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1
Kohl, Uta. Jurisdiction and the Internet: A study of regulatory competence over online activity. Cambridge: Cambridge University Press, 2007.
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2
Moran, Terence. Legal competence in environmental health. London: E & FN Spon, 1997.
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3
Avoiding medical malpractice: A physician's guide to the law. New York: Springer, 2008.
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4
Choctaw, William T. Avoiding medical malpractice: A physician's guide to the law. New York: Springer, 2008.
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5
Gómez-Ibáñez, José A. Competencia y marco regulatorio: Lecciones internacionales. [Caracas]: Ediciones IESA, 1995.
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6
Los reglamentos de las administraciones independientes: Sector financiero, reguladores y Comisión Nacional de los Mercados y la Competencia, autoridades de protección. Cizur Menor (Navarra): Civitas, 2013.
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7
Akkermans, Bram, J. C. Hage, Jan Smits, and Nicole Kornet. Who does what?: On the allocation of regulatory competences in European private law. Cambridge, United Kingdom: Intersentia, 2015.
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8
Blanck, Pinkas Flint. Tratado de defensa de la libre competencia: Estudio exegético del D.L. 701 : legislación, doctrina y jurisprudencia regulatoria de la libre competencia. Cercado de Lima, Perú: Pontificia Universidad Católica del Perú, Fondo Editorial, 2002.
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9
Cerisola, Andres M. Las telecomunicaciones en un mundo de competencia: Teoría regulatoria para un mercado competitivo de telecomunicaciones. Buenos Aires: EUDEBA, 2000.
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10
Voronina, Larisa. Financial accounting: theory and practice. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1171982.
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The textbook is based on the normative acts of the system of regulatory regulation of accounting currently in force in the Russian Federation in accordance with the latest amendments to the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.
The basics of the organization of accounting and the principles of its differentiation into financial and managerial accounting are considered. The methodology of accounting for the assets, liabilities and capital of the organization is described, the main aspects of taxation are presented. Numerous practical examples, questions for self-examination and interviews, tests and workshops are given for all chapters.
The content of the textbook and the professional competencies formed based on the results of its study meet the requirements of the federal state educational standards of higher education of the latest generation, the Main Professional Educational Program of Higher Education (OPOP HE) "Accounting, analysis and audit" in the direction of training 38.03.01 "Economics" and the working program of the discipline "Accounting financial Accounting" (MFUA).
For students of economic universities and faculties, students of the system of advanced training and retraining, for practitioners of accounting services, audit companies and administrative and managerial personnel.
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Kazeykin, Valeriy, and Vladimir Tolstolugov. Theory and practice of implementation of high energy efficient technologies in construction based on Thermaron heat generators. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1146805.
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The monograph summarizes the legislative and regulatory framework, as well as shows the theory and practice of energy saving and energy efficiency development in Russia and in the world with the actualization of the use of a breakthrough domestic high-energy-efficient technology based on molecular heat generators Termaron. These devices use the principles of hydrolysis, cavitation, magnetism, resonance and synergy of these processes. The results of research conducted with the participation of specialists from Dubna state University, as well as the practice of using the Termaron ATP, showed that its operation provides a high efficiency in the use of electric energy, equal to 0.98, and the coefficient of conversion of electric energy to heat is from 2.3 to 4.6 (on average, 3.45). At the same time, the cost of heat energy and hot water supply is two to three times lower compared to traditional types of heat generating devices. It is intended for representatives of government authorities, University teachers, scientific and practical specialists in the field of design, construction and operation of energy-efficient residential and commercial real estate, state and municipal employees, managers and employees of development companies, students, masters, postgraduates and other specialists interested in improving their competencies in the field of energy efficiency based on domestic innovative breakthrough technologies in Russia and abroad.
12
Kohl, Uta. Jurisdiction and the Internet: Regulatory Competence over Online Activity. Cambridge University Press, 2007.
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13
Kohl, Uta. Jurisdiction and the Internet: Regulatory Competence over Online Activity. Cambridge University Press, 2010.
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14
Allocation of Regulatory Competence in the EU Emissions Trading Scheme. Cambridge University Press, 2014.
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15
Legal Competence in Environmental Health. Taylor & Francis, 1998.
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16
Legal Competence in Environmental Health. Routledge 1/5/1997, 1997.
