The fourth edition of Housing Policy in the United States refreshes its classic, foundational coverage of the field with new data, analysis, and comparative focus. This landmark volume offers a broad overview that synthesizes a wide range of material to highlight the significant problems, concepts, programs and debates that all defi ne the aims, challenges, and milestones within and involving housing policy. Expanded discussion in this edition centers on state and local activity to produce and preserve affordable housing, the impact and the implications of reduced fi nancial incentives for homeowners. Other features of this new edition include: * Analysis of the impact of the Tax Cuts and Jobs Act of 2017 on housing- related tax expenditures; * Review of the state of fair housing programs in the wake of the Trump Administration's rollback of several key programs and policies; * Cross- examination of U.S. housing policy and conditions in an international context. Featuring the latest available data on housing patterns and conditions, this is an excellent companion for graduate and advanced undergraduate courses in urban studies, urban planning, sociology and social policy, and housing policy.

Protecting the Brand, Volume I: Counterfeiting and Grey Markets is a handbook for law practitioners as well as business executives. It is a unique perspective of best practices in addressing issues around counterfeiting and grey markets - from a legal as well as a business point of view. The authors explore the threats posed by counterfeiting and grey markets to a variety of industries and illuminate what problems these may cause. Before setting forth the range of legal strategies for remedying incidents of counterfeiting and grey markets, the authors outline preventive measures businesses can take to combat the threats, and showcase some of the emerging technologies that can serve as enablers of Brand Protection's 3 IPR's (3 I's= Intelligence, Investigation, Innovation; 3 P's= Protection, Perseverance, Perpetuation; 3 R's= Remedy, Recovery, Rehabilitation).

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

Design occupies an important place in the modern world, and European legislatures have made many attempts, both technical and legal, to protect works of design. The proposals by the European Community for a Directive and Regulation in this area are a response to the widely perceived need for a homogeneous and systematic protection of designs. These initiatives, however, should be considered in light of the many interests at stake and the various solutions proposed in the wake of the Community's past experience in the field of patents and trademarks. This commentary presents both an analysis of the complete texts of the proposals in their "historical" context through annotation of the preparatory stages in the legislative process, as well as an in-depth interpretation of the provisions, seen through the eyes of some of the leading experts in the field.

This book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.' - Philippe Cullet, University of London, UK'Camena Guneratne's thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic 'commons' from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.' - Paul Martin, University of New England, Australia 'This is a wonderful book. All to often in the quest to preserve biodiviersity, we forget that the equation of equity hs to be the forefront of the debates on sustainable development. Dr. Guneratne rectifies this mistake.This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' - Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favor private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

From the foreword by Richard A. Epstein, New York University, US: 'Chang reviews the various standards and concludes that the proper measure, which is most invulnerable to political manipulation, calls for compensation at the fair market level of the property at its highest and best use, not just its current value.' This innovative volume offers a thorough breakdown of the issues surrounding takings compensation - payments made as reimbursement for government takeover of private property. Using examples from New York City and Taiwan, Yun-chien Chang discusses the advantages and disadvantages of different methods of compensation and offers insightful suggestions for future implementation. In an effort to fill the gaps in the current literature, the author identifies the five previously recognized types of compensation - zero, current value, fair market value, economic value and project value compensation - and uses a combination of previous research and new data to determine which is the most economically efficient. In doing so, he sets out a concrete methodology for the evaluation of takings compensation strategies that should prove vital to future policy decisions. Students and professors of law, economics and public policy will find much of interest in the author's careful analysis, as will policymakers and other government officials working on similar land use issues. Contents: Foreword by Richard Epstein; Introduction; Part I: Theoretical Framework; 1. A New Analytical Framework; 2. Condemnors: Three Behavioral Theories; 3. Condemnees: Four Types of Incentives; 4. Four Assessment Methods; Part II: Empirical Analysis; 5. Taiwan 1977-2009 and Condemnors' Incentives; 6. Taiwan 1954-77 and Condemnees' Incentives; 7. Settled Compensation in New York City and the Power of Hedonic Regression Models; 8. Adjudicated Compensation in New York City and the Failure of Appraisal Methods; Conclusion; References; Index

This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

This research review examines the many facets of the public domain. It discusses key papers, whose topic is the various justifications for a rich repository of publicly-avaliable information, including policies favouring robust competition, free speech, and scientific and technological advance. It also explores problems in ensuring access to public domain works, as well as commons management mechanisms. Perspectives on the dynamic between the public domain and the creation of new works are also presented. This research review is an insightful resource for students and researchers with a consideration of the public domain as an important topic in its own right as well as shedding light on the underlying rationales of intellectual property law.

This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the 'inevitable decay' to which Max Muller says every religion is exposed? Or - if rephrased in terms of the research encapsulated within this book - are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies? Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafi law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.

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

Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase. The Protection of Traditional Knowledge on Genetic Resources analyzes various means of protection for traditional knowledge that cohere with Rawls? and Coase?s specific objectives regarding fairness and efficiency. It utilizes flexibilities provided by binding international conventions in the field in order to propose alternative methods to protect different forms of traditional knowledge. Frantzeska Papadopoulou reaches the conclusion that property, liability and reward systems are forms of protection that fulfill the fairness and efficiency criteria whilst remaining compliant with the general international legal framework. This book is ideal for international property law and development academics and policy makers, especially those working on international property rights (IPRs), as it proposes a novel methodological framework for the evaluation of IPRs.

James E. Penner ponders with much insight both the notion of property and its place in the legal system, and his musings prove fascinating. Penner proposes that the idea of property as a "bundle of rights"--including the right to possess, the right to use, the right to destroy, etc.--is deficient as a concept. That is, it fails to effectively characterize any particular sort of legal relation and evades attempts to determine which rights are crucial to the "bundle." By way of a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation, and then considers how property functions within the broader legal system.

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 examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)

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 critically analyses how the law has facilitated, or hindered, the recognition of same-sex family formations in Ireland, and how it might be reformed to provide greater parental rights for same-sex couples. The book covers four key issues facing same-sex couples: - Civil partnerships: the first chapter analyses the pragmatic and symbolic effects of registered civil partnership, and compares Ireland's decision to discontinue this alternative form of relationship recognition with the UK's recent move towards extending civil partnership laws. - Cohabitation: chapter 2 assesses whether the cohabitation model introduced in Ireland might be effective in other jurisdictions where there are calls for cohabitation law reform. - Marriage equality: chapter 3 explores the initial move to prohibit marriage equality in Ireland, and critiques the subsequent route towards the 2015 referendum, with comparison to the more recent move towards marriage equality in Australia. - Parental rights: the fourth chapter focuses on the legal position of same-sex couples who are parenting children born via Assisted Reproductive Techniques (ARTs), such as donor-assisted human reproduction and surrogacy. In particular, it explores shortcomings in the existing legislation and proposes a viable method of regulating these ARTs via future legislation, partly based on models in operation elsewhere. The book concludes by assessing the impact, or lack thereof, of the European Convention on Human Rights on same-sex relationship recognition, same-sex parenting, and marriage equality, in order to determine whether it could promote increased legal recognition for same-sex families in Ireland.

With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue 'open innovation'. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

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.