Every librarian who wants to make wise policy decisions and protect the organization from legal challenges can now consult the library legal team of Minow and Lipinskil Libraries are in the thick of legal issues as new technologies add layers of complexity to everyday work in the library. How do you know what's legal? What can you do to identify and address issues before they turn into bona fide legal matters? Where do you turn for help? In this comprehensive and authoritative, yet easy-to-understand Q & A customized for librarians, you'll find expert guidance on complex issues. With coverage of all the issues of the day - filters, fair use, copyright, Web publishing and Internet use, software sharing, ADA compliance, free speech, privacy, access, and employment and liability issues - you will have a ""librarian's J.D."" in short order! This timely and practical desktop tool: Focuses on quick and reader-friendly answers to common legal questions; Provides examples of legal challenges faced in libraries; Includes precedents and case citations to conduct additional research; Supports libraries in their commitment to access without liability; With detailed and ready-to-apply answers to more than 600 legal questions; this trouble-shooting guide will become your favorite quick-reference.

Everything estate owners need to establish a successful living trust

"Doug Moy’s Living Trusts lives for me. All Enrolled Agents and CPAs need this easy-to-understand information at their fingertips so they can properly advise their clients about this important issue."
–Dr. William Stevenson, EA, CFP, President, National Tax Consultants
Chairman, Federal Taxation Committee, and Member, National Society of Accountants

"My clients often request recommendations for materials written in nonlegal jargon about revocable living trusts and estate planning in general. This publication is at the top of my list of recommendations. Professionals in the estate planning field will also find this comprehensive study very useful."
–Janet M. Smith, Esq.
Rackemann, Sawyer & Brewster, PC

When properly designed, a revocable living trust can provide all of the estate tax-saving benefits available under a decedent’s Last Will, eliminate a lifetime court-supervised financial guardianship of a person’s financial affairs in the event of physical or mental incapacity, and, upon the trustor’s death, facilitate estate administration without the necessity of a court-supervised process, or probate. Shockingly often, however, trusts are poorly designed and underfunded, nullifying all of their considerable advantages. Living Trusts, Third Edition shows the estate owner how to set up, fund, and manage a living trust that will protect the trustor’s financial affairs in both life and death.

The Third Edition of this popular and proven resource completely revises and updates all of its chapters, empowering readers to ask the appropriate questions of their attorneys and create the kind of financial arrangements that are right for them. New chapters on the continuing need for estate planning and on qualified and nonqualified plans have been added, and four complete sample revocable living trusts and pour-over wills are provided on an accompanying Web site. The Third Edition also contains new information on topical issues, such as:

• Business partners serving as co-trustees
• Surviving spouse and decedent’s business partner serving as co-trustees
• How to compensate a trustee so that compensation is income tax—free to the trustee

Throughout the book, hot-button subjects are highlighted under "Ask Your Attorney" sections, with subsequent "Answer" sections provided to help readers gauge their legal advisor’s effectiveness. A corollary Web site contains sample forms used to fund a revocable living trust, and all chapters reflect the changes made by the recent Economic Growth and Tax Reconciliation Acts and IRS rulings. Living Trusts, Third Edition proves the premier resource for both estate-planning professionals and estate owners who are interested in taking advantage of this powerful tool.

The Legal Profession in the English Speaking Caribbean is a work for all law students and practitioners and is essential reading for anyone entering legal profession. This book provides in an easy readable style, a comprehensive guide to the status, rights and obligations of attorneys practising in the jurisdictions of Anguilla, Antigua & Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica, St. Christopher & Nevis, St. Lucia, St. Vincent & the Grenadines, The Bahamas and Trinidad and Tobago.

