This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.

Statistics for Lawyers is designed to introduce law students, law teachers, practitioners, and judges to the basic ideas of mathematical probability and statistics as they have been applied in the law. The book consists of sections of exposition followed by real-world cases and case studies in which statistical data have played a role. The reader is asked to apply the theory to the facts, to calculate results (a hand calculator is sufficient), and to explore legal issues raised by quantitative findings. The authors' calculations and comments are given in the back of the book. The cases and case studies reflect a broad variety of legal subjects, including antidiscrimination, mass torts, taxation, school finance, identification evidence, preventive detention, handwriting disputes, voting, environmental protection, antitrust, and the death penalty. The first edition of Statistics for Lawyers, which appeared in 1990, has been used in law, statistics, and social science courses. In 1991 it was selected by the University of Michigan Law Review as one of the important law books of the year. This second edition includes many new problems reflecting current developments in the law, including a new chapter on epidemiology. Michael O. Finkelstein is a practicing lawyer in New York City. He has been a member of the adjunct faculty of Columbia University Law School since 1967, teaching Statistics for Lawyers, and has also taught at Harvard, New York University, and Yale Law Schools. He is the author of a book of essays, Quantitative Methods in Law, and numerous law review articles on the applications of statistics in law. He frequently consults and testifies in litigated matters. Bruce Levin is a professor at the Joseph L. Mailman School of Public Health of Columbia University in the Division of Biostatistics. He is the Consulting Editor for Statistics for the American Journal of Public Health, participates in clinical trials, and is the author of numerous articles on the subject of biostatistics. He has consulted and testified as an expert in many law cases involving statistical issues.

The expansion of world trade has brought with it an explosive growth in counterfeit merchandise. Estimates put the world total for counterfeit products at about one half trillion dollars annually, although it is impossible to accurately determine the true size of the counterfeit market. What is known is that this illicit trade has infected nearly every industry from pharmaceuticals to aircraft parts. Software and music piracy are easy targets widely reported in the media. In 2007, the Business Software Alliance (BSA) estimated that 38% of personal computer software installed worldwide was illegal and the losses to the software industry were $48 billion worldwide. The Recording Industry Association of America (RIAA) reported a 58% increase in the seizures of counterfeit CDs. Overall, a wide range of industries agree that there is a severe problem with the protection of intellectual property rights (IPR) throughout the world, yet there have been virtually no attempts to describe all aspects of the problem. This work aims to give the most complete description of various characteristics of the IPR environment in a global context. We believe a holistic understanding of the problem must include consumer complicity to purchase counterfeit products, tactics of the counterfeiters (pirates) as well as actions (or inaction) by home and host governments, and the role of international organizations and industry alliances. This book establishes the full environmental aspects of piracy, describes successful anti-counterfeiting actions and then prescribes measures IPR owners should take to protect their intellectual property.

The current corporate social responsibility debate on the ethical, social and ecological significance and responsibility of companies are significantly determined by two central concepts - sustainable development and shareholder value. One idea that contains both concepts is that of the socially responsible investment. How socially responsible investment works, how it is legally classified, and which regulations build the framework that allows and limits socially responsible investment are described in detail in this work.

A liner conference, as a self-regulation organisational form of liner shipping companies, constitutes a typical "hard-core cartel" with significant anti-competitive effect. One of the main three trade routes of liner shipping traffic is the Europe-Asia Trade, on the two ends of which both the European Community (EC) and the People's Republic of China (PRC) play important roles in the international liner shipping market. However, the competition regimes on liner conferences in both jurisdictions are not equivalent. From a comparative point of view, this book reviews the historical development of maritime policy and regulatory legislation in the EC and the PRC, catches insight into the system of regulation regime and individual provisions in substantive and procedural meaning, and finally provides a wide-ranging perspective on the future competition regulation in respect of the latest developments in both jurisdictions.

This book offers concise, digestible and relevant legal advice to help ensure an outsourcing deal delivers on its promise. It also provides a checklist for companies to ensure critical factors are adequately addressed within their contract with the service provider.

Ido Baum explores the professional testimonial privileges of attorneys, accountants, and journalists in the United States, England, and Germany. The author provides new insights into the internal effects of the corporate lawyer-client privilege on corporate decision making. Finally, he presents the first model-based efficiency comparison of the American and English rules regarding the revelation of confidential media sources.

