As the uproar over the recent New York State law demonstrates, same-sex marriage is a perennial hot-button issue, certain to impact the 2012 election. Debating Same-Sex Marriage provides a useful roadmap to both sides of this contentious matter. Taking a "point/counterpoint" approach, John Corvino (a philosopher and a prominent gay advocate) and Maggie Gallagher (a nationally syndicated columnist and co-founder of the National Organization for Marriage) consider key questions about the institution itself: What is marriage for? Is marriage meant to be a gendered institution? Why is the state in the business of sanctioning marriage? Where do the needs of children fit in? Will legalization of same-sex marriage lead to legalization of polygamy? Corvino argues that society should support same-sex marriage because of its interest in supporting stable households for all its members, gay and straight alike. Gallagher argues that government recognition of same-sex unions as marriages will disconnect marriage from its key public mission furthering responsible procreation, while stigmatizing traditional views of sex, marriage and family as bigotry. Both agree that the issue deserves thoughtful, rigorous engagement.

This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. The challenge of revealing the subject s full scope to the interested tyro and yet making experts wonder how they had somehow overlooked this or that critical article is fully met. Professors Dinwoodie and Janis and their publisher deserve thanks for bringing this treasure trove within reach of all with an interest in why and how brands are regulated.' - David Vaver, Osgoode Hall Law School, Canada and University of Oxford, UKThis comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organized in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics. 44 articles, dating from 1925 to 2010 Contributors include: B. Beebe, L. Bently, R.S. Brown Jr., W. Cornish, R. Dreyfuss, A. Kur, J. Litman, R. Posner, F. Schechter

Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

This exciting new research review brings together and discusses seminal articles on the subject of transfer of property and private international law, ranging from the early twentieth century to present day. The first part focuses on classic principles concerning the lex situs rule, as well as on specialities regarding immovable property, tangible movable property and intangible property, conditional sale and securities transactions, goods in transit and confiscation of property. The second part is devoted to an in-depth and insightful examination of cultural property and private international law. Thoughtfully composed by the editor, this review provides a valuable source of information for researchers, academics and scholars alike.

Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features - promise, commitment, care, and contract - with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of the moral value of marriage to argue that marriage has no inherent moral significance. Further, the special value accorded marriage sustains amatonormative discrimination - discrimination against non-amorous or non-exclusive caring relationships such as friendships, adult care networks, polyamorous groups, or urban tribes. The discussion raises issues of independent interest for the moral philosopher such as the possibilities and bounds of interpersonal moral obligations and the nature of commitment. The central argument of Part Two, "Democratizing Marriage," is that liberal reasons for recognizing same-sex marriage also require recognition of groups, polyamorists, polygamists, friends, urban tribes, and adult care networks. Political liberalism requires the disestablishment of monogamous amatonormative marriage. Under the constraints of public reason, a liberal state must refrain from basing law solely on moral or religious doctrines; but only such doctrines could furnish reason for restricting marriage to male-female couples or romantic love dyads. Restrictions on marriage should thus be minimized. But public reason can provide a strong rationale for minimal marriage: care, and social supports for care, are a matter of fundamental justice. Part Two also responds to challenges posed by property division on divorce, polygyny, and supporting parenting, and builds on critiques of marriage drawn from feminism, queer theory, and race theory. It argues, using the example of minimal marriage, for the compatibility of liberalism and feminism.

The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in learning and teaching. The book, interdisciplinary and wide-ranging in its reference, breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.

This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and an orderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Burgerliches Gesetzbuch), the German Civil Code (Burgerliches Gesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamic character and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website, www.oup.com/us/romanpropertylaw."

Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

The book examines the correlation between Intellectual Property Law - notably copyright - on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).

This book continues the themes addressed by its two predecessors in this mini-series by examining the role of the principle of the welfare interests of the child in the law of the U.S. and Canada. It provides a record of the key milestones in its development in each country and conducts a comparative analysis of the contemporary law relating to children in both. In doing so, it focuses also on the Indigenous communities - the AN/AI and the First Nations - of the U.S. and Canada respectively. By identifying and analysing the functions of the principle in the public (care, protection and control etc), in the private (matrimonial, adoption etc), and in the hybrid (adoption from care, surrogacy etc) sectors of family law, it builds a picture of the law relating to children in the two countries and reveals significant jurisdictional differences. By examining the legislation and related caselaw it assesses the differential effect of the same legal framework on the welfare of Indigenous and other children. In addition to a digest of cases and legislation that identifies and tracks the role of this legal principle, lawyers, academics and other researchers will find a wealth of information on how it has evolved to reflect corresponding changes in social mores. For those interested in politics and social policy, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework.
One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.

