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Author: David Scorey Publisher: Oxford University Press, USA ISBN: 9780198754404 Category : Law Languages : en Pages : 592
Book Description
Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.
Author: David Scorey Publisher: Oxford University Press, USA ISBN: 9780198754404 Category : Law Languages : en Pages : 592
Book Description
Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.
Author: Richard Jacobs QC Publisher: Hart Publishing ISBN: 9781841138756 Category : Law Languages : en Pages : 414
Book Description
JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '...deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration...The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC
Author: Christopher Alexander Publisher: Harvard University Press ISBN: 9780674627512 Category : Architecture Languages : en Pages : 228
Book Description
"These notes are about the process of design: the process of inventing things which display new physical order, organization, form, in response to function." This book, opening with these words, presents an entirely new theory of the process of design. In the first part of the book, Christopher Alexander discusses the process by which a form is adapted to the context of human needs and demands that has called it into being. He shows that such an adaptive process will be successful only if it proceeds piecemeal instead of all at once. It is for this reason that forms from traditional un-self-conscious cultures, molded not by designers but by the slow pattern of changes within tradition, are so beautifully organized and adapted. When the designer, in our own self-conscious culture, is called on to create a form that is adapted to its context he is unsuccessful, because the preconceived categories out of which he builds his picture of the problem do not correspond to the inherent components of the problem, and therefore lead only to the arbitrariness, willfulness, and lack of understanding which plague the design of modern buildings and modern cities. In the second part, Mr. Alexander presents a method by which the designer may bring his full creative imagination into play, and yet avoid the traps of irrelevant preconception. He shows that, whenever a problem is stated, it is possible to ignore existing concepts and to create new concepts, out of the structure of the problem itself, which do correspond correctly to what he calls the subsystems of the adaptive process. By treating each of these subsystems as a separate subproblem, the designer can translate the new concepts into form. The form, because of the process, will be well-adapted to its context, non-arbitrary, and correct. The mathematics underlying this method, based mainly on set theory, is fully developed in a long appendix. Another appendix demonstrates the application of the method to the design of an Indian village.
Author: Elizabeth Gehrman Publisher: Beacon Press ISBN: 0807010782 Category : Nature Languages : en Pages : 257
Book Description
The inspiring story of David Wingate, a living legend among birders, who brought the Bermuda petrel back from presumed extinction Rare Birds is a tale of obsession, of hope, of fighting for redemption against incredible odds. It is the story of how Bermuda’s David Wingate changed the world—or at least a little slice of it—despite the many voices telling him he was crazy to try. This tiny island in the middle of the North Atlantic was once the breeding ground for millions of Bermuda petrels. Also known as cahows, the graceful and acrobatic birds fly almost nonstop most of their lives, drinking seawater and sleeping on the wing. But shortly after humans arrived here, more than three centuries ago, the cahows had vanished, eaten into extinction by the country’s first settlers. Then, in the early 1900s, tantalizing hints of the cahows’ continued existence began to emerge. In 1951, an American ornithologist and a Bermudian naturalist mounted a last-ditch effort to find the birds that had come to seem little more than a legend, bringing a teenage Wingate—already a noted birder—along for the ride. When the stunned scientists pulled a blinking, docile cahow from deep within a rocky cliffside, it made headlines around the world—and told Wingate what he was put on this earth to do. Starting with just seven nesting pairs of the birds, Wingate would devote his life to giving the cahows the chance they needed in their centuries-long struggle for survival — battling hurricanes, invasive species, DDT, the American military, and personal tragedy along the way. It took six decades of obsessive dedication, but the cahow, still among the rarest of seabirds, has reached the hundred-pair mark and continues its nail-biting climb to repopulation. And Wingate has seen his dream fulfilled as the birds returned to Nonsuch, an island habitat he hand-restored for them plant-by-plant in anticipation of this day. His passion for resuscitating this “Lazarus species” has made him an icon among birders, and his story is an inspiring celebration of the resilience of nature, the power of persistence, and the value of going your own way.
