This essential guide vital new changes by the European Commission to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of intellectual property rights usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of intellectual property rights may benefit from an automatic exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this exemption is being radically overhauled, as part of the European Commission s drive to modernise European competition law. This book examines the changes in that legislation.
The legislation is completely new and there is therefore no existing book on the marketThe change in the law will require an entirely new approach to the drafting of IP licencesThe change in the law will require existing IP licences to be re-examined and possibly re-negotiated"

The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.

A surprisingly understudied topic in international relations is that of gender-based asylum, even though the tactic has been adopted in an increasing number of countries in the global north and west. Those adjudicating gender-based asylum cases must investicate the specific category of gender violence committed against the asylum-seeker, as well as the role of the asylum-seeker's home state in being complicit with such violence. As Nayak argues, it matters not just that but how we respond to gender violence and persecution. Feminist advocates, U.S. governmental officials, and asylum adjudicators have articulated different "frames" for different types of gender violence, promoting ideas about how to categorize violence, its causes, and who counts as its victims. These frames, in turn, may be used successfully to grant asylum to persecuted migrants; however, the frames are also very narrow and limited. This is because the U.S. must negotiate the tension between immigration restriction and human rights obligations to protect refugees from persecution. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum-seekers who do not "fit" the frames. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the U.S. position of power relative to other countries, international organizations, and immigrant communities. This book explores the politics of gender-based asylum through a comparative examination of asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization/abortion, and persecution based on sexual and gender identity.

This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society, and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. _ This new edition, which keeps the same basic structure of earlier editions, has been revised and brought up to date, reflecting the way the legal system has adapted to the complex new world of the twenty-first century.

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed.
Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

Literature and Complaint in England 1272-1553 gives an entirely new and original perspective on the relations between early judicial process and the development of literature in England. Wendy Scase argues that texts ranging from political libels and pamphlets to laments of the unrequited lover constitute a literature shaped by the new and crucial role of complaint in the law courts. She describes how complaint took on central importance in the development of institutions such as Parliament and the common law in later medieval England, and argues that these developments shaped a literature of complaint within and beyond the judicial process. She traces the story of the literature of complaint from the earliest written bills and their links with early complaint poems in English, French, and Latin, through writings associated with political crises of the fourteenth and fifteenth centuries, to the libels and petitionary pamphlets of Reformation England. A final chapter, which includes analyses of works by Chaucer, Hoccleve, and related writers, proposes far-reaching revisions to current histories of the arts of composition in medieval England. Throughout, close attention is paid to the forms and language of complaint writing and to the emergence of an infrastructure for the production of plaint texts, and many images of plaints and petitions are included. The texts discussed include works by well-known authors as well as little-known libels and pamphlets from across the period.

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights?
This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others.
The essays represent new and canonical research by leading scholars in the field. Each section is structured as a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question. The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.

This important Research Handbook provides a holistic analysis of the development of the European Union's migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation. Featuring contributions from key legal specialists in EU migration and asylum law, chapters in this Research Handbook consider a variety of issues including, but not limited to, the role of the institutional framework, visas, borders, family and labour migration, refugee protection, mobility, solidarity, and externalisation. It also offers an examination of the effect of the migration 'crisis' on EU asylum and migration law and the potential legal changes this may cause, as well as a survey of the developments of the New Pact on Migration and Asylum presented by the European Commission in 2020. Topical and comprehensive, the Research Handbook on EU Migration and Asylum Law is a must read for students and academics interested in EU law, human rights, migration, and refugee law and politics. Its insights will also help to inform the work of practitioners and policy makers, and other experts in the areas of migration, asylum, EU law, and EU integration.

Essential Java serves as an introduction to the programming language, Java, for scientists and engineers, and can also be used by experienced programmers wishing to learn Java as an additional language. The book focuses on how Java, and object-oriented programming, can be used to solve science and engineering problems.
Many examples are included from a number of different scientific and engineering areas, as well as from business and everyday life. Pre-written packages of code are provided to help in such areas as input/output, matrix manipulation and scientific graphing.
Java source code and solutions to selected exercises are available at: www.bh.com/companions/0750659912
A free solutions manual is available to lecturers at: http: //textbooks.elsevier.com
* Takes a 'dive-in' approach, getting the reader writing and running programs immediately
* Teaches object-oriented programming for problem-solving in engineering and science
* Fully supported with online resources and listings to download

Cybercrime and cybersecurity are of increasingly high profile not only within law enforcement but among policy makers, legal professionals and the general public. The establishment of the European Cybercrime Centre at Europol and the recent publication of guidelines on the prosecution of social media cases by the Director of Public Prosecutions serve as illustrations of the reach and impact of cybercrime related issues. As more of our day to day lives are conducted via digital mediums, cybercrime has ceased to be a purely specialist area and as technologies rapidly evolve and advance so do the challenges and threats raised, making it more important than ever for practitioners working in this area to stay up to date. Building on the detailed legal analysis in the first edition, this updated text remains the only comprehensive work to cover the complete lifecycle of cybercrimes, from their commission to their investigation and prosecution. With its clear and accesible structure, Computer Crimes and Digital Investigations provides essential guidance on the substantive and procedural aspects of cybercrimes for both experienced practitioners and for those new to the field. Substantial developments have occurred since the publication of the first edition of this work, in terms of the threats faced, the legislation and case law, and the response of law enforcement. The second edition will include new material on topics such as cyberwarfare; orders made against convicted criminals; and issues of surveillance and interception as well as expanded discussions of cyber security policy and laws, intermediary liability, developments in policing activities and prosecution policies, and developments in cross-border search and seizure and mutual legal assistance and extradition. An expanded comparative discussion of law and policy within the EU and under the Budapest Convention, as well as other international organisations such as the United Nations, places cybercrime in its international context.

