Islamic Finance: The Regulatory Challenge (Wiley Finance)

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"Islamic Finance: The Regulatory Challenge...is therefore timely and a truly welcome addition to the growing literature on this subject...I congratulate the two professors for their fine contribution to the evolving art and science of the regulation of Islamic finance."--Dr. Zeti Akhtar Aziz, Governor, Bank Negara Malaysia

"The World's financial regulators have taken too long to appreciate the importance of adapting their regulatory frameworks to the needs of the fast growing Islamic finance sector. Simon Archer and Rifaat Ahmed, the leaders in the field, have put together a fascinating collection of essays which show just what has to be done. It is a very timely book indeed."--Howard Davies, Director, London School of Economics

"The emergence of Islamic finance as a major force in the world financial system has focused attention on regulatory issues. This book, edited by Professor Archer and Professor Rifaat, two of the most respected figures in the field, is an important point of reference for those who have to deal with these issues, whether in regulatory authorities, or in the financial institutions themselves."--Professor William Blair QC, Grays Inn, London

"There is now great interest, both in financial and legal circles, in reliable and authoritative texts on Islamic finance. I have no doubt that the availability of Islamic Finance: The Regulatory Challenge will be warmly welcomed by those who provide financial and legal services. The work will be of great assistance to them."--The Rt Hon the Lord Woolf of Barnes, Law Lord and former Lord Chief Justice of England & Wales

Eu Environmental Law: Challenges, Change And Decision-making (Modern Studies in European Law)

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Eu Environmental Law: Challenges, Change And Decision-making (Modern Studies in European Law)
Maria Lee
Manufacturer: Hart Publishing
ProductGroup: Book
Binding: Paperback

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ASIN: 1841134104

Facing the Challenge of Liability in Psychotherapy: Practicing Defensively

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Rampant paranoia pitting therapists against their clients
Rampant paranoia pitting therapists against their clients
Facing the need to be defensive
Bad and dangerous advice

Facing the Challenge of Liability in Psychotherapy: Practicing Defensively
Lawrence Hedges
Manufacturer: Jason Aronson
ProductGroup: Book
Binding: Hardcover

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Psychodynamic Diagnostic Manual: (PDM)

ASIN: 0765703866

Book Description

Dr. Lawrence E. Hedges updates his ground breaking first edition with special articles on the pressing issues of working with minors and child custody evaluations, and provides critical information regarding compliance with new HIPPA regulations. In this book he urges clinicians to practice defensively and provides a course of action that equips them to do so. After working with over a hundred psycho-therapists and attorneys who have fought unwarranted legal and ethical complaints from clients, he has made the fruits of his work available to all therapists. This book is a wakeDup call, a practical, clinically sound response to a frightening reality, and an absolute necessity for all therapists in practice today.

Customer Reviews:

Rampant paranoia pitting therapists against their clients.......2002-04-27

This writer has created a tome which has the potential to scare the living daylights of any therapist trying to work with clients . His focus on practicing defensively seems to overlook the obvious fact that such a posture taken with clients from the outset is oxymoronic. Clients come to therapists with the need and expectation of a therapeutic alliance. No one call ally themselves with an individual whose initial and ongoing posture is one of self-protection, defensiveness, and guardedness.

Hedges' comments regarding transference issues as the basis for complaints and his over-emphasis on these as the source of dissatisfaction in clients leads any knowledgeable reader to wonder to what extent his own strong countertransference issues related to clients of ANY kind are at work in his writing OR in his actual practice. His hostility toward clients and toward administrative/licensing boards is overt and interferes with his ability to provide balanced clarity in dealing with the issues he discusses.

In my opinion, any therapist who adopts his vantage point for approaching clients will soon have no clients. Clients have an intuitive sense regarding their therapists' perceptions of them. Being handed stacks of legal papers to sign and a myriad of other documents designed to protect the therapist (of course, under the guise of protecting both) at the outset of therapy precludes the possibility that any meaningful work will get done or any therapeutic alliance could be formed. Clients are not a stupid as he appears to suppose.