As issues in American law turn up with ever-greater frequency in dozens of countries worldwide, some familiarity with the legal system of the United States of America has become de rigueur for practising lawyers everywhere. This incomparable handbook, now in its Second Edition, provides an authoritative description of the major elements, including all matters likely to emerge in the course of normal legal activity. Written from a clear and cogent comparative perspective, it is of great practical value for both counselling and courtroom use. Eighteen lucid chapters by distinguished American law professors, each of whom is also knowledgeable about a legal system outside that of the United States, explain the major laws, legal standards, and legal institutions of the United States. Substantive and procedural comparisons are presented in plain English, with appropriate commentary where deemed helpful to clarify particularly complex or unsettled matters. The resulting volume is an expert historical, systematic, and critical introduction to the law of the United States.

A pregnancy outside of marriage was a traumatic event in frontier Canada, one that had profound legal implications, not only for the mother, but also for the woman's family, the alleged father, and for the entire community. Patrick Brode examines the history of the 'heartbalm' torts in nineteenth-century Canada - breaches of duty leading to liability for damages for seduction, breach of promise of marriage, and criminal conversation - that were part of the inherited English law and were a major feature of early Canadian law.

Encompassing all ten Canadian provinces, Brode's study examines the court cases and the communities in which they arose. He illustrates the progression of these 'heartbalm' actions as women gained more and more autonomy in the late nineteenth century, until questions arose as to the applicability of these feudal remedies in a modern society. He argues that the heartbalm cases are a testament to how early Canadians tried to control sexuality and courtship, even consensual activity among adults. In mixing legal and social issues, and showing how they interact, "Courted and Abandoned" makes a significant contribution to legal history, women's studies, and cultural history.

This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.

This book explores the negative consequences of attempts to protect key U.S. manufacturing industries through the use of antidumping laws.

At the time of his brutal murder in March 2002, Marco Biagi was working with Italian legislators to find ways and means of bringing innovative proposals in his field of expertise, labour and industrial relations, to productive fruition. The White Paper, to a large extent the work of Biagi himself, was commissioned by the Italian Ministry of Labour and Social Policy and first presented to the government in October 2001. The other collaborative work included in this volume, "The "Europeanization" of Industrial Relations and Changing Industrial Relations" are among Professor Biagi's last writings. At the core of these deeply committed studies lies a direct and positive response to the violent clash between the modern European heritage of social security and the unstoppable onset of globalization. That such a response proved fatal is a potent reminder of perhaps the deepest rift in our society, a dangerously widening divide that demands the scrutiny and understanding of all lawyers, policymakers and social scientists. This text clearly demonstrates that, for Biagi and his co-authors, such terms as "employability", "flexibility", "quality" and "security" must become measured legal terms representing social realities for employees as well as employers, and cannot be mere empty words masking "business as usual". The importance of the White Paper cannot be overestimated, especially for Italy. Among the EU member states preparing to meet the standards of sustainable economic growth set out by the European Councils of Lisbon and Stockholm, Italy has the longest road to travel. For that very reason - and because of the seriousness of social unrest in Italy - its travails in this area can be seen as emblematic of an immense global social crisis that lurks in every country. The second study in this volume analyses criteria for the quality of industrial relations in the EU as compared with those prevailing in the US, Japan, Russia and the CEECs. Although each industrialized country has its own particular traditions and pressures to deal with in the world of work, this study finds evidence everywhere of intense change as well as persistent continuity. Furthermore, these commentators find that an overall European model of industrial relations cannot yet be discerned. Their recommendations, scrupulously built on existing realities, provide for a cohesive system including monitoring, incentives, interactions between different levels of policy making, new regulatory processes, and appropriate indicators, all of which will ensure an EU-wide improvement in quality of life both inside and outside work without weakening each member State's responsibility and freedom to define its own policies.

Intended as a companion volume to Principles of Land Law in Uganda, providing information on aspects of Uganda land tenure law, and information about common land problems. It explains the background and principles of the law tenure system in pre-colonial and colonial Uganda. There follows an in-depth chapter on the proposals for land tenure reform, including policy options, consultancy reports and their recommendations. The remaining chapters cover: the land bill; customary land tenure; the land rights of spouses and children; settlement of land disputes; the potential impacts of the Land Act; the legal conception of land; the registration of titles; leases, mortgages, co-ownership, and easements and restrictive covenants.

