Учебник для магистрантов

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I'm also proud of being able to play three musical instruments as well as speaking three languages (Russian, English and French). I used to speak German too but unfortunately it was long time ago and now I can hardly remember a word...

Music has always been my passion. I guess it's been in my blood from the very day I was born... It's strange but I’ve never really tried to write a melody or a song and I don't know why... Perhaps I'll do it one day.

Well, I guess that's it... Maybe I could write a little more about my achievements but that wouldn't be of great value compared to music and languagestudy...

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SUPPLEMENT

Translate the text in writing.

The Future of the Law

Law, like war, appears to be an inescapable fact of the human condition. But what is its future? The law is, of course, in a constant state of flux.

In a rapidly changing world, growth and adaption are more pressing than ever if the law is to respond adequately to the new threats as well as novel challenges it faces. The character of law has unquestionably undergone profound transformations in the last 50 years, yet its future is contentious. Some argue that the law is in its death throes, while others postulate a contrary prognosis that discerns numerous signs of law’s enduring strength.

On the other hand, though reports of the death of law have been exaggerated, there is ample evidence of the infirmity of many advanced legal systems. Symptoms include the privatization of law (settlement of cases, plea-bargaining, ADR, the spectacular rise of regulatory agencies with wide discretionary powers, and the decline of the rule of law in several countries). On the other hand, there has been a revolution in the role of law that suggests it is both resilient and robust. This transformation includes the extension of the law’s tentacles into the private domain in pursuit of efficiency, social justice, or other political goals; the globalization of law and its internationalization through United Nations, regional organizations, and the European Union; and the massive impact of technology on the law.

There are intractable questions that need to be confronted by legal systems everywhere. Among the most conspicuous is the so-called ‘war on terror’. It requires little perception to realize that in the space of less than a decade many legal systems are faced with variety of problems that test the values that lie at their heart. How can free societies reconcile a commitment to liberty with the necessity to confront threats to undermine that very foundation? Absolute security is plainly unattainable, but even moderate protection against terror comes at a price. And no airline passenger can be unware of the cost in respect of the delays and inconvenience that today’s security checks inevitably entail. But though crime can never be entirely prevented, modern technology does offer extraordinarily successful tools to deter and apprehend offenders. Closed circuit television (CCTV) cameras, for instance, are able to monitor unlawful activities, such recordings supplying prosecutors with powerful evidence in court against the filmed villain. To what extent should the law tolerate this kind of surveillance? Most people would support measures that might successfully prevent crime and, especially since 11 September 2001, acts of terrorism. Surely, a terrorist would be thwarted were a CCTV to record his (or, less likely, her) every move? Law-abiding citizens must feel safer in the knowledge that this surveillance is taking place. And why not? Polls confirm their wide support.

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Who but robber, abductor, or bomber has anything to fear from the monitoring of his or her activities in public places? Nor should it stop there. Advances in technology render the tracking of an individual’s financial transactions and email communications simple. The introduction of ‘smart’ ID cards, the use of biometrics, and electronic road pricing represent major developments in methods of surveillance. Only the malevolent could legitimately object to these effective methods of crime control.

Sports and Recreation Law

1. Read and translate the text.

Sports law refers to a specialized practice focused on legal issues pertaining to the sports industry. As with entertainment, arts, or hospitality law, sports law generally refers more to the target industry rather than a separate body of law, though there are a few unique legal issues only faced by professional sports leagues. Common sports law issues include labor law, contract issues, unfair competition and antitrust law, and torts.

Much of sports law is divided between amateur and professional sports. Amateur sports are often governed by collegiate athletic associations, like the National Collegiate Athletic Association (NCAA). The NCAA propagates various rules governing issues like ethical conduct, amateur eligibility, financial aid, recruiting, gender equity, championship events, and academic standards. Gender equality is one area of particular interest in amateur collegiate sports. While membership in the NCAA is voluntary, the NCAA has enforcement power and can introduce a series of punishments against both students athletes and member schools. These punishments even include the so-called “death penalty:” the full shut-down of a sporting activity at an offending college.