While the issue of practicing with common sense about legal and administrative issues is important, Hedges' approach focuses only on negative, confrontive, and overtly hostile interactions with clients--to the detriment of all concerned. Any therapist who seeks to help clients knows that taking such a legalistic approach and allowing it to pervade every interaction with clients would be counterproductive.

As one reads this book, one is struck by the intense frustration and anger which pervades its pages. It leads one to ask the questions--what infantile traumas have yet to be dealt with in therapy by this author? or, as the famous commercial used to say, "what's his beef?"

Let us hope another author can approach this subject without Hedges' open hostility and paranoia toward clients so that balanced methods can be developed to address relevant issues without defeating the entire purpose of the therapeutic process. Only a therapist who has completely given up on the healing aspects of therapy would take this book seriously. And for those who have given up, why not turn to a line of work that doesn't require such vigilance and paranoia on a daily basis?

Rampant paranoia pitting therapists against their clients.......2002-04-27

Facing the need to be defensive.......2002-01-25

I found the Paul G. Mattiuzzi, Ph.D. review helpful, but a little extreme in the manner similar to his complaints about L. E. Hedges. These are confusing times for the practice of psychotherapy and a discussion of the problems that one can face, including models for addressing some of those problems, contributes to the effort to produce a more tempered solution for our changing profession. Therapeutic manuals and manual- oriented software like Therascribe are other examples of similar guide-driven change, but these tools require a tempered approach too. In other words, if you can see the opposing poles, it is a little easier to find a middle ground.

I would hope that the professionals that look at this book would realize that it does not obsolete professional consultation. As Dr. Mattiuzzi's colleague sought him out, I have often used these sample documents as an example to stimulate discussions with colleagues. In all cases, we usually come up with a modified solution suited to the given situation, but the sample document gave us a good starting place. Blindly applying these documents would be as disastrous as not addressing our new practice demands at all. Solo practice needs to be safer and more efficient for the consumer and the practitioner. If people find any of the sample pages on Amazon interesting, consider sharing the expense of this book among a group of colleagues.

Bad and dangerous advice.......2001-08-03

I recently spoke with a colleague who was seeking advice about responding to a request for information from an attorney about a former patient. The psychologist was somewhat distressed by the inquiry. I saw it as a routine matter. She mentioned that she had read a book, which is the subject of this review, and that it had given her great reason to worry about liability.

I knew the authorýs name and decided I should read his book.

The author makes some interesting points and provides some useful information. I would suggest, however, that on the whole, this text it is not to be trusted.

Described on the dust jacket as a comprehensive handbook for all therapists, ýPracticing Defensivelyý is more uniquely focused on the challenges faced by clinicians who do long-term depth and dynamic work with seriously disturbed patients. It primarily addresses the threat of false accusations and licensing board actions. Included are a number of forms which can be copied from an accompanying CD. Many are standard, some are unique (e.g., ýconsent to feed my children during therapyý).

The text first gives reason for pause in a discussion about how to respond to a subpoena. A forceful, cautious and defiant response is advocated, but no consideration is given to the context or circumstances surrounding the request. It is suggested that the Supreme Courtýs 1996 Jaffee decision be cited (Jaffee was the first Supreme Court ruling to recognize a psychotherapist privilege), but the case is miscited, the facts are misstated, and the ruling is misinterpreted. The author goes on to note that if records must be produced, they should be taken directly to ýthe judge,ý and sealed with a warning reading in part: ýanyone daring to break this seal violates 2000 years of Roman and Anglo Saxon Law which guarantees sanctuary and privacy to all citizens.ý My guess is that this warning might be dismissed as an eccentricity. But I think it is more likely to be viewed as odd, immature, or unprofessional.

Additional examples of questionable advice are included. For example, the precise elements of privilege and confidentiality for minors seem to be misunderstood. A standard form for authorizing the release of information does not appear to be well drafted: it unnecessarily authorizes two-way communications, omits the signature of a witness, includes any information desired, and sets the expiration date at five years. At a clinical level, it is suggested that the only way in which symptoms from early trauma can be resolved is by causing them to be relived or reexperienced in therapy.

