccups and concerns, and evidence of effectiveness Reflection tools for facilitating individual or group engagement and understanding As Joe writes, "Grading practices are a mirror not just for students, but for us as their teachers." Each one of us should start by asking, "What do my grading practices say about who I am and what I believe?" Then, let’s make the choice to do things differently . . . with Grading for Equity as a dog-eared reference.

Subrogation and Marshalling

Subrogation and Marshalling PDF Author: Rory Gregson
Publisher: Bloomsbury Publishing
ISBN: 1509969233
Category : Law
Languages : en
Pages : 195

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Book Description
This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

The Bulletin

The Bulletin PDF Author:
Publisher:
ISBN:
Category : Sydney (N.S.W.)
Languages : en
Pages : 1086

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Book Description


Widen the Market, Narrow the Competition

Widen the Market, Narrow the Competition PDF Author: Daniel Mügge
Publisher: ECPR Press
ISBN: 178552092X
Category : Political Science
Languages : en
Pages : 134

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Book Description
EU capital markets have changed radically over the past 20 years. In the 1980s, countries had their own financial industries and rules. Now there is one 'Champions League' of banks, and member states have transferred crucial regulatory powers to Brussels. Drawing on policy documents and more than fifty in-depth interviews, Widen the Market, Narrow the Competition argues that financial industry interests have been key to this power shift. Continental banks initially feared a single European market, and governments followed their protectionist impulses. In the 1990s the mood changed, and the likes of ABN AMRO and Deutsche Bank rushed into international investment banking. They emerged as the crucial lobby for the supranational governance in place today. Linked by the interests of centrally placed firms, EU financial integration and supranational governance have been two sides of the same coin. At the same time, national parliaments and ordinary citizens have been pushed to the sidelines.