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17
Antonios, Tzanakopoulos. Part II Public Obligations and Regulatory Responsibilities, B Sanctions and Regulatory Responsibilities, 9 UK Sanctions Regimes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0009.
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There are two principle sources of sanctions regimes applicable to the UK, this chapter shows: those of the European Union (EU) and the United Nations (UN). The chapter first looks at the EU regime. The EU operates thirty-eight different sanctions regimes as of May 2016. They are of two types: regimes designed to implement UN-mandated sanctions regimes; and the EU’s autonomous sanctions regimes. Current EU policy on sanctions has been continuously updated. As the EU Basic Principles make clear, the EU looks principally to the UN Security Council as the source of sanctions. The UK sanctions regimes, which give effect to UN sanctions regimes, are principally introduced for three purposes: to legislate in the absence of EU competence (for example to introduce financial sanctions against so-called ‘domestic’ terrorists); to give effect to EU regimes (for example to impose penalties for failure to comply with obligations introduced by means of an EU Regulation); and to introduce measures ahead of an EU regime (where by acting unilaterally, the UK can act more speedily) or even independently.
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Avoiding Medical Malpractice: A Physician's Guide to the Law. Springer, 2008.
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19
Simon, Morris. 6 The Approval and Regulation of Individuals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0006.
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This chapter concerns the approval and the regulation of individuals—specifically the senior management and customer-facing staff of a firm. Following the collapse of institutions such as Northern Rock (2007), it was agreed that the regulator should engage more intensively with firms over senior management’s competence and technical skills. This chapter considers the requirement for approval, the application process for approval, the possibility of withdrawal of approval, and the penalty for performance of a controlled function without approval. It then considers the Financial Conduct Authority’s (FCA) power to prohibit an individual from performing certain functions, or to take disciplinary action against an individual guilty of misconduct. Finally, the FCA and Prudential Regulatory Authority’s (PRA) ability to make rules of conduct, and the application of the Statements of Principle and Code of Practice for Approved Persons (APER), are discussed.
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Hamer, Kenneth. Professional Conduct Casebook. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198817246.001.0001.
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There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland. Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.
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Ray, Sumantra (Shumone), Sue Fitzpatrick, Rajna Golubic, Susan Fisher, and Sarah Gibbings, eds. Fraud and misconduct. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199608478.003.0025.
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Fraud and misconduct are firstly introduced by clearly defining the meaning of the two words along with what constitutes good data quality and data integrity. Falsification, Fabrication and Plagiarism are discussed. The concept of how regulators view high quality data is described along with the consequences of falsification. The chapter then goes on to present multiple definitions of fraud and misconduct to show similarities and differences between regulatory authorities in the UK and US as compared to other organisations such as the Royal College of Physicians, the Medical Research Council Policy and UK Research Integrity office. Additionally, five landmark and historical cases are presented to demonstrate what constitutes fraud. The General Medical Counsel's role in protecting public safety by ensuring proper medical standards is described along with the UK Research Integrity Office (UKRIO) and the EU Competent Authority roles in conducting investigations of suspected fraud and misconduct cases. The important roles of whistleblowers are described as well as COPE's role in reviewing published medical journal's research. Practical examples are provided to be used for the detection of fraud as well as specific approaches used by the pharmaceutical industry to detect fraudulent data. In the US, databases are available to conduct searches for individuals who have committed fraud such as the Office of Research Integrity (ORI) and the PHS Administration Action Bulletin Board. Additionally, the process for how fraud and misconduct cases are handled in the UK are discussed along with the options available for regulators, such as the MHRA, on sharing information with the public.
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Hörnle, Julia. Internet Jurisdiction Law and Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198806929.001.0001.
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Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.
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Callaghan, Helen. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815020.003.0006.
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The final chapter highlights the theoretical significance of the findings, reflects on their generalizability, and outlines supplementary explanations. By identifying systematic differences in the policy feedback processes triggered by market-enabling and market-restraining rules, the book bridges a gap between abstract theories of institutional change and more specific theories on the dynamics of capitalist development. Apart from self-reinforcing and self-undermining feedback effects, several other features of economic governance in advanced industrialized democracies also shape pathways to marketization. These features include eventfulness and periodicity, economic interdependence, multilevel governance, the influence of ideas on the content and intensity of public debates, and institutional structures that mediate interests and ideas, including electoral systems, legal systems, and the division of regulatory competences between levels of government as well as between elected and unelected rule-makers.
