The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision's conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.

This book is the first academic contribution that deals with international taxation of income sources from sports events. Using an interdisciplinary approach, with in-depth analysis of both sports law and international tax law, it is notably the first academic work to conduct a thorough analysis in the fields of international taxation of eSports, sports betting as well as illegal/unlawful income sources that may be obtained in relation to a sporting event, such as kickback payments. After describing the general methodologies of income tax and VAT from an international standpoint, defining key terms such as 'eSports' and 'bidding procedure', the book examines in detail the taxation of the services that are rendered and the goods that are sold, thereby the income obtained, in relation to an international sports event from both income tax and VAT perspectives. Also analysed are government funding in the sports sector, along with its taxation modalities, as well as specific tax exemption regulations enacted for the purposes of mega sporting events. Highlighting the absence of an acceptable level of certainty in the field of taxation of international sports events, the work makes pertinent suggestions as to the future of international sporting event taxation law. With international appeal, this comprehensive book constitutes essential reading for tax and sports law scholars.

This book addresses the discursive importance of the prosecution's opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.

This book offers a critical analysis of the European colonial heritage in the Arab countries and highlights the way this legacy is still with us today, informing the current state of relations between Europe and the formerly colonized states. The work analyses the fraught relationship between the Western powers and the Arab countries that have been subject to their colonial rule. It does so by looking at this relationship from two vantage points. On the one hand is that of humanitarian intervention-a paradigm under which colonial rule coexisted alongside "humanitarian" policies pursued on the dual assumption that the colonized were "barbarous" peoples who wanted to be civilized and that the West could lay a claim of superiority over an inferior humanity. On the other hand is the Arab view, from which the humanitarian paradigm does not hold up, and which accordingly offers its own insights into the processes through which the Arab countries have sought to wrest themselves from colonial rule. In unpacking this analysis the book traces a history of international and colonial law, to this end also using the tools offered by the history of political thought. The book will be of interest to students, academics, and researchers working in legal history, international law, international relations, the history of political thought, and colonial studies.

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents - and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection - with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds - will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

This volume addresses the major questions surrounding a concept that has become ubiquitous in the media and in civil society as well as in political and economic discourses in recent years, and which is demanded with increasing frequency: transparency. How can society deal with increasing and often diverging demands and expectations of transparency? What role can different political and civil society actors play in processes of producing, or preventing, transparency? Where are the limits of transparency and how are these boundaries negotiated? What is the relationship of transparency to processes of social change, as well as systems of social surveillance and control? Engaging with transparency as an interrelated product of law, politics, economics and culture, this interdisciplinary volume explores the ambiguities and contradictions, as well as the social and political dilemmas, that the age of transparency has unleashed. As such it will appeal to researchers across the social sciences and humanities with interests in politics, history, sociology, civil society, citizenship, public policy, criminology and law.

With digital technologies blurring media boundaries, this book provides a detailed analysis of how the Internet is producing a convergence of the press, audio-visual and online media. Based on extensive empirical analysis, the authors analyse over 25 years of changes to media forms and expose the reality behind the notion that media convergence is inevitable and inexorable. Peter Humphreys and Seamus Simpson break new ground through exploring a diverse range of topics at the heart of the media convergence governance debate, such as next generation networks, spectrum, copyright and media subsidies. They highlight how reluctance to accommodate non-market based policy solutions creates conflicts and problems resulting in only shallow media convergence thus far. Highly accessible, this book is a valuable read for undergraduate and masters students researching digital media and communications. With guidance on a series of policy directions and innovations that should be developed to fulfil the promise of media convergence, it is also a vital tool for media and communication practitioners and policy makers.

The Handbook of Eyewitness Psychology presents a survey of research and legal opinions from international experts on the rapidly expanding scientific literature addressing the accuracy and limitations of eyewitnesses as a source of evidence for the courts. For the first time, extensive reviews of factors influencing witnesses of all ages - children, adults, and the elderly - are compiled in a single pair of volumes. The disparate research currently being conducted in eyewitness memory in psychology, criminal justice, and legal studies is coherently presented in this work. Volume 1 covers memory for events. Volume 2 cover memory for people.