Unlike intercollegiate sports, international amateur sports are run by a variety of organizations, like the International Olympic Committee (IOC). International amateur sports can face many of the same legal issues as collegiate sports, and have had a recent spate of anti-doping issues. Often disputes between national sports organizations can become both a proxy for political issues and a flash point for international tensions.

Professional sports leagues, on the other hand, have their own unique set of legal issues. For example, the National Labor Relations Board (NLRB) acknowledged in

1967 that professional athletes have the right to form unions, or “players associations.” It is now common for these professional players associations to call for work strikes in order to apply pressure to owners, usually while negotiating salary standards for the league.

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Doping has also become an issue for professional sports in recent years. Player drug violations may lead to suspensions and loss of salary. The issues even became so pointed in the early part of the 2000's that congressional hearings occurred to investigate the widespread use of performance enhancing drugs in professional sports.

Of course, some of the most famous issues related to sports law have to do with contract negotiations. Players hire agents to represent them in negotiations of multimillion dollar player contracts, trades, promotional deals, etc. Cities negotiate for franchise rights to have a resident team. Stadiums have a stream of commercial contracts with vendors for food and merchandise. Media companies contract for broadcast rights. Obviously, there are many other types of contracts involved in sports law, as well.

In fact, there are a variety of legal matters routinely faced by members of the sports industry. In many ways, it is a general practice with a particular type of clients.

2.Give Russian equivalents to these statements.

1.Sports and Recreation Law

2.To focus on

3.“hospitality law”

4.professional sports leagues

5.amateur and professional sports

6.collegiate athletic associations

7.ethical conduct

8.amateur eligibility

9.recruiting

10.gender equity

11.“death penalty”

12.intercollegiate sports

13.unique set of legal issues

14.Player drug violations

15.Suspensions

16.performance enhancing drugs

17.vendors

3.Insert missing words from the text into the gaps.

1.Common sports law ____________include labor law, contract issues, unfair competition and _______, and torts.

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2.Gender equality is one ______of particular interest in ______ collegiate sports.

3.International amateur sports can ______many of the same legal ______ as collegiate sports, and have had a recent ______ of anti-doping issues.

4.For example, the National _______ Relations Board (NLRB) acknowledged in ______ that professional athletes have the right to form _______, or

“players associations.”

5.Doping has also become an issue _____professional sports in _______ years.

6.Of course, some of the most famous issues _______ to sports law have to do with contract _____________.

7.Cities negotiate for franchise rights to have a __________ team.

8.In many ways, it is a _________ practice with a particular type of _________.

Energy Law

1. Read and translate the text. Pay attention to the expressions in cursive.

Energy Law: An Overview

For most of American history, the federal government did not play an active role in the energy industries. (This history is often explained by the widespread belief in the unlimited supply of energy). During the Great Depression and into the years of WWII, the federal government began to establish a fragmented regulatory framework, with many agencies participating. Furthermore, the Manhattan Project to develop nuclear weapons initiated the era of nuclear regulation. However, the energy crises of the 1970s forced the federal government to consolidate its scattered regulatory framework that had developed piecemeal in the previous decades. With the creation of the Department of Energy in 1977, a national energy plan emerged for the first time. The stated purpose of federal energy laws and regulations is to provide affordable energy by sustaining competitive markets, while protecting the economic, environmental, and security interests of the United States.

