Schofield's Election Law


Book Description

The third edition of Banking Law provides you with a comprehensive insight into the increasingly complex area of banking law. By covering all key legislation and case law, this essential title provides a definitive practical reference for any lawyer advising a bank, or for a bank's in-house legal team. This essential desktop companion gives you: Coverage of the statutory structure for the regulation of banks Complete information on anti-money laundering and terrorist finance provisions An in-depth explanation of civil law issues concerning the bank and its customers Full discussion of the law of payment instruments Coverage of forms of security Updates on the enforcement of security New to this edition Analysis of 'post credit-crunch' regulatory structure A comprehensive review of case law concerning the Financial Services Ombudsman Analysis of recent case law on the interpretation of loan contracts In-depth analysis of the law of guarantees Impact of the Personal Insolvency Act 2013 on a banks security interests 1st Supplement includes: Changes to the regulatory structure in the light of the Single Supervisory Mechanism The Companies Act 2014 and its impact on corporate security The Consumer Protection (Regulation of Credit Servicing Firms) Bill Case law on the proof of bank debt in civil proceedings against borrowers/guarantors New Central Bank enforcement powers The decision of the Supreme Court in Quinn v Irish Bank Resolution Corp Ltd (In Special Liquidation) [2015] IESC 29 and in O Donnell v Governor and Company of the Bank of Ireland [2014] IESC 77




UK Election Law


Book Description

This book contains a critical analysis of the law and politics governing the conduct of statutory elections in the United Kingdom. The author argues that elections have now become a marketplace for 'buying' the most seemingly attractive political party on offer into power, rather than an expression of democratic self-government. Thematically arranged, he considers a number of issues dating from before the Civil War through nineteenth century reforms to the foundation of the Electoral Commission and up to their paper 'Securing the Vote' published in 2005. The book Framing the debate for the Electoral Administration Bill 2005, it contains, amongst other legal analysis, analyses leading cases, including:Sanders v ChichesterR v JonesR v Whicher; ex parte MainwaringIn re Fermanagh and South Tyrone. The author presents an argument for a radical reappraisal of election law which involves, rather than excludes the self-governing citizenry, suggesting that election law, perhaps above all other kinds of law, should be the subject of vigorous and open public debate.




Duty to Self


Book Description

That we owe duties to others is a commonplace, the subject of countless philosophical treatises and monographs. Morality is interpersonal and other-directed, many claim. But what of what we owe ourselves? In Duty to Self, Paul Schofield flips the paradigm of interpersonal morality by arguing that there are moral duties we owe ourselves, and that in light of this, philosophers need to significantly rethink many of their views about practical reason, moral psychology, politics, and moral emotions. Among these views is the idea that divisions within a person's life enable her to relate to herself second-personally--that is, as though she were relating to a distinct other person--in the way required by morality. Further, there exist political duties owed to the self, which the state may coerce persons to perform. This amounts to a novel argument for paternalistic law, which appeals to considerations of right, justice, and freedom in order to justify coercing a person for their own sake--a liberal justification for an idea typically thought to be deeply at odds with liberalism. Schofield untangles how this view would impact various issues in applied ethics and political philosophy, for example, financial prudence and risk, the pursuit of the good life, and medical ethics. Duty to Self is essential for anyone working in moral and political philosophy or political theory.




The Electoral System in Britain


Book Description

This excellent new book provides a comprehensive account of the British system of parliamentary elections. It contains a description of the current structure and operation of the electoral system, and pays special attention to those subjects which have given rise to political concern or controversy in recent years. There is extensive analysis and commentary upon the different proposals for reform which are currently in debate, and the author puts forward his own conclusions on how the electoral system should be developed in the years ahead to modernise and improve the quality of representative democracy in Britain.




Law Notes


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Election Law


Book Description




Breaking the Two-party Doom Loop


Book Description

American democracy is in deep crisis. But what do we do about it? That depends on how we understand the current threat.In Breaking the Two-Party Doom Loop, Lee Drutman argues that we now have, for the first time in American history, a genuine two-party system, with two fully-sorted, truly national parties, divided over the character of the nation. And it's a disaster. It's a party system fundamentally at odds withour anti-majoritarian, compromise-oriented governing institutions. It threatens the very foundations of fairness and shared values on which our democracy depends.Deftly weaving together history, democratic theory, and cutting-edge political science research, Drutman tells the story of how American politics became so toxic and why the country is now trapped in a doom loop of escalating two-party warfare from which there is only one escape: increase the numberof parties through electoral reform. As he shows, American politics was once stable because the two parties held within them multiple factions, which made it possible to assemble flexible majorities and kept the climate of political combat from overheating. But as conservative Southern Democrats andliberal Northeastern Republicans disappeared, partisan conflict flattened and pulled apart. Once the parties became fully nationalized - a long-germinating process that culminated in 2010 - toxic partisanship took over completely. With the two parties divided over competing visions of nationalidentity, Democrats and Republicans no longer see each other as opponents, but as enemies. And the more the conflict escalates, the shakier our democracy feels.Breaking the Two-Party Doom Loop makes a compelling case for large scale electoral reform - importantly, reform not requiring a constitutional amendment - that would give America more parties, making American democracy more representative, more responsive, and ultimately more stable.




Lincoln and Citizens' Rights in Civil War Missouri


Book Description

During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.