Yearbook of Private International Law, Volume XIV, 2012/2013

The "Yearbook of Private International Law" provides all about the conflict of laws developments of 2012 and 2013 in one book: Volume XIV (2012/2013) includes contributions on the proposed codification of the General Part of Private International Law in Europe, on the reform of the Chinese legal system as well as on defamation and violation of personality rights (the latter in a whole section). Furthermore, the book deals with the application of EU legislation on jurisdiction and enforcement of judgements, the recognition of judgements overturned by another judgement, and the conflict of decisions in international arbitration. Reports and court decisions from the Netherlands, Turkey, India, Finland, Croatia and Switzerland and a summary of two dissertations on the role of sovereignty and choice of courts agreements complete the book.

Du capitalisme familial au capitalisme financier? : le cas de l'industrie suisse des machines, de l'électrotechnique et de la métallurgie au 20e siècle

L'objectif principal de cette thèse consiste à mettre en évidence la persistance du capitalisme familial en Suisse au cours du 20e siècle, et sa résistance aux capitalismes managérial et financier qui sont censés lui avoir succédé. Pour ce faire, nous avons retenu vingt-deux grandes entreprises du secteur des machines, de l'électrotechnique et de la métallurgie - principale branche de l'industrie suisse pour la période considérée -, pour lesquelles ont été recensés les membres des conseils d'administration et les principaux dirigeants exécutifs pour cinq dates- repère couvrant le siècle (1910, 1937, 1957, 1980 et 2000). Cette thèse s'inscrit dans une démarche pluridisciplinaire qui relève à la fois de l'histoire d'entreprise et de la sociologie des dirigeants, et fait appel à différentes méthodes telles que l'analyse de réseau et l'analyse prosopographique. Elle s'articule autour de trois axes de recherche principaux : le premier vise à mettre en évidence l'évolution des modes de gouvernance dans notre groupe d'entreprises, le second investit la question de la coordination patronale et le troisième a pour but de dresser un portrait collectif des élites à la tête de nos vingt-deux firmes. Nos résultats montrent que durant la majeure partie du siècle, la plupart de nos entreprises sont contrôlées par des familles et fonctionnent sur un mode de coordination hors marché qui repose notamment sur un réseau dense de liens interfirmes, le profil des dirigeants restant dans l'ensemble stable. Si la fin du siècle est marquée par plusieurs changements qui confirment l'avènement d'un capitalisme dit financier ou actionnarial et la mise en place de pratiques plus concurrentielles parmi les firmes et les élites industrielles, le maintien du contrôle familial dans plusieurs entreprises et la persistance de certains anciens mécanismes de coopération nous incitent cependant à nuancer ce constat. - The main objective of this research is to highlight the persistence of family capitalism in Switzerland during the 20th century and its resistance to managerial and financial capitalisms that succeeded. For this purpose, we focus on twenty- two big companies of the machine, electrotechnical and metallurgy sector - the main branch of the Swiss industry for the considered period - whose boards of directors and executive managers have been identified for five benchmarks across the century (1910, 1937, 1957, 1980 and 2000). This thesis relates to business history and elites sociology, and uses different methods such as network analysis and prosopography. It is articulated around three main parts. The aim of the first one is to identify the evolution of corporate governance in our twenty-two enterprises, the second part concentrates on interfirms coordination and the objective of the last one is to highlight the profile of the corporate elite leading our firms. Our results show that during the main part of the century, most of the companies were controlled by families and were characterized by non-market mechanisms of coordination such as interlocking directorates ; moreover, the profile of the corporate elite remained very stable. Although some major changes that took place by the end of the century confirmed a transition towards financial capitalism and more competitive interaction among firms and the corporate elite, the persistence of family control in several companies and the maintaining of some former mechanisms of coordination allow us to put this evolution into perspective.

Water planning law and government.

Water planning efforts typically identify problems and needs. But simply calling attention to issues is usually not enough to spur action; the end result of many well-intentioned planning efforts is a report that ends up gathering dust on a shelf. Vague recommendations like “Water conservation measures should be implemented” usually accomplish little by themselves as they don’t assign responsibility to anyone. Success is more likely when an implementation strategy — who can and should do what — is developed as part of the planning process. The more detailed and specific the implementation strategy, the greater the chance that something will actually be done. The question then becomes who has the legal authority or responsibility to do what? Are new laws and programs needed or can existing ones be used to implement the recommendations? ... This document is divided into four main parts. The first, “Carrots and Sticks” looks at two basic approaches — regulatory and non-regulatory — that can be, and are, used to carry out water policy. Both have advantages and disadvantages that need to be considered. The second, “The powers of federal, state and local governments…,” looks at the constitutional powers the federal government and state and local governments have to carry out water policy. An initial look at the U. S. Constitution might suggest the federal government’s regulatory authority over water is limited but, in fact, its powers are very substantial. States have considerable authority to do a number of things but have to be mindful of any federal efforts that might conflict with those state efforts. And local governments can only do those things the state constitution or state legislature says they can do and must conform to any requirements or limitations on those powers that are contained in the enabling acts. Parts three and four examine in more detail the main programs and agencies at the federal level as well as Iowa’s state and local levels and the roles they play in national and state water policy.

