This Research Handbook explores contemporary intangible cultural heritage (ICH) from the perspectives of both law and heritage. It questions, probes and interrogates many different aspects of contemporary ICH, including the definitions and legal frameworks designed to safeguard it. In doing so the Research Handbook highlights not only gaps and inconsistencies, but also questions the relevance, of the legal framework as it applies to ICH itself. Each chapter is concerned with a different aspect of contemporary ICH, international treaties and the law, including the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. A diverse range of contemporary examples are explored, ranging from the local and global identity of migrant children, to language and the Berlin techno music scene. Taken collectively, and with its focus on ?'contemporary?' culture, this Handbook is a departure from the established discourse that tends to include some forms of heritage to the exclusion of others. The authors challenge the authority of existing legal instruments, expose their limitations and propose innovative ways in which contemporary forms of ICH can be safeguarded, whether via the law or other means. This innovative Handbook will be of great interest to academics researching the legal protection of ICH and the relationship between ICH, human rights, communities, identity and international trade. Those with an interest in the protection of a-typical intellectual property will also find this Handbook to be a source of valuable information. Contributors include: L. Belder, J. Blake, M. Blakely, A. Brown, J. Brown, N. Chipangura, L. Colomer, C. Cummings, Y. Donders, H. Enright, A. Figaroa, S. Harding, L. Lixinski, F. Macmillan, M. Pavis, J. Schofield, V. Vadi, J. van Donkersgoed, A. Vavaide, C. Waelde

The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.

On November 20, 1989, the United Nations unanimously adopted the Convention on the Rights of the Child. Therefore, November 20 has become a date which signals the recognition by the international community that children have developmental and autonomy rights as essential benchmarks for children themselves and for those responsible for their well-being and healthy development. However, as long as society, through international cooperation, lacks serious investment in child development, the rights of all children especially the rights of young children and children living in exceptionally difficult conditions are soft rights only. The emancipation of the young child and the rehabilitation and emancipation of those who are deprived, exploited, abused, and neglected remain in a legal shadowland. This book explores this legal shadowland, introducing the concepts of the 'Trias pedagogica' and 'Transism, ' in order to shed light on the obligations and responsibilities of states and other actors in the empowerment of children, caregivers, and communities.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

For this comprehensive collection, the editor has brought together key readings on the subject of the law and economics of intellectual property rights - patents, copyrights and trademarks. It provides a judicious selection of the most important published research on this crucial topic, drawing equally from the law and economics literature. It thus brings together frequently cited classic articles that are rarely encountered in a single published source. The articles have been selected on the basis of three primary criteria: their continuing influence in legal and economic discussions; their longevity (important in a field where the volume of published work is very large and growing very quickly); and their relevance to contemporary theoretical and policy debates. The chosen writings delve deeply into theory, empirics, and institutional detail, ranging from Edwin Mansfield's early, influential study on patents and imitation costs, to very recent work on the relationship between copyright law and the first amendment. This collection makes an indispensable desk reference for scholars of intellectual property rights.

This title provides a one-stop resource for understanding the crisis of homelessness in the United States. It covers risk factors for homelessness, societal attitudes about the homeless, and public and private resources designed to prevent homelessness and help those in need. There are a number of questions to be answered when addressing the subject of homelessness in the United States. What are the primary causes of homelessness? What are the economic and socioeconomic factors that have an impact on homeless people? What demographic trends can be identified in homeless populations? Is the U.S. addressing the needs and concerns of homeless people adequately? Where are the areas with the highest homeless populations? What can be done to help homeless people who live with mental illness and/or addiction problems? Homelessness in America: A Reference Handbook answers all of these questions and more. It thoroughly examines the history of homelessness in the U.S., shining a light on the key issues, events, policies, and attitudes that contribute to homelessness and shape the experience of being homeless. It places special emphasis on exploring the myriad problems that force people into homelessness, such as inadequate levels of affordable housing, struggles with substance abuse, and gaps in the U.S.' social welfare system. In addition, it explains why some demographic groups are at heightened risk of homelessness. Original essays that provide insightful perspectives on causes and effects of homelessness Tables, graphs, and charts that provide important data for understanding various facets of homelessness A chronology of important events, laws, policies, and reforms pertaining to homelessness A glossary of terms used in the study of homeless populations

Provides construction industry professionals with a practical and detailed guide to the NEC4 contract The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4. Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the'spirit of mutual trust'; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more. A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract Provides detailed guidance on the use of the agreement, which is claimed to offer increased flexibility, improved clarity and greater ease of use Written specifically for people actually using and administering the NEC contracts Features 3 appendixes covering tables of clause numbers, case law and statutes; employer's, project manager's, supervisor's, contractor's and adjudicator's actions; and communication forms and their uses. First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.

