Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government's wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary's recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.

Verification in an Age of Insecurity takes the reader into some of the most urgent arms control issues facing the world community, including the nuclear activities of rogue states and threats from sophisticated non-state actors. In the book, national security expert Philip D. O'Neill, Jr. identifies and addresses issues from the resuscitated disarmament agenda, from the comprehensive test ban to fissile material and biological weapons. O'Neill examines the need for shifts in verification standards and policy suitable for our volatile era and beyond it. He surveys recent history to show how established verification procedures fail to produce the certainty necessary to meet today's threats. Verification in an Age of Insecurity goes beyond a discussion of rogue states like North Korea to offer suggestions on how best to bring compliance policy up to date with modern threats.

This book is situated in the wider theoretical framework of civil and commercial law in the context of the tensions and conflicts arising between the Islamic law and western legal systems. The book deals with the genre of Mukhtasar in Islamic law and the significance of its emergence in the development and formation of Islamic law. These compositions of Mukhtasar are authored texts by individual jurists claiming independently to personal hermeneutical interpretations in producing and reproducing them. These compositions of Mukhtasar do not simply reproduce the legal rulings of eponyms of schools of law in an abridgement as traditionally it has been understood. Most importantly, the purpose for which they were composed was to provide hermeneutical accounts of the formation of Islamic law incorporating all essential expanded additional elements which have developed over the course of time. The authors of these compositions of Mukhtasar continue the hermeneutical formation of Islamic legal system.

The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.

If you license or publish images, this guide is as indispensable as your camera. It provides specific information on the legal rights of photographers, illustrators, artists, covering intellectual property, copyright, and business concerns in an easy-to-read, accessible manner. The Copyright Zone, Second Edition covers: what is and isn't copyrightable, copyright registration, fair use, model releases, contracts and invoices, pricing and negotiation, and much more. Presented in a fun and easy to digest style, Jack Reznicki and Ed Greenberg, LLC help explain the need-to-know facts of the confusing world of legal jargon and technicalities through real world case studies, personal asides, and the clear writing style that has made their blog Thecopyrightzone.com and monthly column by the same name in Photoshop User magazine two industry favorites. The second edition of this well-reviewed text has almost doubled in size to ensure that every legal issue you need to know about as a photographer or artist is covered and enjoyable to learn!

Why are women still at a disadvantage in Chinese divorce courts? Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice. Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.

Regulating Obesity?: Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In it, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess gain have largely failed to resolve obesity and have instead fueled prejudice against fat people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes. Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation. Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions-marketing, fiscal policy, and physical activity-and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population. Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.

The followers of the martyred Bohemian priest Jan Hus (1371-1415) formed one of the greatest challenges to the medieval Latin Church. Branded as heretics, outlawed, then forced to fight for their faith as well as their lives, the Hussites occupy one of the most colorful and challenging chapters of European religious history. The essays reprinted in this book (along with one here first published in English and additional notes) explore the essence of the early Hussite movement by focusing on the nature and development of heresy both as accusation and identity. Heresy and Hussites in Late Medieval Europe first examines the definition of heresy, and its comparative nature across Europe. It investigates the unique practices of popular religion in local communities, while examining theology and its unavoidable conflicts. The repressive policy of crusade and the growth of martyrdom with its inevitable contribution to the formation of Hussite history is explored. The social application of religious ideas, its revolutionary outcomes, along with the intentional use of art in pedagogy and propaganda, situates the Czech heretics in the fifteenth century. An examination of leading personalities, together with the eventual and more formal church administration, rounds out the study of this remarkable era.

Crises are never the best of times and the era of the Great Western Schism (1378-1417) easily qualifies as one of the worst of times. As a professor of canon law at the University of Padua and later cardinal, and as a major theorist in the conciliarist movement, Franciscus Zabarella (1360-1417) tried to do what a good legal mind does: find and explicate a viable and legal solution to the crises of his time, a solution that would stand up in his own era and for the generations that followed. In this volume Thomas Morrissey looks at what he said, wrote and did, and places him and his thought in the context of the late medieval and early modern era, how he reflected that world and how he influenced it. Particular studies elucidate what he wrote on the authority and on the duty of the people in power, what they could do and should do, as well as what they should not do. They also show how he explored the area of early constitution law and human rights in civil and religious society and that his work leads down the road to our modern constitutional democratic societies. The volume includes two previously unpublished studies, on the situation in Padua c. 1400 and on a sermon from 1407, together with an introduction contextualizing the articles.

