First published in 1987. Routledge is an imprint of Taylor & Francis, an informa company.

Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.

First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.

The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers. Contributors: S.D. Anderman, R.B. Bakels, S.J.R. Bostyn, D.L. Burk, V. Di Cataldo, V. Falce, C. Geiger, R.M. Hilty, C.M. Holman, M.A. Lemley, A. Ottolia, J. Pila, J.R. Thomas, P.L.C. Torremans

First published in 1986. Routledge is an imprint of Taylor & Francis, an informa company.

There is no room for error in the drafting of Wills because when a Will comes into effect the testator is not present to revise, amend, interpret or give instructions as to his intentions. This places a special onus on the drafter to be linguistically precise and technically correct. Failure to adhere to the minutiae of the technicalities and legalities have led to many a family dispute, costly litigation, and delays in the winding up of estates, causing both emotional and financial hardship to the family of the deceased. This practical guide, written by a specialist in the drafting of wills, covers all the processes, considerations and technicalities involved in correct and sound drafting of wills, covering details that are vital to good testamentary practice. It is essential reading and reference for all professionals involved in the drafting of wills and in the administration of deceased estates, including lawyers, accountants, tax advisers, bankers, insurers, and testators themselves. The book is based on the latest developments in the law and recent judgments pertaining to Wills. As both a practitioner and lecturer in the field of deceased estates, Ceris Field brings a wealth of knowledge and experience to the subject of drafting of Wills.

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.

Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the diffusion of innovations. Does stronger IPR protection in a developing country encourage technology development in or technology transfer to that country? This book aims to address the issue, covering diverse forms of IPRs, varied actors in innovation, and multiple case studies from Asia and Latin America. IPRs and their interaction with other factors such as such as the quality of knowledge institutions (e.g. academia, public research institutes or industrial research centers such as science parks), availability of trained human capital, and networks for research collaboration or interaction (e.g. university-industry research collaboration or international collaboration) in a development context, is the subject of this book.Intellectual Property for Economic Development: - Considers the diverse forms of IPRs and technology transfer and their implications for economic development. - Analyzes the role of inventors in different contexts including those in universities and in domestic and international mobility and collaborations. - Presents in-depth analyses of specific issues involving IPRs in the context of countries at different levels of development, including Mexico, China and Korea. Focus is paid to the differences between East Asia and Latin America. This book will appeal to academics and researchers in the areas of development economics, the economics of IP, law and economics and IP innovation. Contributors: S.A. Ahn, C.R. Duran, B.H. Hall, A. Hu, S. Karmakar, J. Kim, Y.K. Kim, K. Lee, S. Lee, D.C. Lippoldt, G. Marschke, F. Montobbio, S. Nagaoka, T. Naotoshi, K.-H. Park, W.G. Park, V. Sterzi, J. Suh

First published in 1985. Routledge is an imprint of Taylor & Francis, an informa company.

This title is the first to explore how authorship is changing in a digital age, particularly focusing on how restrictive copyright laws are endangering the future of culture. The act of creation requires us to remix existing cultural content and yet recent sweeping changes to copyright laws have criminalized the creative act as a violation of corporate rights in a commodified world. Copyright was originally designed to protect publishers, not authors, and has now gained a stranglehold on our ability to transport, read, write, teach and publish digital materials. Contrasting Western models with issues of piracy as practiced in Asia, "Digital Prohibition" explores the concept of authorship as a capitalist institution and posits the Marxist idea of the multitude (a la Antonio Negri and Michael Hardt, and Paulo Virno) as a new collaborative model for creation in the digital age. Looking at how digital culture has transformed unitary authorship from its book-bound parameters into a collective and dispersed endeavor, Dr. Guertin examines process-based forms as diverse as blogs, Facebook, Twitter, performance art, immersive environments, smart mobs, hacktivism, tactical media, machinima, generative computer games (like Spore and The Sims) and augmented reality.