The separation of the ownership from control of a company is a hallmark of many large UK companies, and has been so for nearly a century. Much contemporary debate over corporate governance assumes that this separation is the norm. However, quoted companies are much less common outside the UK and quoted companies in other jurisdictions often have one dominant shareholder, rather than being widely held.
In this book, Brian Cheffins explores the historical foundations of the separation of ownership and control, asking how the widely held company came to prominence and why it has endured in the UK. He synthesizes existing theories on the evolution of ownership and control in the UK and assesses the extent to which they need to be revised in the light of new historical evidence. He provides the first systematic analysis of why and how the UK stock market came to be dominated by institutional shareholders and illustrates the development of key similarities and differences between the UK and US systems through comparative discussions.
Being a blockholder in a large and successful business can provide the private benefits of control and the power associated with being a business leader, so why did those who traditionally owned large blocks of shares want to exit? Leaving one's savings in the hands of managers over whom one has no control seems foolish. Why were investors willing to buy the shares that the blockholders wanted to sell as ownership separated from control, and why have they continued to buy? As ownership separated from control in UK public companies, those who bought shares (including institutional shareholders, who had sufficient fiscal power to take a hands-on role withpublic companies) rarely sought to exercise control over management. Why was this? Even though the widely held company has been a key part of British capitalism for nearly a century, a series of prominent public-to-private deals carried out by private equity buyers mean that this trend may not necessarily continue. The concluding chapter of this book draws on the analytical framework used throughout to assess the possible future of the widely held company in the UK.

America's culture is moving in a new and dangerous direction, as it becomes more accepting and tolerant of dishonesty and financial abuse. Tamar Frankel argues that this phenomenon is not new; in fact it has a specific traceable past. During the past thirty years temptations and opportunities to defraud have risen; legal, moral and theoretical barriers to abuse of trust have fallen. She goes on to suggest that fraud and the abuse of trust could have a widespread impact on American economy and prosperity, and argues that the way to counter this disturbing trend is to reverse the culture of business dishonesty. Finally, she presents the following thesis: If Americans have had enough of financial abuse, they can demand of their leaders, of themselves, and of each other more honesty and trust and less cynicism. Americans can reject the actions, attitudes, theories and assumptions that brought us the corporate scandals of the 1990s. Though American society can have "bad apples," and its constituents hold differing opinions about the precise meaning of trust and truth, it can remain honest, as long as it aspires to honesty.

Future Challenges for the Port and Shipping Sector discusses the issues that most influence the future of the maritime and port industries. The topics covered include: maritime trade, future trade flows, evolutions in international trade, shipping capacity and demand, developments in ship construction and their economic consequences. The book also covers future developments in ports (technology and economics), the future role of port authorities (the role of national and international public authorities, as well as cooperation between ports), the future development in ports (hinterland transportation, landslide handling, and financial developments), financial developments (alternative financing of investments, hedging operations, mergers and cooperation, and capital markets).

The ways in which law has interacted with concrete interests to reshape Japan's foreign trade politics at the start of the twenty-first century can best be characterized as aggressive legalism. Central to this transformation have been the beneficiaries of this ever more aggressive legalism--Japan's trade-dominant industries with visible stakes in the international economic system. Today, thanks to painstaking and concerted efforts, Japan's aggressive legalism has shifted well beyond its origins in the WTO, and is now not confined to any one multilateral, regional, or bilateral forum. Nor is its thrust limited only to the issues covered in this book, namely, antidumping, safeguards, intellectual property, or investment concerns in FTA diplomacy. Its target is not only the United States, but also rapidly rising new Asian competitors like China; not only foreign governments, but also foreign sectors--even down to specific companies. In the shifting landscape of global and regional realities, aggressive legalism has emerged as the single most cohesive and unquestionably legitimate attempt by Japanese actors to structure favorable outcomes in international trade.

The ways in which law has interacted with concrete interests to reshape Japan's foreign trade politics at the start of the twenty-first century can best be characterized as aggressive legalism. Central to this transformation have been the beneficiaries of this ever more aggressive legalism--Japan's trade-dominant industries with visible stakes in the international economic system. Today, thanks to painstaking and concerted efforts, Japan's aggressive legalism has shifted well beyond its origins in the WTO, and is now not confined to any one multilateral, regional, or bilateral forum. Nor is its thrust limited only to the issues covered in this book, namely, antidumping, safeguards, intellectual property, or investment concerns in FTA diplomacy. Its target is not only the United States, but also rapidly rising new Asian competitors like China; not only foreign governments, but also foreign sectors--even down to specific companies. In the shifting landscape of global and regional realities, aggressive legalism has emerged as the single most cohesive and unquestionably legitimate attempt by Japanese actors to structure favorable outcomes in international trade.

Warum und unter welchen Voraussetzungen soll die Rechtsordnung technischen und kreativen Leistungen Schutz gewahren? Wie wirken sich rechtliche Schutzinstrumente auf den Zugang zu Wissen als grundlegender Triebkraft von Innovation, Kreativitat und technischem Fortschritt aus? Die Antworten auf diese Fragen nach dem Zweck und den Wirkungen des Schutzes von Immaterialgutern uberspannen zunachst samtliche Disziplinen der Rechtswissenschaft. Nur im Dialog der Disziplinen lasst sich die gesellschaftspolitische Funktion des Immaterialguterrechts ermitteln. Der vorliegende Band wirft aktuelle Schlaglichter auf einzelne Aspekte dieser diskursiven, interdisziplinaren Suche nach Antworten."

