Parte Geral 2005

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2006

Author : Petar Sarcevic
Publisher : Walter de Gruyter
ISBN 13 : 3866537190
Total Pages : 479 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis 2006 by : Petar Sarcevic

Download or read book 2006 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the “conflict process” is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.

Law, Reason and Emotion

Author : Mortimer Sellers (org.)
Publisher : Initia Via Editora
ISBN 13 : 8595470316
Total Pages : 1217 pages
Book Rating : 4.5/5 (954 download)

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Book Synopsis Law, Reason and Emotion by : Mortimer Sellers (org.)

Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora

The Impact of Corruption on International Commercial Contracts

Author : Michael Joachim Bonell
Publisher : Springer
ISBN 13 : 3319190547
Total Pages : 454 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell

Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Contractualisation of Family Law - Global Perspectives

Author : Frederik Swennen
Publisher : Springer
ISBN 13 : 3319172298
Total Pages : 375 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Contractualisation of Family Law - Global Perspectives by : Frederik Swennen

Download or read book Contractualisation of Family Law - Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

Money Laundering Through Art

Author : Fausto Martin De Sanctis
Publisher : Springer Science & Business Media
ISBN 13 : 3319001736
Total Pages : 225 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Money Laundering Through Art by : Fausto Martin De Sanctis

Download or read book Money Laundering Through Art written by Fausto Martin De Sanctis and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.

Revolutionizing the Interaction between State and Citizens through Digital Communications

Author : Edwards III, Sam B.
Publisher : IGI Global
ISBN 13 : 146666293X
Total Pages : 354 pages
Book Rating : 4.4/5 (666 download)

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Book Synopsis Revolutionizing the Interaction between State and Citizens through Digital Communications by : Edwards III, Sam B.

Download or read book Revolutionizing the Interaction between State and Citizens through Digital Communications written by Edwards III, Sam B. and published by IGI Global. This book was released on 2014-07-31 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Networked communication technologies have drastically changed the relationship between States and their citizens. This fundamental shift has eased civilians ability to access information and organize groups like never before, creating the need to re-examine existing theories. Revolutionizing the Interaction between State and Citizens through Digital Communications evaluates the relationship between governments and their constituents, and how this relationship is impacted by emerging technologies. Discussing both developed and underdeveloped nations, this book provides a comparison for the ongoing shift in societies, serving as a critical reference for legal professionals, activists, government employees, academics, and students.

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 3650 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Contract Law in Brazil

Author : Lisiane Feiten Wingert Ody
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403533110
Total Pages : 230 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in Brazil by : Lisiane Feiten Wingert Ody

Download or read book Contract Law in Brazil written by Lisiane Feiten Wingert Ody and published by Kluwer Law International B.V.. This book was released on 2021-05-20 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Brazil covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

Property and Trust Law in Portugal

Author : Sandra Passinhas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517913
Total Pages : 253 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Property and Trust Law in Portugal by : Sandra Passinhas

Download or read book Property and Trust Law in Portugal written by Sandra Passinhas and published by Kluwer Law International B.V.. This book was released on 2019-11-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Portugal deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Portugal will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

La dimension sociale du droit international privé

Author : A. Bucher
Publisher : BRILL
ISBN 13 : 9004249923
Total Pages : 552 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La dimension sociale du droit international privé by : A. Bucher

Download or read book La dimension sociale du droit international privé written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.

Non-contractual Liability Arising Out of Damage Caused to Another

Author : Christian von Bar
Publisher : sellier. european law publ.
ISBN 13 : 3935808631
Total Pages : 1441 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Non-contractual Liability Arising Out of Damage Caused to Another by : Christian von Bar

Download or read book Non-contractual Liability Arising Out of Damage Caused to Another written by Christian von Bar and published by sellier. european law publ.. This book was released on 2009 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts

Download The Draft Common Frame of Reference as a

Author : Marta Santos Silva
Publisher : Springer
ISBN 13 : 3319529234
Total Pages : 295 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts by : Marta Santos Silva

Download or read book The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Social Innovation, the Social Economy and World Economic Development

Author : Denis Harrisson
Publisher : Peter Lang
ISBN 13 : 9783631585627
Total Pages : 488 pages
Book Rating : 4.5/5 (856 download)

