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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.
Written to support students through the challenges of the GDL or CPE course, Introduction to Law for the CPE introduces students to the landmark cases, the related key legal principles and puts each legal rule in context within each of the seven qualifying  foundation subjects.   Â
This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states. Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries' judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behaviour from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal. This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.
* Provides an overview of the Supreme Court-its establishment and history, how it functions, how judges are selected, and its importance in setting precedents. * Teaches readers how to read and interpret the actual text of Supreme Court decisions. * Includes useful pedagogy such as learning objectives, key terms and definitions, critical thinking questions, websites for further research, and multimedia resources.
* Provides an overview of the Supreme Court-its establishment and history, how it functions, how judges are selected, and its importance in setting precedents. * Teaches readers how to read and interpret the actual text of Supreme Court decisions. * Includes useful pedagogy such as learning objectives, key terms and definitions, critical thinking questions, websites for further research, and multimedia resources.
Regulation has been stimulated by industrialization and particularly by the advent of the consumer economy. The book draws on international scholarship in sociology, political science, law, and economics on the working and regulation, both public and private, in many areas of business to map the reality of regulation, and to identify why it sometimes fails and how it can succeed.
This comprehensive and innovative volume focuses on the usefulness and relevance of extending the scope of protections already in place for national minorities ('old minorities') to migrant populations ('new minorities') in Europe. Delving into a highly relevant but under-researched issue, the book examines the feasibility of expanding the system of protection for national minorities to migrant groups, as well as considering issues of diversity, security, socio-economic concerns and identity. Taking a multidisciplinary perspective, and combining insights from political science, law, sociology and anthropology, it asks the central question of how far the extension of policies and rights currently specific to national minorities is conceptually meaningful and beneficial to the integration of 'new' minorities. In doing so, it questions the feasibility and appropriateness of extending the scope of the protections already in place for national minorities to other categories of population. This book will be of key interest to scholars, students and practitioners of European Union politics, migration studies, minority studies and more broadly of sociology, international law and human rights.
Shared Service Organizations (SSOs) are of growing relevance in research and corporate practice since they combine a number of benefits for multinational corporations, such as cost reductions and an improved risk management. However, managers voice concerns about potential negative impacts on the firm's effectiveness due to a lower service quality. A major reason for the ongoing controversy of the SSOs' outcome is closely related to the shortcoming of measuring their performance. This study analyzes Performance Measurement System (PMS) design in SSOs and sheds light on its effectiveness. Furthermore, the findings reveal which determinants increase PMS effectiveness. This empirical analysis yields practical design recommendations for practitioners working in a shared service environment.
Die kortverhale in Maansiek verken 'n wye register: die Rooms-Katolieke geloof, charismatiese aanbidding, Afrika-mistiek, erotiek en moederskap, konflik tussen ras en geslag en sosiale status, spanning tussen die hede en die historiese, die sienlike en die onsienlike. As basis vir sommige verhale dien 'n nugter koerantberig of tydskrifartikel uit vervloe dekades wat binne die verhaalkonteks tegelyk humoristies en ontstellend is. Ander is gegrond op minder bekende aspekte van bekende figure of vertellings van onbekende vroue met uiteenlopende agtergronde.
Takes a novel view of urban security and articulates this through rescaled approaches to IR and global politics. Few direct competitors: this book is a multidisciplinary work grounded in contemporary policy dynamics of global scope. Utilises a range of accessible internationsal case studies and written in a clear, accessible style.
The book studies multilateral population security issues and relevant governance strategies caused by international migration in the countries impacted by China's Belt and Road initiative and their border areas. Buttressed by solid data mining and policy analysis, the title looks into the demographic trends of international migration in China and some Asian Belt and Road countries and stresses the urgency for more effective governance practices. Seeking to address the population security crisis triggered by the Initiative, the authors propose the idea of "multilateral population security governance", grounded in the real-world challenges facing Belt and Road countries while also drawing on experiences of migration governance in western countries. As a new governance model, it calls for cross-border joint action and takes into consideration pertinent factors including economy, politics, culture, religion and commerce. Several case studies and comparative studies are offered in the chapters to illuminate the significance and effect of this cooperative mechanism. The book will be of interest to researchers and government officials interested in non-traditional security, international migration and formal demography as well as topics on population, resources and environment.
"Computer Power and Legal Language" explores the central issues involved in the use of computers to conduct legal business. The contributors, all experts in their field, take as their starting point fundamental questions about the potential utility of computational models of linguistics, intelligence, and logic in the law: Is it possible to use computing to communicate in the manner legal experts do? Can legal language be represented in computational form? How does natural language serve as both a bridge and a major stumbling block for the communication of concepts--both among jurists and computers? In answering these and other questions regarding computers in the law, the contributors present the results of research on the cutting edge of legal informatics, expert systems, and legal language, and they introduce important new applications of computers for lawyers. Walter begins with an introductory chapter on the ways language is used in law. Subsequent chapters address a wide range of concerns: the relationship between precision in meaning and open texture in legal writing; the application of logic programming to law; a semantic representation of pre-contractual and contractual verbs of exchange; the use of CCLIPS, a computer program that reads and understands the Louisiana civil code; the interface between human users and legal information retrieval systems; and more. A state-of-the-art contribution to current research in the field, this book offers a much-needed synthesis of current theory and practice regarding computers and legal language.