Author: Georg Lukács Publisher: Columbia University Press ISBN: 0231520697 Category : Philosophy Languages : en Pages : 390
Book Description
György Lukacs was a Hungarian Marxist philosopher, writer, and literary critic who shaped mainstream European Communist thought. Soul and Form was his first book, published in 1910, and it established his reputation, treating questions of linguistic expressivity and literary style in the works of Plato, Kierkegaard, Novalis, Sterne, and others. By isolating the formal techniques these thinkers developed, Lukács laid the groundwork for his later work in Marxist aesthetics, a field that introduced the historical and political implications of text. For this centennial edition, John T. Sanders and Katie Terezakis add a dialogue entitled "On Poverty of Spirit," which Lukács wrote at the time of Soul and Form, and an introduction by Judith Butler, which compares Lukács's key claims to his later work and subsequent movements in literary theory and criticism. In an afterword, Terezakis continues to trace the Lukácsian system within his writing and other fields. These essays explore problems of alienation and isolation and the curative quality of aesthetic form, which communicates both individuality and a shared human condition. They investigate the elements that give rise to form, the history that form implies, and the historicity that form embodies. Taken together, they showcase the breakdown, in modern times, of an objective aesthetics, and the rise of a new art born from lived experience.
Author: Eino K. Nurminen Publisher: Your Face Tells All ISBN: 1929956142 Category : Fiction Languages : en Pages : 139
Book Description
A selection of fictional stories many based on the life experiences of the author, Eino K. Nurminen, who moved from his native Finland to Los Angeles, California in 1963.
Author: Erica Chenoweth Publisher: Columbia University Press ISBN: 0231527489 Category : Political Science Languages : en Pages : 451
Book Description
For more than a century, from 1900 to 2006, campaigns of nonviolent resistance were more than twice as effective as their violent counterparts in achieving their stated goals. By attracting impressive support from citizens, whose activism takes the form of protests, boycotts, civil disobedience, and other forms of nonviolent noncooperation, these efforts help separate regimes from their main sources of power and produce remarkable results, even in Iran, Burma, the Philippines, and the Palestinian Territories. Combining statistical analysis with case studies of specific countries and territories, Erica Chenoweth and Maria J. Stephan detail the factors enabling such campaigns to succeed and, sometimes, causing them to fail. They find that nonviolent resistance presents fewer obstacles to moral and physical involvement and commitment, and that higher levels of participation contribute to enhanced resilience, greater opportunities for tactical innovation and civic disruption (and therefore less incentive for a regime to maintain its status quo), and shifts in loyalty among opponents' erstwhile supporters, including members of the military establishment. Chenoweth and Stephan conclude that successful nonviolent resistance ushers in more durable and internally peaceful democracies, which are less likely to regress into civil war. Presenting a rich, evidentiary argument, they originally and systematically compare violent and nonviolent outcomes in different historical periods and geographical contexts, debunking the myth that violence occurs because of structural and environmental factors and that it is necessary to achieve certain political goals. Instead, the authors discover, violent insurgency is rarely justifiable on strategic grounds.
Author: Hillary L. Chute Publisher: Harvard University Press ISBN: 0674495667 Category : Literary Criticism Languages : en Pages : 372
Book Description
In hard-hitting accounts of Auschwitz, Bosnia, Palestine, and Hiroshima’s Ground Zero, comics display a stunning capacity to bear witness to trauma. Investigating how hand-drawn comics has come of age as a serious medium for engaging history, Disaster Drawn explores the ways graphic narratives by diverse artists, including Jacques Callot, Francisco Goya, Keiji Nakazawa, Art Spiegelman, and Joe Sacco, document the disasters of war. Hillary L. Chute traces how comics inherited graphic print traditions and innovations from the seventeenth century and later, pointing out that at every turn new forms of visual-verbal representation have arisen in response to the turmoil of war. Modern nonfiction comics emerged from the shattering experience of World War II, developing in the 1970s with Art Spiegelman’s first “Maus” story about his immigrant family’s survival of Nazi death camps and with Hiroshima survivor Keiji Nakazawa’s inaugural work of “atomic bomb manga,” the comic book Ore Wa Mita (“I Saw It”)—a title that alludes to Goya’s famous Disasters of War etchings. Chute explains how the form of comics—its collection of frames—lends itself to historical narrative. By interlacing multiple temporalities over the space of the page or panel, comics can place pressure on conventional notions of causality. Aggregating and accumulating frames of information, comics calls attention to itself as evidence. Disaster Drawn demonstrates why, even in the era of photography and film, people understand hand-drawn images to be among the most powerful forms of historical witness.
