Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.

China's venture capital market is not just the world's largest and fastest developing market, it also has the unique distinction of being engineered through heavy governmental intervention. This book breaks new ground by examining and testing established legal theories regarding the law of venture capital through the lens of the Chinese venture capital market. Using a hand-collected dataset of venture capital agreements, interviews with practitioners, and Chinese court judgements, it provides a comprehensive and insightful analysis of the Chinese venture capital market from the legal perspective. Topics covered include the roles of law and governmental intervention in developing the market, the state of investor protection, unique contractual developments and exits of venture capital investments. By providing an in-depth comparative analysis against the American venture capital market, it provides critical context and makes the Chinese venture market accessible. It is an invaluable resource for venture capital scholars, policymakers and practitioners.

This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.

This coursebook, written by a top scholar in the business law area, contains the complete summary of the leading theories of business ethics today. The book's approach to business ethics aims to clarify values, to create ethical awareness, to provide a decision-making model, and to address how to build ethical business cultures. This book is designed to help students create a skill in ethical decision-making and building ethical culture. The book draws students into the material by providing experiences that allow them to tell their own stories and to define their own business ethics. It provides student examples of how to apply the frameworks and decision-making models so that the "how-to" is clear. The new edition has been updated to make it more relevant and interesting to business ethics students. This edition dramatically expands coverage of issues pertaining to gender equity and related to race relations and diversity issues. The third edition also introduces an entirely new section on white collar crime as well as expanded treatment of behavioral ethics: how our psychological, cognitive biases undermine our ability to make good decisions. The eBook text Ethics Vignettes accompanies the coursebook, and contains different examples of real life ethical situations in the business world. It features more than 75 vignettes related to seven different industries and ten different business school disciplines, and remains an important component to the third edition.

Receive complimentary lifetime digital access to the eBook with new print purchase. A collection of uniform and federal laws used in secured transactions courses. Includes the UCC (with the concordance comparing revised Article 9 to the previous version), pertinent PEB commentaries and reports, Uniform Voidable Transactions Act, Food Security Act, Federal Tax Lien Statute, and the Bankruptcy Code.

Dieses essential vermittelt einen Einblick in die Grundlagen von Smart Contracts. Smart Contracts sind kleine Computerprogramme, die vor allem im Zusammenhang mit der Blockchain-Technologie zum Einsatz kommen. Mit ihnen lassen sich Vertrage digital abbilden, uberprufen und automatisiert vollziehen. Die damit verbundenen Potenziale sind bei weitem noch nicht ausgeschoepft, doch schon jetzt finden sich zahlreiche Anwendungsmoeglichkeiten. Allerdings werfen Smart Contracts auch eine Reihe rechtlicher Fragen auf. Die Autoren erlautern die Bedeutung und die Struktur von Smart Contracts und geben einen Einblick in deren rechtliche Handhabung.

This statutory supplement is designed for use in law school courses covering agency, partnerships, corporations, and other limited liability entities. In particular, the supplement compiles the statutes, regulations, and uniform or model acts needed for the use of the casebook, The Law of Business Organizations: Cases, Materials, and Problems (14th ed. 2020), by Professors Jonathan R. Macey and Douglas K. Moll. The materials included in this supplement are generally presented in one of three manners. First, for state and federal statutes and regulations that have no accompanying comments, the statutory text is reprinted in its entirety. Examples of such materials include the Delaware General Corporation Law, the Delaware Limited Liability Company Act, and selected sections of the New York Business Corporation Law. Second, for some uniform or model acts, the statutory text and comments are reprinted in their entirety. Such materials include the Revised Uniform Partnership Act (1997 and 2013), the Revised Uniform Limited Partnership Act (1976 with 1985 amendments), the Uniform Limited Partnership Act (2001 and 2013), the Uniform Limited Liability Company Act (1996), and the Revised Uniform Limited Liability Company Act (2006 and 2013). Third, for Restatements and some uniform or model acts, the statutory text is reprinted in its entirety, but only selected comments (if any) are included. Examples of such materials include the Restatement (Second) of Agency (1958), the Restatement (Third) of Agency (2006), the Uniform Partnership Act (1914), and the Model Business Corporation Act.