What is of most concern about this book is the attitude adopted towards licensing boards. It appears that no legitimate purpose for a boardýs existence is recognized. Instead, the author endorses the proposition that we ýneed to remain in a constant watchdog and adversarial position.ý He says that we must ýstand against unfair enforcement and unwarranted intrusion by the state into our professional affairs,ý and that ýthe rule is not to believe anything state boards put out because it is all so highly subject to political and financial motivation.ý It is said that those who sit on licensing boards and ethics committees have been ýseduced ... into naive and nonsensical moralizingý and that their efforts ýcan only lead to endless travesties of justice.ý They are accused of ýcareless prosecutionsý which are ýheavily biased in favor of conviction.ý

A centerpiece for this book is the authorýs discussion of his reaction to a complaint against a colleague and the subsequent investigation. He sets the tone for the experience by recounting a dream about Nazi atrocities, the smell of burning flesh, and jack booted thugs knocking on doors. He describes an ýadministrative monster (that) continues to grind out injustices that destroy (the) lives of my professional colleagues,ý the ýfarce of administrative justice,ý and the ýneedless damage (caused by) board stupidity.ý Before it was even investigated, the author knew that the complaint was unjustified. After all, the clinician had discussed the case for years in conferences with many colleagues. She was known as ýHowardýs case from Hell,ý and was described by the author as ýa woman who undoubtedly would have been burned at the stake as a witch.ý In preparing to fight for his colleague, the author railed against the ýf---ing boards,ý noting that ýthose state guys all have a police mentality - blind, ignorant, vindictive. They are dangerous.ý The anti-climax to the story is that the complaint was dismissed as soon as it was investigated.

Book Description

This book highlights the challenges facing quality assurance/quality control (QA/QC) in today's biopharmaceutical environment and presents the strategic importance and value generated by QA/QC for their involvement in control of manufacturing. It will put into perspective the need for a graded approach to QA/QC from early clinical trials through market approval.

Customer Reviews:

Good overview of CMC considerations.......2006-11-10

A good overview of points to consider for drafting CMC sections. I found the level detail adequate to provide the necessary background, without being so granular that it put me to sleep. The section on CMO's is particularly good for those who have little or no experience with Contract Manufacturing.

Eu Climate Change Policy: The Challenge of New Regulatory Initiatives (New Horizons in Environmental Law Series)

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Eu Climate Change Policy: The Challenge of New Regulatory Initiatives (New Horizons in Environmental Law Series)

Manufacturer: Edward Elgar Publishing
ProductGroup: Book
Binding: Hardcover

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ASIN: 1845426053

Book Description

This book explores the current policy measures adopted by the EU in order to realize its Kyoto Protocol commitment and to prepare for further emission reductions after 2012.

EU Climate Change Policy focuses on legal instruments, with emissions trading at the forefront of the policy package, accompanied by directives on energy taxation, energy efficiency and renewable energy. Distinguished authors provide a commentary on each aspect of the policy measures, discussing both theoretical and practical aspects. Overall, it is concluded that whilst EU policy is very `green', it needs to be developed further in a comprehensive and meaningful way.

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Francis J. Beckwith asks whether teaching Intelligent Design in public schools would be constitutional, in light of the Supreme Court's decision in Edwards v. Aguillard.

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A Noted Scholar Explains Why Intelligent Design is Constitutional.......2006-06-22

Legal scholar Francis J. Beckwith recounts the legal history of court battles over the teaching of biological origins. Though many thought that the landmark Supreme Court case Edwards v. Aguillard would permanently settle these questions by ruling creationism unconstitutional, Beckwith observes that intelligent design poses a new challenge to legal scholars. Beckwith, who has published about teaching intelligent design in law journals such as Harvard Law Review, provides a thorough treatment of the subject.

After recounting the history of cases which involved the "Creator in the courtroom,' Beckwith turns to analyzing intelligent design. Under various legal definitions of religion, Beckwith contends that design is not religion as conventionally understood because it derives its support from empirical data and philosophical arguments. Intelligent design, Beckwith explains, is distinct from creationism, for it derives its support from the scientific argument rather than religious texts such as the book of Genesis. Design also fails other legal tests for "religion," such as the "parallel position test" because it does not function as a religion in the lives of its proponents. While design may come to conclusions shared by some religions, this does not necessarily make it "religion" for legal purposes. After all, Beckwith observes, courts have acknowledged that "a decision respecting the subject matter to be taught in public schools does not violate the Establishment Clause simply because the material to be taught `happens to harmonize with the tenets of some or all religions.'"