Author: Aarthi Vadde Publisher: Columbia University Press ISBN: 0231542569 Category : Literary Criticism Languages : en Pages : 316
Book Description
In the years following World War I, the “international” emerged as a distinct scale of political and cultural focus. Internationalisms proliferated in kind as writers and thinkers sought to imagine modes of cooperation that would balance transnational solidarities with national sovereignty. While so-called political realists across the twentieth century have regarded such attempts as wishful thinking, Aarthi Vadde argues that the negotiation of wishing and thinking is at the very heart of internationalism. In Chimeras of Form, she shows why modernist literary form is essential to understanding the aspirational and analytical force of internationalism in and beyond Europe. Major writers such as Rabindranath Tagore, James Joyce, Claude McKay, George Lamming, Michael Ondaatje, and Zadie Smith use modernist strategies to reshape how readers think about the cohesion and interrelation of political communities in the wake of empire. Vadde lucidly explains how their formal experiments with the novel, short story, poetry, and political essay contribute to and sometimes even anticipate debates in postcolonial theory and cosmopolitanism. She reads Joyce’s use of asymmetrical narratives as a way to ask questions about international camaraderie, and demonstrates how the “plotless” works of McKay and Lamming upturn ideas of citizenship and diasporic alienation. Her analysis of twenty-first-century writers Smith and Shailja Patel shows how ongoing conflicts around migration, displacement, and global economic inequality link modernist, postcolonial, and contemporary traditions of literature. Vadde brings these traditions together to reveal the dual nature of internationalism as an ambition, possibly a chimeric one, and an actual political discourse vital to understanding our present moment.
Author: Timothy Bewes Publisher: Columbia University Press ISBN: 0231549474 Category : Literary Criticism Languages : en Pages : 203
Book Description
Everywhere today, we are urged to “connect.” Literary critics celebrate a new “honesty” in contemporary fiction or call for a return to “realism.” Yet such rhetoric is strikingly reminiscent of earlier theorizations. Two of the most famous injunctions of twentieth-century writing—E. M. Forster’s “Only connect . . .” and Fredric Jameson’s “Always historicize!”—helped establish connection as the purpose of the novel and its reconstruction as the task of criticism. But what if connection was not the novel’s modus operandi but the defining aesthetic ideology of our era—and its most monetizable commodity? What kind of thought is left for the novel when all ideas are acceptable as long as they can be fitted to a consumer profile? This book develops a new theory of the novel for the twenty-first century. In the works of writers such as J. M. Coetzee, Rachel Cusk, James Kelman, W. G. Sebald, and Zadie Smith, Timothy Bewes identifies a mode of thought that he calls “free indirect,” in which the novel’s refusal of prevailing ideologies can be found. It is not situated in a character or a narrator and does not take a subjective or perceptual form. Far from heralding the arrival of a new literary genre, this development represents the rediscovery of a quality that has been largely ignored by theorists: thought at the limits of form. Free Indirect contends that this self-awakening of contemporary fiction represents the most promising solution to the problem of thought today.
Author: David Scorey
Author: David Scorey
Author: Richard Jacobs QC
Author: Christopher Alexander
Author: Elizabeth Gehrman
Author: Georg Lukács
Author: Eino K. Nurminen
Author: Erica Chenoweth
Author: Hillary L. Chute
Author: Aarthi Vadde
Author: Timothy Bewes