Iowa Law Enforcement Academy Agency Performance Plan FY 2015, February 5, 2015

Performance Plan

Iowa Law Enforcement Academy Performance Plan, FY2015

Iowa Law Enforcement Academy Performance Plan

Accessing Legal Information in Catalonia. Open Acces to Legislation and Case Law

The article outlines free online legal resources to conduct research on Catalan and Spanish legislation and case-law. Most of these resources are primary sources made public by government bodies. The list shows how the Spanish and Catalan governments, in their attempt to promote equal access to legislation and case-law, cover the different jurisdictions. The text also mentions some resources to conduct historical legal research about legislation and case law, and some free legal private websites.

The law of impersonal transactions

Most economic interactions happen in a context of sequential exchangein which innocent third parties suffer information asymmetry with respect toprevious "originative" contracts. The law reduces transaction costs byprotecting these third parties but preserves some element of consent byproperty rightholders to avoid damaging property enforcement?e.g., it isthey, as principals, who authorize agents in originative contracts. Judicialverifiability of these originative contracts is obtained either as an automaticbyproduct of transactions or, when these would have remained private, byrequiring them to be made public. Protecting third parties produces a legalcommodity which is easy to trade impersonally, improving the allocationand specialization of resources. Historical delay in generalizing this legalcommoditization paradigm is attributed to path dependency?the law firstdeveloped for personal trade?and an unbalance in vested interests, asluddite legal professionals face weak public bureaucracies.

Iowa Drainage Law Manual, TR-497, 2005

The relationship between Iowa’s roads and drainage developed when rural roads were originally constructed. The land parallel to roadways was excavated to create road embankments. The resulting ditches provided an outlet for shallow tiles to drain nearby fields for farming. Iowa’s climate and terrain are nearly ideal for farming, and more than 90 percent of the land suits the purpose. Much of the land, however, needs to be artificially drained to achieve maximum productivity. Most of this drainage has been accomplished with an extensive network of levees, open ditches, and underground tiles. The U.S. Census Bureau estimated that as early as 1920 approximately nine million acres of Iowa farm land had been artificially drained or needed to be. Couple this drainage system with Iowa’s extensive surface transportation system—approximately 100,000 miles of roads and streets, 90,000 on local systems— and potential for conflicts will naturally arise. This is particularly true with urban expansion resulting in residential and commercial development of rural land. This manual contains summaries of and references to the laws most relevant to drainage in Iowa. It also includes frequently asked questions about transportation agencies’ responsibilities related to drainage. Typical policies and agreement forms used by agencies to address drainage issues are illustrated and a glossary of common terms is included.

The ambiguous disruption of gender-role expectations in the law and the lady name

The main purpose of this research project is to analyse the major female figures in Wilkie Collins' work of fiction The Law and the Lady, in relation to the times in which the novel was produced and the situation of women in the Victorian era. After taking into account the major events of the life of the author, as well as the sociohistorical conditions of the Victorian period, I try to reach conclusions about whether the author challenges gender-role expectations, presenting the readers with a new form of femininity, of if, on the contrary, he preserves and maintains a conservative, traditional perspective of femininity and female conventions proper to the established parameters of the times in which he lived. Keywords:

Bone mineral density in breast cancer patients treated with adjuvant letrozole, tamoxifen, or sequences of letrozole and tamoxifen in the BIG 1-98 study (SAKK 21/07).

BACKGROUND: The risk of osteoporosis and fracture influences the selection of adjuvant endocrine therapy. We analyzed bone mineral density (BMD) in Swiss patients of the Breast International Group (BIG) 1-98 trial [treatment arms: A, tamoxifen (T) for 5 years; B, letrozole (L) for 5 years; C, 2 years of T followed by 3 years of L; D, 2 years of L followed by 3 years of T]. PATIENTS AND METHODS: Dual-energy X-ray absorptiometry (DXA) results were retrospectively collected. Patients without DXA served as control group. Repeated measures models using covariance structures allowing for different times between DXA were used to estimate changes in BMD. Prospectively defined covariates were considered as fixed effects in the multivariable models. RESULTS: Two hundred and sixty-one of 546 patients had one or more DXA with 577 lumbar and 550 hip measurements. Weight, height, prior hormone replacement therapy, and hysterectomy were positively correlated with BMD; the correlation was negative for letrozole arms (B/C/D versus A), known osteoporosis, time on trial, age, chemotherapy, and smoking. Treatment did not influence the occurrence of osteoporosis (T score < -2.5 standard deviation). CONCLUSIONS: All aromatase inhibitor regimens reduced BMD. The sequential schedules were as detrimental for bone density as L monotherapy.

Report on the Iowa Law Enforcement Academy for the year ended June 30, 2014

Report on the Iowa Law Enforcement Academy for the year ended June 30, 2014