Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue.
The best and most interesting stories by Robert Aickman, a master of the supernatural tale, the uncanny, and the truly weird. Robert Aickman’s self-described “strange stories” are confoundingly and uniquely his own. These superbly written tales terrify not with standard thrills and gore but through a radical overturning of the laws of nature and everyday life. His territory of the strange, of the “void behind the face of order,” is a surreal region that grotesquely mimics the quotidian: Is that river the Thames, or is it even a river? What does it mean when a prospective lover removes one dress, and then another—and then another? Does a herd of cows in a peaceful churchyard contain the souls of jilted women preparing to trample a cruel lover to death? Published for the first time under one cover, the stories in this collection offer an unequaled introduction to a profoundly original modern master of the uncanny.
Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective. A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.
Compulsory Purchase and Compensation remains the essential guide to this complex and increasingly relevant area of the law. Now in its 12th edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The book is also especially suited to those coming to this complex subject without a specific background in the law and is ideal reading for those students taking planning and built environment modules. Surveyors in particular will find this book invaluable. Whilst this new edition picks up the very many decisions of the Upper Tribunal and the higher courts since the 11th edition, the principal piece of new legislation is the Levelling-up and Regeneration Act 2023. One of the controversial provisions in the 2023 Act is the power to include in a compulsory purchase order a direction, the effect of which is that in relation to certain limited purposes, compensation shall be assessed on the basis that no planning permission would be granted for development on the relevant land; in effect, no hope value and only existing use values would be paid.
Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.
Compulsory voting has operated in Australia for a century, and remains the best known and arguably the most successful example of the practice globally. By probing that experience from several disciplinary perspectives, this book offers a fresh, up-to-date insight into the development and distinctive functioning of compulsory voting in Australia. By juxtaposing the Australian experience with that of other representative democracies in Europe and North America, the volume also offers a much needed comparative dimension to compulsory voting in Australia. A unifying theme running through this study is the relationship between compulsory voting and democratic well-being. Can we learn anything from Australia’s experience of the practice that is instructive for the development of institutional bulwarks in an era when democratic politics is under pressure globally? Or is Australia’s case sui generis – best understood in the final analysis as an intriguing outlier?
Is voting out of fashion? Does it matter if voters don't show up at the polls? If yes, is legal enforcement of voting compatible with democracy? These are just a few of the questions linked to the thorny problem of electoral abstention. This book addresses the hot question whether there is a duty to vote and if this is enforceable in the form of compulsory voting. Divided into two parts, Anthoula Malkopoulou begins by expertly presenting the importance of compulsory voting today, situating the debate within the contemporary discussion on liberty, equality and democracy. Then, she questions the historical origins of the idea in Europe. In particular, she examines parliamentary discussions and other primary sources from France and Greece, including a few additional insights from other countries like Switzerland and Belgium. Focusing especially on the years between 1870 and 1930, the reader learns about the historical actors of the debates, their efforts to legitimate punishment of abstention through normative arguments, but also their strategic motivations and political interests. While discussions at the beginning of the century focus on introducing compulsory voting, Malkopoulou criticizes its misuse after the Second World War, exposing the contingency of relevant normative claims today and the conditionality of compulsory voting. From ancient times until today, you learn about the ideological debates, their political context and how the problems of equal representation and democratic moderation persist through the ages.
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