The first narrative history in 25 years of the landmark Supreme Court case that outlawed school segregation in America and its aftermath.

This book describes a century of tremendous legal change, of inspiring legal developments, and profound failures. The twentieth century took the United States from the Progressive Era's optimism about law and social engineering to current concerns about a hyperlegalistic society, from philosophical idealism to the implementation of democracy, the rule of law, and the idea of human rights throughout the world. At the same time, law maintained its status as the key language of governance in the United States, the most "legal" of all countries, which has succeeded in making its version of the state a point of reference around the globe.

An uncompromising look at the rise of violent crimes by America's children and the steps parents, teachers and mentors can take to save our children.

"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region s constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region s political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of lawful devolution of sovereignty and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a new constitutional discourse shaped by a Caribbean court of final appeal. "

This work brings together the background papers on major service sectors prepared by the WTO Secretariat for the WTO's Council for Trade in Services, in preparation for the new round of negotiations which started in January 2000. Following an analysis of the economic effects of services liberalization, 19 chapters on individual service sectors consider the issues which WTO Members need to consider when framing their negotiating positions and objectives for the new round and preparing their industries for a more open trading environment: the economic importance of the sector; the manner in which it is regulated and traded; problems of definition and classification; and the pattern of commitments undertaken by Member governments under the GATS. Many of the papers also identify prevalent forms of trade restriction or discrimination and suggest areas for further work. In addition, the work includes a detailed description of the structure of services commitments as submitted by WTO Members with respect to the four modes of supply which constitute the definition of trade in services under the GATS. The contributions have been provided by experts of the Trade in Services Division of the WTO Secretariat, with responsibility for the services or subjects in question.

Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. "In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession." Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading. Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. "What happened to the law of supply and demand?" he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls "the magic of the emperor's new clothes" has suspended the law of supply and demand. He discussesexcessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

A comprehensive analysis of the history of Italian law.

A comprhensive analysis of the history of Italian law.

An engrossing history, "Fish, Law, and Colonialism" recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law.

Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities.

Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.

A must-have guide that enables managers and trustees of private foundations, as well as their lawyers and accountants, to successfully navigate today’s increasingly complex tax laws and reporting requirements

Private foundations are the most regulated of nonprofit organizations. Burdened with laws written over thirty years ago, which have become more complex and intricate, private foundations are forced to operate in a harsh legal environment. An operational or reporting mistake, no matter how innocent or inadvertent, can lead to immense tax and other penalties.

To reap the charitable, tax, and other economic advantages of private foundations while avoiding the perils lurking in the myriad of tax-law traps, you must be fully informed about the basic legal requirements and the many subtleties and current developments affecting private foundations.

Written by two of today’s leading authorities on the laws regulating private foundations, The Legal Answer Book for Private Foundations provides this critical information in an efficient and comprehensible fashion. In clear, easy-to-understand language, the authors provide expert guidance on everything from how to set up a private foundation to how assets are invested, how funds are distributed to grantees, and how to avoid self-dealing.

You’ll find answers to such critical questions as:

• What are the legal definitions of private foundation and public charity, and what constitutes a disqualified person?
• Just what are the private foundation rules and what are the penalties for violating them?
• What assets are involved in the calculations of the mandatory payout requirement?
• How are self-dealing rules avoided?
• What is an excess business holding?
• Do foundations have to file annual returns with the IRS?
• What are the alternatives to private foundations?

With the increasing opportunities for the establishment of private foundations, The Legal Answer Book for Private Foundations is an invaluable resource that is mandatory reading for anyone contemplating creation of a foundation or managing or advising an existing foundation.

Particular controversial legal-moral problems are examined.