The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

The second volume of the series "Key Concepts in Interreligious Discourses" points out the roots of the concept of ''human rights'' in Judaism, Christianity and Islam. It shows how far the universal validity of ''human rights'' opposes in some crucial points with religious traditions. The volume demonstrates that new perspectives are introduced to the general discussion about human rights when related to religious traditions. Especially the interreligious viewpoint proves that a new kind of debate about human rights and its history is necessary.

As a psychotherapist, what do you need to know about the law? How does the legal system support (or fail to support) your work or the delivery of mental health services generally? What can you do to make use of the law and the legal system to improve your practice and to protect yourself? Filling a significant gap in the social work and other psychotherapeutic literature, Legal Issues in Social Work, Counseling, and Mental Health presents clearly and comprehensively what mental health and other direct practice professionals need to know to respond to the legal issues that surround practice. This volume covers a wide range of topics, including providing testimony, responding to subpoenas, dealing with an attorney, influencing the legal system, and understanding the legal side of the business of psychotherapy. The author also discusses various direct practice and human service issues, incorporating some of the everyday legal issues these professionals encounter and using case material. The book educates counselors and clinicians on the function of the law in their professional lives. Through cases and case vignettes, the author illustrates the legal processes relevant to cliniciansAE professional lives, and suggests "alternative behaviors for clinicians that would satisfy legal requirements, yet remain within sound practice." Helping to demystify the legal system, Legal Issues in Social Work, Counseling, and Mental Health will allow professionals and students in social work, human services, family studies, counseling, clinical psychology, pastoral counseling and psychotherapy a better understanding of the law.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

This edited collection is grounded in a green criminological approach to understand whether the law, both in effect and implications, reflects, refracts, or sublimates the social, political and ecological conditions of our times. Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole. As a continuously blossoming field of criminological inquiry, green criminology recognizes and examines behaviours that are both illegal and legal (yet detrimental), and in varying ways has made great efforts to provide insight into harms in a more fulsome manner. At the same time, there have been many significant legal instances, domestic, and international, including case law, legislation, regulation, treaties, agreements and executive directives which have troubled the law's understanding of green harms, illegal and legal activity, pushing legal boundaries in the process. Recognizing that humanity and nature are inextricably integrated, Green Criminology and the Law reflects the range and depth of high-quality research and scholarship, combining contributions from established scholars willing to explore new topics and recent entrants who are breaking new scholarly ground.

This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the "legal system development support" that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan's support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible.
In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them.
By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

The first eleven essays in this collection treat the application of Islamic law in qadi courts in the Maghrib in the period between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), the essays examine family law cases involving legal minority, guardianship, divorce, inheritance, bequests, and endowments. Cumulatively, the cases bear witness to the effectiveness and efficiency of the Islamic judicial system in this period. Contrary to popular perceptions, the cases demonstrate that Muslim jurists placed a high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted with, and shaped, each other. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped the modern western scholarly understanding of Islamic law.

This work studies not only the philosophical and religious underpinnings of Sharia law, but case material and legal statistics to analyse its application in the area of personal status law in the Sudan. It stresses marriage, divorce, child custody, women's status and social movements for change.

In many parts of Africa three different systems of laws are concurrently applied - the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

Originally published in 1939. After the death of Muhammad his community was ruled by three caliphs who kept their capital as Medina, the City of the Prophet. Under the rule of the caliphs those who did not confess the Muslim faith were under certain restrictions both in public and private life. This volume examines the social, cultural, religious and economic aspects of this period and includes chapters on: Government Service; Churches and Monasteries; Christian Arabs, Jews and Magians; Dress; Financial Persecution, Medicine and Literature and Taxation.