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Book Synopsis Social Innovation, the Social Economy and World Economic Development by : Denis Harrisson

Download or read book Social Innovation, the Social Economy and World Economic Development written by Denis Harrisson and published by Peter Lang. This book was released on 2009 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of work and labour is in a permanent transformation affecting the various social groups in the different parts of the world quite unequally. Social innovations, related to the idea of economic progress and well-being, tackle the problems of employment leading to social exclusion and poverty as a consequence of the extreme positioning in favour of economic performance. An alternative economy complements the deficiency of both the market and the State. This volume presents contributions from scholars coming from different continents, about Social Economy, Labour Rights, corporate Social Responsibility, Social Regulations and Public Policies. Social innovations have huge impacts on national and regional economies as their sources come from the citizen. Many initiatives presented in this volume are a social response by civil society to poverty, precarious employment, job losses, long term unemployment, delocalisation and de-industrialisation.

2004

Author : Petar Sarcevic
Publisher : Walter de Gruyter
ISBN 13 : 3866537174
Total Pages : 413 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis 2004 by : Petar Sarcevic

Download or read book 2004 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Jürgen Basedow, Jan von Hein, Dorothee Janzen, Hans-Jürgen Puttfarken, François Dessemontet, Tito Ballarino, Benedetta Ubertazzi, Willibald Posch, Roberto Baratta and Luigi Fumagalli, national reports from Spain, Poland and Israel, news from The Hague as well as texts, materials and recent developments.

Yearbook of Private International Law

Author : Petar Sarcevic
Publisher : sellier. european law publ.
ISBN 13 : 3935808364
Total Pages : 413 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Yearbook of Private International Law by : Petar Sarcevic

Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2005-07-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law (PIL) developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation on conflict of laws in torts, as well as an analysis of the Avello decision, which could create a new framework for the development of PIL in Europe. Additional articles focus on the national conflict systems of some European states. An important comparative study discusses the treatment of foreign tax laws and judgments in four major European countriesâ??United Kingdom, Germany, France, and Italy. The actual and controversial issue of registered partnership is discussed from the perspective of Spanish law. Additionally, an English translation of the latest national PIL codificationâ??the recent Belgian Codeâ??is included.

JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional

Author : Renata Furtado de Barros
Publisher : Lulu.com
ISBN 13 : 1300495987
Total Pages : 501 pages
Book Rating : 4.3/5 (4 download)

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Book Synopsis JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by : Renata Furtado de Barros

Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.

Football, Gambling, and Money Laundering

Author : Fausto Martin De Sanctis
Publisher : Springer
ISBN 13 : 3319056093
Total Pages : 179 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Football, Gambling, and Money Laundering by : Fausto Martin De Sanctis

Download or read book Football, Gambling, and Money Laundering written by Fausto Martin De Sanctis and published by Springer. This book was released on 2014-05-05 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional football means many things to many people. For players, a means to possible fame and fortune. For fans, a source of local or national pride, and perhaps the chance to score with a few bets. For criminal organizations, a cover for making millions in corrupt enterprises. In the world of gambling this is no different. Football, Gambling, and Money Laundering describes in impressive detail the scope of the problem, the layers of denial that allow sports-related financial crime to flourish, and the steps that are being taken--and that need to be taken--to combat illicit operations in the sports world. Expert analysis explains criminal activity in the context of football, and how sports governing bodies, the media, and others have created a culture that regularly turns a blind eye. International data and instructive legal case examples shed light on the role of the Internet in the spread of gambling and money laundering as well as the strengths and weaknesses of current law enforcement, legislative, and sports-based efforts in fighting corruption. Included in the coverage: • Criminal activity in the sports world • Financial crime and exploitation in football and gambling • Legal wagering and illegal betting, including online • Illegal and disguised payment instruments used by organized crime • International legal cooperation in combating money laundering • National and international proposals for improving the sports and gambling industries to prevent money laundering An authoritative reference to a growing and wide-reaching concern, Football, Gambling,and Money Laundering will find an interested audience among academics, prosecutors, judges, law enforcement officials, and others involved in efforts to curb corruption and money laundering in the world of football.