Law, Judges and Visual Culture analyses how pictures have been used to make, manage and circulate ideas about the judiciary through a variety of media from the sixteenth century to the present. This book offers a new approach to thinking about and making sense of the important social institution that is the judiciary. In an age in which visual images and celebrity play key roles in the way we produce, communicate and consume ideas about society and its key institutions, this book provides the first in-depth study of visual images of judges in these contexts. It not only examines what appears within the frame of these images; it also explores the impact technologies and the media industries that produce them have upon the way we engage with them, and the experiences and meanings they generate. Drawing upon a wide range of scholarship - including art history, film and television studies, and social and cultural studies, as well as law - and interviews with a variety of practitioners, painters, photographers, television script writers and producers, as well as court communication staff and judges, the book generates new and unique insights into making, managing and viewing pictures of judges. Original and insightful, Law, Judges and Visual Culture will appeal to scholars, postgraduates and undergraduates from a variety of disciplines that hold an interest in the role of visual culture in the production of social justice and its institutions.

It's not easy to navigate through EU food laws, so this book provides a clear analysis of the relevant EU regulations, making it beneficial to food safety organizations and food industry professionals. Ensuring Food Safety in the European Union provides an overall detailed analysis of the many and complex initiatives implemented by the European Union Institutions since the European Commission adopted on 12 January 2000 the "White Paper on Food Safety" with the objective of defining the policies to improve the level of health protection for the consumers of Europe's food. Achieving the highest standards of food safety in Europe has been a key policy priority for the European Institutions during the past 20 years through the implementation between 2000 and 2019 of many initiatives anticipated in the mentioned White Paper concerning: (i) The establishment of the European Food Safety Authority; (ii) the adoption of new food safety legislations in many domains; and (iii) the adoption of consumer's mandatory and voluntary information regulations. Features Offers a clear and evolutive view of all relevant procedures and objectives to ensure food safety in European context Up to date presentation of EU relevant regulation and EFSA roles and activities Discusses the basic reasoning underlying the development and objectives of the current approach to food laws The book offers a review of all the available tools and their practical usefulness on food safety at European level and their possible integration. The interest of the European Institutions for food safety policies continues to be very high as shown by the adoption in September 2019 of the EU regulation 1381 to further reinforce and potentiate, among others, EFSA risk assessment. The main target of the book is the food business operators of large and medium enterprises and their consultants. Other interested parties are the authorities competent at national and regional and local level and university teaching professionals in charge of food safety and related courses.

In this provocative and thought-provoking book, Professor of Ethics Thomas Sobirk Petersen explains why the World Anti-Doping Agency's doping rules are poorly justified and makes a case for a new third way in anti-doping policy that would allow athletes to use substances and methods currently on WADA's prohibited list. The book identifies, clarifies and challenges the central arguments that are used in the often highly emotional debates around doping, and argues strongly that open dialogue about doping is essential as it defines the territory in which athletes, physicians, managers, coaches and pharmaceutical companies can operate safely. It is rooted in the theory of ethics and illustrated with real cases, examples and experiences from sport at all levels, from the auto-biographical to some of the most high-profile doping cases in history. This is an essential addition to the bookshelves of researchers and students of sports studies like sports philosophy, sports law, sports medicine and the sociology of sport, and a fascinating read for anybody interested in the darker side of sport and in its possible futures.

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

- Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation; this guidebook is here to help them navigate social media's tricky legal terrain. - The book includes contributions from twelve experts in media law. - Each chapter summarizes the law in a particular area, providing detailed answers to the most common and pressing questions and concluding with best practices for practitioners and guidance for policy-makers.

Who are the perpetrators of modern slavery? Why do they exploit others? What might be done to stop exploitation recurring? These are the questions answered in this book. Reporting on the first primary study of modern slavery offenders, the book depicts the findings of in-depth interviews with people accused of, and convicted for, committing modern slavery offences. The different forms that modern slavery takes are explained chapter by chapter: organized crime, people smuggling, labour exploitation, domestic servitude, sham marriage, the trafficking of adults for sexual exploitation and child sex trafficking. Using case studies to illuminate the perspectives of those deemed perpetrators, we show that few modern slavery offenders conform to stereotypes of people traffickers. Through an interpretive analysis of offenders' life stories, we reveal the points in the past and present where interventions could have prevented victims from becoming trapped in exploitation. We show that while national governments and international bodies often appear resolute in their efforts to tackle modern slavery and people trafficking, they have also obscured their own roles in compounding the plights of those at the sharp ends of globalization. In racializing the actions of sex traffickers, grooming gangs, and organized criminals, the modern slavery agenda has mystified the roles market dynamics, the absence of workers' rights, and immigration controls play in generating vulnerabilities to exploitation. This book will be of interest to a wide range of students, policymakers and practitioners concerned with modern slavery, human trafficking, border control and immigration, globalization and inequality, as well as the more disciplinefocused criminological audiences concerned with why people commit crimes, what should be done about them and the, often paradoxical, consequences of social control across borders. Given the book's strong focus on narrative, psychosocial and social network methodologies, it will also appeal to audiences across the social sciences concerned with applying these novel approaches to difficult to reach populations.

