From the McDonald's hot coffee case to the cattle ranchers' beef with Oprah Winfrey, from the old English ""Assize of Bread"" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed ""recovering lawyer,"" offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law. Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist's negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes - it's all in here, so tuck in!

Originally published in 1921, this book presents the content of the Yorke Prize essay for 1918. The text provides a concise discussion of the law regarding the purchase of goods in relation to the area of 'goods improperly obtained'. This book will be of value to anyone with an interest in the British legal system and the history of law.

The book is a novelty. For the first time the fundamentals of the performance activities of the German Society for Musical Performing Rights and Mechanical Reproduction Rights (GEMA) will be comprehensively presented, expertly explained and scientifically fathomed. In addition to the historical and legal basics, this especially concerns the presentation and elucidation of GEMA's "internal rules": The statutes, authorisation agreement and the plan of distribution. An overview concerning the practice of licensing will also be provided. Such a presentation has long since been a sought-after reference factor of practice and science. The reference work should provide those individuals entitled as well as users, supervisory authorities and courts - but also scholars - reliable information concerning the performance activity, and thus contribute to transparency.

In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.

This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.

The progressive economics writer redefines the national conversation about American freedom "Mike Konczal [is] one of our most powerful advocates of financial reform' [a] heroic critic of austerity' and a huge resource for progressives."-Paul Krugman Health insurance, student loan debt, retirement security, child care, work-life balance, access to home ownership-these are the issues driving America's current political debates. And they are all linked, as this brilliant and timely book reveals, by a single question: should we allow the free market to determine our lives? In the tradition of Naomi Klein's The Shock Doctrine, noted economic commentator Mike Konczal answers this question with a resounding no. Freedom from the Market blends passionate political argument and a bold new take on American history to reveal that, from the earliest days of the republic, Americans have defined freedom as what we keep free from the control of the market. With chapters on the history of the Homestead Act and land ownership, the eight-hour work day and free time, social insurance and Social Security, World War II day cares, Medicare and desegregation, free public colleges, intellectual property, and the public corporation, Konczal shows how citizens have fought to ensure that everyone has access to the conditions that make us free. At a time when millions of Americans-and more and more politicians-are questioning the unregulated free market, Freedom from the Market offers a new narrative, and new intellectual ammunition, for the fight that lies ahead.

New rules on distance contracts provided for the Consumer Rights Directive of 25 October 2011 do not apply to package holidays or contracts falling within the scope of the Timeshare Directive. Moreover, contracts for passenger transport services and contracts for the provision of accommodation, car rental, catering or leisure services if the contract provides for a specific date or period of performance are not covered by some of these rules. Yet measures aimed at protecting the consumer when a contract is concluded via the phone, the Internet, by mail or other means of distance communication play a role in tourism. This book helps readers to navigate through uncertainties in travel contracts regarding information requirements, the right of withdrawal or providing alternative services. Findings reveal that consumer acquis is inadequately adapted to the features of the tourism industry when an optional instrument based on the Draft Common Frame of Reference might be used in the future.

In this volume, the basic principles of the administrative functions carried out by the Society for Performing and Mechanical Reproduction Rights (GEMA) are presented comprehensively and academically explained. This work is primarily focused on presenting and explaining the GEMAa (TM)s a oeinternal regulationsa: the statutes, the deed of assignment, and the distribution plan. Additionally, an overview is presented on the day to day practice of licensing the rights. The main focus of this presentation is the commentary section. The commentary presents in detail and academically considers the statutes as the basis of the organization, the deed of assignment as the foundation of the assignment of rights, and the distribution plan. The new edition brings this work up to date. The copyright law reform (a oeZweite Korba ) is taken into consideration as well as the latest judicature and the newest amendments to the GEMA's deed of assignment and distribution plan.