The son of civic-minded immigrant parents, Ralph Nader was taught from an early age to appreciate the citizen's role in a democracy. For over four decades, Nader has dedicated his life to challenging government and industrial practices—from protecting the environment and battling for consumer and automotive safety to blowing the whistle on corporate corruption. In spite of Congressional distaste for Nader, he has sought the presidency three times, most recently in 2004. His work has inspired countless others to follow his example, and many foundations he established and financed continue to challenge corporate, industrial, and government policies. Marcello has captured the public and private Nader in a biography that will intrigue students and general readers. Written with the cooperation of his family, it provides original insight into an icon. The book includes a timeline of his life and achievements.
This book identifies ways in which Africa can realize its potential to secure a supply of food for affordable and healthy diets through the sustainable use of its own resources. The focus is on investment, cooperation, and policy action. The agenda proposed here is intended to be a long-term one, but one that should be initiated in the short term with concrete actions.
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.Â
The Concise Industrial Flow Measurement Handbook: A Definitive Practical Guide covers the complete range of modern flow measuring technologies and represents 40 years of experiential knowledge within a wide variety of industries, and from more than 5000 technicians and engineers who have attended the author's workshops. This book covers all the current technologies in flow measurement, including high accuracy Coriolis, ultrasonic custody transfer, and high accuracy magnetic flowmeters. The book also discusses flow proving and limitations of different proving methods. This volume contains over 300 explanatory drawings and graphs and is presented in a form suitable for both the beginner, with no prior knowledge of the subject, as well as the more advanced specialist. This book is aimed at professionals in the field, including chemical engineers, process engineers, instrumentation and control engineers, and mechanical engineers.
What does it mean to be a citizen of a democracy today? This book challenges us to re- evaluate and ultimately reorient our state- based conception of democratic citizenship in order to meaningfully account for the context in which it is lived: a globalised, deeply interconnected, and deeply unjust world. Hobden argues for a new conception of citizenship that is state- based, but globally oriented. The book presents a new account of collective responsibility that includes responsibility for a wider range of collective outcomes. Drawing upon this account, Hobden argues that citizens can be held collectively morally responsible for the acts of their state, both domestically and internationally. The book explores how this conception of citizenship, with its attendant collective responsibility, can speak to citizens of today: those experiencing the costs of inequality and oppression; those living under semi- and newly democratic regimes; and those living as non- citizen residents. It encourages an active citizenship and presents innovative channels of participation, with discussions on civic education in the media and political consumerism. Offering a new lens on citizenship in a global context, this book will be of great interest to scholars and students of political theory, global justice, citizenship, democratic theory, and collective responsibility.
This book examines how Europe-wide issues - such as immigration, cross-national redistribution and further European integration - have reshaped electoral democracy and party competition across Europe. After decades of scholars and commentators bemoaning the limited politicization of the EU nationally, European issues have come to dominate domestic electoral politics. From the Eurozone crisis to the struggle of dealing with growing numbers of migrants and refugees entering Europe, EU-wide issues now occupy a salient part of the domestic political debate. This book examines what drives public opinion towards some of the key Europe-wide issues of the day and how these EU issues shapes electoral behaviour and party competition. It brings together leading scholars from different fields to explore what shapes preferences towards Europe-wide policy issues, how they influence electoral behaviour and party fortunes and what the implications are for the quality of European democracy. Overall, this book deepens our understanding of the state of European democracy domestically in an era in which national and Europe-wide problems and policy solutions are inextricably linked. The chapters in this book were originally published in the Journal of European Public Policy.
Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.
Outeur en historikus Karel Schoeman skets in hierdie werk 'n lewende beeld van Susanna Smit: nie net van haar persoonlike wedervarings nie, maar ook die agtergrond waarteen haar lewe afgespeel het: die onrustige tyd aan die Oosgrens, Susanna se verbintenis met Bethelsdorp en die vroee werksaamhede van die Londense Sendinggenootskap, die Groot Trek en die opkoms en ondergang van die Republiek Natalia. Susanna Smit was die suster van die Trekkerleier Gert Maritz en die vrou van die Trekkerpredikant Erasmus Smit. Dit is aan haar dat die kreet "Liewer barrevoets oor die Drakensberge ..." (teen die Britse oorname van Natal) toegeskryf word. Susanna Smit was ook die skrywer van 'n omvangryke dagboek wat in sy behoue vorm die jare 1843-1851 dek en hoofsaaklik haar geestelike belewenisse vasle.
Aimed at the medical and dental student this manual presents a regional approach to anatomy which is in contrast to the systematic approach preferred by the health care sciences such as nursing, occupational therapy, and physiotherapy. The authors attempt to comply with the specific clinical needs of the medical and dental undergraduate student by concentrating on applicable clinical anatomy. The curriculum is presented on such a level that postgraduate students, who need to maintain a thorough overview in regions other than that of their specific speciality, will also benefit. |
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