Receive complimentary lifetime digital access to the eBook with new print purchase. A collection of uniform and federal laws used in sales and contracts courses. Includes UCC Articles 1, 2, 2A, and 7, pertinent PEB commentaries, UETA, E-SIGN, the Magnuson-Moss Warranty Act and regulations, and the CISG. Also includes the pre-2001 version of Article 1 to facilitate study of older cases.

The secured transactions outline discusses coverage of Uniform Commercial Code (UCC) Article 9 and the creation of a security interest, including attachment, security agreements, value, and the debtor's rights in the collateral. Also included are perfection, filing, priorities, bankruptcy proceedings and Article 9, default proceedings, and bulk transfers.

Das Buch zeigt die Grundlagen der Internen Revision, mit Blick auf die Compliance. Der Rechtsteil behandelt wesentliche Rechtsfragen beider Unternehmensfunktionen. Der operative Teil orientiert sich an den typischen Revisionsaufgaben und Revisionsprozessen im privatwirtschaftlichen und im oeffentlichen Kontext - mit Spiegelung zu den Aufgaben der Compliance. Der Fokus liegt auf einer pragmatisch-praxistauglichen Darstellung, Erlauterung und Umsetzung der Berufsgrundlagen und Best Practices der Internen Revision. Das Werk bietet eine fundierte UEbersicht uber die Grundlagen und die Ursprunge der Compliance- und Revisionsarbeit - und geht dabei auf erfrischende Weise uber den sonst ublichen rein rechtlichen Rahmen hinaus. Der Bezug auf aktuelle Themen, verbunden mit einer direkten und offenen Auseinandersetzung mit Fehlern und Schwachstellen im System der Unternehmenscompliance, machen das Buch zu einer sehr lesenswerten Lekture.Joerg Nierhaus, LL.M., Chief Compliance Officer, Essen

The new edition of this popular casebook is thoroughly updated and refreshed, adding nine new cases and numerous notes to replace old ones and address additional issues. The objectives of the Eighth Edition remain very much the same as they were for its predecessors. First, to help the student develop the skills of statutory analysis by engaging with a comprehensive Code that contains critical definitions and numerous cross references. Second, to help the student understand the substantive law of sales. The materials consist of cases, text, notes, questions, and problems. The cases have been selected for their effectiveness as teaching materials. The text and notes explain the business background of the disputes. The questions push the student to understand and, often, challenge the reasoning of the courts. The problems require the student to apply the learning of the cases to new situations. The student must master the intricacies of the Code and dig deeply into the language of the statute and the Official Comments, working back and forth among the various sections that are relevant to the solution. The book is suitable for use in both upper-level and first-year courses. For teachers who so prefer, the course can be taught almost entirely through use of the problems.

This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.

A unique and invaluable guide that advises on the enforcement of high-value money judgments. It contains a detailed analysis of the legal issues and underlying case law surrounding each method of enforcement, providing essential background materials and commentary. Covering the major reforms bought about by the Tribunals Courts and Enforcement Act 2007 and associated legislation, it provides a systematic, practical guidance on the process of preparing for and successfully applying for the various methods of High Court enforcement. It looks at: - General rules about enforcement of judgments - Obtaining information about a judgment debtor's assets - Third party debt orders - Charging orders - Writs of Control - Appointing a receiver by way of equitable execution - Interest on judgments Readers will be able to identify enforcement options and to understand the detailed legal and practical issues with each enforcement option. As such this is an essential title for all commercial law practitioners, arbitration and commercial dispute resolution practitioners, and banking law practitioners.

This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

This is the 2020 case supplement to accompany Cox and Eisenberg's Business Organizations: Cases and Materials, 12th Unabridged and 12th Concise.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

Jean L. Saliba beschreibt den konzeptionellen Ansatz eines branchenunabhangigen Vertragsmanagements in einem Unternehmen. Vertrage sind die Basis fur das betriebswirtschaftliche und rechtliche Handeln in allen Organisationseinheiten eines Unternehmens. Sie bilden die Grundlage fur alle Geschaftsprozesse und die damit verbundenen Geschaftsbeziehungen mit Vertragspartnern. Der Aufbau eines Vertragsmanagements bedarf der Berucksichtigung vertragsrelevanter Risikophasen. Nur durch die planerische Berucksichtigung aller Lebensphasen eines Vertrags und das Ergreifen von praventiven, aktiven und reaktiven Massnahmen im Zusammenhang mit Vertragen koennen rechtliche Pflichten bedient, relevante Risiken vermieden und Potenziale signifikant gehoben werden.