Finally, Beckwith argues that intelligent design does not fit under the Edwards test for religion because it lacks a historical connection with the Scopes Trial and other Genesis-inspired anti-evolution endeavors. Teaching about intelligent design could be justified on the basis that it improves the religious "neutrality" of a curriculum.

Beckwith provides a deep and thorough treatment of the legal arguments raised by critics of teaching design in public schools. Those interested in studying the relevant technical legal arguments surrounding the teaching of intelligent design will require an understanding of Beckwith's well-reasoned position explained in this book.

A well-informed, even-handed assessment.......2004-11-11

Francis Beckwith's LAW, DARWINISM, AND PUBLIC EDUCATION does an excellent job of sorting through and analyzing the relevant court cases and legal arguments concerning the teaching of creation/evolution in public schools. With the emergence of the Intelligent Design (ID) movement, a much stronger and more sophisticated case can be made, both empirically and philosophically, for the plausibility of a Creator and Designer. The strength of these arguments cannot justifiably be barred from public education curricula.

Beckwith suggests a point I would like to underscore: the "creation vs. evolution" debate is often a red herring, masking the more fundamental metaphysical issues at stake. First, there are theistic evolutionists (Howard Van Till calls this view "fully gifted creation"), who believe that God has been working through the evolutionary process in the unfolding of His purposes. Darwin himself started out believing this. In the early editions of *The Origin of Species*, Darwin himself spoke of "laws impressed on matter by the Creator" and "life, with its several powers, having been originally breathed by the Creator into a few forms or into one" (Ch. 15, "Recapitulation and Conclusion"). Later, Darwin apparently gave up on his faith based, not on any scientific evidence, but due to theological and philosophical assumptions (which turn out to be deeply problematic: see Cornelius Hunter, DARWIN'S GOD [Brazos Press]). So the ultimate issue is not "creation vs. evolution" but "naturalism vs. supernaturalism." Whether we should prefer naturalistic explanations over supernaturalistic ones is a philosophical matter, not a scientific one.

Second, biological evolution presupposes (a) the emergence of the universe a finite time ago and (b) its delicately-balanced conditions for life. Without these, the process of evolution could not even get started. One could add that (c) simply because conditions are conducive to the emergence of life, this by no means guarantees that non-living matter will produce living organisms. The emergence of first life itself is a huge difficulty for the naturalist (see Bradley, Olson, and Thaxton, THE MYSTERY OF LIFE'S ORIGIN* [Philosophical Press])..

To underscore the constitutional legitimacy of ID in public education, one could make the minimalist case for bracketing the issue of biological evolution itself and first focusing specifically on a Creator and Designer as the best explanation for (a) the emergence of the universe from nothing a finite time ago and (b) the "Goldilocks effect"--that the many interlocking conditions for biological life are "just right." Even if evolution has taken place, the explanatory context of a powerful and intelligent Being makes much better sense of (a) and (b) than its naturalistic alternatives. Once these are in place, only then could evolution get going.

I heartily recommend Beckwith's refreshing, insightful book and wish it all the success it deserves.

It is "Your Daddy's Fundamentalism".......2004-06-29

Next to sex education, evolution is the most controversial school subject. This book makes the modest argument that an idea called "Intelligent Design" should be taught in public schools alongside evolution. The author sets out a framework for analysis which unfortunately leads to the opposite conclusion, failing to achieve its modest goal. I read it because it received a glowing review in the Harvard Law Review, entitled, "Not Your Daddy's Fundamanetalism."