One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

Family Life, Family Law, and Family Justice: Tying the Knot combines history, social science, and legal analysis to chart the evolution and interdependence of family life and family law, portray current trends in family life, explain the pressing policy challenges these trends have produced, and analyze the changes in family law that are essential to meeting these challenges. The challenges are large and pressing. Across the industrialized West, nonmarital birth, relational stress, multi-partner fertility, and relationship dissolution have increased, producing a dramatic rise in single parenthood, poverty, and childhood risk. This concentration of familial and economic risk accelerates socioeconomic inequality and retards intergenerational mobility. Although the divide is most pronounced in the United States, the same patterns now affect families throughout the Western world. Across the European Union, there are 9.2 million "lone" parents, and just under half of their families live in poverty. Tying the Knot demonstrates how today's family patterns are deeply rooted in long-standing, class-based differences in family life and explains why these class-based differences have accelerated. It explains how the values that guide family law development inevitably reflect the world in which families live and develops a new family law capable of meeting the needs of twenty-first century families. The book will be of considerable interest to family specialists from a number of fields, including law, demography, economics, history, political science, public health, social policy, and sociology.

Justice and Legitimacy in Policing critically analyzes the state of American policing and evaluates proposed solutions to reform/transform the institution, such as implementing body-worn cameras, increasing diversity in police agencies, the problem of crimmigration, limiting qualified immunity, and the abolitionist movement. Considering the changes that have occurred in our sociopolitical climate, policymakers, scholars, and the public are in need of a book that focuses on the American policing institution in a comprehensive yet critical manner. Each chapter is devoted to a specific area of policing that has either received criticism for the problems it may create or has been proposed to effect reform. The chapters are sequenced such that readers are introduced to a spectrum of topics to expand the discourse on changes needed to achieve equitable policing. The book also encourages readers to consider the idea that achieving justice and legitimacy in policing cannot happen as the institution is now formulated, and it invites readers to use the topics discussed in each chapter to envision transformative propositions. Justice and Legitimacy in Policing is intended to engage policymakers and practitioners as well as interested members of the public. The scope of this book also makes it a valuable resource for academics and students.

This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

This book analyses the usefulness of terrorist profiling utilised by law enforcement officers as a pre-emptive means to assist them in the detection, prevention and deterrence of terrorism and/or its preparatory activities. It explores two main themes arising from the phenomenon of terrorist profiling: the lawfulness of terrorist profiling and the utility of profiling. These two themes are explored in three separate parts. Firstly, the book begins by drawing upon human rights concerns arising from the use of terrorist profiling by law enforcement officers. Secondly, an analytical framework capable of making determinations on the usefulness of terrorist profiling. This framework develops a profiling spectrum that ranges from formal and informal manifestations of terrorist profiling that forms the basis for evaluating its usefulness. Finally, the book presents an examination of various manifestations of terrorist profiling by separating the analysis of the 'construction' of profiles on the one hand, from their 'application,' on the other, so as to be able to identify and examine profiling's usefulness as a technique to assist law enforcement officers make predictions about likely offender characteristics. This book ultimately concludes that terrorist profiling should only be conducted by undertaking a systematic assessment of the construction of profiles separate from the application of profiles whilst simultaneously taking into account fundamental human rights concerns with the practice of terrorist profiling. The work will be an essential resource for academics, law enforcement officers and lawyers in the disciplines of law, criminology, human rights, criminal justice and policing. As the book engages with terrorist profiling, it will also be of interest to those engaged in the psychology of terrorism.

Blends scholarly expertise with media law practice, enabling students to develop practical skills Includes pedagogical features such as interviews with media practitioners, policy pointers, and an integrated fictional case study of a television media business. Provides expert coverage suitable for media law practitioners as part of professional development

Blends scholarly expertise with media law practice, enabling students to develop practical skills Includes pedagogical features such as interviews with media practitioners, policy pointers, and an integrated fictional case study of a television media business. Provides expert coverage suitable for media law practitioners as part of professional development

Subject matter of growing presence and interest. Multidisciplinary approach. Case study of Denmark, the first European state to adopt self-declaration. Will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.