This collection includes essays by eleven leading public health experts, economists, physicians, political scientists, and lawyers, whose activities encompass Congressional testimonies, Surgeon General's reports on youth smoking, and clinical trials for drugs for smoking cessation. They analyze specific strategies that have been used to influence tobacco use, including taxation, regulation of advertising and promotion, regulation of indoor smoking, control of youth access to cigarettes and other tobacco products, litigation, and subsidies of smoking cessation, and set them against the latest scientific findings about tobacco and the changing cultural and political setting against which policy decisions are being made.

This book examines the European Community legislation that regulates the safety of consumer products. Hodges surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. Hodges compares the various mechanisms relating to medicinal products, products covered by 'New Approach' Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product 'safety', demonstrating the relativity of this concept. Hodges highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. Hodges contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is an need for more or less control. He argues for more systematic collection of safety data, and for consistecy in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.

The 50-year anniversary of the German collecting society for performing artists, record producers and organizers, the "German Collecting Society for Performance Rights (GVL)," was marked by a symposium sponsored by the Institute for the Legal Protection of Industrial Property and Copyright, Humboldt-University of Berlin, in the fall of 2009. The now published and revised contributions to the symposium address a variety of topics including a historical review of the GVL, a critical analysis of German collecting societies' situation in light of European competition as well as the expectations of performance artists, record producers and users with regard to the GVL.

This conference volume on the German-Japanese colloquium a oeTransformations or Erosion of Private Autonomy?a carries the debate on the subject into the area of contract law that is central to economic life.

The third edition of Cranston's Consumers and the Law brings the reader fully up to date with developments in consumer law and includes important new material on utilities and financial services regulation. An internet home page has also been established for readers of this book. The home page has two main purposes. First, it provides links to websites containing primary sources such as codes, consultation documents and reports which are not always accessible in law libraries. Secondly it provides periodic updating information on key developments in law and policy.

This conference volume contains lectures, texts and reports on the conference a oeResearch and teaching in the information age - between freedom of access and the incentive to privatisea of the Institute for Media Law and Communication Law and the Modern History Department of the University of Cologne on 21 April 2006 in Cologne.

Inspired by the Consumer Credit Act 2006, this detailed work offers practical guidance on the legislation. The scope and impact of the regulation is undergoing fundamental change; for example, financial limits on regulation are being partially removed, the OFT are given the power to fine licensees, an Ombudsman scheme is being introduced and agreements can be reopened where the relationship arising is held to be unfair. This book addresses topics of practical concern and examines the areas most relevant to practitioners drafting, securitising or seeking to defend claims under credit or hire agreements. In particular, the book focuses on the outstanding problems and issues arising from the application of the Consumer Credit Act. In-depth commentary is provided by an expert author team who have appeared in many recent cases where enforceability of rights under credit and hire agreements has been in issue.

The Legal Status of Intersex Persons provides a basis for discussion regarding all legal aspects concerning persons born with sex characteristics that do not belong strictly to male or female categories, or that belong to both at the same time. It contains contributions from medical, psychological and theological perspectives, as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and also features chapters on private international law and legal history.The book is a timely one. Until very recently, the legal gender of a person both at birth and later in life in virtually all jurisdictions had to be recorded as either male or female; the laws simply did not allow any other option, and, in many cases, changing the recorded gender was difficult or impossible. However, there are many cases where this gender binary is unable to capture the reality of a persons physical presentation and/or perception of self. Consequently, this gender binary is increasingly being challenged and several jurisdictions have begun to reform their gender status laws.For example, in 2013 Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female for all intents and purposes. However, this legislation has proved problematic in many ways and rightly was subject to pertinent criticism. In 2017 the German Constitutional Court then held that these rules were in violation of the German constitution as they only allowed a non-recognition, as opposed to a positive recognition of a gender other than male or female, and mandated law reform. Similarly, the Austria Constitutional Court held in June 2018 that current civil status laws had to be interpreted to allow registration of alternative gender identities. Therefore, two European jurisdictions will now have legal gender recognition beyond the binary.This book looks at law reform taking place around the world, with diverse perspectives from relevant fields, to provide the reader with a comprehensive analysis of the legal status of intersex persons and related issues.

