Equipping you with a solid understanding of legal topics, Gardner and Anderson's CRIMINAL LAW, 13th Edition, delivers comprehensive coverage of the major components of substantive criminal law in a remarkably reader-friendly presentation. A student favorite for more than 30 years, the text uses a more narrative, descriptive approach -- with fewer lengthy cases -- to expose you to the language of the law without bogging you down in legalese. You'll find compelling coverage of the issues and principles driving American criminal justice today, with a presentation that combines current concerns and cases with an accessible writing style and study system to help you build a practical understanding of complex legal topics.

In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters.

Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.

The consolidation of the European Union created a large single European market, comprising 27 member states and about 500 million people with its own legal framework for online business activities. This book offers a quick and easy reference for lawyers, business professionals, and students to the most important EU legislation for e-business activities.
Topics include: E-commerce, Consumer protection, E-signatures, Copyright and information society, Conditional access, E-money, Domain names, Privacy and data protection, Applicable contract law, and Jurisdiction

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-a-vis the domestic legal order.

Winner, Next Generation Indie Book Awards - Women's Nonfiction Best Book of 2020, National Law Journal The inspiring and previously untold history of the women considered—but not selected—for the US Supreme Court In 1981, Sandra Day O’Connor became the first female justice on the United States Supreme Court after centuries of male appointments, a watershed moment in the long struggle for gender equality. Yet few know about the remarkable women considered in the decades before her triumph. Shortlisted tells the overlooked stories of nine extraordinary women—a cohort large enough to seat the entire Supreme Court—who appeared on presidential lists dating back to the 1930s. Florence Allen, the first female judge on the highest court in Ohio, was named repeatedly in those early years. Eight more followed, including Amalya Kearse, a federal appellate judge who was the first African American woman viewed as a potential Supreme Court nominee. Award-winning scholars Renee Knake Jefferson and Hannah Brenner Johnson cleverly weave together long-forgotten materials from presidential libraries and private archives to reveal the professional and personal lives of these accomplished women. In addition to filling a notable historical gap, the book exposes the tragedy of the shortlist. Listing and bypassing qualified female candidates creates a false appearance of diversity that preserves the status quo, a fate all too familiar for women, especially minorities. Shortlisted offers a roadmap to combat enduring bias and discrimination. It is a must-read for those seeking positions of power as well as for the powerful who select them in the legal profession and beyond.

A young schoolboy hears his mother talking to his teacher. What has he done wrong? But his mother says nothing and he has to wait a long time to find out. This story really happened. Ubuntu Tyulu wrote it when he was a learner at Michael Oak Waldorf School in Cape Town, South Africa.

Working in Language and Law is a detailed account of the forensic linguistic work done by the author in the last 35 years. It provides exemplary insights into an ever-expanding field of expert testimony, focusing on the situation in Germany since the seventies and covering all major areas of the field.

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation. In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.

Our shared concern for the victims of sex trafficking represents a rare spot of common ground in contemporary political discourse. Galvanized by impassioned accounts of the abduction and forced labor of women and girls, such normally divergent groups as evangelical Christians, secular feminists, aid workers, and corporate scions have all rallied behind anti-trafficking initiatives and legislation. But just how well do these sweeping concerns and legal efforts mesh with the lived realities of the sex trade, and where exactly did the modern conception of sex trafficking originate? In answering these questions, Brokered Subjects digs into the accepted narratives of sex trafficking to reveal the troubling assumptions which have shaped both right and left-wing agendas around sexual violence. Drawing upon years of in-depth field work, Elizabeth Bernstein sheds light not only on trafficking but on the broader structures that meld the ostensible pursuit of liberation with contemporary techniques of power. Rather than any meaningful commitment to the safety of sex workers, Bernstein argues, what lies behind our current vision of trafficking victims is a transnational mix of putatively humanitarian militaristic interventions, feel-good capitalism, and what she terms carceral feminism: a feminism compatible with police batons.