In The Ohio State Constitution, Steven Steinglass and Gino Scarselli provide a comprehensive and accessible resource on the history of constitutional development and law in Ohio. This essential volume begins with an introductory essay outlining the history of the Ohio State Constitution and includes a detailed section-by-section commentary, providing insight and analysis on the case law, politics and cultural changes that have shaped Ohio's governing document. A complete list of all proposed amendments to the Constitution from 1851 to the present and relevant cases are included in easy-to-reference tables along with a bibliographical essay that aids further research. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Company-State rethinks the nature of the early English East India Company as a form of polity and corporate sovereign well before its supposed transformation into a state and empire in the mid-eighteenth century. Taking seriously the politics and political thought of the early Company on their own terms, it explores the Company's political and legal constitution as an overseas corporation and the political institutions and behaviors that followed from it, from tax collection and public health to warmaking and colonial plantation. Tracing the ideological foundations of those institutions and behaviors, this book reveals how Company leadership wrestled not simply with the bottom line but with typically early modern problems of governance, such as: the mutual obligations of subjects and rulers; the relationship between law, economy, and sound civil and colonial society; and the nature of jurisdiction and sovereignty over people, commerce, religion, territory, and the sea. The Company-State thus reframes some of the most fundamental narratives in the history of the British Empire, questioning traditional distinctions between public and private bodies, "commercial" and "imperial" eras in British India, a colonial Atlantic and a "trading world" of Asia, European and Asian political cultures, and the English and their European rivals in the East Indies. At its core, The Company-State offers a view of early modern Europe and Asia, and especially the colonial world that connected them, as resting in composite, diffuse, hybrid, and overlapping notions of sovereignty that only later gave way to more modern singular, centralized, and territorially- and nationally-bounded definitions of political community. Given growing questions about the fate of the nation-state and of national borders in an age of "globalization," this study offers a perspective on the vitality of non-state and corporate political power perhaps as relevant today as it was in the seventeenth century.

Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina and genocidal policies in Guatemala and Rwanda and, finally, to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to publicly engage with traumatic memory work. The various essays offer a kaleidoscopic perspective of new approaches to show how such memory work contributes to transitional justice efforts, demonstrating the complexities of achieving justice and reconciliation through the open expression of shared memories of violence.

Principles of International Economic Law provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. Following recent tendencies, the book sets the classic topics of international economic law, like WTO law, investment protection, commercial law and monetary law in context with aspects of human rights, environmental protection and the legitimate claims of developing countries. The book draws a concise picture of the architecture of international economic law with all its complexities, without getting lost in fragmented details. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. This fully updated second edition covers new aspects and developments including the growing importance of corporate social responsibility, mega-regional-agreements like CETA, TTIP, and TPP, trade and investment related aspects of human rights law.

The emergence of Shaken Baby Syndrome (SBS) presents an object lesson in the dangers that lie at the intersection of science and criminal law. As often occurs in the context of scientific knowledge, understandings of SBS have evolved. We now know that the diagnostic triad alone does not prove beyond a reasonable doubt that an infant was abused, or that the last person with the baby was responsible for the babys condition. Nevertheless, our legal system has failed to absorb this new consensus. As a result, innocent parents and caregivers remain incarcerated and, perhaps more perplexingly, triad-only prosecutions continue even to this day. Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice is the first book to survey the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice systems treatment of what is, in essence, a medical diagnosis of murder. The story of SBS highlights fundamental inadequacies in the legal response to science dependent prosecution. A proposed restructuring of the law contends with the uncertainty of scientific knowledge.

Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.

Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services.
While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

This fully revised and updated version of the Law Society Conveyancing Protocol represents the Law Society's preferred practice for conveyancing transactions of freehold and leasehold residential property. The detailed steps of the Protocol and the new general obligations have been carefully drafted to assist solicitors to: - communicate with the parties involved in the transaction - meet the legal and regulatory requirements - agree timescales and reduce delays - adapt a safer, efficient and transparent process - adopt a common approach - maintain high standards of conveyancing. T his book contains the text of the Protocol and all the forms, guidance and formulae required by solicitors who adopt the Protocol. It also contains relevant new and updated Law Society Practice Notes and SRA Warning Notices. Compliance with the Protocol is mandatory for any firm accredited under the Conveyancing Quality Scheme.

This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (new jurisdictions), and the effectiveness of the pater est rule. The book's contributions are preceded by two introductory articles. The historical introduction addresses the 'cultural constraints argument' which, according to a few legal scholars, prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learned from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States.

We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.