Early regulation began with the Federal Power Act of 1920, which created the Federal Power Commission. Amended in 1935, and 1986, the Federal Power Act allowed a regulatory framework to develop. In 1977, The Federal Energy Regulatory Commission (FERC) was established within the newly created Department of

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Energy and assumed the functions several agencies, including the Federal Power Commission. FERC is an independent regulatory agency that oversees the natural gas, oil, and electricity markets in the U.S. FERC regulates the transmission and sale of these energies (except the sale of oil), provides licenses for hydroelectric plants, and reacts to environmental matters that arise. The Commission is headed by five presidential appointees, only three of which can be from the same political party, who serve five year terms. FERC utilizes an internal dispute resolution system, reducing the number of disputes that reach the federal courts. The nuclear power industry is regulated by the U.S. Nuclear Regulatory Commission (NRC), whose mission it is to protect the public health and safety from nuclear radiation and waste. The NRC also promotes the common defense through a regime of rulemaking, inspection, and licensing.

In recent years there has been a shift towards deregulation of various energy industries. Deregulation aims to increase market competition in order, ultimately, to serve the goal of cheap, reliable energy. The trend is most progressed in the electricity market, where in many states consumers can now choose their suppliers. To label this as 'deregulation' is somewhat of a misnomer, however, since government oversight still plays a central role. Rather, historically vertically integrated power companies are breaking apart to create competition at every step of the chain from production to consumption.

Title 42 of the U.S. Code entitled 'The Public Health and Welfare' has many chapters devoted to energy issues, as does Title 16, and Title 30 of the U.S. Code. See also Title 10 of the Code of Federal Regulations, which deals with various energy matters.

2.Give Russian equivalents to the following expressions:

1.regulatory framework

2.scattered

3.piecemeal

4.affordable

5.regulatory agency

6.environmental matters

7.to utilize

8.an internal dispute resolution system

9.a regime of rulemaking, inspection, and licensing

10.deregulation of various energy industries

11.misnomer

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3.Give the definition to the following word combinations.

Department of Energy

Federal Power Commission

The Federal Energy Regulatory Commission (FERC)

Title

4.Insert the missing words into the gaps.

1.For………….of American history, the federal government did not …………

an active role in the energy ……………..

2.With the creation of the Department of Energy in …………, a national energy plan ………………. for the first time.

3.Amended in 1935, and 1986, the Federal Power Act ……………… a regulatory framework ………………….

4.FERC regulates the …………… and sale of these energies (except the sale of oil), provides licenses for ………………… plants, and reacts to environmental matters ………….. arise.

5.The Commission is ……………….. five presidential appointees, only three of which can ……… from the same political party, who serve ……….. year terms.

6.The nuclear power industry is regulated by the U.S. …………. Regulatory Commission (NRC), whose ………….. it is to protect the public health and safety from nuclear …………..and waste.

7.The ………….. is most progressed in the electricity ……………, where in many states consumers can …………… choose their suppliers.

8.Rather, historically ………………. integrated power companies are breaking

……………….. to create competition at every step of the ……………….

from production to consumption.

Environmental Law

1. Read and translate the text. Pay attention to the expressions in cursive.

Environmental Laws in General

Environmental laws are the standards that governments establish to manage natural resources and environmental quality. The broad categories of “natural resources” and “environmental quality” include such areas as air and water pollution, forests and wildlife, hazardous waste, agricultural practices, wetlands, and landuse planning. In the United States, some of the more widely known environmental laws

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are the Clean Air Act, the Clean Water Act, the National Environmental Policy Act, and the Endangered Species Act.

The body of environmental law includes not only the text of these laws but also the regulations that implement and the judicial decisions that interpret this legislation. In general, the standards set forth in environmental laws can apply to either private parties or the government. The Clean Air and Clean Water Acts, for example, are frequently used to regulate the polluting activities of private enterprises. These laws mandate certain pollution-reducing technology or limit the levels of pollution for power plants and factories. The National Environmental Policy Act (NEPA) applies only to the actions of the U.S. government. NEPA requires that the federal government undertake a comprehensive environmental impact assessment before it can proceed with projects that are likely to harm the environment.

