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Books > Law > Laws of other jurisdictions & general law > Law reports
This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
The purpose of Granville Sharpe's Cases on Slavery is twofold: first, to publish previously unpublished legal materials principally in three important cases in the 18th century on the issue of slavery in England, and specifically the status of black people who were slaves in the American colonies or the West Indies and who were taken to England by their masters. The unpublished materials are mostly verbatim transcripts made by shorthand writers commissioned by Granville Sharp, one of the first Englishmen to take up the cause of the abolition of the slave trade and slavery itself. Other related unpublished material is also made available for the first time, including an opinion of an attorney general and some minor cases from the library of York Minster. On the slave ship Zong, there are transcripts of the original declaration, the deposition by the chief mate, James Kelsall and an extract from a manuscript that Professor Martin Dockray was working on before his untimely death. The second purpose, outlined in the Introduction, is to give a social and legal background to the cases and an analysis of the position in England of black servants/slaves brought to England and the legal effects of the cases, taking into account the new information provided by the transcripts. There was a conflict in legal authorities as to whether black servants remained slaves, or became free on arrival in England. Lord Mansfield, the chief justice of the court of King's Bench, was a central figure in all the cases and clearly struggled to come to terms with slavery. The material provides a basis for tracing the evolution of his thought on the subject. On the one hand, the huge profits from slave production in the West Indies flooded into England, slave owners had penetrated the leading institutions in England and the pro-slavery lobby was influential. On the other hand, English law had over time established rights and liberties which in the 18th century were seen by many as national characteristics. That tradition was bolstered by the ideas of the Enlightenment. By about the 1760s it had become clear that there was no property in the person, and by the 1770s that such servants could not be sent abroad without their consent, but whether they owed an obligation of perpetual service remained unresolved.
Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volumes in this series, each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.
Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property - the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.
La prima biografia in italiano di Rodolfo Valentino. Le Stelle e i Divi di Hollywood sono ben conosciuti anche per gli scandali che riescono a generare e la Stella del cinema muto Rodolfo Valentino non si discosta da questa tradizione. La Zumaya ha investito ben 15 anni in accurate ricerche sia sulla vita di Valentino sia all interno della ristretta cerchia di chi gli era vicino, in modo particolare sul ruolo avuto dal suo caro amico ed amministatore agente, George Ullman. L innovativo lavoro svolto dalla Zumaya ridisegna drasticamente la storia di Valentino e rivela segreti esplosivi. Il lavoro della Zumaya e al 100% basato su fatti reali ed e supportato dalla scoperta di circa 400 pagine di documenti mai visti prima, relativi sia alla vita finanziaria sia alla vita personale di Valentino. Il fulcro di questo nuovo archivio e l ancora non pubblicato diario di George Ullman, in cui egli racconta dei suoi rapporti con Valentino. L archivio e completato da altri interessanti documenti, mai visti prima. Grazie a tutte queste nuove informazioni la Zumaya ha, finalmente, ricostruito il vero ritratto di Rodolfo Valentino ovvero dell Uomo oltre al Mito."
From the huge miscarriage of justice against Oscar Slater to the Lockerbie trial; from the decomposing snail in bottle of ginger beer to allegations of high jinks by a prominent politician; from unplanned pregnancy to switching off life support; from McCaig's folly at Oban to the lettering 'EIIR' on pillar boxes, and from St Ninian's Treasure in Shetland to allegations of ritual child abuse in Orkney, Scots Law Tales brings a number of leading cases from the Scottish courts to life. Telling the stories behind some of the most memorable cases from the 100 years, it captures the personalities involved, the events leading up to the case, what the court decided and why, and the role that the case played in the development of its area of law.
Directives: Rights and Remedies in English and Community Law analyses the impact of EC Directives on national law, which has long been a problem and continues to be so - both in terms of interpretation and implementation. This book from barrister Richard Brent provides the reader with practical and invaluable insights on the legislative processes involved, the legal basis for adoption of Directives, the transposition and implementation of Directives.
Kenneth Starr's controversial report on President Clinton's alleged corruption is detailed in this book. Starr puts forward allegations of perjury, obstruction of justice, witness tampering and abuse of power.
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judge-centered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence - liberal, legal process, and antiliberal - inform debates about statutory interpretation. He explores what theory of statutory interpretation - if any - is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
This book contains the discussions that took place at a conference that gathered together experts in the field. The book is made up of 4 sections: Confidence in Legislation as a Regulatory (and Administrative) Problem; Improving Confidence in Legislation Via Better Regulation Tools; Responsibility of Parliaments in Improving Confidence in Legislation; and Confidence in Legislation and Enforcement.
Filling an important gap in legislative studies, this book is the first to illustrate how executives draft and negotiate bills before they are submitted to parliaments. A carefully selected sample of cases, from a range of states (unitary states/federations/old and new democracies) allows for general principles to be established. Experts from each state ensure the collection draws on well-established national practice. Essential reading for legal and political science scholars and civil servants engaged in drafting.
The "Estates Gazette Law Reports" are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette online. Each volume includes the most significant property cases determined in any given year and is the only hard copy version of this essential legal resource. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases.
The International Law Reports is the only publication in the world completely devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 124 reports on a key decision of the ICSID Tribunal (Maffezini v. Spain), decisions of the Canadian courts in Burns, Suresh, Ahani and Bouzari on torture, terrorism and the death penalty, as well as decisions of the House of Lords on terrorism, hereditary peers and refugee status.
Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners. |
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