The author's argument is that various court cases rejected creationism in public schools because it violated the First Amendment's Establishment Clause. The author argues that Intelligent Design should be treated differently. First it is not the "New Earth" creationism, which was rejected by the courts. Furthermore, attempts by various courts to define "science" fail on philosophical grounds, so there is no philosophical preference between evolution and Intelligent Design. Methodological Naturalism, the basis for evolution is not a scientific theory but a philosophical outlook no more or no less valid than Intelligent Design's outlook. The author does not conceal the fact that he objects to evolution because it "cannot account for the existence of the universe, morality rationality," and therefore it should be rejected on philosophical grounds as the overarching scientific theory of biology.

According to the author, the 1987 U.S. Supreme Court Case, Edwards v Aguillard, struck down the creationist law based on (1) the historical continuity with the famous Scopes trial and other well publicized creationist-evolutionist debates throughout the twentieth century; (2) How closely the curriculum content parallels the Genesis story or that curriculum is proscribed because it departs from Genesis; (3) the motives of the statute's supporters; and (4) Whether the statute was a legitimate means to achieve an appropriate state ends. The author attempts to argue that the analysis of these points applied to "Intelligent Design" leads to a different result.

The author's suggested framework is plausible, but when applied to the facts as recognized by the author, himself, it fails. As a general proposition, how do we determine whether any idea is to be presented to students in an elementary school science class? A list of candidates could include atomic theory, Newtonian physics, evolution, relativity, quantum mechanics, yeti, astrology, ES, geocentricism, creationism and Intelligent design. The Author makes the incorrect and novel idea that a discipline, such as science or medicine, cannot define itself. Only philosophy, not coincidentally the author's area of expertise, is qualified to sort out which of the above ideas qualify as true "science."

In McLean v Arkansas, the trial judge determined that "science" had several characteristics. Application of the McLean criteria would quickly eliminate yeti, ESP creationism and Intelligent Design from the above list, so the author suggests that "demarcation issues' prevent a trial judge from reliably distinguishing between "real science" and imposters. Beckwith especially relies on the methodology of Larry Laudan, who suggests that the demarcation is unsolvable, i.e., it is not possible or desirable to distinguish between science and non-science. Laudan however, completes the argument that Beckwith does not-Laudan holds that some ideas are demonstrably scientifically wrong. Laudan holds that it is possible to determine what those ideas are, and Intelligent Design is one of them. I don't know why the author did not refer to Laudan's specific rejection of Intelligent Design.

Amazingly, at the time he wrote the book (2002), the author conceded that there was insufficient scholarly support for Intelligent Design. (p. 43, fn. 125). Since 2002, that situation has become worse, not better, according to the author, who, as of March 2004, holds that he does not favor teaching intelligent design in public schools because of a lack of scientific documentation for the theory (http://www.moteworthy.com/archives/000242.html). This is an amazing admission in light of the myriad of footnotes citing nearly all the Intelligent Design literature as of 2002, including the collected works of Michael Behe, Philip Johnson and William Demski. At this point, Beckwith's argument has to be re-phrased to, "Is it unconstitutional to teach incorrect ideas as established science?" After all, a law may be stupid without being unconstitutional.

Although Beckwith (and Scalia) may disagree, a court is entitled to ask why on earth anyone would want to teach a subject such as intelligent design (or ESP) with no scientific evidence in support and vast amounts contradicting it. (Beckwith's analysis of evolution is cursory, incorrect and irrelevant to his argument). It is reasonable to suggest that the idea is a sham in an effort to inject religious creationism into science class. If so, then the four Edwards criteria make sense. Reference to the history of evolution /creationism debates, the religious motivations of Intelligent Design proponents, their extra-scientific comments, their refusal to address the evolution's scientific evidence and predictive powers and legislative history would all be relevant under the Edwards analysis. Applying the Edwards criteria to Intelligent Design leads to the conclusion that it is a sham and should be treated the same as all other forms of creationism.

Teaching about Intelligent Design in a philosophy, religion or history course would be a different matter entirely.

Well-written book with a modest conclusion.......2004-05-10

I've read virtually all of the law reviews written on the constitutional status of presenting alternative theories to evolution in the publics school classroom. Francis Beckwith's modest conclusion falls just slightly to the right of assessments made by other respected legal scholars like Kent Greenawalt and Jay Wexler. It is his contention that an alternative theory like Intelligent Design could probably survive an Establishment Clause challenge whereas the Genesis-based creation science presentation has not. Greenawalt and Wexler aren't sure and tend to think ID might not survive an Establishment Challenge.

