Gunfight is a timely work examining America s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns not abortion, race, or religion are at the heart of America s cultural divide. Using the landmark 2008 case District of Columbia v. Heller which invalidated a law banning handguns in the nation s capital as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation."

Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation and the future of the Internet. Each of these involves a battle to control infrastructure resources, to establish the terms and conditions under which the public receives access, and to determine how the infrastructure and various dependent systems evolve over time. Infrastructure: The Social Value of Shared Resources devotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. The book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. The infrastructure commons ideas have broad implications for scholarship and public policy across many fields ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. Economics has become the methodology of choice for many scholars and policymakers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom, which focuses primarily on problems associated with ensuring adequate supply. The author explores a set of questions that, once asked, seem obvious: what drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems and potential solutions.

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.

Established and reliable, Selwyn's Law of Employment continues its legacy as a complete reference guide for students of employment law. Astra Emir has maintained Norman Selwyn's practical approach to the subject, wherein each topic's broad scope is discussed concisely and in an accessible manner, allowing space to reflect on developing issues in this fluid area of law. The straightforward written style and clean layout allows you to navigate the text with ease, and helps to identify legal principles and seminal cases quickly. This textbook includes case law from the UK and EU, and both collective and individual employment law is considered, to offer an inclusive representation of the subject. Digital formats and resources The twenty-second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources, available at www.oup.com/he/selwyn22e/, includes biannual updates to the law, blog posts about prominent employment law topics, and animated diagrams exploring complex legal processes.

The book makes a comprehensive analysis of the basic principles and theories of military law, restructuring the theoretic framework of military law. It also puts forwards the new concepts of "core military law" and "international military law" for the first time in China, and even the world. The book could help legal scholars and lawyers, especially military lawyers and research fellows in military law, to have a new approach to study military law.

Projektvertrage regeln das Rechtsverhaltnis zwischen dem Investor als Auftraggeber und dem Unternehmer als Auftragnehmer. Sie sind bei der Realisierung komplexer Projekte weit verbreitet, vor allem im Anlagenbau, aber auch bei der Beschaffung von Gutern und bei der Softwareentwicklung. In dem Buch werden die wesentlichen Aspekte und Inhalte vor dem Hintergrund der einschlagigen gesetzlichen Regelungen besprochen. Hinweise und Vorschlage zur Vertragsgestaltung berucksichtigen die aktuelle nationale und internationale Unternehmens- und Vertragspraxis."

Declaring War directly challenges the 200-year-old belief that the Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898, and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of the Congress to declare war. This book invokes Carl von Clausewitz's dictum that "war is policy" to explain why declarations of war are an integral part of war and proposes two possible remedies a constitutional amendment or, alternatively, a significant reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral, and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function, and language of declarations of war, and John Austin's speech act theory to investigate why and how a "public announcement" is essential for the social construction of both war and the rule of law."

How have Muslim marriages legally ended around the turn of the 21st century? Who has the power to initiate and resist shari'a derived divorce? When are husbands and wives made to bear the costs of their marital breakdown? What does divorce law indicate about the development of gender regimes in the Middle East and North Africa? This book opens with a description of the historical development of Islamic divorce in the MENA. Subsequent chapters follow a Syrian male judge, a Moroccan female legal advice worker and a Libyan female judge as they deal with divorce cases in which husbands, wives, their relatives and lawyers debate gender roles in contemporary Muslim marriages. MENA 'state feminism' has increasingly equalized men's and women's access to divorce and encouraged discussions about how spouses should treat each other in marriage. The real life outcomes of these reforms have often been surprising. Moreover, as the last chapter explores, jihadi proto-states (such as Islamic State) have violently rejected state feminist divorce law reform. This accessible book will appeal to students, researchers and a general readership interested in Islamic law; Middle Eastern studies; gender and sexuality; and, legal and social anthropology.

To any professional concerned with exceptional children, it would be the greatest understatement to say that the courts and legislatures have had a tremendous impact on the field of speeial education. Especially in the last decade, a flood of litigation filed to develop and define the right to education of previously unserved handicapped children has left no special education teacher, school adminis trator, nurse, educational psychologist, or pediatrician unaffected-either be cause these professionals are daily called upon to help children, or because they may come forward as witnesses on behalf of children who are the subjects of special education meetings, individualized education programs, placement hear ings, or judicial proceedings. Thus, for these people, questions regarding a student's legal rights are immediate and pervasive. This book developed out of the need to provide nonlegal professionals with a lawyer's view of the huge body of court cases and federal laws and regulations that affect their practice as well as their students and clients. An introductory chapter provides the historical basis of the current interface between law and special education. The Education for All Handicapped Children Act of 1975 and Sec tion 504 of the Rehabilitation Act of 1973, and their regulations promulgated in 1977, are the major national laws in the field ~nd are therefore described in Chapters 2 and 3.