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

Freedom of information (FOI) is now an international phenomenon with over 100 countries from Albania to Zimbabwe enacting the right to know for their citizens. Since 2005, the UK’s Freedom of Information Act has opened up thousands of public bodies to unparalleled scrutiny and prompted further moves to transparency. Wherever the right to know is introduced, its success depends on the way it is implemented. In organisations worldwide, FOI only works because of those who oversee its operation on a day-to-day basis, promoting openness, processing requests and advising colleagues and the public. FOI is dependent on the FOI Officers. The Freedom of Information Officer’s Handbook is a comprehensive guide to FOI and its management. It is designed to be an indispensable tool for FOI Officers and their colleagues. It includes: a guide to the UK’s FOI Act, the right to know and the exemptions clear analysis of the most important case law and its implications for the handling of FOI requests pointers to the best resources to help FOI officers in their work explanations of how FOI interacts with other legislation, including detailed explorations of the Environmental Information Regulations 2004 and how the EU’s General Data Protection Regulation impacts on FOI a look at requirements to proactively publish information and the effect of copyright and re-use laws on FOI and open data comparisons of the UK’s Act with FOI legislation in other jurisdictions from Scotland to South Africa an exploration of the role of the FOI Officer: who they are, what they do, their career development and what makes them effective suggestions on how to embed FOI within an organisation using effective procedures, technology and training a stage-by-stage guide to processing requests for information. The Freedom of Information Officers’ Handbook includes the latest developments in FOI including amendments made to the UK’s FOI Act by the Data Protection Act 2018 and the revised s.45 code of practice published by the Cabinet Office in July 2018.

For three months every year football clubs buy and sell people. They spend more than £4 billion a year on footballers, and for good reason; the right deal can help you win the game's top prizes while the wrong deal can cost you your job and bankrupt your club. It is a fast-paced, at times murky and cutthroat world worth billions, which largely operated behind closed doors - until Jim White and Kaveh Solhekol stepped in, that is. In Deadline Day, Jim and Kaveh, two of the world's leading transfer experts, take us behind the scenes of this uniquely tense, make-or-break element to the game. They talk of the world's most famous players, managers and agents - Jose Mourinho, Sir Alex Ferguson and Pep Guardiola amongst others - to get to the heart of the most significant deals in history, as well as the ones that got away. But has the time come for football to slam shut the transfer window for good? Is it, after all, more scandal than strategy? Perceptive, entertaining and dynamically told, Jim and Kaveh reckon with questions integral to the future of the game in this definitive, never-before-told inside story of football's transfer window.

Star and executive producer of the hit TV show Bar Rescue and New York Times bestselling author of Don't Bullsh*t Yourself, Jon Taffer reveals the transformational power of conflict, sharing his toolkit for arguing smarter—at home, at work, and in life. Most people try their best to avoid conflict. Bar Rescue host Jon Taffer understands that. Conflict can have negative results. It’s easy to think that the key to a happy workplace or marriage is to avoid conflict. In reality, that’s not the case—the key is to argue smarter. Enter the Toolkit for Getting Conflict Right. Taffer’s approach is focused on deliberate conflict—otherwise known as “conflict with a purpose.� There are selective and strategic ways to have difficult conversations, and when doing so, to stay aware of your objectives rather than escalating tension unnecessarily. As Taffer explains, “The key is to act affirmatively, constructively, and productively.� Eliminating conflict isn’t always the answer; inevitably there will be times when it will arise. Engaging in conflict can be a way to clear the air, and get to the bottom of issues that, once resolved, can strengthen friendships, ease tensions at work, and address problems before they have a chance to bubble over. With easy-to-follow advice that shows how to best engage in constructive discourse to get the results you want, The Power of Conflict provides you with the rules to argue smarter, uphold your values, and keep the conversation real. The step-by-step guide starts with the inception of the conflict and carries through the difficult conversation’s conclusion, arming readers with the skills and confidence to fight for their principles. 

Stamp Duty Land Tax ('SDLT') raises some 6 billion per annum - more revenue than inheritance tax and capital gains tax put together. Providing a much-needed, incisive and comprehensive commentary on every aspect of SDLT, this book will appeal to property lawyers, tax specialists, and anyone involved in land transactions. It gives a detailed discussion of the legislation and puts forward suggested interpretations and planning opportunities. The second edition is fully updated and deals with the many changes that have been made since the introduction of SDLT. New chapters provide in-depth coverage of the treatment both of leases and partnerships. Areas of difficulty which arise in practice are dealt with throughout. In addition, the chapter on planning has been revised to take account of new legislation and case law, including the impact of the SDLT disclosure rules.