This book covers a complex and broad area of law for property lawyers to contend with. Dealing with the impact of covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. The volume of case law on this topic is extensive. This book includes coverage of positive covenants and planning covenants and is updated to include the major Supreme Court case on restrictive covenants, Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] 1 WLR 4783 and other major Court of Appeal decisions. It also deals with the special position of local authorities in relation to land covenants, and has coverage on freeing land from restrictions. The book is divided into four main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III - Planning Obligations; Part IV - Reform. This title is included in Bloomsbury Professional's Property and Land Law online service.

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

When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References

"This Handbook is sure to become the ultimate sourcebook for everyone involved in the emerging field of nanotechnology. I would strongly recommend that any entrepreneur who wishes to begin a nanotechnology company and any investor who wishes to seek funding opportunities in nanotechnology read this work cover to cover. By providing the tools to evaluate this emerging discipline, it is a modern day Pilgrims Progress for professionals in the field."
-Doug Jamison, President and CEO, Harris & Harris Group, Inc.

"This Handbook adeptly explores the complex challenges nanotechnology poses for policy makers and the business community with regard to regulations, intellectual property rights, export control issues, and public and private financing. As a member of Congress active in advancing the development of nanotechnology, I will make great use of the conclusions the authors reach and the recommendations they make as I work with my colleagues on crafting future nanotechnology policy."
-U.S. Representative Mike Honda (CA)
member, House of Representatives Committee on Science

"Chapter by chapter, this book provides comprehensive discussions of the forces that drive the business of nanotechnology today, providing invaluable assistance in avoiding the pitfalls that await start-ups and long-standing corporations alike. It captures the journey we've been through these last few years, and offers the lessons we've learned to those who follow. Every new CEO or CFO of a high-tech company will find this book an invaluable resource."
-John H. Belk, Boeing Technology Ventures, Phantom Works
Chairman, Nanotechnology Steering Committee

"Miller and his colleagues haveattempted a Herculean task and have succeeded with great aplomb. The chapters on FDA review, EPA regulations, and export controls are particularly valuable and not easily accessible elsewhere. Value creation in a nanotech firm is all about intellectual property, and Miller's team excels in this area. The authors are also very adroit at putting a spin on business issues as they specifically apply to nanotech."
-David E. Reisner, PhD, President & CEO of The Nano Group(TM), Inc.
its subsidiaries, Inframat(R) Corp. and US Nanocorp(R), Inc.

"This is the first book to offer in-depth coverage of business, legal, and policy issues for the field of nanotechnology. It is a great resource for anyone seeking to read about the early leaders in nanotechnology business, as well as an authoritative guide for navigating the maze of legal and policy issues facing emerging nanotechnology enterprises."
-Stephen Maebius, Partner at law firm of Foley & Lardner
Leader of the Nanotechnology Industry Team

This book explores the impacts of current mining licensing regimes in Africa and how they influence sustainable development principles. International law and conventions on mining are used as a lens to examine a regionalized perspective of the history of mining law and customary land law. Alternative approaches are then suggested, through a comparative and sovereignty-based study of mining laws and policies, to see how the challenge of uneven development can be combatted using minerals. This book aims to highlight how mineral possessions can transform communities if the economic policies, customary law structures, and the geopolitical landscape guarantee inclusivity and equal partnerships. It will be relevant to researchers and policymakers interested in mineral economics, mining law, and African economies.

Expert medical evidence is often essential and pivotal in support or defence of medical negligence. Such cases invariably involve questions of technical and factual complexity requiring the evaluation of conflicting expert medical testimony. In this book, the first standalone textbook on expert evidence in South Africa, the authors expound and extrapolate the whole process from the initial obtaining of the relevant health records to the eventual testimony of the medical expert witness in court. The authors offer an instructive guide to busy practitioners to assist them with - Identifying the correct expert speciality or sub-speciality, The construction of a medico-legal opinion, The status of joint minutes of such experts, The preparation of an expert's examination-in-chief, Cross- and re-examination of an expert. Expert evidence in clinical negligence also discusses the invaluable role of experts in the resolution of medical malpractice disputes by way of mediation. Relevant case law and the applicable uniform rules of court are comprehensively discussed and set out in the footnotes for ease of reference.