Religion, Law, and the Present Water Crisis documents current and impending global water shortages and opposes policies of commodification and privatization of water ownership by multinational water corporations. On the basis of the religions of the world, Richard A. Hughes appeals to pure, running water as a symbol of the sacred. Furthermore, he argues that all bodies of freshwater are commons and that they should be protected by the public trust doctrine. In addition, he contends that there is a right to water and that this right is independent, free-standing, and the prerequisite of other human rights, applying to all states and occupied territories. The increasing acidification of the oceans makes it mandatory to protect them under the reserved water right doctrine and to designate them as "national parks" of the seas. More generally, this book presents a synthesis of water studies and encompasses the religions of the world, theologies of baptism, American water law doctrines, public trust doctrine with special attention to Islamic water law, and international water law treaties. Clean water is a necessity of life. Therefore, it is compelling to recognize the urgency of water scarcity and the need to guarantee the purity of and accessibility to water for all people.

The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations-such as expanding access to existing databases and using technology to create new databases-that increase transparency while protecting the need for privacy.

This book presents the state-of-the-art environmental governance research and practices in Indonesia. It offers a wide scope, covering different sectors (e.g., forestry, mining) and geographical landscapes (e.g., inland and coastal areas). This book engages with existing theories and frameworks, including Earth System Governance, Adaptive and Interactive Governance, among others to trigger a debate regarding the operationalization of such concepts, which are mostly developed for the Global North context. It is also our ambition to incorporate more empirical knowledge from local contexts to indicate research gaps and future directions for environmental governance research agenda to be more diverse, inclusive, and facilitate the incorporation of inter-and transdisciplinary knowledge. This book will be useful for researchers, students, practitioners, and policymakers who are interested in the field of environmental governance, especially in Indonesia. Indonesia is one of the countries with the fastest-growing economies in Asia. Indonesia is rich in natural resources but also suffers from overexploitation and environmental threats exacerbated by climate and human pressures. Along with the growing global ambitions for achieving sustainable development and capacity to adapt to current and future threats, including climate change impacts and disaster risk, Indonesia's commitments to balance development while safeguarding a good environmental status are also increasing. The challenge is on how to govern complex and systemic natural, social and governance systems while adhering to the principle of equity and justice? As it will require more than traditional hierarchical modes of governance and current regulatory instruments (i.e., law and regulations). This is an open access book.

In Peaceful Islamist Mobilization in the Muslim World: What Went Right , Julie Chernov Hwang presents a compelling and innovative new theory and framework for examining the variation in Islamist mobilization strategies in Muslim Asia and the Middle East.

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and United States experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. Whether these concepts can be applied successfully to the often grim political and social realities of their countries will provide invaluable insights into whether such a fusion can be sustained, and may even pave the way for a new era of constitutionalism in Islamic countries.

The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct," which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.

"We need to seamlessly integrate IPR in the standard graduate/post graduate courses in science, technology, commerce, creative arts, etc., without over burdening the students with law"
-Dr Prabuddha Ganguli, CEO, VISION-IPR
Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech."

Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR process"

Designed for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies.

The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements.

Integrating use of the IPRinternalise(r) model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.

Based on the expertise of thirty leading experts on confiscation in the EU, this is the first book to analyse the practice of proceeds from crime confiscation in the original fifteen EU Member States. It examines the implementation of confiscation provisions in all three (investigative, judicial and disposal) phases of confiscation proceedings. It quantifies the enforcement of confiscation provisions in the EU, using an innovative and unique methodology and thereby furnishes understanding of obstacles and best practices.

The conclusion of the book is that the 'tough on criminal wealth' philosophy is largely alien to the everyday practice of law enforcement agencies. Putting criminals behind bars is still the main aim of the system, and most of the scarce resources available are devoted to achieving this.

This title is of interest to academics and students in the fields of criminology, sociology, and law, as well as to law enforcement officers, public prosecutors, and policymakers.

This book analyses the social and legal functions of adoption in selected societies worldwide, and reviews the current global wave of adoption law reform. The author explores trends such as inter-country adoption, and examines similarities and differences in the experience of many nations. The book also provides a window for testing the presumption that within and between cultures there exists a common understanding of what is meant by adoption.

Given the increasing role of intellectual property (IP) in academic research, it is important for academic scientists to gain greater awareness and knowledge of the various issues involved with IP resulting from their research and inventions. In addition, the line between academic and industrial research has been blurred, and a large amount of crossover exists due to corporate funding of academic research and collaborations between company and university laboratories. These and other factors have complicated the push toward technology transfer in universities. As commercialization has become inseparable from university research, there is now an essential need for academics to have a greater understanding of the processes involved. Intellectual Property in Academia: A Practical Guide for Scientists and Engineers fills this need, providing an indispensable source of information for researchers in academia.