This book considers the question of spatial justice after apartheid from several disciplinary perspectives - jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt's terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law's spatiality in a "postcolonial" era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the "colonial nomos", on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt's account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

Written with the busy practitioner in mind, this concise and insightful book sets out the principles that guide the courts in interpreting contracts. Each principle is covered in its own dedicated chapter, supported by case law which illustrates how the principle works in practice and in its wider context. In addition to interpretation of contracts, the book also considers the implication of terms, rectification, and estoppel by convention. This new edition considers the implications of key decisions of the Supreme Court in Arnold v Britton and Marks & Spencer v BNP Paribas, and BNY Mellon v LBG Capital. Other writing, including from judges writing extra-judicially, is also analysed. This book provides an invaluable reference for lawyers drafting, interpreting and litigating on contracts.

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries - Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia - selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters - one on the history of design and the other on the history of design law - authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages - and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' IP rights.The editors have carefully structured the book to ensure that there is a thorough analysis of how commercial values arising at the margins of classic IP rights are regulated. As new regimes of regulations emerge, the question of how existing IP regimes inform and influence the judicial and legislative creation of 'substitute' intellectual property rights is explored. By doing this, the contributors interrogate the very boundaries that constitute what IP rights traditionally protect and cover. Should all investments in anything intangible and 'intellectual' - such as product shapes, personality, data and organization of an event - be protected as property? Should there be qualitative differences among the types of investments and achievements? These are just some of the interesting questions addressed in this important new book. Academics, policymakers, lawyers and many others concerned with IP rights, will benefit from the extensive and thoughtful discussion presented in this work. Contributors: T. Aplin, S. Ericsson, J. Griffiths, A. Kur, N. Lee, S. Maniatis, A. Ohly, A. Quaedvlieg, G. Rinkerman, K. Schmitt, Y. Tamura, N. van der Laan, G. Westkamp

Key Facts Key Cases: Tort Law will ensure you grasp the main concepts of your Tort Law module with ease. This book explains the facts and associated case law for: The torts of negligence, occupiers' liability and nuisance Strict liability torts The torts of trespass to land and trespass to the person Torts involving goods Torts affecting reputation Employment related torts Available remedies Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust - so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This book discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings. In so doing, the text not only provides necessary information about the special nature of national and international trust arbitration, it also bridges the gap between trust law and arbitration law by bringing together authors with expertise in both fields. Furthermore, this book is the first to provide detailed and critical analysis of various institutional initiatives in the area of trust arbitration (including measures proposed by the American Arbitration Association, the American College of Trust and Estate Counsel, the English Trust Law Committee, and the International Chamber of Commerce) and to offer in-depth coverage of various national, international, and comparative issues, including the applicability of the New York Convention and the Hague Trust Convention to internal trust arbitration. As a result, this book is a must-have for specialists in both trust law and arbitration law.

From the BESTSELLING Law Express revision series. Law Express Question and Answer: Family Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

High-Conflict Parenting Post-Separation: The Making and Breaking of Family Ties describes an innovative approach for families where children are caught up in their parents' acrimonious relationship - before, during and after formal legal proceedings have been initiated and concluded. This first book in a brand-new series by researchers and clinicians at the Anna Freud National Centre for Children and Families (AFNCCF) outlines a model of therapeutic work which involves children, their parents and the wider family and social network. The aim is to protect children from conflict between their parents and thus enable them to have healthy relationships across both 'sides' of their family network. High-Conflict Parenting Post-Separation is written for professionals who work with high-conflict families - be that psychologists, psychiatrists, child and adult psychotherapists, family therapists, social workers, children's guardians and legal professionals including solicitors and mediators, as well as students and trainees in all these different disciplines. The book should also be of considerable interest for parents who struggle with post-separation issues that involve their children.

This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research. Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource. Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schoenenberger, K. Siehr, A.F. Vrdoljak

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.