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A few lawsuits have changed the entire shape of the computer industry as nearly every aspect of computers has come under litigation. These courtroom battles have confused not only computer and legal amateurs, but lawyers, juries, and judges too. The result has been illogical legal opinions, reversals on appeal, and an environment in which the outcome of key legal battles is not only unpredictable but could change the industry's direction yet again. Graham surveys the past and shows how it points to the future. He illustrates how the absence of statutes specifically protecting software has frequently forced courts to simultaneously create and apply the law. Graham covers the whole spectrum of computer hardware and software, addressing the litigation that affected each part of the product chain. In 23 chapters he cuts through the legalese while still offering enough substance to introduce lawyers unfamiliar with intellectual property law to the evolving legal landscape of this dynamic and contentious industry. No prior legal background is required to understand GrahaM's presentation, however. The result is a comprehensive and fascinating study of this newest of new century industries, and a book that will guide --and caution -- anyone now in it or who expects to be a part of it tomorrow. Graham shows how the course of litigation in the computer industry has substantially paralleled the growth of the industry itself. Yet, while computer law has been an active field, it is also an unpredictable one. The law governing computers was particularly sketchy prior to 1976, Graham explains, when it was unclear whether programmers had any legal rights to the software they developed. In l976 Congress modified the statutes to specify that software was indeed eligible but unfortunately offered little guidance to the courts on how to apply copyright laws to software. With each lawsuit the courts added to the sketchy foundation of copyright laws, developing the law as they went along. Graham shows that because the courts have so often made the law as they applied it, many computer-related lawsuits had an especially profound impact on the industry. By outlining this history of the development of computer law and its effect on the computer industry, Graham provides a broad outline of the state of computer law today, and a fascinating look at the industry itself.
Are you making the most of your firm's cross-selling opportunities? On average, in a typical firm, 20% of the lawyers are high-performing rainmakers. They know the secrets to capitalising on business development opportunities and they often manage to secure big clients. A further 20% are doing little in the way of business development. The rest (around 60%) are sitting somewhere in the middle. They're bringing in business, but more needs to be done to find that extra revenue. How can this 60% really capitalise on making more money? More and more law firm leaders are turning to cross-selling. Develop a cross-serving culture to cross-sell In many cases, cross-selling in the legal sphere is a lot easier said than done. It should be easy to get more work in different practice areas from your existing clients, but organisational challenges and working cultures can often stand in the way of cross-selling success. How can your firm overcome these challenges and make the most of this traditionally untapped revenue stream? Creating a Cross-Serving CultureShift: Mastering Cross-Selling for Lawyers and Leaders is a practical guide dedicated to helping you achieve exactly this. Packed with clear, actionable guidance on how to attract, retain and grow a client base, it provides scores of practical tips to help you and your firm become a true master of cross-selling. To address the crux of the challenge at most firms - adjusting mindsets and cultural attitudes of lawyers to encourage cross-practice collaboration - the book outlines a proven strategy to address the cultural change that is necessary to a successful cross-selling initiative. The guide will also show you how to: Initiate excellent communication between practice groups Educate your teams to ensure they have a deep understanding of the services offered by other lawyers at your firm Instill a culture of trust and empathy between lawyers so a cross-serving culture can develop more easily Implement an active client feedback programme Achieve higher levels of client service, so you become the firm your clients turn to for important work Implement a compensation system that rewards team-based behaviours Encourage personal accountability Employ proactive leaders who are committed to driving key cross-serving behaviours Why this guide is a real-game changer Learn from David Freeman, one of the world's leading authorities on maximising cross-selling in law firms. He has over 30 years' experience and was recognised as the top "Law Firm Business Development Consultant and Coach" in National Law Journal surveys in the US. Actively increase the amount of lawyer time and energy that is devoted to cross-selling at your firm. Uncover 13 key 'Accelerators' that will help your future business development success. Drive greater cross-selling success with the Appendix designed for firm leaders, offering a practical, high-level checklist of major activities. In addition to the author's perceptions, this book includes insights from law firm leaders who have provided input based on a survey conducted specifically for this project. What your peers are saying "In my opinion, David is the world's leading authority on practical aspects of maximizing cross-selling in law firms." Elizabeth Anne "Betiayn" Tursi, Global Chair and Co-Founder, Women in Law Empowerment Forum "David Freeman has a keen understanding of the art of cross-selling and the benefits it brings. His professional background and experience allows him to articulate the case for team centered business development in a way that motivates and inspires even the most reluctant professional.." Peter Kellett, Chairman and CEO, Dykema "David Freeman has literally written the book on cross-selling. This is NOT a 30,000 foot view but rather he gives us boots on the ground, practical guidance from years of overcoming obstacles in every type of law firm culture." Doug Hoover, CMO/Director of Marketing & Business Development, Schiff Hardin LLP
Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
This book looks back on 25 years of pioneering EU trade mark practice, as viewed by various experts from all over Europe. EU trade mark law - and by extension, trade mark law of the EU Member States - has substantially evolved during these past 25 years. The success of the EU trade mark resulted in a shift from a 'bottom-up' harmonization of national trade mark systems to a 'top-down' approach, based on the EU trade mark system. The first two contributions focus on the EUIPO's convergence efforts with the national trade mark offices and the impact of EU case law on national trade mark practice, respectively. Further on the evolution of the EU trade mark system is addressed through a wide variety of subjects of substantive law. The last chapter offers and analysis of the impact of Brexit on EU trade marks. Flip Petillion (editor) is a leading domestic and international dispute resolution counsel and arbitrator and regularly publishes on various topics related to intellectual property and arbitration (PETILLION, Belgium). With contributions by Ana-Maria Baciu and Andreea Bende (Simion & Baciu, Rumania), Alexander Schnider (GEISTWERT, Austria), Claus Barrett Christiansen and Maria Rose Kristensen (Bech-Bruun Law Firm, Denmark), Diego Noesen (PETILLION, Belgium), Gerard Kelly and Jane Bourke (Mason Hayes & Curran LLP, Ireland), Jan Peter Heidenreich (Preu Bohlig, Germany), Eva Lachmannova (Sindelka & Lachmannova, Czech Republic), Matthew Harris (Waterfront Solicitors LLP, UK), Paul Micallef Grimaud and Nikolai Lubrano (Ganado Advocates, Malta), Richard Wessman, Stojan Arnerstal and Sofia Bergenstrahle (Vinge, Sweden)
An exploration of the U.S. Supreme Court during an era of dramatic sectionalism, slavery, and the Civil War. The Taney Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the three-decade tenure of Roger B. Taney, one of the most important chief justices in U.S. history. A careful analysis of landmark decisions such as Dred Scott v. Sandford, Charles River Bridge v. Warren Bridge, and Prigg v. Pennsylvania shows how the court interpreted issues of commerce, contracts, slavery, and separation of powers, and how, despite its perception as being pro-states rights, it actually expanded federal judicial power. Profiles of the 20 justices who served on the Taney Court place a special emphasis on those who made the most significant impact, including Taney, Joseph Story, Benjamin Curtis, and John A. Campbell.
Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.
Law Express: Exam Success is designed to help you to relate all your reading and study throughout your course specifically to exam situations. Understand quickly what is required, organise your revision, and learn the key points with ease, to get the grades you need. Tested with examiners and students.
Is cost-benefit analysis the best means to determine and formulate public policies? To answer this question Jeffrey Leigh Sedgwick examines its application to crime and criminal justice and the implications of that application. In this interdisciplinary study, Sedgwick first assesses the value of applying economic models to the social problem of crime. He compares economic models to sociological ones and then addresses the question of whether economic models are compatible with the values of a liberal political order. He shows that cost-benefit analysis suffers from technical and ethical problems when used to set law enforcement goals. Current techniques for measuring the costs of crime are crude and unreliable, he argues, and overreliance on citizen and consumer preference may lead to the adoption of policies incompatible with American political traditions and respect for human rights. Sedgwick concludes that economic analysis cannot, by itself, lead to the adoption of effective and publicly defensible policies to combat crime.
Public Interest Law Groups focuses on a special segment of the profession, namely groups `that provide cost-free legal care to willing clients' including `legal aid and legal services groups, interest groups that litigate, and public-interest law firms.' . . . It ought to be an automatic purchase for law school libraries and it will fulfull needs for information about these organizations in large public and academic libraries. Wilson Library Bulletin In recent years, public interest law has shifted from an exclusive interest in the expansion of rights in such areas as consumer protection, environmental law, and discrimination to a parallel concern with seeking limits to freedoms and rights in both the public and private sector. In addition, public interest law firms have introduced diversified litigation strategies that were uncommon even a decade ago. This volume is the only comprehensive work to reflect these recent changes in the complexion and strategies of public interest litigation. Following an introduction describing the major shifts that have occurred in public advocacy, the authors present over 300 profiles of firms, groups, and organizations that litigate in behalf of the public interest and/or use the courts to achieve policy ends. Organizations surveyed include groups that focus on the protection of special interests, rights, or resources and those that offer legal aid in diverse areas, as well as legal organizations such as the American Bar Association. Among the areas of concern are the advancement of science in the public interest, conservation, consumer interests, abortion, constitutional and civil rights, and the rights of groups ranging from the elderly, women, children, and the handicapped to American Indians and other minorities. Additional groups and significant public interest cases are listed at the end of the book. An important source of information for those wishing more data on a particular group or the scope of today's public interest litigation, this book is recommended for legal, public, and academic library reference collections.