From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.

This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.

The Routledge Companion to Remix Studies comprises contemporary texts by key authors and artists who are active in the emerging field of remix studies. As an organic international movement, remix culture originated in the popular music culture of the 1970s, and has since grown into a rich cultural activity encompassing numerous forms of media. The act of recombining pre-existing material brings up pressing questions of authenticity, reception, authorship, copyright, and the techno-politics of media activism. This book approaches remix studies from various angles, including sections on history, aesthetics, ethics, politics, and practice, and presents theoretical chapters alongside case studies of remix projects. The Routledge Companion to Remix Studies is a valuable resource for both researchers and remix practitioners, as well as a teaching tool for instructors using remix practices in the classroom.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law's pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students' subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings, and the impacts of post-human knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time period when humans have power to impact the Earth system. The Anthropocene is a 'crisis of the earth system'. This book addresses its implications for law and legal thinking in the 21st century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are the leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering and civil disobedience, this handbook will be of enormous interest to academics, students and others with interests in ecological law and the current environmental crisis.

In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).

Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control.
Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retrousse nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0."

The special issue of the "Comparative Law Yearbook of international Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, "inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commetaries on the most recent developments in various jurisdictions, including the approach of the European Union to the problems raised by e-commerce. They discuss the difficulties in relation to jurisdiction arising from the global nature of Internet and the possibilities for dispute resolution between multi national parties to an electronic transaction. The topic is obviously one that will require much attention in the coming years and one which will need strict regulation if electronic commerce is destined to become the trading medium of the future.

A History of American Land Law is the only comprehensive treatise on this important subject. In Volume 1: English Origins and the American Colonial Experience, the author traces the rise of land-related customs and laws in western civilization generally and in the British Isles specifically. The evolution of Celtic, Roman, Anglo-Saxon and Norman laws into the celebrated English common law, and the transmission of this law to the English North American colonies, are described in detail. The narrative reveals the many ways this centuries-long story touched the lives of ordinary people. In Volume 2: Land Law in the American States, the text describes and documents for each state to what extent the English common law and land law became part of that state's basic jurisprudence. In addition, one chapter shows how American states have considered comprehensively reforming certain areas of land law, and the final chapter describes the development of and changes in dozens of American land law topics in modern times. About the author: David A. Thomas is Rex E. Lee Endowed Chair and Professor of Law Emeritus at Brigham Young University's J. Reuben Clark Law School, where he taught from 1974-2012. He has written approximately 50 books and dozens of law review articles, mostly in the areas of property law, legal history, real estate finance, legal history, civil procedure, federal courts and legal education. He is the editor-in-chief and principal author of the 15-volume national property law treatise Thompson on Real Property, Thomas Editions. During his career he received five professor of the year recognitions. He was educated at Brigham Young University (B.A., 1967; M.L.S., 1977) and Duke University (J.D., 1972). His legal education was interrupted for military service, and he returned to law school as a decorated veteran of the U.S. Army's 1st Infantry Division in Vietnam. He and his wife Paula have eight children and live in Orem, Utah.

This book provides an economic account of why trusts exist and how trust law should be shaped. The trust is a key legal institution in the common law world but it has been neglected by the law and economics community until recently. Borrowing theories and doctrines from corporate law and economics, scholars have variously analyzed and described the trust as a tripartite contract, a nexus of contracts, and even a legal entity. These obligational approaches overlook the unique features of trusts for which corporate legal theories have no explanation. Most importantly, they fail to account for the nature of the beneficiary's interest in the trust property.
This book presents an original analysis of the common law of trusts, arguing that trust law is about the trust property and the principal parties' relationships with it. At the same time it questions recent trends in trust law, especially those in offshore jurisdictions. Exotic developments such as non-charitable purpose trusts, settlor-retention of wide powers, and generous trustee exemption clauses have become the new normal and, coincidentally, draw analytical support from obligational accounts. It develops an analysis of trusts from a proprietary perspective, and applies the property-based approach to the economic analysis of trusts - explaining the economic benefits of trusts as an extension of the law of property. It also demonstrates how, once trusts are properly understood as property, it becomes obvious why these novel developments can only be for the worse, and should be reversed.