Written by a member of the FIDIC President's List of Adjudicators, this detailed and critical commentary on the FIDIC Red Book provides authoritative guidance and recommendations for best practice. Focusing on each Clause of the Condition of Contract, this book identifies pitfalls and logistics issues associated with its enforcement and ancillary processes, to give readers an advantage when operating with the FIDIC Red Book. Intended to promote the best use and growth of FIDIC, this guide will be essential for all users of the FIDIC Red Book, be they contractors, lawyers, engineers, students training to join these industries or any professional involved in the resolution of disputes involving the FIDIC Red Book.

Available for the first time in one easy-to-read printed volume, The Commercial Court Guide contains all materials needed when appearing in the Commercial Court or the Admiralty Court. Compiled by an eminent team of judges, it is an indispensable tool for users of those courts.

It is fairly easy for a Finnish Jurist to understand German Company law. On the other hand, UK Company law seems very confusing. What is even more confusing is that the UK corporate govemance model is often regarded as one of the best in the World. Clearly German law cannot be as bad as it is often said to be. This books results from these kinds of thoughts and an interest in comparative law, Company law and securities markets law. I wanted to find out whether the functional method would give anything new to say about the regulation of corpo rate govemance in Germany and the UK. As I have been lecturing on Company law and corporate govemance myself, I also wanted to write a book that I could use as a textbook in my courses. For this reason, I focused on one of the key questions in corporate govemance: the regula tion of shareholder activism."

The free movement of capital and payments within the EU and between the EU and third countries is an essential component in establishing the internal market in financial services. This work provides an expert and practical analysis of the Treaty framework governing free movement of capital and payments, covering the definition of capital payments, the prohibition of restrictions on free movement, together with the permitted exceptions, derogations and safeguard measures. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf. The provisions are considered in the context of other EU Treaty provisions and the international environment. The author also addresses the increasingly complex EU framework for combating money laundering.

This sweeping, comparative study of taxation in the United States and Australia shows that even as governments in the Western world have become increasingly sophisticated tax collectors, a competitive and ruthless market in advice on tax avoidance has developed. The same competitive forces in the late twentieth century which have driven down prices and sparked efficiencies in the production of fast food or computer parts have helped stimulate the markets for "bads" like tax shelters and problem gambling. Braithwaite draws the surprising conclusion that effective regulation could actually flip markets in vice to markets of virtue. Essential reading for anyone involved in policy, governance, and regulation, Markets in Vice, Markets in Virtue provides a blueprint for restoring the equity of Western tax systems and a breakthrough theory of how regulators can support markets in virtue and curtail markets in vice.

Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-a-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

Allgemeine Geschaftsbedingungen und Standardvertrage fur Unternehmen" beschaftigt sich mit der Rolle der Allgemeinen Geschaftsbedingungen im Unternehmensalltag sowie der restriktiven Inhaltskontrolle von Vertragen durch Recht und Gerichte. Auf dieser Basis wird ein an der Abwagung von Nutzen und Risiken orientierter Weg zum Umgang mit rechtlichen Erschwernissen des Geschaftsverkehrs beim Einsatz standardisierter Formulierungen gesucht. Im Vordergrund steht die einfache Erkenntnis, dass Allgemeine Geschaftsbedingungen nicht primar fur Gerichte gemacht werden. Sie sind Geschafts-, nicht Gerichtsbedingungen. Das Buch will helfen, dieser Prioritat folgend mit ihnen umzugehen.

Die Struktur orientiert sich an europaischen und deutschen Rechtssatzen, stellt aber auch die tragenden Entscheidungen hoher Gerichte zu einzelnen Klauseln dar. Moglich ist das gezielte Nachschlagen von Einzelproblemen ebenso wie die systematische Recherche."

EU services law is an emerging area of scholarship of great practical importance. This book is the first major contribution to the analysis and the development of the right to provide services. It is authoritative and represents different views on many of the pressing problems of the area.

An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.

Das Werk widmet sich einem zunehmend fuhlbaren Konflikt unseres Unternehmensrechts. Einerseits werden Unternehmen auf der Grundlage europaischen und deutschen Rechts steigenden Publizitatspflichten unterworfen. In der Praxis werden diese Unternehmensdaten andererseits vielfach von Konkurrenten, Zulieferern oder Abnehmern genutzt, um ihre eigene Wettbewerbssituation gegenuber dem offen legenden Unternehmen zu verbessern. Das Buch analysiert die zivilrechtlichen, kartellrechtlichen, verfassungsrechtlichen und europarechtlichen Grundlagen, beschreibt die handels- und gesellschaftsrechtlichen Regelungen und schlagt vor dem Hintergrund einer oekonomischen Analyse von Offenlegungspflichten neue Regelungen vor, z. B. die weitgehende Zuruckfuhrung der Publizitatspflicht von nicht-boersennotierten Unternehmen sowie die Nutzung von Schutzklauseln bei boersennotierten Unternehmen.

This book examines the law of the European internal market. The book focuses in particular on the relationship between the free movement of goods and services, asking whether the same principles can be applied in both fields. It also seeks to tackle some basic questions of EC law, such as the division of power between the Union and the Member States on the one hand, and between the courts and legislatures on the other.