This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship-Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

This collection comprises eighteen contemporary articles on an often overlooked, but important, field of intellectual property law: trade secrets and undisclosed information. Divided into five parts, the selected articles examine various aspects of trade secret law, including its historical development and the range of theories and justifications for trade secret protection. The material also provides a detailed exploration of the scope and limits of trade secret protection, and addresses how trade secret issues arise in a number of contexts, including employment, governmental relations, and the internet. Including an original introduction by the editors, Trade Secrets and Undisclosed Information brings this significant subject into the forefront of discussion, and will be an invaluable resource to students, scholars and practitioners alike.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

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 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.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. Bringing together leading experts in intellectual property, this fourth volume of Kritika tackles head on the most pressing legal issues that lie at the heart of the contemporary marketplace. The topics in this volume include the possible futures of IP; the challenges that the information age poses for rational code design and the protection of social interests; the changing purpose of unfair competition law; the Durkheimian basis for a more socially inclusive form of IP; the reality of IP on the legal streets of Brazil; the shortfalls of intellectual property as dominium and the issue of rights to machine-generated and automated data. With contributions from: Pedro Marcos Nunes Barbosa, Rochelle C. Dreyfuss, Severine Dusollier, Valeria Falce, Mark Findlay, Frake Hennine-Bodewig and Hans-Wolfgang Micklitz

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: 'Aim Higher' and 'Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

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.

Media Law: A Practical Guide (Revised Edition) provides a clear and concise explanation of media law principles. It focuses on the practical aspects of how to protect oneself from claims and how to evaluate the likelihood of a successful claim. This new edition has been revised to reflect important changes and updates to the law, including recent developments relating to scandalous trademarks, embedding, fair use, drones, revenge porn laws, interpretation of emoji, GDPR, false statements laws, lies, and the libel implications of the #MeToo movement. Media Law is divided into five sections that help non-lawyers understand how the principles apply to their actual behavior: background information about the legal system; things you can be sued for; how you actually gather information; ways the government can regulate speech; and practical issues that are related to media law. This book is perfect for courses in media and communications law or a combination course in journalism law and ethics, as it covers both the legal and ethical aspects of communication.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure 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 that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly western structures of legal learning within a wider context. 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.

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.

Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

THE FREEHOF INSTITUTE OF PROGRESSIVE HALAKHAH The Freehof Institute of Progressive Halakhah is a creative research center devoted to studying and defining the progressive character of the halakhah in accordance with the principles and theology of Reform Judaism. It seeks to establish the ideological basis of Progressive halakhah, and its application to daily life. The Institute fosters serious studies, and helps scholars in various portions of the world to work together for a common cause. It provides an ongoing forum through symposia, and publications including the quarterly newsletter, HalakhaH, published under the editorship of Walter Jacob, in the United States. The foremost halakhic scholars in the Reform, Liberal, and Progressive rabbinate along with some Conservative and Orthodox colleagues as well as university professors serve on our Academic Council.

In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest. Internationally renowned contributors analyse high profile cases in the framework of global legal forums and agreements, such as the Global Agreement on Tariffs and Trade and the WTO. Exploring the significance of fundamental human rights and ethical concerns, this Research Handbook will provide critical insight into intellectual property law, particularly with respect to the protection of IP as an investment, and its adjudication in the context of investor-state dispute settlement (ISDS) mechanisms. Comprehensive and engaging, academics and higher-level students working on intellectual property, investment law, European law and international law, will benefit from this Research Handbook. Specialized lawyers and practitioners, as well as organizations or governments involved in IP regulation, will also take advantage from its insight. Contributors include: E. Bonadio, G. Cook, C. Correa, T. Cottier, R.C. Dreyfuss, S. Frankel, S. Gaspar-Szilagyi, C. Geiger, R. Geiger, D. Gervais, H. Grosse Ruse-Khan, C.M. Ho, M. Husovec, S. Klopschinski, A. Marsoof, B. Mercurio, T. Mylly, R.L. Okediji, P. Roffe, D. Segoin, X. Seuba, P.N. Upreti, L. Vanhonnaeker, H. Wager, P.K. Yu