Distinguishing National Law from International Law

To understand the nature of international environmental law, one must first understand the difference between national and international law. National law is law that is adopted by the government of an individual country. In the United States, the most common examples of national law are federal and state legislation and judicial decisions. Agency regulations and executive orders would also fall within this category. Although these national laws are adopted by an individual country, they may have international impacts. A foreign manufacturer whose defective product injures a person living in the United States may be held liable for resulting damages under U.S. law. The U.S. Corrupt Practices Act prevents a U.S. corporate executive from bribing a foreign government official.

While these laws affect international activities and non-national parties, they are generally not considered international law. Rather, they are considered extraterritorial applications of national law. International law, on the other hand, concerns agreements among different nations, or between citizens or corporations of different nations. Agreements or treaties among different nations are generally referred to as public international law. Contracts between private parties (corporations or citizens) residing in different nations are generally referred to as private international law. Because the field of international environmental law focuses on the relations and agreements among nations, it is part of public international law.

Distinguishing between Hard and Soft International Law

A distinction is often made between hard and soft international law. Hard international law generally refers to agreements or principles that are directly enforceable by a national or international body. Soft international law refers to agreements or principles that are meant to influence individual nations to respect certain norms or incorporate them into national law. Soft international law by itself is not enforceable. It serves to articulate standards widely shared, or aspired to, by nations. Similar parallels can be found at the national level. Often an official, a legislative body, or an agency will announce a new public policy or priority. In this

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announcement, or proclamation, there are often pledges to incorporate this new policy or priority into specific legal provisions.

While the announcement itself is not enforceable in court, it nonetheless can have a powerful influence on the development and implementation of specific legal provisions. Private international law generally concerns business transactions between citizens or corporations of different countries. Because most of the rules governing these private transactions are enforceable in the courts of the concerned countries, these rules are usually deemed hard international law. Most of international environmental law, however, concerns general principles agreed upon among nations. Although these principles sometimes oblige countries to adopt implementing legislation, they are not usually enforceable on their own in court.

The soft status of international environmental law, and most international law, is a result of concerns over sovereignty. Nations are generally reluctant to surrender control over their territory, peoples, and affairs to external international authorities. Even when nations have joined in international agreements, many of them have added reservations to preserve their right to decline to be bound by particular parts of the agreement. The exercise of this power weakens the total effectiveness of many international agreements.

2.Give Russian equivalents to the following expressions:

1.to manage natural resources

2.environmental quality

3.forests and wildlife

4.hazardous waste

5.agricultural practices

6.wetlands

7.landuse planning

8.set forth

9.the polluting activities of private enterprises

10.mandate certain pollution-reducing technology

11.power plants

12.undertake a comprehensive assessment

13.to harm the environment

14.Agency regulations and executive orders

15.have international impacts

16.corporate executive

17.international activities

18.non-national parties

19.extraterritorial applications of national law

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20.hard and soft international law

21.to be aspired to

22.pledges

23.the development and implementation of specific legal provisions

24.oblige countries to adopt implementing legislation

25.concerns over sovereignty

26.to be reluctant to surrender control

27.to preserve their right to decline to be bound by particular parts of the agreement

28.to weaken the total effectiveness of many international agreements

3.Give the definitions to the Acts.

the Clean Air Act

the Clean Water Act

the National Environmental Policy Act

the Endangered Species Act

The U.S. Corrupt Practices Act

4.Insert the missing words from the text into the gaps.

1.The body of environmental law ………… not only the text of these laws but also the regulations that implement and the………. that interpret this legislation.

2.In general, the standards set forth in environmental laws can ……….. to either private parties or the……………..

3.To understand ………….. of international environmental law, one must first understand …………… between national and international law.

4.Agreements or treaties among different nations are …………… referred to as public international law.

5.Hard international law generally……………… agreements or principles that are directly …………….. by a national or international body.

6.Often an official, ……………. , or an agency will ……………. a new public policy or priority.

7.Because most of the rules ………………….. these private transactions are enforceable in the …………. of the concerned countries, these ……….. are usually deemed hard international law.