As far as quality goes, the book is well-written and researched. It also display's Beckwith's strength as a philosopher as he parses arguments. The bottom line is that Beckwith offers a very modest conclusion. Intelligent Design may someday be offered as an alternative theory of origins in public school and may survive an Establishment Clause challenge largely due to its lack of allegiance to any theological tradition. The theory makes no attempt to offer an explanation of who or what provides the agency of design

Beckwith's book is a valuable contribution to the literature estimating the constitutional status of intelligent design. If a court case does arise, his book will certainly be part of the material considered.

"Don't Criticize What You Can't Understand".......2004-05-09

Too many people reviewing this book don't get it. The Daubert case flap is an illustration. Beckwith does not say whether he agrees or disagrees with Daubert. All that he is saying is that Daubert, as precedent, helps the cause of ID if a judge were to require a high level of scrutiny as to what counts as "science." However, he does point out that ID folks will likely not have to rely on Daubert because the issues they raise are found throughout the peer-review science literature (though mostly NOT raised by ID advocates) and have been published in peer-reviewed monographs, anthologies, and academic journals that deal with the philosophy of science.

Beckwith's book is a brief for the permissibility of teaching ID in public schools. As any good law student knows, a brief is not meant to critique the plausibility of the opinions it cites in support of its case. So, if Beckwith had not consulted or employed Daubert, then it would have been a bad brief.

The negative reviewers, whose motives are impure, will not tell you what I just told you. Their concern is "spin" and not accuracy.

Book Description

Despite three decades of vigorous efforts at deregulation across the government, regulation remains ubiquitous. It also continues to be unpopular because it forces individuals and businesses to do things—frequently costly and unpleasant things—that they don't want to do. If regulatory programs are to survive and remain effective, the challenge posed by their endemic unpopularity and political vulnerability must be met.

Unlike much of the existing literature on regulation, Taming Regulation begins with the assumption that the government's capacity to utilize regulation as a policy tool is vital. The book examines the questions of how to make the inherently coercive aspects of regulation more politically acceptable in the present antiregulatory environment and how the legal and administrative challenges of reform in ongoing regulatory programs might best be approached.

The authors explore these issues through a case study of administrative reform in the Superfund program. Chartered with an ambitious mission to clean up the nation's hazardous waste sites, Superfund was from its inception a uniquely aggressive and unpopular program. Yet despite the election in 1994 of a Republican Congress committed to fundamental changes in environmental regulation, the Superfund program weathered the storm and remains intact today. The authors credit this political and programmatic success to a series of artfully designed and orchestrated internal reforms that softened Superfund's implementation, thus increasing its political support while retaining its potent coercive tools.

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This digital document is a journal article from Journal of Cleaner Production, published by Elsevier in . The article is delivered in HTML format and is available in your Amazon.com Media Library immediately after purchase. You can view it with any web browser.

Description:
All mining activities in Tanzania are regulated according to the Mining Act, 1998, and associated regulations. The enactment of the 1998 mining legislation and thus the repeal of the 1979 Act was a result of the overall restructuring of the country's economy. In order to encourage the private sector to take a leading role in economic development, the Government identified priority segments of the economy, which included the mining sector. With the mining sector identified as one of the priority sectors, it was thought imperative to put in place a transparent and competitive legal and regulatory framework, an effective and conducive fiscal regime, and an environmental framework. A new Mining Act, which incorporated the mining legal and regulatory, fiscal and environmental frameworks, was enacted in August 1998. The Act was then equipped with the regulations which provide clear guidance for administration and enforcement. Since the enactment of Tanzania's new mining legislation, the mineral sector has been the fastest growing sector of the economy, which has posed numerous managerial challenges. This paper discusses the benefits of the current environmental legislation and the challenges facing the Government in meeting the demands of a rapidly expanding mining sector. The paper examines the institutional set-up, its capacity to execute tasks (financial, technical, working facilities, etc.), the roles played by related institutions in managing the mining sector, and the interaction between mining and other sectors of the economy.

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