The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor.The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party.

The necessary story of how the Consumer Financial Protection Bureau became a powerful force for good in the lives of everyday Americans after the 2008 financial crash. Every day across America, consumers face issues with credit cards, mortgages, car loans, and student loans. When they are cheated or mistreated, all too often they hit a brick wall when they challenge the financial companies. People are fed up, but few have the resources or expertise to fight back on their own. Growing problems in the increasingly one-sided finance markets blew up the economy in 2008. In the aftermath, Congress created the Consumer Financial Protection Bureau. In Watchdog, former CFPB Director Richard Cordray shows how the Bureau quickly became a powerful force for good, suing big banks for cheating or deceiving consumers, putting limits on predatory lenders, simplifying mortgage paperwork, and stepping in to help solve problems raised by individual consumers. Along with providing a powerful explanation of how the financial industry became so dominant in American life, Watchdog tells a hopeful story of how our system can be reformed by putting government back on the side of the people, to strengthen our families, safeguard the marketplace, and establish a new baseline of fairness in our democratic society.

This report presents and analyses the legal instruments established for the protection of intellectual property in the shipbuilding industry which could be applied to ship design - the aesthetic side of shipbuilding. To what extent the vessel as a whole or its individual parts can be tangibly protected by copyrights and/or design patents is taken into consideration. Safeguards by means of contractual clauses are of significant importance as well (confidentiality agreements, contractual safeguard clauses for the security of "design rights," etc.). The issue of how this protection is legally and contractually constructed or rather, how it can be constructed, is the main focus of this examination.

"A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition." -Fast Company Shoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking expose invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. "We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States." -Science "A convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with." -Burton G. Malkiel, Wall Street Journal "A convincing case for the need to rethink competition law to cope with algorithmic capitalism's potential for malfeasance." -John Naughton, The Observer

The significance of 32 b UrhG German Copyright Law] is especially apparent in relation to the USA. This is because the majority of international copyright licenses regulated by 32 b UrhG take place between contractual parties in Germany and the USA. The present work investigates the factual and legal conditions under which 32 b UrhG is effective in Germany and in the USA."

The glamour and mystery of the art auction, gathering interested buyers from across the globe, makes it one of the most fascinating marketplaces in existence. 'Sleepers', artworks or antiques that have been undervalued and mislabelled due to an expert's oversight and consequently undersold, appear regularly. This fascinating new book provides the first extensive study of the phenomenon of sleepers through an in-depth analysis of the contractual relationships, liability and remedies that arise in the context of auction sales. The Sale of Misattributed Artworks and Antiques at Auction begins with examination of the creation of sleepers and the process of attribution of artworks and antiques at auction. This is followed by a comparative analysis of the law governing auctioneer's liability in Switzerland, England and the United States and a critical assessment of the risks and drawbacks of the current practical and legal regime. The book concludes with an original and pragmatic solution to the challenge of addressing and settling sleeper disputes at auction, including model terms that auction houses can directly adopt in their business terms. This insightful new book will be of interest to lawyers, auction houses and anyone involved in the authentication or sale of artworks. It will also provide a valuable resource for academics and students in law, anthropology and arts.

This work was published to commemorate the 50th anniversary of the VG WORT. It begins with an introduction to the collecting society's development and goes on to describe the collecting society's history from 1958 to 2008. Intrinsically tied to the history of VG WORT are the various intellectual property rights. This work reflects on future prospects in the face of the rapid development of technical advancements and the difficulties in exercising copyright laws in the digital and multimedia age.

The Banking Law Day 2005 was devoted to the discussion of consumer credit for real estate assets subsequent to the Heininger jurisdiction of the European Court of Justice and the area of conflict centred on claim transfers, bank confidentiality and data protection. Experts from academia, real life andthe judiciary discussed these subjects under the chairmanship of Wolfgang Gossmann and Gerhart Kreft."