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Danny, Busch. Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198811756.003.0006.
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This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.
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Griller, Stefan, Walter Obwexer, and Erich Vranes. Conclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0016.
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This chapter synopsizes principal conclusions presented in this book. It stresses that mega-regional agreements risk further augmenting the fragmentation of international economic law and undermining the WTO negotiating forum. Regarding regulatory cooperation, it questions whether non-binding initiatives as those envisioned under CETA and TTIP will succeed and argues that efforts to reduce the vagueness of investment disciplines and thereby to protect domestic policy spaces are questionable. It also stresses that the controversial division of competences between the EU and its Member States greatly impedes their capability to act in international relations. It submits furthermore that citizens are increasingly anxious that they may not be able to democratically influence the process of international economic governance, which makes them feel progressively estranged also from European integration. This chapter concludes that international trade and investment agreements will, for a considerable time, not be discussed, negotiated, and concluded, in the same manner again.
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Stanley, Gordon. Accreditation and Assessment in Vocational Education and Training. Edited by John Buchanan, David Finegold, Ken Mayhew, and Chris Warhurst. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199655366.013.6.
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Vocational education and training has emerged from traditional industry and technical training into a vigorous post-compulsory education sector focused on satisfying the ever-changing demands of today’s employers. This chapter considers issues around the accreditation and regulation of providers and the assessment and certification of outcomes. Quality and comparability of outcomes has been a common concern for regulatory regimes. The front-end emphasis of training assessors and the requirement for workplace assessment contexts is designed to align with employer needs. However there are legitimate concerns about the consistency of judgments. Competency based assessment (CBA) has been the dominant assessment model and contrasts with the traditional assessment approach in general education. However the more recent standards-referenced assessment movement in the latter sector suggests ways in which assessment approaches are converging. Employability and 21st century skills reinforce the interest in developing generic skills in all sectors of education.
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Antonella Sciarrone, Alibrandi, and Grossule Edoardo. Part III Trading, 16 Commodity Derivatives. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767671.003.0016.
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This chapter considers the MiFID II/MiFIR regulation of the commodity derivatives sector, one of the areas most affected by the financial markets reform process, particularly the MiFID I review. It analyses the position limits regime, and the new rules amplifying the regulatory and supervisory powers of ESMA, of national competent authorities (NCAs) and trading venues, which introducing a range of interventionist tools that can affect operators’ investment business. The chapter also stresses the need to introduce a specific regulation depending on different commodity derivatives. The main provisions and the specific technical standards are analysed, paying particular attention to controversial measures such as the definition of the ancillary activities, the methodology to calculate the position limits, and the authorities’ new powers.
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Abubaker, S. Khalid, Tyler G. Jones, and Philip J. Candilis. Geriatric Psychiatry Research. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0040.
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Forensic research with older participants carries more ethical challenges than either geriatric or forensic research alone. Concerns with cognitive impairment, informed consent, and voluntariness combine to complicate investigations of criminal and civil competencies, aggression, and the needs of an aging correctional population. Despite the paucity of regulatory guidance, researchers have developed a number of tools for simplifying the complex requirements of forensic geriatric research. Formal assessments for capacity to consent, ongoing consent discussions and enhancements, use of surrogate decision-makers, attention to vulnerability and desperation, and research useful to the subjects themselves are all part of a best practice model that underscores the dignity and personhood of this vulnerable research population. This chapter addresses each of these elements of best practice in geriatric forensic research, as well as research ethics required in conducting geriatric psychiatry forensic research.
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Mendoza-Denton, Rodolfo, and Jordan B. Leitner. Stigma, Health, and Individual Differences. Edited by Brenda Major, John F. Dovidio, and Bruce G. Link. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190243470.013.20.
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This chapter discusses how within-group variability is as important a component to understanding the relationship between stigma and health outcomes as between-group variability. The chapter offers a framework that proposes that people’s expectations, beliefs, attitudes, goals, and self-regulatory competencies interact with one another, as well as with people’s cultural environment, to yield individual differences in response to perceived discrimination. The chapter reviews a set of individual difference constructs that have been shown to affect physical and psychological health-related outcomes. Throughout the chapter, we emphasize that individual differences can arise not only through differences in how much a given construct characterizes a person but also through differences in the relationships among the constructs themselves as well as differences in the environment. The broad goal is to reconcile individual variability with group-level differences.