This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotion of competition, employment, social policy, and environmental protection. The author vividly elaborates on the in-built flexibility of the newly enacted rules and provides a codified analysis of their interpretation by the EU judiciary. Finally, considerable debate is dedicated to future dimensions of public procurement regulation in the form of public private partnerships and concessions.

Historically animal law has been a piecemeal legislative process of amendments and repeals. The slow progress of the legislation has finally resulted in the introduction of the two main criminal statutes affecting animals, the Animal Welfare Act 2006 and the Dangerous Dogs Act 1991. These two statutes account for almost all offences of animal abuse in every conceivable form relating to the duty of owners and their concurrent liability and responsibility.A Practical Approach to Animal Welfare Law - designed to be informative and interesting to a broad, lay audience - covers all aspects of those two Acts as they affect animals in our care. This book analyses the law relating to the criminal responsibility of owners and their duty of care for the welfare of their animals including injuring and killing them. The prosecution of offenders is investigated through the enforcement powers of the inspectors and the consequent sentencing by the courts. In doing so it deals with all manner of animal abuse as well as dangerous dogs and dangerous people.The relevance of each Act to the various authorities is analysed, providing a practical guide for people involved in various everyday activities with animals and their behaviour. This book is an essential reference source for those whose work involves animal law - including academics, legal practitioners, local authorities and the police. Equally it will be a valuable source for those working in animal related areas such as breeding, exhibitions and the rights and welfare of animals by charitable organisations and sanctuaries.A Practical Approach to Animal Welfare Law concludes with an analysis of the role and status of animals in English Law. There is a unique discussion on reform and the future of animal welfare and animal rights. That analysis applies to many jurisdictions on a national and international level, particularly in relation to common law countries.This is no staid law book. The warmth and compassion of the author shines through the text, as he engages the reader in this difficult subject through case reports, stories, examples, analysis and discussion. Creating an exceedingly useful, insightful and interesting resource for a broad range of animal experts, workers and owners.

Der sechste Band dokumentiert die Verfolgung von MfS-Straftaten. Gegenstand der Verfahren waren zum einen standardisierte Massnahmen des Ministeriums fur Staatssicherheit der DDR, wie das Abhoeren von Telefongesprachen, die Postkontrolle und die konspirative Wohnungsdurchsuchung. Dazu gehoert auch der Bruch der beruflichen Schweigepflicht durch AErzte und Rechtsanwalte, die dem MfS als inoffizielle Mitarbeiter zuarbeiteten. Zum anderen befasste sich die Strafjustiz mit Aktivitaten des MfS, die nach Art und Ausfuhrung eher den Charakter von Einzelfallmassnahmen hatten: Mordanschlage, Verschleppungen, Denunziationen von Fluchtvorhaben und regimekritischen Handlungen, unerlaubte Festnahmen, Repressalien gegen Ausreiseantragsteller, die Einwirkung auf psychiatrische Behandlungen sowie die Aufnahme von Angehoerigen der "Rote Armee Fraktion" in der DDR. Angeklagt waren neben hauptamtlichen und inoffiziellen Mitarbeitern des MfS auch Privatpersonen, die in MfS-Aktionen verstrickt waren. Die Dokumentation zeigt die umfassende Durchdringung aller Lebensbereiche der DDR-Gesellschaft durch das MfS. Zugleich werden die besonderen rechtlichen und tatsachlichen Schwierigkeiten deutlich, vor die sich die Strafjustiz bei der Aufarbeitung dieser Deliktsgruppe gestellt sah.

In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.

Students often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos

This interdisciplinary book of essays addresses critical issues arising from the emergence of legal institutions in contemporary China. One section of the book focuses on the legal process: how law is mobilized by ordinary people to redress injustice, the role of legal culture, the extent to which citizens can sue state officials, and how disputes involving workers and veterans are settled. A second set of papers explores specific legal institutions, such as the security apparatus, labor reeducation camps, and rules that punish infringement of intellectual property rights. Almost all the contributors are social scientists who have recently engaged in field research in China. The introduction by the editors and the individual chapters attempt, for the first time, to bring to bear on the study of Chinese law the law-and-society scholarship that has enriched Western legal studies in recent years.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.