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).

An examination of how the U.S. court system has shaped the boundaries of a central building block of American society from the colonial era to the present day. Marriage on Trial: A Handbook with Cases, Laws, and Documents explores the evolution of marriage, a seemingly static institution that, in reality, has been dramatically redefined over time. An illuminating introduction tracing the reasons for ongoing controversies leads to a historical overview of the ways in which marriage has evolved, with a particular emphasis on women, racial minorities, polygamists, and homosexuals. A review of significant court cases that represent key arguments regarding marriage-legal identity of women, polygamy, interracial marriage, rights of unmarried couples, and same-sex marriages-illustrates how the legal system has shifted with the changing mores of society. Will Americans ever tolerate polygamy? Will gay marriages be legally recognized? Scenarios of these and other possibilities for the future suggest that more change is in store. A-Z entries on critical events like the feminist movement, issues such as palimony, and key individuals Chronology of the most important events in the legal history of marriage, including the Loving v. Virginia case, which overturned the state's ban on interracial marriage

Discussion of labour law issues from a regulatory perspective is often heavily influenced by certain types of economic analysis and tends to support deregulation of labour markets. While many European countries and the EU itself are committed to ideals of labour standards expressed in such documents as the Charter of Social Rights, there is a noticeable hesitation in enacting these rights due to the fear of adverse economic consequences. The essays in this volume aim to redress the balance in the contemporary regulatory debate by embracing other interdisciplinary perspectives and scrutinizing carefully the justifications for and against special regulation for employment contracts. The book examines labour law as the regulation of a particular kind of contractual relationship, that is, contract of employment, and of the institutional framework, including trade unions, collective bargaining, managerial hierarchies, government departments and agencies, within which it operates. This perspective differs from that of most contemporary studies of labour law by emphasising its public, regulatory character, rather than its origin in private law. Thirty-one expert papers explore a range of issues affecting employment regulation and protection in international, EU and English law, including labour law and economic theory, EU discrimination law, collective bargaining and consultation, regulation of public services, stakeholding, labour market deregulation, the impact of competition law, trade union rights, transfer of undertakings, contract law, unfair dismissal and self-regulation. Together the essays comprise a fundamental reassessment of the need for special regulation of the employment relation. This collection of essays arose from the W.G. Hart Legal Workshop, held at the Institute of Advanced Legal Studies, London, in 1999.

This work on the law of pension trusts comprehensively fills a gap in the provision of good commentary on pensions law, both from a practical and scholarly perspective. Responding to a paucity of up-to-date publications in this area, David Pollard provides the most detailed treatment available of trust law as it relates to occupational pension schemes. The book provides answers to difficult problems in pensions law often not covered by statute, including trustees' obligations to employers, how spouses and dependents rank as beneficiaries and implied duties owed by employers. Pollard deals with the issues of most concern to practitioners in pensions law, including trustees' investment and amendment powers, and trustee investment duties. This practical guidance is supported and enhanced by incisive academic analysis. Written by a leading pensions practitioner, this book is a must have for all practitioners and scholars in the field.

This multidisciplinary volume offers an essential, comprehensive study of perspectives on the scope and application of the best interests of the child and focuses mainly on its application in relation to child custody. With expert contributions from psychological, sociological and legal perspectives, it offers scientific analysis and debate on whether it should be the primary consideration in deciding child custody cases in cases of divorce or separation or whether it should be one of several primary considerations. It explores complex dilemmas inherent in shared parenting and whether the advantages it offers children are sufficient when compared to attributing custody to one parent and limiting visitation rights of the other. Offering a comprehensive analysis of this complex topic, chapters provide detailed insight into the current state of research in this area, as well as expert guidelines aimed at resolving the controversies when parents agree or disagree over their children's living arrangements. Cutting-edge topics explored include: transnational shared parenting; alternative dispute resolution; breastfeeding parents; religious disputes between parents and the psychological, social and economic factors that affect shared parenting. The Routledge International Handbook of Shared Parenting and Best Interest of the Child will be essential reading for scholars and graduate students in law, psychology, sociology and economics interested in shared parenting and family law.

Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.

This research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.