Going beyond strictly legal and property-oriented aspects of the restitution debate, restitution is considered as part of a larger set of processes of return that affect museums and collections, as well as notions of heritage and object status. Covering a range of case studies and a global geography, the authors aim to historicize and bring depth to contemporary debates in relation to both the return of material culture and human remains. Defined as contested holdings, differing museum collections ranging from fine arts to physical anthropology provide connections between the treatment and conceptualization of collections that generally occupy separate realms in the museum world.

Vols. 1-36, 1914-1949, 1999- issued in separate parts, called sections, e.g. Journal section, Federal Court section, Privy Council section, Allahabad section, Bombay section, etc.

Robert Nagel's innovative volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power. Nagel argues that the problem with the modern judicial role is cultural and political. He demonstrates that judges, especially Supreme Court justices, have degraded our political discourse, intensified social conflict, and drained moral confidence. By examining modern Supreme Court confirmation hearings along with certain classic legal writings, Nagel shows how modern lawyers have a broad consensus on how to interpret the Constitution and, more generally, how to think about law. One major component of this mindset is to combine realism with legalism in ways that naturally tend to expand the judiciary's imperial role. Realism counsels that decisions are inevitably partly personal and therefore cannot be conclusively justified while legalism imparts the sense that the judge's interpretation is the best one possible. This combination of the personal and political, along with other aspects of modem legal thinking and training, means that judges are not only unconstrained by professional norms but actually are impelled by them to use power expansively. This issue is important to every person living in the U.S., as the Supreme Court's decisions concern everyone in the nation. It has the potential to be read by lawmakers, lawyers, students of law and political science, and anyone interested in Constitutional law. The thesis is unique and the execution is precise.

Mitigate risk and increase returns with an alternative hedge fund strategy Merger Arbitrage: How to Profit from Event-Driven Arbitrage, Second Edition is the definitive guide to the ins and outs of the burgeoning merger arbitrage hedge fund strategy, with real-world examples that illustrate how mergers work and how to take advantage of them. Author Thomas Kirchner, founder of the Pennsylvania Avenue Event-Driven Fund, discusses the factors that drove him to invest solely in merger arbitrage and other event-driven strategies, and details the methods used to incorporate merger arbitrage into traditional investment strategies. And while there is always a risk that a deal will fall through, the book explains how minimal such risks really are when the potential upside is factored in. Early chapters of the book focus on the basics of the merger arbitrage strategy, including an examination of mergers and the incorporation of risk into the arbitrage decision. Following chapters detail deal structures, financing, and legal aspects to provide the type of in-depth knowledge required to execute an effective investment strategy. The updated second edition stresses new, increasingly relevant information like: Worldwide legal deal regimes UK takeover code UK takeover code global offspring Regulators around the world The book provides clear, concise guidance on critical considerations including leverage and options, shorting stocks, and legal recourse for inadequate merger consideration, allowing readers to feel confident about trying a new investment strategy. With simple benefits including diversification of risk and return streams, this alternative hedge fund strategy has a place in even the most traditional plan. Merger Arbitrage: How to Profit from Event-Driven Arbitrage, Second Edition provides the information that gives investors an edge in the merger arbitrage arena.

The introduction of absolutism in France has conventionally been seen as a process of centralization imposed from the top down. The Crown, the chancellor, the principal ministers, and the secretaries of state are all supposed to have worked in concert to break the power of the nobles and governors, abolish local Estates, and even intervene in the selection of municipal councillors. The fiscal and institutional development of the province of Dauphiné, however, suggests a very different absolutist dynamic. While it is clear that the Crown wanted to standardize and, when possible, centralize the institutions of the province, it is equally clear that , from the 1540s on, certain groups anxious for provincial tax reform actively encouraged royal intervention. Daniel Hickey analyses the individuals and groups that directed each stage of the struggle for tax reform: rural villagers, the élite of the ten major cities, lawyers and legal groups, and new and old nobles. Each group expressed itself through the means available to it: peasant revolt, courtroom hearings, local village meetings, or lobbying at court. The social alliances made during the struggle were temporary in nature and often united groups that would normally have been opposed to each other. But they were effective. Hickey identifies two major results of this social movement: the Crown was able to take major steps towards integrating Dauphiné into the kingdom, and the province's fiscal structure underwent a major reform.

International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

In Ethnicity, Inc. anthropologists John L. and Jean Comaroff analyze a new moment in the history of human identity: its rampant commodification. Through a wide-ranging exploration of the changing relationship between culture and the market, they address a pressing question: Wherein lies the future of ethnicity? Their account begins in South Africa, with the incorporation of an ethno-business in venture capital by a group of traditional African chiefs. But their horizons are global: Native American casinos; Scotland’s efforts to brand itself; a Zulu ethno-theme park named Shakaland; a world religion declared to be intellectual property; a chiefdom made into a global business by means of its platinum holdings; San “Bushmen” with patent rights potentially worth millions of dollars; nations acting as commercial enterprises; and the rapid growth of marketing firms that target specific ethnic populations are just some of the diverse examples that fall under the Comaroffs’ incisive scrutiny. These phenomena range from the disturbing through the intriguing to the absurd. Through them, the Comaroffs trace the contradictory effects of neoliberalism as it transforms identities and social being across the globe. Ethnicity, Inc. is a penetrating account of the ways in which ethnic populations are remaking themselves in the image of the corporation—while corporations coopt ethnic practices to open up new markets and regimes of consumption. Intellectually rigorous but leavened with wit, this is a powerful, highly original portrayal of a new world being born in a tectonic collision of culture, capitalism, and identity.

This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.