You've Just Invented a Gadget - What Now?

Written by a select team of IP professionals, most of whom also have years of experience as scientists, this volume addresses IP issues relevant to the academic community-including ways to efficiently deal with the structural constraints inherent in the university environment. Scientists and engineers will benefit from the authors' insights and their advice on how to establish good communication with university Offices of Technology Transfer. This perspective affords a common language and facilitates a smoother path through IP procedures. The book covers the best approaches to determine invention novelty by prior art searching and gives step-by-step guidance in using the best modern electronic patent databases. It presents a unique practical approach for assessing the monetary value of ideas and provides software for invention valuation, which can be used even during the early stages of an invention's development. The book also discusses invention ownership, which is a crucial issue for scientists employed by universities.

Get Answers to Your Questions about the Steps in Invention Commercialization

Taking a more comprehensive approach than a basic how-to book on patent law, this reference answers inventors' frequently asked questions about employment legislation as well as business and market estimation, invention priority registration, and other necessary steps for the successful commercialization of university inventions. It presents encouraging examples of academic patent successes, describing both the right moves and common mistakes made by scientists. It also provides practical advice on patent writing, filing, and prosecution, useful for both academic and industrial researchers. Other key topics addressed by the text include using copyrighted material, protecting material with copyrights, crucial IP legislation, business models, and new trends and changes in the U.S. patent office. In short, readers will find that this book provides a pathway for easing their journey through the IP process.

Peter Derleder, Universitatsprofessor und herausragender Zivilrechtsdogmatiker, Mitherausgeber, Kommentator, Kritiker, Praktiker als Richter und Rechtsanwalt, engagierter Lehrer, Foerderer und Prufer des wissenschaftlichen Nachwuchses, Literatur- und Kunstliebhaber, begeht am 3. Marz 2015 seinen 75. Geburtstag. Um ihn zu ehren, haben sich Freunde, Kollegen, Mitstreiter und Weggefahrten zu einer facettenreichen Festschrift zusammengefunden, die seinem Wirken in den vergangenen 10 Jahren gewidmet ist und thematisch vor allem die derzeitigen Arbeitsschwerpunkte des Jubilars im Miet- und Wohnungseigentumsrecht, im Bank-, Insolvenz- und Verbraucherrecht, aber auch zu Grundfragen des Zivilrechts, des Rechts wie der Gerechtigkeit uberhaupt in Bezug nimmt.

The authenticity of memories of childhood sexual abuse has become one of the major social controversies of the 1990's. As persons who report histories of abuse have sought remedies in civil and criminal proceedings in the courts,the accuracy of their memories--particularly when they have been recalled after a period of time--has been subject to intense scrutiny. This volume brings together many of the leading participants in the debate. Beginning by defining opposing positions, the contributors offer a variety of perspectives on the nature of the memory, including reviews of some of the most exciting recent developments in this fast-moving area of investigation. Next, consideration is given to the impact of trauma on memory, both in adults and in children. With this framework in place, the authors then turn to an examination of the variety of treatment approaches available to help patients who have been victims of trauma and who are struggling with memories of those events. Finally, they address the legal dilemmas for patients, mental health professionals, and society as a whole that have arisen from the trauma and memory controversy. As a whole, this book provides an unparalleled examination of this important and intriguing issue.

Alternative Formen der Streitbeilegung etablieren sich zunehmend. In Arzthaftungssachen gehoeren die Verfahren vor den bei den AErztekammern angesiedelten Gutachterkommissionen und Schlichtungsstellen mittlerweile zum Standardrepertoire der Konfliktloesungsmoeglichkeiten. Die Zweckdienlichkeit der Mediation bei Stoerungen im Arzt-Patient-Verhaltnis ist bislang jedoch kaum thematisiert worden und entsprechend wenig geklart. Die vorliegende Schrift stellt sich erstmalig der Aufgabe einer umfassenden Untersuchung. Sie stellt die Konfliktpotentiale dieser besonderen Beziehung eingehend dar und diskutiert die Eignung der Mediation als Konfliktloesungsmoeglichkeit. UEber die reine Streitbeilegung hinaus wird Mediation als Instrument zur gemeinsamen Loesungsfindung eroertert und aufgezeigt, dass sie speziell in ethischen Grenzbereichen Potentiale birgt. Die Arbeit bietet eine eingehende Analyse der Einsatzmoeglichkeiten und der Grenzen von Mediationsverfahren bei den verschiedensten Stoerungen im Arzt-Patient-Verhaltnis.