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Edwards, Jane. Training, Education, and Professional Issues in Music Therapy. Edited by Jane Edwards. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199639755.013.49.
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Becoming a practitioner in music therapy occurs at multiple levels. At an individual level the student’s processes and learning are part of thisbecoming. At an interpersonal level the interactions between students as a group and in collaboration with their educators, fieldwork supervisors, and clients shape and frame the development of professional competencies. At the wider systemic level the values and processes of training are influenced by the provider institution, usually a university, and the management and department in which the music therapy training programme is housed. This systemic level also includes the external regulator such as state or national accreditation structures and the requirements of the relevant professional body. This chapter presents how the profession of music therapy has considered aspects of professionalism, professional practice, and accreditation.
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Burris, Scott, Micah L. Berman, Matthew Penn, and Tara Ramanathan Holiday. The New Public Health Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190681050.001.0001.
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Using a “transdisciplinary approach” to public health law, this book follows the core competencies for both law and public health programs. It reviews the basic background of the field of public health law, then introduces tools, concepts, and skills needed for effective development of public health laws and policies. The book also introduces the core legal doctrine of public health law and outlines the process for turning a public health law idea into an actionable, codified law or policy. It then turns to the challenges and key issues regulators and authorities face in implementation, enforcement, and legal and political defense against challenges. The book concludes with evaluation—explaining how legal monitoring and evaluation are integral to the cause of using law in public health and helping spread laws that work across jurisdictions, from the city level and beyond.
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Arjaliès, Diane-Laure, Philip Grant, Iain Hardie, Donald MacKenzie, and Ekaterina Svetlova. Chains of Finance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198802945.001.0001.
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Investment is no longer a matter of individual savers directly choosing which shares or bonds to buy. Rather, most of their money flows through a ‘chain’: an often extended sequence of intermediaries. What goes on in that chain is of huge importance: the world’s investment managers, who are now almost as well paid as top bankers, control assets equivalent in value to around a year of total global economic output. In Chains of Finance, five social scientists (four of whom have worked in investment management) discuss the ways in which the intermediaries in the chain influence each other, channel the flows of savers’ money, enhance investment decisions, and form audiences for each other’s performances of financially competent selves. The central argument of the book is that investment management is fashioned profoundly by the opportunities and constraints this chain creates. Whether chains constrain or enable, however, they always entangle, tying intermediaries to each other—silently and profoundly shaping the investment management industry. Chains of Finance is a novel analysis that will make students, social scientists, financial professionals and regulators look at the workings of financial markets in a new light. A must-read for anyone looking for insights into the decision-making processes of investment managers and those influenced by and working for them.
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Freudlsperger, Christian. Trade Policy in Multilevel Government. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198856122.001.0001.
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Trade Policy in Multilevel Government investigates how multilevel polities organize openness in a globalizing political and economic environment. In recent years, the multilevel politics of trade caught the broader public’s attention, not least due to the Wallonian regional parliament’s initial rejection of the EU-Canada trade deal in 2016. In all multilevel polities, competencies held by states and regions have increasingly become the subject of international rule-setting. This is particularly so in the field of trade, which has progressively targeted so-called “behind the border” regulatory barriers. In their reaction to this “deep trade” agenda, constituent units in different multilevel polities have shown widely varying degrees of openness to liberalizing their markets. Why is that? Trade Policy in Multilevel Government argues that domestic institutions and procedures of intergovernmental relations are the decisive factor. Countering a widely held belief among practitioners and analysts of trade policy that involving subcentral actors complicates trade negotiations, it demonstrates that the more voice a multilevel polity affords its constituent units in trade policy-making, the less the latter have an incentive eventually to exit from emerging trade deals. While in shared rule systems constituent unit governments are directly represented along the entirety of the policy cycle, in self-rule systems territorial representation is achieved merely indirectly. Shared rule systems are hence more effective than self-rule systems in organizing openness to trade. The book tests the explanatory power of this theory on the understudied case of international procurement liberalization in extensive studies of three systems of multilevel government: Canada, the European Union, and the United States.
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B, Kapp Marshall, ed. Decision-making capacity and older persons. New York, NY: Springer Pub. Co., 2004.
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Association, British Medical, ed. Consent, rights and choices in health care for children and young people. London: BMJ Books, 2001.
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