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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.
As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.
Edward Snowden, Julian Assange, and Chelsea Manning are key figures in the struggles playing out in our democracies over internet use, state secrets, and mass surveillance in the age of terror. When not decried as traitors, they are seen as whistle-blowers whose crucial revelations are meant to denounce a problem or correct an injustice. Yet, for Geoffroy de Lagasnerie, they are much more than that. Snowden, Assange, and Manning are exemplars who have reinvented an art of revolt. Consciously or not, they have inaugurated a new form of political action and a new identity for the political subject. Anonymity as practiced by WikiLeaks and the flight and requests for asylum of Snowden and Assange break with traditional forms of democratic protest. Yet we can hardly dismiss them as acts of cowardice. Rather, as Lagasnerie suggests, such solitary choices challenge us to question classic modes of collective action, calling old conceptions of the state and citizenship into question and inviting us to reformulate the language of critical philosophy. In the process, he pays homage to the actions and lives of these three figures.
The revised fourth edition of Migration Theory continues to offer a one-stop synthesis of contemporary thought on migration. Editors Caroline B. Brettell and James F. Hollifield remain committed to include coverage that is comparative and global in scope while enhancing similarities and differences between one academic field and the next. All chapters have been revised to highlight cutting-edge issues in the field of migration studies today. The fourth edition welcomes two new authors, Professors Marie Price and Francois Heran, to offer a fresh approach with their chapters on geography and demography, respectively. Designed for undergraduate and graduate courses in migration studies, a primary goal of the text is to assist instructors in guiding students who may have little background on migration, to understand important issues and the scientific debates. This ensures Migration Theory is a highly valuable guide not only to the perspectives of one's own discipline but also to those of cognate fields.
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.
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.
This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union’s reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.
Migration has emerged as an important issue in contemporary global politics and in the discourse around human development. This book highlights the role of migration in socioeconomic development and its interdependence with urbanization, employment, labour and industry. This volume identifies the challenges which migration and the subsequent dynamism in population and spatial parameters pose to land-use patterns, ecology, social politics and international relations. Through a study of migration patterns and trends in different parts of India, this collection analyzes the relationship of migration with social and occupational mobility, poverty and wealth indices, inequality, distribution of resources and demographic change. It also explores policy measures and frameworks which can bring migration into the fold of national development strategies. Timely and comprehensive, the book underscores the importance of migration and urbanization, sustainability and inclusivity to economic growth and development. It will be an essential read for scholars and researchers of migration studies, political studies, sociology, urban studies, development studies and political sociology.
This timely volume presents a rich picture of the lives of parents with young children in the U.S. Using the first national survey on parents with young children, a diverse group of scholars present new information about what parents do, the economic and social challenges they face, and the resources they use to improve their children's health and development. The analyses and insights provided by this book will be invaluable for policy makers as well as others involved in public health, social work, law, medicine, psychology, sociology, and child development.
The contributors to this book investigate migration governance in Asia through a multilevel analysis, addressing its local, national and regional dimensions as well as placing it in the wider context of global migration governance. Core case studies include migration to and within Japan, the migration of Burmese and Tibetan refugees to India, and the Rohingya crisis in Myanmar. Evaluating the rules, norms and processes put in place by state and non-state actors to cope with international migration, the contributors focus especially on migration flows and the extent to which Asian cases are distinct from those elsewhere. This includes comparative cases from Europe and the United States to provide a comparative context for the analysis of Asia. A valuable resource for students and scholars of migration studies, especially those with a particular interest in Asia.
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.
This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.
This book argues that the Mongol invasion of China in the thirteenth century precipitated a lasting transformation of marriage and property laws that deprived women of their property rights and reduced their legal and economic autonomy. It describes how indigenous social change combined with foreign invasion and cultural confrontation to bring laws more into line with the goals of the radical Confucian philosophers, who wished to curtail women's financial and personal autonomy. This book provides a reevaluation of the Mongol invasion and its influence on Chinese law and society, and presents a new look at the changing position of women in premodern China.
Poppie is based in the ground-breaking 1978 novel by Elsa Joubert, Die swerfjare van Poppie Nongena, and was adapted for stage by Sandra Kotze. This story follows the trials and tribulations of Poppie, a black woman living in apartheid South Africa and her search for a better future for her children. Poppie is die storie van 'n swart vrou wat in die jare van apartheid met 'n man van die land getroud was. Soos met Joubert se reisbeskrywings, is hierdie drama 'n reis in vele opsigte - enersyds Poppie se lang swerftog op soek na standvastigheid en 'n veilige toekoms vir haar kinders, andersyds 'n reis van twee verwyderde kulture na mekaar toe, maar uiteindelik die reis na die hart van 'n medemens.
"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.
Shakespeare's popular comedy of love and mistaken identity is accompanied by a section on reading Shakespeare's language, information on Shakespeare's life and theater, explanatory notes, annotated reading lists, and an essay.
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.
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.
New edition with bonus features This hard-hitting verbatim play is based on a tragic drink drive accident that results in the death of the vehicle’s front seat passenger, Jo. Her sister Judy, driving the car, escapes physically unhurt – but can never escape the consequences of her own reckless behaviour. Since its initial performances in 1987, Too Much Punch for Judy has toured non-stop all over the world to schools, colleges, prisons, young offenders’ institutes and army bases. Astonishingly, it is now one of the most performed contemporary plays, with 6058 licensed performances between 1987 and 2020. The play has been cited in Chief Examiner’s reports for GCSE Drama to be an example of a play that gives students ample opportunity to achieve across the criteria. Suitable for: Key Stage 3/4, BTEC, A-Level to adult Duration: 60 minutes approximately Cast: 6 male, 6 female, 1 male or female, or 2 male, 2 female with doubling. "The audience I sat in was patently out for some whooping Friday night fun watching their mates on stage. At the end there was a horrid silence."
Nick Baker, Times Educational Supplement
The right to privacy is a pivotal concept in the culture wars that have galvanized American politics for the past several decades. It has become a rallying point for political issues ranging from abortion to gay liberation to sex education. Yet this notion of privacy originated not only from legal arguments, nor solely from political movements on the left or the right, but instead from ambivalent moderates who valued both personal freedom and the preservation of social norms. In The Closet and the Cul-de-Sac, Clayton Howard chronicles the rise of sexual privacy as a fulcrum of American cultural politics. Beginning in the 1940s, public officials pursued an agenda that both promoted heterosexuality and made sexual privacy one of the state's key promises to its citizens. The 1944 G.I. Bill, for example, excluded gay veterans and enfranchised married ones in its dispersal of housing benefits. At the same time, officials required secluded bedrooms in new suburban homes and created educational campaigns designed to teach children respect for parents' privacy. In the following decades, measures such as these helped to concentrate middle-class families in the suburbs and gay men and lesbians in cities. In the 1960s and 1970s, the gay rights movement invoked privacy to attack repressive antigay laws, while social conservatives criticized tolerance for LGBTQ+ people as an assault on their own privacy. Many self-identified moderates, however, used identical rhetoric to distance themselves from both the discriminatory language of the religious right and the perceived excesses of the gay freedom struggle. Using the Bay Area as a case study, Howard places these moderates at the center of postwar American politics and shows how the region's burgeoning suburbs reacted to increasing gay activism in San Francisco. The Closet and the Cul-de-Sac offers specific examples of the ways in which government policies shaped many Americans' attitudes about sexuality and privacy and the ways in which citizens mobilized to reshape them.
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.
* 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.
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