This volume addresses, in a broad comparative perspective, the constitutional development of the countries of Central-Eastern, Baltic and Balkan Europe. Through an in-depth historical and political analysis, the co-authors examine the most recent constitutional dynamics of these countries, focusing in particular on the path followed after the collapse of their respective socialist regimes. A large number of countries is examined which demonstrates the complexity of this area in terms of state-building. The authors analyse in detail the various constitutions, with a focus on the debate that took place in the constituent assemblies and the influence of European democratic conditionality. The authors also examine the respective bills of rights especially with regard to their enforcement and protection. Finally, it should be noted that systems of government, territorial decentralization and constitutional justice are also the object of attention.
Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
Diana Beck beschäftigt sich mit Qualifikationskonflikten, die sich durch Auslegung und Anwendung der Doppelbesteuerungsabkommen ergeben. Die Autorin systematisiert diese Qualifikationskonflikte und zeigt die Folgen auf, welche sich in einer nicht verhinderten Doppelbesteuerung oder in einer Minderbesteuerung konkretisieren. Schließlich entwickelt sie Lösungsvorschläge, um diesen Besteuerungsfolgen entgegenzuwirken.
A practicing analyst combines broad training and research and hands-on experience in this first comprehensive reference/text assessing criminal, investigative, and strategic analysis techniques and reports, while showing how they support every facet of law enforcement today. The sourcebook gives a history of the field of analysis and of the education and training of analysts; lists and describes analytical techniques in an easy-to-access A to Z arrangement; offers a step-by-step approach to the development of public and strategic reports; discusses the applications of analytical techniques in violent crime, organized crime, narcotics, white collar crime, and street crime; highlights the work of important agencies, organizations, and individuals in the field of analysis; and points to future needs and uses for criminal analysis. A glossary, appendix description of computer software, and lengthy bibliography further enrich this reference guide and teaching tool for analysts, law enforcement officers, and criminal justice students and experts.
Providing legal analysis and touching upon social history and art history themes, this work offers an objective review of five art trials. Spanning the last 20 years, specific areas of law are examined with each trial: First and Fifth Amendments, copyright law, contract law, valuation of art, and misrepresentation. Art, outside of the legal vacuum, has been embroiled in a battle initiated by social conservatives to promote decency. Three trials involving this struggle and the National Endowment of the Arts are analyzed. The valuation of art is examined in the context of Andy Warhol's estate and copyright law is considered because of the appropriation of contemporary images by Jeff Koons. Although each trial is reviewed distinctly, all are interwoven to present major issues relating to contemporary art. Entertaining aspects of each trial contribute to the understanding of art and law. For art students, copyright, contract and constitutional analysis in the context of actual hearings is an invaluable resource outlining afforded protections and options. To scholars interested in contemporary art and its encounters with the law, this text bridges the gap between two seemingly disparate worlds.
Effectively implementing project management has become a key ambition for many firms across the world. The interest project management has garnered from the legal sector is not surprising; the range of benefits it offers are extensive and impactful; including reducing costs, enabling more efficient commodity work, and creating more accurate budgeting forecasts. However, despite the general consensus on its value, adoption rates have been slow across the sector - only a handful of top firms have successfully implemented LPM into their practices, and are reaping the benefits. The slow adoption rates create a real opening for a competitive advantage through Legal Project Management, even at a basic starting level, as according to Jim Hassett even "glacial progress can produce new business when you are competing with firms that are making no progress at all". Featuring expert analysis on the form and function of LPM from leading industry experts, and case studies from top law firms on effective implementation and take-up, this title offers a robust overview of project management functions in the legal sector.
Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
This book is a critique of the jury and a collection of statements about various aspects of the jury made by observers during the past 200 years. Its purpose is to help laymen think about and understand issues involving the jury. |
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